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Our judicial system is not perfect. It is
because the citizens have come up against
the arbitrariness of some of the appointed
judges and the political activity of others
that these changes have been sought.
I want to say again that certainly the
state civil service system offers an oppor-
tunity for the appointment of qualified
commissioners. Moreover, I still feel as
many of the delegates have voted here today
that we must not put too much power in
the hands of any one branch of government,
be it judiciary or what not. I feel that this
amendment has great merit and I speak
for it.
THE CHAIRMAN: The Chair recog-
nizes Delegate Cicone to speak in opposi-
tion to the amendment.
DELEGATE CICONE: I am a non-
judicial member of our Committee. I think
yesterday I was referred to as a lawyer's
spouse. Maybe that makes me a quasi-
judicial.
For many weeks I have been listening to
testimony, people we have heard, as to in-
ferior courts, I think that name probably
is indicative of a situation that is existing
now in our lower court systems and es-
pecially at the magistrate court level.
I heard stories that they would be funny
if they were not so tragic, how some forms
of justice or alleged justice is dispensed.
This happens, as I see it, to the greatest
number of people that are exposed to these
particular magistrate courts. I can imagine
the impression they take away of our ad-
ministration of justice. These commis-
sioners I feel are a step in the right direc-
tion to come under the court system. We
have been down here trying to draw a
sharp definitive line between our branches
of government. All day today I have
listened to phrases that I certainly do not
agree with, power grabs.
Maybe it just depends on which side of
the fence you are sitting. Witness after
witness asked us, urged us, very competent
members of our legislature asked us to
make reforms at this level. They said if
we did not do it the legislature would not.
If reform was needed up to this time and
the legislature had the power to do it, why
had it not been done up to this time?
I think we should take it out of the
legislature and put it in the judicial, and
draw a line where the responsibility will
lie.
As I was listening to the legislative arti-
cle, nowhere in that article did it suggest
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that any other branch elect its officers or
employ any of their staff. That would help
them with the administration of the legis-
lature.
THE CHAIRMAN: You have a little
less than one-half minute.
DELEGATE CICONE: It is inconceiv-
able to me that we would give a judge the
job of administering his court and then
not allow him to pick the most qualified
people to help him do the job he must do;
otherwise, there would be no responsibility.
To whom would these commissioners be re-
sponsible, if not to the court, to the legis-
lature? I submit to you this chain of re-
sponsibility should not be broken. I think
each branch should be able to keep its own
house in order.
I urge you to vote down this amendment.
THE CHAIRMAN: Delegate Weide-
meyer, do you desire to speak in favor of
the amendment?
You may proceed.
DELEGATE WEIDEMEYER: I want
to point this out: that when I hear it said
that the district judge has to select these
men to help him do his job, I want to point
out, Mr. President, that the job of any
judge is to adjudicate. The job of the judge
is not to go out and issue warrants. Lord
help this country if our judges go out and
say who must be brought in before them
to be tried.
I know when I was magistrate I had
some policemen tell me they were not satis-
fied with my decisions. I said your job is
to look after violations: my job is to try
the case. So therefore, I thing that we are
going off on the wrong track if we say
these committing magistrates are there
merely to help the judges. They are there
to perform a separate function, that is to
issue warrants and things like that. They
have nothing to do with the trial of the
case. I suggest to you that anyone who
makes a mistake in issuing a warrant could
just as easily have made it because he was
appointed by the judge as if he were ap-
pointed by the governor.
I think when we get into where the
judges are making appointments then I
think we are eroding an old principle of
our state government, the clear separation
of powers. I think when we start in a
small way we can gradually extend it in a
larger way. I think if you like the prin-
ciple, if you think the principle of separa-
tion of powers is good, you ought not erode
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