|
eligible for any superior court judgeship
except that the lawyer who is appointed
must be a resident at the time of his ap-
pointment.
DELEGATE MUDD: Of the political
subdivision in which the vacancy occurs.
DELEGATE WILLONER: Is there an-
other question in section 5.16. In the tele-
phone conversations you had with people
in Missouri, it seemed a rather appealing
idea that the terms of the members of the
commission overlapped so that if a com-
mission member resigned or died, one of
the others could be appointed for another
full term.
Do you contemplate that the terms of
the members of the appellate nominating
commission would be handled in the same
manner so they would not all be appointed
at the same time and if anybody resigned,
they would only serve out the balance of
the term?
DELEGATE MUDD: That was the feel-
ing in our Committee although, of course,
these commissions must be inaugurated
initially for the same terms.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: In 5.16 why
did you feel it was not necessary to state
the term of the commission member and
leave it to the legislature? Why did you
use the distinction between the two pro-
cedures?
DELEGATE MUDD: Well, because we
are dealing there with nominations to fill
vacancies in districts to be set up by the
legislature. It just seemed a more orderly
procedure in setting up districts that num-
ber and composition of the commissions
and the term should be as prescribed by
the legislature.
DELEGATE WILLONER: Thank you.
THE CHAIRMAN: Are there any other
questions? Delegate Beall.
DELEGATE BEALL: Mr. Chairman, in
section 5.13, as I understand it, it says
that the Committee must appoint and nomi-
nate two but not more than five members
as candidates for a vacancy, is that correct?
DELEGATE MUDD: Correct.
DELEGATE BEALL: Suppose the gov-
ernor does not want to appoint any one of
those five? What recourse does he have?
DELEGATE MUDD: None.
|
DELEGATE BEALL: None. Do you
know whether in recent years in Maryland
if there are now sitting on the bench any
lawyers whom the Bar Association did not
recommend?
DELEGATE MUDD: You say did that
happen?
DELEGATE BEALL: Has it happened
in your memory?
DELEGATE MUDD: The testimony be-
fore our Committee was to the contrary
that only in one instance had a judge been
appointed who was not on a current list
and in that instance the appointee had been
on a list previously submitted for another
vacancy.
THE CHAIRMAN: Delegate Beall.
DELEGATE BEALL: Then he was on
some list?
DELEGATE MUDD: Yes.
DELEGATE BEALL: Is there only one,
I ask this as a layman because I do not
know, is there only one group or are there
several groups of lawyers who are in organ-
izations?
DELEGATE MUDD: Yes.
DELEGATE BEALL: Would there be
only one group to submit this name?
DELEGATE MUDD: Under our pro-
posal there would be only one nominating
commission.
DELEGATE BEALL: How are they
named?
DELEGATE MUDD: It is all detailed
here.
DELEGATE BEALL: The president of
the Maryland Bar Association names a
nominating committee?
DELEGATE MUDD: No.
DELEGATE BEALL: Who does?
DELEGATE MUDD: The governor ap-
points two of them and two are elected
from lawyers of the state.
DELEGATE BEALL: From all the law-
yers or just from the organization?
DELEGATE MUDD: All the lawyers.
DELEGATE BEALL: All five thousand
some odd?
DELEGATE MUDD: Yes.
|
