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DELEGATE CHABOT: Certainly.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: The concept we
are trying to get at in this is that each
county shall have a court. If you just say
a superior court judge shall sit regularly
in each county this does not imply the
county would necessarily have a court
whereas if you have the other language,
"who shall preside over the superior court
in that county," it makes it very definite
that there shall be a superior court in that
county.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: I find it difficult
to see how a judge can sit regularly in the
county without that court being in the
county. For that reason, I suppose that I
must maintain my amendment. I suggest
that this will provide the opportunity for
the judge who is resident in the county to
sit elsewhere at various times in the State
and to permit those who assign the ju-
dicial personnel to assign some other judge
to that county at certain times.
It will permit the assignment of other
judges when the judge who is resident in
the county is indisposed for one or another
reason. In either event, whether you take
my amendment or take Amendment No. 8,
although neither of them will make for the
complete tidiness that was suggested by
Amendment No. 7, I think that either
Amendment 8 or 9 will facilitate the ju-
dicial process at the places where it is
needed by the people. I suggest that is a
consideration that we should keep before
us to a great extent in considering this
article.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to Amendment
No. 9? Delegate Grant.
DELEGATE GRANT: Delegate Chabot,
will you yield for a question?
THE CHAIRMAN: Does Delegate Cha-
bot yield for a question?
DELEGATE CHABOT: Yes, sir.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I think it is
mainly a matter of draftsmanship. Would
yx?u be willing to modify your substitute to
say a superior court judge shall sit regu-
larly over the superior court in each county.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: I agree to that
amendment.
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THE CHAIRMAN: Does the seconder
accept the modification of Amendment
No. 9?
DELEGATE BENSON. I second it.
THE CHAIRMAN: Do you accept the
modification?
DELEGATE BENSON: Yes.
THE CHAIRMAN: Modification as the
Chair understands it is in line 4 after the
word "regularly," was it, Delegate Grant?
DELEGATE GRANT: Yes, regularly
over the Superior Court in each county."
THE CHAIRMAN: Would you not say
sit in rather than sit over?
DELEGATE GRANT: Yes, sit in.
THE CHAIRMAN: Modification of
Amendment No. 9 as made by the sponsor
and accepted by his seconder is in line 4
after the word "regularly", insert the
words "in the superior court" so that the
language would then read "A superior
court judge shall sit regularly n1 th° .Oi'-
perior Court in each county." With the
modification that — for what purpose does
Delegate Clagett rise?
DELEGATE CLAGETT: Mr. Chairman,
I am in complete accord with Delegate
Grant.
THE CHAIRMAN: For what purpose
do you rise?
DELEGATE CLAGETT: The purpose
of suggesting a clarification to get exactly
at the intent of these two motions which
really do not quite hit the point on the
head. I think we could very easily do it by
simply inserting in line 11 "There shall
be" —
THE CHAIRMAN: Line 11 of what?
DELEGATE CLAGETT : Of section 5.08.
THE CHAIRMAN: Proceed.
DELEGATE CLAGETT: In the orig-
inal, after the word "be" in line 11, ""'h°re
shall be a Superior Court and at least one
Superior Court judge resident in each
county".
THE CHAIRMAN: Delegate Grant
shakes his head. I take it Delegate Chabot
is shaking his head negatively. They do
not accept your suggestion. For what pur-
pose does Delegate Schneider rise?
DELEGATE SCHNEIDER: To speak
against Amendment 9.
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