21

1

MR. WINTERS: I think that would raise a

2

question of constitutional law. You have the present

3

system and if the system provides that the governor

4

shall make an appointment to fill a vacancy and if he

5

has that power by constitution, why, I do not think the

6

legislative can dip into it without constitutional

7

authority, wouldn't you say?

8

MR. MARTINEAU: Well, my own view, and I

9

think what you are saying is, any commission created by

10

statute could be only advisory, could not submit binding

11

recommendations?

12

MR. WINTERS: That is it, yes.

lo

MR. MARTINEAU: One question I wanted to ask

14

you, in reviewing the states, isn't it correct that

15

California has the non-competitive election for the

16

appellate court judges?

17

MR. WINTERS: Yes.

18

MRS. BOTHE: Do all of these states have the

19

nominating commission use them from the top courts down

20

to the courts of limited jurisdiction, or do they reject

21

them sometime at the appellate levels?