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an act of the Legislature already in existence.
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JUDGE CARTER: They can't do that. As I re-
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call, they said we are passing this law to implement the
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amendment in the event the amendment is passed in the
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November election, so that it will go into effect immed-
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iately and permit the present administration to select
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the personnel of the court, rather than to wait until
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the Legislature meets to implement the amendment. This
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court will be, assuming it will be appointed on the
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geographical discricts now created by the Legislature.
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THE CHAIRMAN: This again would be in line
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with Judge Oppenheimer 's suggestions.
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All right.
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MRS. STRAUS: Mr. Chairman, may I ask, if the
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Appellate Court were to sit ?n panels of three and there
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would be one dissenting opinion, would then not the person
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on trial be permitted to go before the Supreme Court of
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Appeals or would they not be permitted retrial, consider-
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ing the fact that there are five members of the Appellate
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Court?
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THE CHAIRMAN: I think again that whether or
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