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DELEGATE L. TAYLOR: I wanted to
ask a question of Chairman Mudd.
Delegate Mudd, will you yield to a ques-
tion from Delegate Pullen?
DELEGATE MUDD: Yes, sir.
THE CHAIRMAN: Delegate Pullen, will
you state your question?
DELEGATE PULLEN: Thank you, Mr.
Chairman. I do not know whether to apolo-
gize or congratulate my mistake in calling
you, sir, but in any case you are observing.
I am quite serious about this question.
Lawyers seem to know what they are talk-
ing about, but I am not sure that I do. Is
the purpose of this amendment to keep the
control of this under the legislature or to
give the legislature the right to judge the
judges?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Probably the pro-
ponent of the amendment can answer that,
but I would guess it is both.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: Does not the
legislature already have the right of con-
trol, if the courts were to decide to set up
functional divisions, in that they have to
go to the legislature to get the money, and
by law they have to be set up by the legis-
lature? I think they have got to control,
but now it seems to me the real question
here is whether you want the legislature
to push the courts into performing a par-
ticular service?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: I do not believe I
exactly follow your question, doctor, but
the legislature will prescribe the jurisdic-
tion for the courts in all four tiers. Now,
if the power to create functional divisions
is as the majority proposes, to be estab-
lished by a rule, then the courts, through
the judges, would establish the functional
divisions.
If this amendment is added, then the
legislature would have power by law to
create functional divisions, as I understand
it.
THE CHAIRMAN: One more question,
Delegate Pullen.
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DELEGATE PULLEN: But it says, the
number shall be established by law.
THE CHAIRMAN: Delegate Mudd.
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DELEGATE MUDD: The number of
judges?
DELEGATE PULLEN: Yes.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: If the legisla-
ture can determine the number and if the
courts wish to have divisions they have to
have more judges. Therefore, the legisla-
ture will have to provide for them. I am not
concerned right now with the rightness or
wrongness. I want to know what I am vot-
ing for.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: I suggest that you
have made a proper analysis of it, that by
controlling the number of judges the court
cannot create a functional division if the
judicial manpower is not available through
the legislature.
THE CHAIRMAN: Delegate Mudd, do
you yield to a question from Delegate
Bushong?
DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Bushong.
DELEGATE BUSHONG: Delegate
Mudd, in these large counties where you
have six and eight judges and they do not
get along together, what power is there in
this constitution? Suppose one of them is
appointed by the chief judge of that circuit
or superior court, and he does not wish to
take the assignment that he gives him?
What is there in this whole article that
can be done about that?
THE CHAIRMAN: Delegate Bushong,
I am not sure that the Chair understands
the relevance of that question to this par-
ticular amendment. Are you addressing it
to this particular amendment?
DELEGATE BUSHONG: Yes, Your
Honor, because you are taking power away
from the legislature.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: The best answer
I can give you, Delegate Bushong, is that
the power of the judges to assign judges
temporarily is probably the best vehicle I
know of proposed in this recommendation,
which is not in this particular section, to
deal with that problem if it exists — and
I am not saying it does exist.
THE CHAIRMAN: Delegate Mudd, do
you yield to one more question from Dele-
gate L. Taylor?
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