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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.

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[–] FlowVoid@midwest.social 3 points 1 year ago* (last edited 1 year ago) (2 children)

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@lemmy.world 12 points 1 year ago (1 children)

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

[–] FlowVoid@midwest.social 6 points 1 year ago* (last edited 1 year ago)

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@kbin.social 6 points 1 year ago (2 children)

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 4 points 1 year ago (1 children)

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.social 4 points 1 year ago* (last edited 1 year ago) (1 children)

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 3 points 1 year ago* (last edited 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@feddit.nl 0 points 1 year ago (1 children)

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@kbin.social 2 points 1 year ago (1 children)

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@midwest.social 0 points 1 year ago (1 children)

This judge is not an elected official.

[–] roguetrick@kbin.social 3 points 1 year ago (1 children)

She was appointed but has to be voted for every 4 years.

[–] FlowVoid@midwest.social 0 points 1 year ago* (last edited 1 year ago)

No, she doesn't. She is a magistrate judge, and that's an appointed position.