This is the proposed charge for the Judiciary Committee.https://scholarworks.umt.edu/montanaconstitution/1279/thumbnail.jp

Holland, David L.

English

University of Montana

University of Montana ScholarWorks at University of Montana The Montana Constitution Collection 12-1971 Proposed schedule of Judicial Committee David L. Holland Follow this and additional works at: https://scholarworks.umt.edu/montanaconstitution Let us know how access to this document benefits you. Recommended Citation Holland, David L., "Proposed schedule of Judicial Committee" (1971). The Montana Constitution Collection. 254. https://scholarworks.umt.edu/montanaconstitution/254 This Committee Minutes and Testimony is brought to you for free and open access by ScholarWorks at University of Montana. It has been accepted for inclusion in The Montana Constitution Collection by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact scholarworks@mso.umt.edu. TO: MEMBERS OF THE JUDICIAL COMMITTEERe: Proposed schedule of Judicial CommitteeThe proposed schedule of the Judiciary Committee which will be submitted to toe Committee for its consideration:1. A review of tne present constitutional provisions nowas signed by the President, to-wit: Article XIII and Article XIX, Section 4 Section 5 of tne present Constitution. It will Le proposed that designated portions of the Constitution be fully read and discussed by tne Committee prior to entering into any hearings for proposed changes.2. The proponents of the so-called Montana Plan are expected to present a complete Judicial Article. Individuils and members of groups supporting the Plan nave indicated that they will be pre­pared at an early nearing to present testimony in support of tne Montana Plan. The following are sucn individuals or members of sucn groups: Robert Sullivan, Dean of School of Law; Professor David R. Mason, retired Professor of School of Law; Mr. George Scnotte, Chairman Citizens Conference Montana Judicial System; William H. Bellingham, President of the Monta ia Bar Association; and Mr. Glen Winters, Director American Judicature Society.It is to be noted Lnat not all of tne foregoing nave indicated tne> approve of the Montana Plan but it is believed all tne fore­going witnesses have studied tne Plan and are prepared to offer testimony to tne Committee either in support of, or modification of u.ie Montana Plan. Tne reason that these individuals have be a contacted at this time is because it has come to the attention of tne members of tne Committee that considerable work, nad been done on Lne Monta.i« Plan by individuals or groups that they represent.Page 1Tne foregoing witnesses including Loose wno are proponent s of toe M, mana Plan wnicn is a complete Judicial Article and wnicn contains, among ocher tilings, features regarding Court Administration, appointment of Judges, and appointment of Court officers. Il is expected Coat Lne later hearings would thereupon consider in its entirety all problems of:A. Supreme Court, including:(1) The powers of Lne Supreme Court.(2) Tne meCnod of selecting Supreme Court Judges.(3) Tenure and number of Supreme Court Justices.(4) Qualifications of Supreme Court Judges.b. District Court:(1) Selection of District Court Judges.(2) Powers of the District Court.(3) Tenure of District Court Judges.(4) Qualifications of District Court Judges.C. Justice Court:(1) Designation of Justice Court, or in tne alternative, Sv.;.e utoer l/pe of inferior Court. •(2) Unetuer sucn inferior Court s .» > Id be Constitutionalin character.(3) If Constitutional in character, tne qualifications of Lne Judges and power of tne said Court.D. Court Administration:(1) Wnetner tnere snould he an integrated administration of all Montana Courts, in w.iat body or person snould sucn adminis­tration be vested.(2) 1’ne met nod of execution or appointment of said bod • iftnere be a c< i ral administration of all Montana Courts.Page 2E. Court officials:(1) Whether Lne Court officers should be constitutionalin character. If so, whether the> snould be appointed or elective.(2) Tne duties and tenure of said officials.F. Sucn additional problems as may come before the Committee.Respectfully submitted,Chairman Judicial CommitteePa6e 3

Proposed schedule of Judicial Committee

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Proposed schedule of Judicial Committee

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