|
1
|
provide that it be composed of not less than five. Again,
|
|
2
|
the Legislature could increase the number, and if the
|
|
3
|
situation dictated it, the Legislature could provide
|
|
4
|
for -- not the Legislature, but the rule of court could
|
|
5
|
provide that they sit in panels of not less than three
|
|
6
|
judges, and here the thought was that in the future, it
|
|
7
|
may be desirable to have panels of three judges sit,
|
|
B
|
not necessarily all in one place. Here again, it is a
|
|
9
|
very flexible setup.
|
|
10
|
JUDGE WARNKEN: Who makes the rule, the last
|
|
11
|
word in that sentence?
|
|
12
|
THE CHAIRMAN: The Supreme Court of Appeals.
|
|
13
|
MR. ENEY: It is covered by a later section.
|
|
14
|
JUDGE WARNKEN: I know the Supreme Court of
|
|
15
|
Appeals is given power to make rules, but I just didn't
|
|
16
|
understand that in this particular section it was intended
|
|
17
|
to apply to that very broad provision.
|
|
18
|
MR. ENEY: Judge Carter, do you think that
|
|
19
|
geographic representation on the Appellate Court is as
|
|
20
|
vital in the case of the Appellate Court as you do in the
|
|
21
|
case of the Supreme Court?
|
