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phone, but we have considered it back and
forth a number of times and it seems to
be the only way we can possibly keep the
tape accurate. There is no way other than
that for one listening to the tape to know
who is speaking. The person operating the
console also tells me it is impossible for her
to know what switch to throw if several
people are on the floor unless I announce
the name. So please pause long enough to
let me state the name. Delegate Hargrove.
DELEGATE HARGROVE: Delegate
Grant, I think the Committee and myself
are certainly in favor of the idea, but I
would like to ask you this. If this amend-
ment were adopted in its present language
would it not preclude a judge coming from
somewhere else who resided, say, in Garrett
County, for example, if the judge became
sick?
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: No, I do not be-
lieve it would. This is a very common oc-
currence and it is provided for that not
only may judges transfer between courts,
they may also transfer between levels of
courts. I take from the Committee's ex-
planation that there would be no difficulty
in this at all.
THE CHAIRMAN: Delegate Hargrove.
DELEGATE HARGROVE: It seems to
me in putting this in the constitution with
the prior sentence saying "there shall be a
resident judge in every county" and you
then designate that resident judge as one
who sits in this division, the section is
somewhat restrictive. Perhaps there is an-
other amendment coming around.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I do not see that
difficulty with it but I am open to some-
thing that someone might suggest.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Mr. Chairman,
may I ask this. Perhaps the best way of
putting this is to ask Delegate Grant if he
will yield for a question. Perhaps the sub-
stitute can be made a part of the original
amendment without a "vote.
THE CHAIRMAN: We could do that
or perhaps just as simply offer the substi-
tute so that everyone will see it. I think
this would be an appropriate time.
DELEGATE CHABOT: I would call out
amendment marked AT. Please mark this
Amendment No. 9, offered as a substitute
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for Amendment No. 8. The Clerk will read
the amendment.
READING CLERK: Amendment No. 9
to Committee Recommendation JB-1, by
Delegate Chabot: On page ."> section 5.08
Composition of Superior Court line 12 after
the period insert the sentence: "A Superior
Court judge shall sit regularly in each
county."
THE CHAIRMAN: Is the amendment
seconded?
(Whereupon, the amendment was sec-
onded.)
THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Chabot to speak to the amend-
ment.
DELEGATE CHABOT: The purpose of
the amendment is essentially the same as
the purpose of Amendment No. 8 except
that I suggest that it retains the maximum
flexibility possible in that it does not ab-
solutely require that the same person who
is the judge who is resident in the county
be the one who is sitting regularly in the
county.
It also eliminates the problem, which the
sponsors of Amendment No. 8 agree to
eliminate, by striking reference to a
division.
I would ask if the sponsors would agree
at this point to substitute Amendment No.
9 for their amendment.
THE CHAIRMAN: Delegate Grant, you
have been asked whether you would agree
to the substitution of Amendment No. 9
for Amendment No. 8. Delegate Grant.
DELEGATE GRANT: May I answer
in just a moment?
THE CHAIRMAN: Yes. While Delegate
Grant is doing that, I am very sorry to
tell you that the doctor has ordered the
First Vice President Clark home. As many
of you know, he has been suffering from a
very heavy cold for the past ten days. He
has been urged to stay home, but has been
most reluctant to do so. The doctor has
finally taken the matter in hand and has
sent him home. I am sure we hope he will
be back with us in a very few days. Dele-
gate Grant.
DELEGATE GRANT: I would like to
ask a question of Delegate Chabot.
THE CHAIRMAN: Delegate Chabot, do
you yield to a question from Delegate
Grant?
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