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first time it has been suggested in a ju-
dicial system. To the contrary, it is our
information that the so-called three-tier
court system in Illinois has in fact become
what we understand to be a four-tier court
system by virtue of the power delegated to
the judges of the three-tier court, to ap-
point not magistrates or commissioners but
trial judges at the limited jurisdiction
level. Therefore, the concept contained in
the majority report is not unique. It is not
a first time. It is entirely consistent with
progressive thinking in this area.
In our humble judgment it gives the
court structure which we envision under
this Majority Recommendation the control
over these commissioners that is so sorely
needed for the efficiency and the uniformity
that we hope will be accomplished for the
people of Maryland under this proposed
judiciary article.
Accordingly, I urge you to vote against
the amendment.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman,
I yield three minutes to Delegate Jett.
THE CHAIRMAN: Delegate Jett.
DELEGATE JETT: Mr. Chairman, fel-
low delegates of this Convention, it would
be improper for me to speak on this with-
out paying due respect to the Chairman of
this great Committee who has come forth
with this fine argument. In the main I
agree with it. I think it is a wonderful step
forward for Maryland.
I must say, however, that this article as
respects the commissioners is one which I
feel will not only not help the judiciary
but do it terrible harm. I feel that this idea
of turning over to our judges the matter
of dispensing patronage and of giving out
jobs, while on the bench dispensing justice,
exposes them to charges of dispensing
patronage in their chambers. I feel that
this will subject every judge to unwanted
and unnecessary censure and to something
no judge would want.
I submit to you all that no judge would
want to drink from this cup, that he would
want this cup to pass from him.
I would suggest to you further that this
is something that cannot fail to take a
great deal of judicial attention. It is some-
thing that is going to divert judicial at-
tention from the very demanding job of
being a judge and not a dispenser of jobs
and not one who is looking over the ad-
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ministering, hiring and firing and inter-
viewing and doing all the things required
in this job.
As for control, in the limited control
given these commissioners, their every act
would almost inevitably come under the
surveillance of the judges.
It is my feeling that "we, by subjecting
out judges to the indignity of having to
pick these men, would be doing them the
greatest disservice. I say to you that, par-
ticularly in this area, where the average
citizen has his only contact with justice,
and where he sees law working as probably
the only contact he ever has with it, nothing
should cast any doubt in his mind that
that judge sitting on that bench in those
robes is dispensing free justice. I ask you
for the love all of us have for the judiciary
to vote against this giving of power to the
judges to appoint their commissioners and
in favor of the amendment.
Thank you.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman, I
yield three minutes to Delegate Dulany.
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Mr. Chairman,
the word "commissioners" is new to Mary-
land judiciary. It will stand in the place
of what we now know as the committing
magistrate. I think many people are not
fully aware of what a committing magis-
trate is, but we in the county are well
aware and probably some city residents
are also. The committing magistrate is a
person to whom a person goes when he
wants to swear out a warrant for the ar-
rest of a citizen who has breached the law
or committed some offense or caused some
offense against the person swearing out the
warrant. This is a very important office.
A warrant of arrest sworn out aguinst
a person does make some sort of record
against him if the committing magistrate
does not know something of the law; many
times you can have warrants sworn out
that are unjustified.
We had before our Committee testimony
that a warrant for assault was sworn out
against a man who was placed in jail pend-
ing hearing because his dog killed a neigh-
bor's chicken. At the present time the com-
mitting magistrates are political appointees
for a two-year term. Their qualifications
are practically zero.
Under the judicial article as drafted by
the Committee, the committing magistrates,
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