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(There was no response.)
THE CHAIRMAN: Delegate Gilchrist?
DELEGATE GILCHRIST: Mr. Chair-
man, I should simply like to point out to
the Convention what the Convention has
done so far with respect to this. Delegate
Case made a comment that you were bring-
ing justice to the people. What we have
actually done so far is arrange to bring
the people to justice.
The transportation problem, which has
been created by this, is a little bit difficult
for some people. I would like to point out
that the Convention has very carefully
made arrangements to have a man tried
for murder in his own county, but they
have not given him the opportunity to be
tried on a speeding charge or on violations
of minor ordinances in his own county. It
seems to me that an approach such as this
is not entirely rational.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman,
ladies and gentlemen of the Committee of
the Whole: I rise to correct a statement
Delegate Gilchrist has just made. I believe
it was envisaged by our Committee and
certainly by this Report that the district
judge would be a travelling judge. He
would travel to each county, and if a
traffic violation took place in Garrett
County, the trial would be held in Garrett
County. That is the whole idea of the dis-
trict, so I think the comment that Delegate
Gilchrist just made is not completely ac-
curate.
THE CHAIRMAN: Delegate Gilchrist,
it is the sentence in lines 36 to 39 of sec-
tion 5.10.
Delegate Grant.
DELEGATE GRANT: I would like to
speak in favor of this, although I have to
do it reluctantly because I am a member
of a very small bar and this is going to
create more problems. First of all, the
Committee of the Whole has decided that
it is going to be very strict about what it
allows the commissioners to do, so this
means essentially if you get a trial you are
going to have to have the district court do
it. Now, what concerns me, and I think
concerns possibly Delegate Malkus, too,
is what Delegate Case said about caseloads.
In other words, they immediately decided
how many district judges would be had on
the basis of caseloads. It does not take very
long to work out the fact that there will be
a sufficient supply of district judges in the
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urban areas where there are large cas
loads. However, it means that there will be
an insufficiency of judges in the rural ares
where there are small caseloads.
The district courts are simply the cour
of immediate impression, the courts whei
most people come in. I really ask each del
gate to put himself in a very typical .situ;
tion of a man who is stopped for a traflf
violation in an urban county, and it cou'
be Garrett County, and has to trav
seventy miles to the nearest district judg
have the case decided, and then sevenl
miles back to resume his journey. That
exactly the distance from a town calk
Redhouse in Garrett County where rou
50 crosses into West Virginia to Cumbe
land where it is normal to presume the
by caseload the district court would re;
sonably be required to spend all of i
time.
I would like to point out the old adag
that justice delayed is justice betrayed.
THE CHAIRMAN: Is there any furtb
discussion? Delegate Stern.
DELEGATE STERN: Would Delega
Mudd yield for a question?
THE CHAIRMAN: Delegate Mudd, <
you yield to a question?
DELEGATE MUDD: Yes, Mr. Chai
man.
THE CHAIRMAN: Delegate Stern.
DELEGATE STERN: Taking whi
Delegate Case has just said, it bothers n
and I would like the record explicitly clea
because nothing is mentioned in the coi
stitution as to venue, is it the intei
of the Committee Report that the judg<
shall be the ones that move where tl
heavy caseload is and that the cases shou
not be brought down from one distri
court to another one because the judge doi
not want to move?
THE CHAIRMAN: Delegate Mudd?
DELEGATE MUDD: Definitely that
the intention of the majority report.
DELEGATE STERN: Thank you.
THE CHAIRMAN: Delegate Gallaghei
DELEGATE GALLAGHER: Will Del
gate Grant yield to a question?
THE CHAIRMAN: Delegate Grant, <
you yield to a question ?
DELEGATE GRANT: Yes, sir.
THE CHAIRMAN: Delegate Gallaghei
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