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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 960   View pdf image (33K)
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[Nov. 17] DEBATES 96

these cases are uncontested, that the legis-
lature in its wisdom initially at least may
not wish to create a district for every
county, and thereby require a resident
judge in every county at the district court
level.

We, therefore, oppose the amendment,
for the reason that we believe it is wiser
to leave this discretion with the legislature
in creating these districts for the district
court as the circumstances may from time
to time require, especially in view of some
population projections which do, believe it
or not, suggest a decrease in population in
some areas of the State over the next five
to fifteen years.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?

Delegate Malkus?

DELEGATE MALKUS: I would like to
ask the Chairman if he will yield to a
question.

THE CHAIRMAN: Delegate Mudd, do
you yield to a question?

DELEGATE MUDD: Gladly.
THE CHAIRMAN: Delegate Malkus.

DELEGATE MALKUS: How often does
the magistrate sit in Ocean City?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: I have not been
able to afford a vacation there as often as
I would like, and frankly, I do not know.

THE CHAIRMAN: Delegate Malkus.

DELEGATE MALKUS: Since you have
brought out your Report, you have not ex-
plored every possible situation?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: In my opinion, no,
when it is left to the decision of the legis-
lature.

THE CHAIRMAN: Delegate Malkus.

DELEGATE MALKUS: Would you be
surprised if I told you that the magistrate
at Ocean City sits seven days a week?

THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: No.

THE CHAIRMAN: Are there any fur-
ther questions, Delegate Malkus?

DELEGATE MALKUS: Not at this
time, Mr. President.

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: Mr. Chairma
I rise in support of this amendment.

As Delegate Malkus pointed out, th
body insured yesterday that there will I
one superior court judge resident in eac
county, and at least I take it the effect c
that amendment was that he would s
ordinarily in that county.

I point out that the district courts i
every jurisdiction will handle several time
as many cases as the superior court judge
will. The district court will be the coui
with which most citizens will have contac
I think it is imperative that we have nc
only a district court judge available at a
times as a resident one would, but that th
local district court judge will know th
people and will know their customs an
the conditions in the county much bette
than a district court judge from some othe
county in the same district.

For that reason, I think it is as a prac
tical thing imperative that we have at leas
one district court judge available and wh
shall sit in his own county.

THE CHAIRMAN: Does any other dele
gate desire to speak in opposition?

Delegate Case.

DELEGATE CASE: Mr. Chairman
ladies and gentlemen of the Committee
Delegate Mudd correctly stated the fac
that this recommendation is based upon th<
best use of judicial manpower, and as mud
as I hate to speak in opposition to my gooc
friend and long-time colleague, Delegate
Sybert, I would call to the attention of the
Committee of the Whole a few figures
which I think will indicate the fallacy oi
his approach.

For the year September 1, 1964, to Au-
gust 31, 1965, there were 413,000 traffic
cases tried by the courts of limited juris-
diction in this State, of which only 6,000
were tried in Howard County.

During that same period there were
135,000 civil cases terminated by the courts
of limited jurisdiction in this State, of
which less than 300 were tried by courts of
limited jurisdiction in Howard County.

Going back to Delegate Malkus for a
minute, again, taking the traffic cases that
were tried during this period, there were
413,000 of them; in Dorchester County,
only 958 of the total of 413,000 were tried
in Dorchester County.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 960   View pdf image (33K)
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