MARVIN MANDEL, Governor                                 37

(4) OTHER OFFICER - REASONABLE

COMPENSATION AS SET BY THE COURT.

(C) TAXED AS COSTS.

A SPECIAL OFFICER'S FEE MAY BE TAXED AS COSTS OR
PAID BY THE COUNTY.

REVISOR'S NOTE: This section is new language, and
allows a court to appoint temporary
officers when necessary for the conduct of
a specific proceeding. Although several
frequent appointments are listed, a blanket
provision is included rather than
attempting to list all possible
appointments to avoid an "inclusio unius
est exclusio alterius" construction.

This section is based on Art. IV, §9 of the
Constitution which grants judges broad
authority to appoint personnel and on a
number of statutes and rules which provide
for such appointments. See Art. 16, §§ 7-9
- Auditors; §107 - Trustees; Art. 26, §§ 11
and 12 — Assistant Counsel for the State;
Art. 21, §14-111, Art. 26, §§ 13-15 and
Rule BG76 - Surveyors; Art. 26, §69 -
Masters in Juvenile Causes, Rule 580 —
Examiner; 595 — Auditor; 117 — Elisor;
205(e), 596 - Master; 719, V71 (e) , V79 (d) -
Counsel. It should be noted that Art. 27A,
§6(f) allows a court to appoint counsel for
a criminal defendant where the public
defender is in conflict of interest or
where there is no public defender
available.

Art. 16, §§ 7-9, Art- 26, §§ 11-15, and
Art. 36, §27 are proposed for repeal.
There is no intention to affect the
viability of other provisions.

Art. 5, §§ 15 and 15A allow appointment of
counsel in a criminal appeal.

Art. IV, §9 is apparently declarative of
the Common Law. See Robinson v. Townshend
3G & J 413 (1831), 3 Steph. Comm. 29, 33,
417, and 597, 1B1 Comm. 345, Phelps -
Juridical Equity & 13, 14 CJS §§ 2 and 84
relating to appointment of various