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THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: Yes, if the
legislature would be so foolish as in the
exercise of its power to allocate judges
around the state to say that we did not
need any judges in Baltimore City that
could happen, but that suggests to me a
lack of confidence in the legislature that is
incredible.
If your question were addressed to
whether he sits there or whether he lives
there —
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: My question is
directed as to whether or not he lives there,
not whether he sits there.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: The
amendment, as I offered it, does not direct
itself to that because that is in section
5.13, which provides the eligibility of the
judge. You would have to change section
5.13 and, of course, one of the changes
that could be made could guarantee there
would be a resident judge from Baltimore
City.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: It was my un-
derstanding that you did intend to change
section 5.13 to be consistent with 5.08. If
you would change it, then it would mean
that we would not necessarily have a judge
who was a resident of Baltimore City in
the Superior Court, is that correct?
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: I would
keep an absolutely open mind about your
concern for the residence of the judge in
Baltimore City. What I am really concerned
about is saying to the judicial nominating
commissions when you go to pick a judge
that there are only six lawyers to look at
because they are the only ones living in
that county, and furthermore, the judge
is not really going to do a lot of his busi-
ness in that county, he will be in the next
county most of the time.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment? Does any delegate desire to speak in
opposition? Delegate Grant.
DELEGATE GRANT: I would like to
suggest to Delegate Bamberger that the
problem is simply one of eligibility of the
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judge, not residency of the judge. We are
concerned about having a judge. If you
want to con somebody from Southern Mary-
land to come up there and live on a moun-
tain top, I see no objection to it. The ur-
gency is to have a judge resident in the
county. That is the important thing.
THE CHAIRMAN: In view of the
colloquy that has just ensued I want to
again call to your attention the two amend-
ments to be submitted to you, one of which
will provide that the superior court judge
shall preside over the division of the su-
perior court in that county, the other of
which will provide that a superior court
judge shall sit regularly in each county.
Neither would appear to have any appli-
cation to residence. Delegate Smith.
DELEGATE M. SMITH: I am from the
judicial circuit that was the last circuit in
Maryland to have a resident judge in each
county. It has only been since June a year
ago, if I recall correctly, that we have had
a resident judge in each of the counties
in the second judicial circuit, when Judge
Clark was appointed over in Talbot County.
During all of my practice at the bar, our
judge, prior to the appointment of Judge
Clark, was shared with Talbot County.
Mr. Chairman, you tave taken away from
us our delegate so far as the House of
Delegates is concerned. I would like to echo
all that Delegate Grant said and suggest
to you, sir, that there is a need for a judge
to be available in every county. When Dele-
gate Bamberger wants to get an order
signed, he can go down to the Court House
in Baltimore City and there are a number
of judges available. If we have no judge,
then of necessity we have to drive a dis-
tance and a hardship is created.
Judge Sherbow will recall, I know, very
vividly, that when the Constitutional Con-
vention Commission originally suggested
that there be no requirement with refer-
ence to a resident judge, that the Commit-
tee of which Judge Sherbow was Chairman,
insofar as the State Bar Association was
concerned, gave a very loud protest. It was
a direct result of that protest that the
present provision was put into the draft
of the constitution.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 7 to Committee Recom-
mendation JB-1. A vote Aye is a vote in
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