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.

  • SquishyPandaDev@yiffit.net
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    1 year 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
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      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
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          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.

        • FlowVoid@midwest.social
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          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
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            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
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              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
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          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.

    • 【J】【u】【s】【t】【Z】@lemmy.world
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      1 year 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.

      • SquishyPandaDev@yiffit.net
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        1 year ago

        President and law is to issue a subpoena. Basically ask instead of demand. It’s to insure newspapers first amendment rights.