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'66 and the constitutional amendment only provides that
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the Legislature is permitted to create an intermediate
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Court of Appeals, That is all it says. Then it is in
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the bills that it creates the court and provides for
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the districting, number of judges and everything else.
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JUDGE CARTER: Where does that leave you if
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the authorizing bill separates the districts and the
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amendment doesn't do so?
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MR. MARTINEAU: The Legislature can change it
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at any time they want.
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JUDGE CARTER: I don't believe that was the
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understanding.
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JUDGE CLAPP: That, in effect, is what Judge
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Oppenheimer suggested here, doing it another way. The
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legislative enactment provides th.it it shall go into
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effect at any time provided the constitutional amendment
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is passed, so you do have a simultaneous districting.
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Without that, you have to apply to the Legislature at a
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subsequent date.
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MR. MARTINEAU: They can't do that.
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JUDGE CLAPP: It makes a difference, changing
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