17

1

would be a point against the selection system. And the

2

fact that in all these 25 years there has only been that

3

one instance does not mean that that non-competitive

4

election system is not effective to remove. It means

5

equally well that the selection system has worked well

6

and that those people have been happy with their judges

7

and that is actually the case.

8

MRS. BOTHE: Mr. Winter, I was interested in

9

your remarks that so many of these nominating commissions

10

are not constitutionally set up. Of course, we are con-

11

cerned with what belongs in the constitution, rather than

12

what tha selection methods might be otherwise, and I

13

wonder if you would comment on the necessity, if there

14

is one, of including a. constitutional proceedings for

15

the nominating commission or whether it might be done

16

by legislation or by an advisory committee to the

17

governor at his election.

18

MR. WINTERS: Well, any governor who wants

19

to get advice with respect to his appointments is cer-

20

tainly free to do it. And all governors do get advice

21

from one source or another. Usually they get it from