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.

  • @FlowVoid@midwest.social
    link
    fedilink
    English
    110 months ago

    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@yiffit.net
      link
      fedilink
      10
      edit-2
      10 months ago

      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@midwest.social
        link
        fedilink
        English
        1
        edit-2
        10 months ago

        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.

        • roguetrickOP
          link
          fedilink
          310 months ago

          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@midwest.social
            link
            fedilink
            English
            110 months ago

            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.

            • roguetrickOP
              link
              fedilink
              110 months ago

              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@midwest.social
                link
                fedilink
                English
                0
                edit-2
                10 months ago

                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 [she/her]
            link
            fedilink
            -110 months ago

            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.

            • roguetrickOP
              link
              fedilink
              010 months ago

              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.

      • 【J】【u】【s】【t】【Z】
        link
        fedilink
        0
        edit-2
        10 months ago

        What state and federal laws? Not trolling, genuinely have been searching and asking for an explanation. The probable cause seems clear from having read the warrant. I think the paper owner even admitted it’s employee broke the records law.

    • @bobman@unilem.org
      link
      fedilink
      910 months ago

      same reason they aren’t executed immediately.

      They… are executed immediately.

      See all the police killings of innocent people?

      The judicial system allows those with wealth to game it so they don’t have to play by the same rules as everyone else. Remember the affluenza kid who killed for people while driving recklessly? What about the other rich white male who literally raped a girl and got off because ‘it could damage his future.’

      Meanwhile, poor black folk get executed for no-knock search warrants when the cops go to the wrong place.

      Police know to be more lenient with people that have status (wealth.) That’s why we just got a recording with a pig laughing about a cop running over a pedestrian because she ‘was of low value.’

      If you don’t notice how the justice system doesn’t serve you, you’re not paying attention.