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
    arrow-up
    2
    arrow-down
    1
    ·
    edit-2
    1 year 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.

      • FlowVoid@midwest.social
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        1 year 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.

        • roguetrick@kbin.socialOP
          link
          fedilink
          arrow-up
          1
          ·
          1 year 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
            arrow-up
            1
            arrow-down
            1
            ·
            edit-2
            1 year 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]@feddit.nl
        link
        fedilink
        arrow-up
        1
        arrow-down
        2
        ·
        1 year 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.