|
modest other jurisdiction along the same
line.
I want to emphasize that in our whole
four tier system, the legislature is given
complete power over the jurisdiction of
every single layer.
We do not propose that they be given
unlimited power with regard to the com-
missioners, but we do propose that there
be some expanded ability within the con-
cept as set forth in the majority report.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
ladies and gentlemen of the Committee of
the Whole: I must rise in opposition to
this amendment and fear that what I have
to say will sound like a broken record.
However, this provision proposed by
Amendment No. 19 to allow the legislature
to prescribe by law the exercise of other
powers by these commissioners is contrary
to the concept of the court structure as en-
visioned by the Committee on the Judicial
Branch.
I do point out to the proponents, Dele-
gates Hardwicke and Grant, that the word,
similar, is not in the amendment. Even if
it were, I do not feel it would help a great
deal.
The problem here, as we see it, is that
the role of the commissioners in the court
structure we contemplate is a limited role.
If the legislature is allowed to assign re-
sponsibilities, duties and powers to these
commissioners over and beyond the strict
limitations contemplated within the lan-
guage adopted, and as provided by rule
by the courts, the court structure can be
weakened and judicial power can end up in
the hands of non-lawyers, which is entirely
contrary to the whole concept of this rec-
ommendation by our Committee.
Therefore, I must urge you, with all sin-
cerity again, to vote against this amend-
ment.
THE CHAIRMAN: Does any delegate
desire to speak in favor of the amendment?
Delegate Bennett.
DELEGATE BENNETT: Mr. Chair-
man, members of the Convention, if we are
to uphold respect for the law on the part
of the public, we have to improve the cali-
ber and prestige of the commissioners
where the public purse comes in contact
with them as when bail is set, and we can-
not improve the caliber of the commis-
sioners unless we find some way to raise
|
their salaries. It seems to me that the legis-
lature is not going to do that unless we
can find some way of at least granting the
legislature power to give them some addi-
tional duties, as for instance, assigning
them the power to take depositions, or to
act as examiner when this is agreeable to
both sides of the case, or as a hearing offi-
ce*I now and then. That could be done by
the legislature at a time it prescribes its
duties.
It seems to me of paramount importance
that we uplift the commissioners, give
them the facilities they need, and the dig-
nity that is required to gain public respect
for the law. Incidentally, may I say with
regard to the U. S. . Commissioners, that
that is precisely what Senator Tidings of
this State is seeking to accomplish through
a new law he has introduced, approved by
the Senate, that would permit the assign-
ment of additional duties. I have grave
doubt that the legislature would frustrate
the four tier court by being allowed to say
what the commissioners can do.
I, therefore, hope that this amendment
will be approved.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to the amend-
ment?
(There was no response.)
Are you ready for the question?
Delegate Dukes.
DELEGATE DUKES: Will Delegate
Hardwicke yield for a question?
THE CHAIRMAN: Delegate Hard-
wicke, do you yield to a question?
DELEGATE HARDWICKE: Yes, Mr.
Chairman.
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: Delegate Hard-
wicke, as I read the provision as now
amended, it would appear that the matter,
"and then only as prescribed by rule," re-
fers not only to the specified magistrates
but also those prescribed by law.
DELEGATE HARDWICKE: Yes.
DELEGATE DUKES: The legislature
could set forth new duty, but it would still
be prescribed by rule as to how it would
be exercised?
DELEGATE HARDWICKE: That is
very definitely my intention. In other words,
even though the legislature should add an
|
