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DELEGATE MITCHELL: If you en-
visioned more than one, how many?
DELEGATE MUDD: Without knowing
how many judges and how many districts
were going to be created by the legislature,
we did not project our thinking to that
phase of the matter and left it to the wis-
dom of the legislature. They may divide
the State into divisions as they see fit,
larger in some areas, smaller in others. It
is just a detail we did not feel we should
deal with.
THE CHAIRMAN: Delegate Mudd, if
the Chair may restate the question posed
by Delegate Mitchell, I think she is asking
something like this. Under the plan, it is
contemplated that the legislature will cre-
ate districts for the district court. She un-
derstands that the legislature will provide
the number of nominating commissions. She
asks whether our Committee contemplated
that in fulfilling these duties, the legisla-
ture would necessarily provide a trial court
nominating commission for every district
it provided.
DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: Will that ac-
company your report? It seems to me with-
out that as a part of the report, we might
wind up with just one trial court nomi-
nating commission as we have just one ap-
pellate court nominating commission, which
would be unfair to the various districts.
DELEGATE MUDD: I agree it would
seem unfair to me and it just never oc-
curred within the discussion in our Com-
mittee that such a situation would result
as you think possible.
THE CHAIRMAN: Delegate Mitchell,
the Chair suggests that part of your pur-
pose may be accomplished by reason of the
fact that the language used is in the plural,
it refers to commissions, not commission.
Delegate Sollins.
DELEGATE SOLLINS: Delegate Mudd,
with regard to section 5.13, what was the
Committee rationale with regard to pro-
hibiting a man who has his office and prac-
tice in one county but resides in another
from being eligible to be a candidate for
judge?
DELEGATE MUDD: You mean why did
we eliminate qualifications of practicing
law in the area as making him eligible for
appointment?
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DELEGATE SOLLINS: If he resides
in the other county.
DELEGATE MUDD: My recollection of
the view of the Committee was that the
judge sitting in an area should reflect the
culture perhaps of the area for which h<?
was administering justice and that the limi-
tation of residence was more realistic and
practical than the possible double eligibility
rule of residence or principal office.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: What consid-
eration did the Committee give to a lawyer
perhaps who practiced in one county for
many years, having great knowledge of the
area, all his clients coming from that par-
ticular county, yet, nevertheless, residing in
another county?
DELEGATE MUDD: We recognized and
it was pointed out to us rather persuasively
that under those circumstances you indi-
cated the bench in some instances could be
deprived of talent of a very capable law-
yer. But, nevertheless residence was a more
practical requirement.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Delegate Mudd,
another question in regard to section 5.17.
Did the Committee give any consideration
to providing for election of lawyers to the
nominating commission by secret ballot.
DELEGATE MUDD: No, I do not recall
that the matter of secret ballot was ever
suggested in connection with the election of
the lawyers for the nominating commission.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Do you know
what the practice is in other states that
have this method?
DELEGATE MUDD: No, I do not recall
any information our Committee obtained
which would suggest that there was any
secret ballot used in this matter.
THE CHAIRMAN: Delegate Sollins, the
Chair is not sure he understood either your
question or the answer and is interested in
only having the record straight. Would you
restate it? Did the Committee consider —
DELEGATE SOLLINS: My question
was with regard to section 5.17, the lawyer
members of the nominating commission. I
wanted to know what consideration the
Committee gave to having the lawyer mem-
bers elected by secret ballot.
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