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Judge who signed off on raid of Kansas newspaper is facing a complaint about the decision

Judge who signed off on raid of Kansas newspaper is facing a complaint about the decision | CNN

https://www.cnn.com/2023/09/08/us/marion-county-record-newspaper-judge-conduct-complaint/index.html

The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

Judge who signed off on raid of Kansas newspaper is facing a complaint about the decision | CNN

76 comments

SquishyPandaDev

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She should have been removed immediately. Perfect example of everything wrong with the American justice system

theodewere

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in the good ol' days it would have been by an angry mob with pitchforks and hot tar.. for authorizing the murder of an old woman by the cops..

sadreality

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We are civilized now boy... Fuck ur rights

reverendsteveii

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Don't get violent now. Violence never solved anything.

---the most violent people you know

theodewere

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didn't get your meds today i guess

sadreality

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Weak reading skillz

bobman

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The social contract is unraveling.

We'll get back to those days soon enough.

Ubermeisters

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No it wouldn't, quit your bullshit

Cethin

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People in the past have stood up to the cops for much less. They would stand up to them evicting people from their houses and all kinds of stuff. Now they literally get away with murder with almost nothing being done to them.

FlowVoid

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The justice system generally allows everyone a chance to defend themselves. People aren't removed immediately for the same reason they aren't executed immediately.

SquishyPandaDev

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I'm talking about firing. Not imprisonment. And yes, if you fuck up big time, it's completely fine to be fired on the spot. She issued a search warrant for a journalist, in complete violation of State and Federal law.

FlowVoid

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Her contract almost certainly requires due process before she is terminated under these circumstances.

And while not all workers in the US get that protection, it would be better if they did.

surewhynotlem

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Kansas is an at will state. They can fire her because Tuesday is a day of the week.

FlowVoid

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At will is simply the default, so it only applies to workers without an employment contract.

She is a government official, and most certainly has a contract that specifies termination procedures.

Keep in mind that at will cuts both ways, it allows workers to quit at any time without notice. The government really, really doesn't want judges to peace out in the middle of a trial. So the contract provides penalties for both sides if termination procedures aren't followed.

roguetrick

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I'm sorry but this is really funny. Her "contract" is the state constitution.

Other judges shall be subject to retirement for incapacity, and to discipline, suspension and removal for cause by the supreme court after appropriate hearing.

https://kslib.info/829/Article-3-Judicial

FlowVoid

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Whatever her contract specifies has to be consistent with the constitution, but her contract covers a lot more than that. It's not like she can look through the constitution to find her PTO policy.

roguetrick

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Elected offical's compensation packages are codified, not contracted. This is a really bizarre rabbit hole you've went down.

§ 13: Compensation of justices and judges; certain limitation. The justices of the supreme court and judges of the district courts shall receive for their services such compensation as may be provided by law, which shall not be diminished during their terms of office, unless by general law applicable to all salaried officers of the state. Such justices or judges shall receive no fees or perquisites nor hold any other office of profit or trust under the authority of the state, or the United States except as may be provided by law, or practice law during their continuance in office.

FlowVoid

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The constitution and state law must be in keeping with any employment contract. That doesn't mean there is no employment contract.

Without an employment contract, there is no penalty if an employee suddenly decides to quit. If you are at will (no contract), giving notice to your employer is merely a courtesy.

The government does not want judges to suddenly quit in the middle of a trial, for the same reason that hospitals don't want doctors to quit in the middle of a patient appointment. Those kinds of employees need contracts.

Among other things, the contract specifies termination procedures. This may include a requirement to give notice and also limit the opportunity for summary firing.

An example of an employment contract for a judge can be found here.

LegionEris

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after appropriate hearing.

It may not be a contract persay, but it does seem to support the idea that some amount of due process is required. I'd agree that there should be some option to more rapidly suspend a judge, but the constitution you quote says she gets a hearing before dismissal.

roguetrick

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I wasn't really arguing that they couldn't dismiss them, just that the dismissal of an elected official being mediated by employment law is... an interesting approach.

FlowVoid

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This judge is not an elected official.