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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1132   View pdf image (33K)
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265

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Now, they do, I believe, exercise a portion of

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the judicial power of the State of Maryland. They

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have the power to commit a man. They have the power to

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set boil. These are judicial functions. They should

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be under the control of the Judiciary. Right now, we

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can't tell the justice of the peace in Montgomery County

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what to do. In other words, we can't get cny uniformity.

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We can't get any real control of them. We can suggest.

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They try, as best they can, to follow our suggestions,

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but 1 make this as a point.

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As far as the preliminary hearings are con-

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cerned, Judge Rasin, I would not ever suggest that the

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Committee magistrate ought to hold the preliminary hear-

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ing. This is a function of the trial magistrate, so to

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speak, or the People's Court. I would strongly oppose

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any suggestion that the Committee magistrates who would

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have the right to hold preliminary hearings in felony

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cases .

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THE CHAIRMAN: Judge, you will notice that we

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have provided here, that the Commissioners or Committee

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magistrates be appointed by the senior resident judge of



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1132   View pdf image (33K)
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