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from sitting on the Supremo Court or a judge of the
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Supreme Court from trying a case as Judge Hammond used
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to do frequently?
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JUDGE CARTER: I don't think it would be good
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to restrict appellate judges to appellate work end trial
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judges to trial work. I think there is a danger in what
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Gil Prendergast said: If you have this thing in a whole-
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sale permissive shift around that you may get an impres-
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sion that you are certainly not elevating Circuit Courts.
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JUDGE PROCTOR: Is this done in other juris-
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dictions which have the unified court system, New Jersey?
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THE CHAIRMAN: I think so.
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JUDGE PROCTOR: New Jersey, Illinois and
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others?
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THE CHAIRMAN: I don't know in all of those
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particular ones that you mentioned, but I think it is
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true that it is done in the four-tier court States. Isn't
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that right?
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MR. MARTINEAU: I believe so.
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MR. SYKES: Are there any instances of where
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it has been used to forestall a dissent in the Supreme
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