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time for me to call up C-5 as a substitute
for Amendment No. 24?
THE CHAIRMAN: What was the num-
ber?
DELEGATE CHABOT: C-5— CF, I am
sorry.
DELEGATE CLAGETT: Mr. Chairman.
THE CHAIRMAN: The Chair believes
that the amendment CF may be offered as
a substitute. For what purpose does Dele-
gate Clagett rise?
DELEGATE CLAGETT: A point of per-
sonal privilege, Mr. Chairman.
THE CHAIRMAN: State the privilege.
DELEGATE CLAGETT: Present in the
chamber and over the rostrum is the charm-
ing wife of the champion on the floor of
the Judicial Committee, Mrs. F. DeSales
Mudd. I would like to welcome her to the
Convention.
THE CHAIRMAN: We are delighted to
have her.
(Applause.)
THE CHAIRMAN: The Chair believes
the amendment may be offered as a substi-
tute. Will the pages please distribute
amendment No. 25. It will be offered as a
substitute for Amendment No. 24. The
Clerk will read the amendment.
READING CLERK: Amendment No. 25
to Committee Recommendation JB-1 by
Delegate Chabot: On page 4 section 5.14
Nomination and Appointment in lines 38
through 42, inclusive, strike out the sen-
tence beginning with the words "The gov-
ernor" in line 38 down to and including
the word "commission", in line 42 and in-
sert in lieu thereof the following: "The
governor shall fill a vacancy on the Court
of Appeals on the Intermediate Appellate
Court by appointing one person from a list
of no fewer than three nor more than five
eligible persons nominated by the Appellate
Courts Nominating Commission. The gov-
ernor shall fill a vacancy on the superior
court or on the district court by appointing
one person from a list of no fewer than
two nor more than five eligible persons
nominated by the Trial Courts Nominating
Commission authorized to make nomina-
tions for that vacancy."
THE CHAIRMAN: Before submitting
the amendment the Chair would inquire of
Delegate Adkins whether he desires to
stand on his amendment or would accept
the substitute.
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DELEGATE ADKINS: I would not ac-
cept the substitute if the Chair please.
THE CHAIRMAN: Is the proposed sub-
stitute Amendment No. 25 seconded?
DELEGATE CHILD: I second it.
THE CHAIRMAN: Delegate Child sec-
onds. The Chair recognizes Delegate Chabot
to speak to Amendment No. 25 offered as
a substitute for Amendment No. 24.
DELEGATE CHABOT: I apologize for
the apparent length of the amendment. It
takes out one sentence, puts in two in its
place, and its purpose simply is to recog-
nize the objections that Delegate Adkins
made and limit the purpose of the original
decision of the Committee on the Judicial
Branch. That is, it recognizes the problem
of small counties, such as Garrett, in find-
ing adequate numbers of people at some
times at least for inclusion on the nomi-
nating list, and so requires that in the case
of the trial courts, both of the levels of the
trial courts, the minimum number of people
on the list be two.
I would hope that in those areas where
there are large numbers of attorneys the
nominating commission would take cog-
nizance of the fact and would include in
their lists an adequate number of people,
and not have the minimum number neces-
sary.
However, the problem of those small
counties does not apply when we come to
those courts that will operate on a state-
wide level, and on which circuits and not
individual counties will be represented, and
so this amendment would provide in those
cases where we come to the appellate courts
the minimum number of people on a list
will be created.
It also clears up one small theoretical
problem that might exist in the wording of
5.14, as expressly before you, in that it
makes clear that the nomination may be
made only from a list, prepared by the
nominating commission which is authorized
to make a list for that particular vacancy.
This is perhaps only a theoretical matter
and the substance of the amendment is
simply to take care of the two and three
problem.
THE CHAIRMAN: The Chair recognizes
Delegate Mudd. For what purpose does
Delegate Sherbow rise?
DELEGATE SHERBOW: I would like to
address a question to Delegate Chabot
which may aid the debate.
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