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It is my information, however, from the
testimony before the Committee that some
employees perhaps of the clerk's office or
register of wills office are under the city
merit system, is that right?
THE CHAIRMAN: Delegate Hargrove,
Delegate Mudd addressed a question to you.
Can you answer it?
DELEGATE HARGROVE: The em-
ployees of the people's court of Baltimore
City are under the merit system. I might
add the constitution provides for the ap-
pointment of all employees of that court
by the chief judge of the court.
In the municipal court of Baltimore City,
also, all of the employees are under the
Baltimore City merit system and again I
believe the Constitution provides for the
appointment of clerks and court officials by
the judge of the court.
THE CHAIRMAN: Do you have fur-
ther questions?
DELEGATE KEY: No.
THE CHAIRMAN: Is there any further
debate?
Delegate Willoner?
DELEGATE WILLONER: Mr. Chair-
man, I sadly rise, I guess, to support the
Committee position and in opposition to
the minority's amendment.
It seems to me the issue here, unlike the
other issues we decided today, is not the
issue of whether or not this is a power
grab by the courts, but whether or riot we
can improve what is the single worst situa-
tion in our courts in Maryland today.
There is no area that needs more reform
than the J.P. system we have. The condi-
tion could have been remedied in the last
hundred years. It has not been. This is an
attempt to do so. Given the very limited
jurisdiction of the commissioner, it seems
to me, it would be a safe approach to per-
mit the district judge to appoint the com-
missioners in his district.
THE CHAIRMAN: Time on the debate
schedule having just about expired, there
being only a minute or two —
Delegate Kahl, do you desire to speak?
DELEGATE KAHL: In favor of the
amendment, yes.
THE CHAIRMAN: Just a second. You
have two minutes.
DELEGATE KAHL: I want to empha-
size it is not our intention to strengthen
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one branch so much we set it completely
away from our system of checks and bal-
ances. I think the Committee's recommenda-
tion is pecking away at our system of
checks and balances and the public as well.
I would like to point out also that in the
Committee's recommendation the commis-
sioners serve at the pleasure of the chief
judge. Commissioners are not committing
magistrates; these are new jobs.
The only thing our amendment is trying1
to do is give them tenure. They might, they
probably will be under the merit system.
They should not be at the disposal of the
judge to appoint and dismiss at his pleas-
ure.
THE CHAIRMAN: The opposition has
two minuses. Does any delegate desire to
speak in opposition?
DELEGATE GALLAGHER: Mr. Chair-
man, ladies and gentlemen, I think in op-
posing the amendment, I should point out
that the level of the judiciary which most
people encounter during their lives is this
particular plateau. It would seem to me
that we should guarantee our service, that
the impression of the judiciary which
people meet at this particular level should
be a good one. I think in order to do that
we have to eliminate the political patronage
system which now goes hand in hand with
this particular level of the judiciary.
Consequently, I would urge that the con-
trol of the appointment not be placed in
the hands of the General Assembly where
the jobs are parceled out on a patronage
basis and where the individual pressure
from the individual legislator who has so
many appointments of committing magis-
trates can interfere with the due process
of justice.
I would submit it is a far better thi^n:
to remove from the political arena this
particular aspect of the judicial activity
and put it in the hands of disinterested
parties. For that reason, I would urge de-
feat of the amendment.
THE CHAIRMAN: The time allowed
for debate under the schedule having ex-
pired we are ready for a vote. Before tak-
ing the vote, I ask the Clerk to sound the
quorum bell.
For what purpose does Delegate Gil-
christ rise?
DELEGATE GILCHRIST: Point of per-
sonal privilege.
THE CHAIRMAN: State the privilege.
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