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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1121   View pdf image (33K)
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255

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is, if there is going to be a uniform system, then the

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jurisdiction ought to be uniform.

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MR. MARTINEAU: Judge, the State Bar did

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recommend a statewide exclusive jurisdiction, but also

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recommended, as we do here, a variable concurrent juris-

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diction, depending upon circumstances.

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JUDGE FAIRBANKS: That applies to civil only,

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if I am not mistaken. I don't see how. The only other

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concurrent jurisdiction you have is as Mr. Eney suggested

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a moment ago, a man may demand a jury trial, and there-

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fore go to Circuit Court in either a traffic or criminal

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case. Certainly, you are not going to imply he can do

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that in one county and not another. Therefore, that

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jurisdiction will be uniform. All you are talking about

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is civil jurisdiction, in effect. This is the only place

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where you have an opportunity to have it ununiform.

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There I don't sec- the need for it. I don't think it

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should be, since you are revising the system in its en-

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tirely, why you shouldn't have it uniform throughout the

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State. That is one of the things most needed in my humble

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opinion in the whole change of judicial structure, is the



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1121   View pdf image (33K)
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