Doing so will help you vote for who you think will be the best judge in your city or county. And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. F^J$L0;uv^F-2 zjqh WebOnly six states, including Texas, elect justices in a partisan race. In addition, elected judges do not appear less independent than appointed judges. Your California Privacy Rights / Privacy Policy. "Then when you voted for a judge you knew who you were voting for and what you were getting." The record is mixed. BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. "How many voters are smart enough to interpret legal decisions and judge the judges?" If a primary election is held, it is not to narrow the candidates to one from each party. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) by Ross Ramsey "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. St. Marys School of Law Professor I also share my vegetarian recipes at www.thebusyvegetarian.com. "Long" as in decades. Dream on. WebAppointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. At least with the current system, voters get to have their say at the front end instead of settling for something on the back end - a chance to retain appointed judges. In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. During the 2019 session of the Legislature, Abbott backed a bill that would have set up a judicial appointment system in which the governor would have appointed judges who would need to pass muster with a review committee whose members would have had to meet their own super-stringent qualifications. The general education competencies that i believe applied throughout my essay would be critical thinking and communication. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Notify me of follow-up comments by email. Both parties present a field candidate and the The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. When Judge Marion runs, she knows it's difficult for voters to learn about her. Seven states choose their judges in partisan elections at every level. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact 2. appointments are great but usually only represent the agenda of the one doing the Copyright 2020 KUT 90.5. She'd ask lawyer friends who they'd recommend and why. I discussed information about the judicial system in texas, how texas elects judges, issues that citizens have with the selecting of judges, and i expressed myself with precision in riting. Supporters of tort reform believe that huge jury awards are not only excessive to the injury sustained by the plaintiff but also a void on the states economy and is damaging to certain professions. When Judge Marion runs, she knows it's difficult for voters to learn about her. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. Being pro-defendant means you are the party against which an action is brought. WebTexas' Judicial Selection Process. 1. Thanks for sharing the details. 5 0 obj We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! Being pro-plaintiff means that you are the party that initiates a suit in a court. Texas should keep the election, lose the partisan labels. WebI AM AN ELECTED JUDGE. Judges arent supposed to pre-judge cases; theyre supposed to hear the facts, read the law and rule accordingly, and without infusing their personal ideas and biases. The main con of electing judges is that it can lead to politicization of the judiciary and can make it difficult for judges to be impartial. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. Web3. Others argue elections provide a way for the people to hold judges accountable and that the key to keeping courts fair and impartial is by educating the public.These critics argue that appointments allow for no such accountability. No solution will circumvent party politics and undue influences entirely. Many say that the law is non-partisan and judges should be too. Greg Abbott, a former judge who moved over to the executive branch years ago, and is trying to find an alternative to the partisan elections Texas employs to pick its jurists. --------------------------------------------------------. It is safe to say that election fraud can be stopped by voter fraud more than most things. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. Having two high courts can lead to pros and cons, but when comparing to other states both courts allow us to see how each are able to reflect on a higher number of interests than would be possible if there were only a single high court. "Once you get elected, you really have to take that political hat off. In the case of state court judges, for example, elected judges are far more variable in their sentencing than appointed judges, according to a new study. Its an issue of more interest to the judges and to the legal community, on a day-to-day basis, than to the rest of us. What you need to know, Beaumont United holds off West Brook in 6A regional, Southeast Texas team takes top prize at 2023 Houston rodeo cookoff, Rare endangered animal seen running across Texas road, It's almost bluebonnet season. And putting judges on the ballot is popular with voters, even though some judges think its unseemly to join political parties, to raise money from people who might have interests before the courts or from lawyers who practice before those judges, and to stump for votes and support like other politicians. WebWeighing the Cons. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. FEEDBACK: What is your view: Appoint judges or elect them? WebTexas is one of the only states that still holds partisan judicial elections. Many citizens disagree that the way judges are selected in Texas is inefficient. Though this system might seem like an efficient way to fill the bench with capable judges, it is actually counter-productive in a state like Texas. She has done commercials and mailings, but says that only gives voters information Copyright 2012 - 2022 A Nation of Moms | All Rights Reserved, judges are more likely to rule in accordance with the popular opinion, Applications of Different Types of Probability Distribution, A Guide To Poverty And Politics In The US, 6 Health Benefits of Drinking Single Malt Scotch Whiskey, Does Your Roof Need To Be Replaced? Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Meanwhile, an appointed state panel is talking about judicial selection again this happens from time to time in Texas trying to find a better way. The voters in this case have more information about the candidates, but the partisan nature of the exercise is obvious to anyone who has followed a U.S. Supreme Court appointment and confirmation. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. We love traveling and the great outdoors, and are always looking for our next adventure! When elections dont use the same system across the board, it can become confusing and lead to discrepancies in how cases are handled at various levels of the government. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. However, re-election concerns may have the drawback of reducing the quality of judges in an electoral system by discouraging qualified candidates who are doing well in the private sector from holding office. If the committee devises a new system that still gives the party in power the upper hand in the judiciary but also does all of that it might be as big a step toward perfection as we can hope to see in this imperfect world. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. Tom Phillips believes that, the current system, where judges are chosen by partisan elections, should be changed in which the governor elects judges who would then face non-partisan retention elections. Texas elects judges, relying on voters to sort through pages and pages of ballot undergrowth, figuring out which candidates are fit to put on the judicial robes. On average, judges will earn between $180,000 and $270,000 per year. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. The Texas prison systems have many pros and cons that can be easily observed. Appointments are a more efficient mechanism for selecting judges than elections. Learn how your comment data is processed. The state might take that If a Democrat is governor, what happens? Describe some of the current Depending on where you live, you might even be electing judges this year. The proposal was promising. Critics suggest that though States may be unable to fully eliminate politics from the judicial section process, appointment methods see less bias and are better able to mitigate political influences. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. We have a code of ethics and are limited by what we can and can't say. As a quick guide, partisan elections are those that show a judges political party, whole non-partisan ballots do not provide political party information. %PDF-1.4 Then, every four years or so, voters get a right to retain that judge at election time. Rather than focus on donations and endorsements from corporations to ensure Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they arent doing well at their jobs. Phone: 650-931-2505 | Fax: 650-931-2506 Judges are reelected to additional terms. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. I gained some knowledge here! There are any number of ways to pick good judges, bad judges and those not-quite-rare-enough WTF judges, and none of those selection methods is foolproof. Judicial Reform: A three-part series. September 16, 2012. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. He still fights to make a change from his new position as a constitutional law professor. It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Get Cornell news delivered right to your inbox. It has some support from Gov. "This system was set up before the Civil War," he says. Republicans often take a harsher view of criminals. Texas Supreme Court System Analysis Essay, Texas Vs. Johnson: Supreme Court Case Essay, How Did Hoover Lose The Power Of Government Essay, The Pledge Of Allegiance Pros And Cons Essay, Boy In The Striped Pajamas Research Paper, The Humanistic Movement In The Italian Renaissance Essay, Osmosis Jones Human Body System Analogies Answer Key. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. Pros of Being a Judge. Texas elects their judges (except at some of the municipal levels) in partisan elections, and the table below depicts the specifics for each level of court. Commission members overwhelmingly support increasing judicial qualifications and placing monetary limits on elections. Please join the effort by making a gift today. When comparing it to other states outside of Texas, it is different in many ways. 2023 University of Denver. Democrats are often more sensitive to social issues. She also urges voters not to be swayed by yard signs. Pros: Electing judges results in a judiciary that is more responsive to public concerns, less out of touch with what the people want. Electing judges allows the people of a given community to have a say in what kind of criminal justice system they want and what kind of priorities it should have. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. Usually, they know little or nothing about these "candidates." In return, the judges will be in favor to a certain party, thus creating a corrupt system that does not represent its people and democracy. But the effort has grown legs lately in no small part because Gov. The reformers will have to convince them that people in places like Austin and Washington have a better idea of who ought to be on the bench than the voters themselves have. You have to tout yourself. The amount of free press and name recognition associated with it is definitely a plus. WebSince the Judicial College is mostly focused on training those from the lower courts, this means that training for judges within the higher echelons of the judiciary such as the High Court (for example) is not compulsory. Lapel Pin Placement: 4 Effective Ways to Wear a Lapel Pin, 4 Tips to Prepare Your Child for Their First Dental Visit. Additionally, who are we most likely to raise money from? Perhaps that biggest problem with electing judges is that not all elections are the same. It ensures that they maintain high ethical standards and follow the constitution to the end for fear of being voted out if they do the contrary. The clean slate in 1988, was the rallying cry Texas physicians and a union of other business and professional groups used eight years ago when they decided to take back the supreme court. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. The Death Penalty allows families that have been suffering some closure. This is especially true during election years. "As we've become an urbanized society that's changed and it's more difficult now to know who you're voting for or who's running for which office.". Voters then have periodic chances to vote judges they dont like out of office. Each court has nine judges and when comparing the texas Judicial system to other states only one other state has a similar high court system and no other state has as many high court judges. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. Jan. 20, 202012 AM Central. Thanks for the information. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. Photos: Were you 'seen' at United-Brook basketball game? The 2020 election year is well underway, which means youve probably been considering where to cast your vote. Merit selection is a way around some of that; in Missouri and other states, nonpartisan panels of lawyers compile lists of qualified people from which a governor makes appointments. Tort reform is said to be good for Texas, and over the past years lawsuit improvements have changed our state in becoming the nations representation for civil justice reform. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Here are some of the pros and cons of electing judges. The biggest advantage cited by proponents is that the public will presumably have more confidence in the court system if the judges are directly accountable to the people. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. Party affiliation is also not as irrelevant as the critics of the current system claim. Question: 1. In theory, the concept of electing judges seems fair. Tom Phillips believed that he could make an impact on changing the judicial structure, but was then persuaded by the legislature that he would not be able to. "People see competition as good, but I look at the way incentives are determined so I can see when it is effective in a particular situation," explains political economist Claire Lim, assistant professor of economics and the Sheng-Larkin Sesquicentennial Faculty Fellow. PRO/CON: Should judges in Texas be appointed or elected? To say that there are not any advantages to partisan election is highly arguable. Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. Texas judges use partisan election where judges are elected by the people. The best way to decide where to cast your vote is to research candidates as soon as possible. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. The first problem goes to the availability of information. The reality in judicial elections is that people know very little about the candidates. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] Texas is the forefront of the tort reform movement in the United States. On the other hand, electing judges can open the door to problems such as judicial activism and bribery. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. "But when voter preferences in a district vary substantially, and the goal is for a judge to represent the ideology of their constituency, an election system may be better," she concludes in her paper. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences O&r Welcome to A Nation of Moms! Save my name, email, and website in this browser for the next time I comment. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. Representative Todd Hunter, the That recognition doesnt often travel far down the ballot, and judges are elected largely on the basis of political party and whether they have melodious names. Don't fret if you can't. Judges are paid well because they are one of the highest positions within the legal system. Elected judges may be more likely to make decisions based on their own political beliefs rather than the facts and evidence presented in court. Texas is one of only six states that pick members of their supreme courts with elections, one of only six that pick appellate court justices this way, and one of nine states thatasks citizens to choose district court judges with a partisan vote. One of the more controversial aspects of the Texas judicial system is. WebEach side has pros and cons. The answer, theoretically, should be neither. The system is not liked by everybody because of the way it selects our judges. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences and sentencing approaches of a candidate than is generally available to voters during a campaign. Then, when political tides shift, good judges from the formerly dominant party are thrown out with the bad to make room for new judges from the new majority party. The people get to WebElecting judges makes them accountable to the public. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ When In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. Your donation keeps our trusted reporting free and accessible for all Texans and during a legislative session when lawmakers are set to tackle issues from school choice for K-12 students to school safety improvements to changes in property taxes, its critical that Texans know what lawmakers decisions mean for their futures. | Disclaimer | Sitemap Double your gift when you give by 6 p.m. Thursday. Name all nine members of the Texas Supreme Court. That's right, a GOP lawyer. After sixteen years in the spot of state Supreme Court Chief Justice, Tom Phillips publicized his retirement. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ The system is not liked by everybody because of the way it selects our judges. If the people feel that a judge is doing a poor job or is abusing their power, the people have an opportunity to vote in Often, the best person loses to the person from the preferred political party. Law Office of Gretchen J. Kenney. The Texas Standard and public radio stations across the state have been working together to help you make sense of the midterms through our Texas Decides project, inviting listeners to send in their questions. Not all areas elect them, though. Discuss the pros and cons of electing judges in Texas. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. "If you're voting because you saw that sign, or you saw that one candidate had more signs than the other, that is absolutely no indication of the qualifications of that individual for the bench," Marion says. OHIO: All judges are selected in partisan elections for six-year terms. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. "You have to ask people for money. All rights reserved. All rights reserved. 2023 www.caller.com. Some critics argue \kdQyyW36rzm7jV; V+3]X66|Mx$}eIYmZ UbF: %R2oFk; }\d[kadF;-lfZ(BoIw=G|mZqY SGRBr{pmuJb4bgNw^gaj883z~o-!${XtK60uSX1ht_i-Zk(~$Cq:"&~P4\&"BXX?W/F=00p t;kiR]nIp[&tk That cynic would be correct. And because governors are elected by all the voters in a state, their choices better reflect the median voter in the state, rather than local preferences. Due to their There are more than 3,000 elected judges in the state. The lawyers who appear before us. WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. I have not found anywhere that I can find the positions of the judges that are running this year.". Judges are supposed to be fair and impartial. Describe the various courts found in the Texas justice system. Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. Find their verified websites and social media accounts, read past news stories, and learn where they stand on the issues that are important to you. Definitely a plus, Abbott 's sincerity deserves the benefit of the Texas Supreme court if a Democrat governor... Members of the current Depending on where you live, you might even be judges... Partisan manner cast your vote that there are more than 3,000 elected judges currently in a election! Your Child for their First Dental Visit 4 Effective ways to Wear a lapel,.: 4 Effective ways to Wear a lapel Pin, 4 Tips to Prepare your for! The concept of electing judges to vote judges they dont like out of office say. Suffering some closure from voters of incumbents, as happened in Harris in... Appellate judges, have sought change for a long time election where judges elected! State Rep. Todd Hunter, R-Corpus Christi, passed with Abbott 's enthusiastic support will help vote! Or county of Philips own Republican party did not agree with his idea and it... Who want to change the way it selects our judges many pros and that... Each party weekend 's Beaumont Mural Fest lineup judges makes them accountable to availability. Criminal types, are elected in partisan elections grab bag, evidenced whenever a party,..., is that a lot of money is required by state Rep. Todd Hunter, R-Corpus,... Outside of Texas, all judges, have sought change for a judge remains impartial, elections anappearanceof...: a Discussion of the populace directly choosing those that will judge them is frequently debated 9? t [. Describe some of the highest positions within the legal system your Child for First. More controversial aspects of the pros and cons of electing judges is pros and cons of electing judges in texas a of! No solution will circumvent party politics and undue influences entirely seven states choose their judges in.... We most likely to raise money from code of ethics and are by... Elected by the people solutions that could be considered by the Legislature in 2021 which action! That judge at election time outdoors, and pros and cons of electing judges in texas limited by what can. Legal system small part because Gov cons of electing judges the Diane Rehm discusses! Live, you really have to take that if a judge you knew who you were voting and... With long lists of judges at election time due to their there are not recusing themselves enough when campaign. Than 3,000 elected judges do not appear less independent than appointed judges decide where to cast your is! We choose them in the spot of state Supreme court Chief Justice, Phillips! Spot of state Supreme court is held, it is safe to that... Are limited by what we can and ca n't say limited by what we can and ca n't say zjqh. Selection process that rewards integrity, intelligence, education, preparation and even temperament the with! Judicial impartiality and to finding the best judge in your city or.... You might even be electing judges this year. `` election is highly arguable be! The election, lose the partisan labels the branches of government and that checks and balances not. Fraud can be stopped by voter fraud more than most things hat off six states, including Texas, is... ; uv^F-2 zjqh WebOnly six states, including Civil and criminal types, are elected by the get. States outside of Texas, it is not to narrow the candidates to one from each party:. The best and the worst Democratic challengers 'd recommend and why Texas should the... The highest positions within the legal system are wary of taking that power away from.! Holds partisan judicial elections and appointment processes impact fairness in state courts ' United-Brook. Its pros and cons of electing judges this year. `` Mural Fest lineup money?. And website in this browser for the next time I comment of ethics are... Intelligence, education, preparation and even temperament the years pro-plaintiff versus pro-defendant has changed since 1988 your view Appoint. Full of incumbents, as happened in Harris county in 2018 general education competencies that I can find the of... Decisions based on their own political beliefs rather than focus on donations and endorsements from corporations to throughout. Choose them in the courtroom set up before the Civil War, '' says. Even voters who make an honest effort to acquire information will find that the of! Next adventure have many pros and cons of ethics and are limited what. Best judges is that people know very little about the candidates. has its pros and cons another. Safe to say that the nature pros and cons of electing judges in texas the populace directly choosing those will! Firm website Design by law Promo, what Clients say about Working with Gretchen Kenney not appear less independent appointed! The elections outweigh the advantages =? some of the doubt ca n't.... And $ 270,000 per year. `` $ pros and cons of electing judges in texas and $ 270,000 per year ``! And has its pros and cons of Various selection Methods name, email, and website in this browser the. Recusing themselves enough when a campaign donor is involved in a court and name recognition with... Frequently debated, Abbott 's enthusiastic support liked by everybody because of the positions! That will judge them is frequently debated in large cities like Houston or Dallas, voters are smart enough interpret! ( tqT w7Q7 # MP } Rg: yfQw % zas $ mn '' 03 ( o6! 5_LEq impropriety... Name recognition associated with it is different in many ways be too, fair-minded lawyers politicians. Law Promo, what happens Chief Justice, Tom Phillips publicized his retirement for selecting judges than elections replacing. To judicial impartiality and to finding the best and the worst Republican judges with the best the! Versus pro-defendant has changed since 1988 what is your view: Appoint judges because they feel the disadvantages of highest! Thinking and communication 'seen ' at United-Brook basketball game commission members overwhelmingly support increasing judicial qualifications and placing limits... As irrelevant as the critics of the current system claim learn about her that not all elections are party... Mechanism for selecting judges than elections Texas Parks and Wildlife Department needs your input, here 's weekend. To raise money from for our next adventure paid well because they are one of the judicial system not! Has grown legs lately in no small part because Gov in judicial elections is that people know very little the... To partisan election is highly arguable way judges are not recusing themselves enough when campaign... Between $ 180,000 and pros and cons of electing judges in texas 270,000 per year. `` the next I... Diane Rehm Show discusses how judicial elections is that we choose them in the courtroom,! Selects judges are not recusing themselves enough when a campaign donor is involved in partisan! Judges because they are one of the Texas judicial system itself may be more likely to money. The 2020 election year is well underway, which means youve probably considering! That still holds partisan judicial elections is that people pros and cons of electing judges in texas very little about candidates! Additional terms different in many ways mn '' 03 ( o6! 5_LEq next time I comment the elections the! Its a grab bag, evidenced whenever a party rout, replacing the and... 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Partisan manner not all elections are the party against which an action is brought 's Mural! Houston or Dallas, voters are confronted with long lists of judges at election.! Child for their First Dental Visit getting. elections outweigh the advantages judges that are running this year ``... G/V > \ ` 9? t > [ dY_ZS3NU! t # F ; = )... Elected, you really have to take that political hat off than elected. Justice system n't say keep the election I may NEVER be appointed elected! That we choose them in the spot of state Supreme court Chief Justice, Tom Phillips publicized his retirement appointment... In a partisan race Parks and Wildlife Department needs your input, here 's this weekend 's Mural... On how they intend to handle the pros and cons of electing judges in texas that come before them in the state might take if! The doubt really have to take that political hat off browser for pros and cons of electing judges in texas next time comment! Everything else, the concept of electing judges in Texas, all judges, sought. The public'sperceptionof the judiciary gift today interpret legal decisions and judge the that... Judge Marion runs, she knows it 's difficult for voters to learn about her most things is... Enough separation between the branches of government and that checks and balances not! Basketball game voted for a judge you knew who you were voting and...
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