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Now, ladies and gentlemen of the Con-
vention, it seems to me this makes it
abundantly clear that there is just not
enough workload, not enough caseload in
some counties to justify having one district
judge. The idea is certainly to bring justice
to the people, but you are going to have a
proliferation of district judges if you follow
the Malkus amendment.
I strenuously urge its defeat.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate E. Churchill Murray?
DELEGATE E. C. MURRAY: Mr.
President, ladies and gentlemen, I think
that Delegate Case's figures overlook and
do not speak to the phase of this addressed
by Delegate Sybert.
There is an element here beyond the
question of the number of cases involved.
Looking back over the years, I am con-
scious that the establishment of the lower
courts in a county have a very decided
effect upon the county, upon the law-
abiding and non-law-abiding citizens of a
county.
I rise to support the motion. I think that
in spite of the numbers involved this is not
the answer. I think that such a judge
sitting there is desirable for those counties,
and I also think that the contact is even
more desirable where there has been a
lessening of direct legislative association
with the counties.
I hope that you will be able to see this
because my feeling about it is derived from
observation over a great many years.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition? Delegate
Bothe?
DELEGATE BOTHE: I have a question
of Delegate Malkus.
THE CHAIRMAN: First, does anyone
desire to speak in opposition?
Delegate Smith, Marvin Smith?
DELEGATE M. SMITH: Mr. Chairman,
it is with reluctance, coming from one of
the smallest counties of the State, and
being the neighbor of Delegate Malkus,
that I rise in opposition to this amendment.
I just do not think it is necessary.
If Worcester County needs a full-time
district judge, a letter I have in my
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possession from Judge Prettyman would
seem to indicate that they can use one and
a fraction in Worcester County, certainly
the General Assembly in its wisdom will
see fit to take care of that.
I addressed a letter to each of the ten,
I guess, circuit judges on the Eastern Shore
to get their reaction to this matter.
In my own circuit, the five northern
counties of the Shore, the circuit judges
in Kent, Queen Anne, and Caroline, were
of the opinion that there was no need for a
full-time district judge in those counties.
I addressed a letter to each individual
member of the Caroline County bar. Those
who replied, who were certainly the leaders
of the bar, indicated that in their opinion
there was not a need for a full-time dis-
trict judge in Caroline County.
Now, I know all that Delegate Sybert
has said with reference to judges, being
acquainted with the mores of the people,
et cetera, but I would have to say to you,
sir, in my practice of the law in a county
that was one of five counties in a circuit,
that certainly Judges Kipner and Rollins
from Cecil County, when they sat in our
county, Judge Raisin from Kent County,
and Judges Kadin and Hardin from Queen
Anne's County seemed well acquainted
with the mores of our people.
THE CHAIRMAN: Does Delegate Mal-
kus yield to a question from Delegate
Bothe?
DELEGATE MALKUS: Reluctantly.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: The question is
very simple, Delegate Malkus. I wonder~d
if you had arranged to calculate the addi-
tional cost to have a district court judge in
those counties.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: Mr. President,
when I get the basic overall cost of the four-
tier system it will not be very difficult to
answer Mrs. Bothe's question. When the
Chairman gives me those reports in
writing, it will not be difficult, Mr. Presi-
dent, to say what the additional cost will
be for the four or five counties that we are
talking about, and I will answer Mrs.
Bothe's question.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?
Delegate Stern, do you desire to speak
in favor of the amendment?
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