That understanding is correct. As long as the person to whom authority is delegated would herself be eligible to serve on the entity, there is no reason to centralize all functions in one office. Nor is there any limit or requirement as to how many people can serve on the capital counsel entity. I know that in some of our discussions earlier this week, Senator Kyl posed the example of a State that creates a panel of three judges--trial judges, appellate judges, or some combination thereof--and has that panel carry out the functions of the entity. With the modification to the bill made today, this would be permissible. The State could use 5 judges, or 12, or even 1, though I can't imagine that the latter would be practical, except in the case where authority is delegated in local areas.
Orrin Hatch: “That understanding is correct. As long as the person to whom authority is delegated would herself be eligible to serve…”
Editor's note · Context
Discussing the delegation of authority within a capital counsel entity during legislative debate.
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