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Delegate Malkus, Delegate Clagett has
moved to reconsider the vote by which
Amendment No. 18 was adopted. His mo-
tion has been seconded. The Chair now
recognizes him to speak to the motion to
reconsider.
Delegate Clagett.
DELEGATE CLAGETT: Mr. Chairman, %
in section 5.10 titled Composition of Dis-
trict Court lines 29 and 30 show that the
district court shall be composed of the
number of judges prescribed by law.
That means in the most simple language
that the General Assembly determines
where and when a district court shall be
needed, and the number of judges to man
it adequately.
It further goes on to provide that the
State shall be divided by law into districts,
and there again, the responsibility rests
with the General Assemby to accomplish
that division of the State into the districts
that are needed.
We have there the degree of public
policy to be determined by the body that
should determine that public policy.
I feel that by our vote, 69 to 60 in favor
of Delegate Malkus's amendment, we have
attempted to substitute our judgment for
the judgment of the General Assembly and
without adequate consideration of all of
the factual matter that would be available
to it and which has not been available and
digested by this body.
In particular we have failed to take into
consideration the very lengthy investiga-
tion and excellent report that was made by
the Maryland State Bar Association,
through its committee headed up by Dele-
gate Case, when this very matter was con-
sidered and was reported on by that Com-
mittee, and considered by the bar itself at
its annual convention in Atlantic City, and
the report of that committee adopted unani-
mously by some 400 or more lawyers there
assembled.
It points up that sometimes we take ac-
tion in support of a person or a personality
whom we admire and enjoy and where we
feel that there is going to be no damage
done by casting the vote in that direction
and for those reasons.
However, here we see pointed up —
THE CHAIRMAN: You have one-half
minute, Delegate Clagett.
DELEGATE CLAGETT: I point out,
leaving that thought because it needs no
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further amplification, if we let this amend
ment stand, and if we impose a distric
judge in each county, along with a superio
court judge, we have in some of the cour
ties unnecessary judicial material each re
ceiving a salary of $30,000. It reflects upo
the quality of the judiciary, it reflects upo
the stature and standing of the individua
We do not need it. The General Assembl
can adequately provide for it when th
time comes.
I ask you to carefully reconsider you
vote and leave this matter with the Ger
eral Assembly as recommended by the ma
jority view of the Committee.
THE CHAIRMAN: The Chair recognize
Delegate Malkus.
DELEGATE MALKUS: Will the gentle
man yield?
THE CHAIRMAN: His time has e>
pired, Delegate Malkus.
DELEGATE MALKUS: You are genei
ous, Mr. President. You have given him
little time.
THE CHAIRMAN: In the absence o
objection and if Delegate Clagett yields th
Chairman will permit the question.
DELEGATE CLAGETT: I yield, thoug
one never knows what is coming.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: The gentlema
from Prince George's County does compl*
ment me well. Did you also agree that th
General Assembly of Maryland decide ho1
the judges are to be selected?
THE CHAIRMAN: Delegate Clagett?
DELEGATE CLAGETT: No, sir.
THE CHAIRMAN: Delegate Malkus, d
you have a further question?
DELEGATE CLAGETT: And for whE
reason not?
THE CHAIRMAN: Delegate Clagett?
DELEGATE CLAGETT: I would r<
serve that for a time when I have moi
time.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: I am sure, .M
President, that you will give your collea'gu
and close associate all the time that h
needs, and I would like to have him expres
himself now.
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