|
totally unworkable system, a matter of
geography, not a matter of manpower or
efficiency. The judge sits in Cumberland
frequently. They can use three judges
there.
The main thing is there is a judge up
there, somebody who is available to sign
orders, who resides there. On almost all
occasions you can get hold of him as neces-
sary to get the work done. If you did not
do this, you would have an almost unwork-
able situation.
I regret the fact that we only have six
lawyers, we could use twelve, but we seem
to be stuck with six. I hate to think what
would happen if all of them had to go
through the arduous difficulty of sixty miles
to the nearest judge.
THE CHAIRMAN: Before voting on this
question, I think the Chair should an-
nounce or state to you the purport of the
other two amendments which I think are
directed at the same end and which I will
at the appropriate time suggest be pre-
sented together. One is a substitute for the
other.
In view of Delegate Bamberger's ex-
planation of the purpose of his amend-
ment, I do not think that these two other
amendments are properly substitutes for
his amendment. However, if his amend-
ment should prevail, I think it would be
necessary to rephrase somewhat the other
two amendments and the Chair would be
disposed to give the sponsors an opportu-
nity to do that.
One of the amendments would provide in
line 12 of this same section after the word
"county," add the words "who shall preside
over a division of the Superior Court in
that county." So that instead of taking
out the sentence that would be taken out
by Amendment No. 7, the sentence would
read "There shall be at least one Superior
Court judge resident in each county who
shall preside over a division of the Superior
Court in that county."
The other amendment would not change
that sentence but would add a new sen-
tence at the same place, that is, after the
word "county" in line 12, the new sen-
tence to read "A Superior Court judge
shall sit regularly in each county."
Is there any further discussion of
Amendment No. 7?
(There was no response.)
Are you ready for the question?
(Call for the question.)
|
Delegate Bothe.
DELEGATE BOTHE: I have a question
of Chairman Mudd.
THE CHAIRMAN: Delegate Mudd, do
you yield to a question?
DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: Could you tell me
how many counties there are presently in
the State which cannot support services of
at least one superior court judge?
THE CHAIRMAN: The Chair is at a
loss. What do you mean not support?
DELEGATE BOTHE: Enough judicial
business to justify the full time services of
at least one Superior Court judge.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Every county now
has a judge and if Delegate Bamb.rger
has some information to the effect that
there is insufficient business in some of
these counties to support the need for a
resident judge that has not been made
available to our Committee within the pres-
ent trend of assigning judgrs to other
counties where the work load is greater and
utilizing manpower from the counties where
the case load may be less.
THE CHAIRMAN: Delegate Bothe, per-
haps if I rephrase the question to ask you
this, do you know how many counties there
are with more than one judge at the pres-
ent time?
DELEGATE MUDD: May I check with
my staff man? He may have some figures
on that.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Delegate Both-, we
can think of twelve counties at the moment
with only one judge.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: I would like to
ask Delegate Bamberger a question.
THE CHAIRMAN: Delegate Bamberger,
do you yield to a question?
DELEGATE BAMBERGER: Yes, sir.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Delegate Bam-
berg-er, would your amendment mean that
in Baltimore City we could be without a
resident Superior Court judge?
|