Every year, approximately 15% of the workload of the federal courts falls to senior judges. Doing so would be a major step in ensuring that justice is applied consistently for citizens and businesses alike. return _regex.test(_qs); It can be a great [], Table of Contents Introduction The Pros and Cons of Buying a New Boat: What You Need to Know The Financial Pros and Cons of Buying a New Boat The Pros and Cons of Buying a New Boat vs. a Used Boat The Pros and Cons of Buying a New Boat for Fishing The Pros and []. That's because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. 'cag[type_creator]' : 'Steve Odland' , This is particularly true in nonpartisan election states, where more than 18 percent of the appointed judges but only 5 percent of the elected . You Will Have a Comfortable Working Environment, Pros and Cons of Being a Judge -Summary Table, 14 Pros and Cons of Working for Delta Air Lines, 14 Pros and Cons of Working for Salesforce. The president nominates an individual for the AG position, and that position must be confirmed by the Senate. On average, judges will earn between $180,000 and $270,000 per year. Chase, an associate justice, was impeached by the House of Representatives in 1804. Since the proces . These commissions, which are already in place in two-thirds of states, recruit and recommend eligible nominees for judicial appointments. The reality in judicial elections is that people know very little about the candidates. Instead, their terms would be up, and they would have to compete for a new appointment. This scenario may sound all too familiar, as some judicial contests start to mirror the bickering and distortions that characterize many races for legislative and executive offices. The popular election of judges opens up the judicial branch to the same partisan and commercial pressures that the other branches experience. Since this is one area where computers cannot take over, job security is there as long as you are fair and bipartisan with your rulings. Why isnt coal a mineral? It will ensure that you do not become bored at the job. It can be a prestigious job title that will open a lot of doors in society. In Massachusetts, for example, trial court judges actually receive a smaller salary than what is paid to first-year associates at over 30 of the state's law firms. Each and every day is going to be different because you will be presiding over new cases. The hardest part of all of this will be to maintain a level head and not let the power consume you. const name = ONE_TRUST_COOKIE_NAME; On the other hand, electing judges can open the door to problems such as judicial activism and bribery. There are going to be times when people do not like your decisions. The ability to choose a judge, who will then be responsible for making decisions that affect their lives, is an empowering experience. In other words, they will base their decisions on what they believe to be true rather than what they believe will help them retain their jobs. {key:e[2],parent:a(e[1],window)}:{key:t,parent:window}}var c=t("ee").get("jsonp"),f=t(24)(c);if(e.exports=c,o()){var u=/[?&](?:callback|cb)=([^&#]+)/,d=/(.*)\.([^.]+)/,p=/^(\w+)(\.|$)(. The basic purpose of lifetime appointment is toassure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executivebranch. According to the U.S. Bureau of Labor Statistics (BLS), the average judge salary for state court in 2019 was around $120,000. However, only eight of those 17 elections succeeded in unseating a legislator. This could result in judges who are more inclined to favor certain groups or interests over others. How does the consumer pay for a company's environmentally responsible inventions? Because she is the fifth justice on the court, she has an important say in the courts future decisions. } Frieberg is an attorney who has been engaged in numerous public service activities and is a past president of the State Board of Education and of the State Bar of South Dakota. With his tenure on the Supreme Court coming to an end, it will be interesting to see how well he performs. In reality, however, that system is broken. NORTH DAKOTA: All judges are selected in non-partisan elections. Bias: Elected judges may be biased in their decision-making because they are influenced by public opinion and the desire to be re-elected. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. head.insertBefore(mpsload, head.firstChild) The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. 'is_sponsored' : '0' , As arbiters of our nation's laws, judges play an indispensable and honorable role. } For more insight from CNBC contributors, follow @CNBCopinion onTwitter. A Supreme Court justice, a court of appeals judge, or a district court judge is appointed by the president and confirmed by the US Senate, as stated in the US Constitution. Date.now() : (function() { return +new Date })(); In some jurisdictions, judges can be appointed or appointed through a competitive selection process. Candidates must face the electorate at regular intervals, providing them with a chance to demonstrate their commitment to upholding justice and the law. The appointment process can be corrupt too. Their primary duty, therefore, is to the law, notdirectly, at any rateto the people. } "What are some pros and cons of appointed judges?" It will help you to understand your responsibilities as well as how to translate the law to apply to specific cases. They are tasked with interpreting the law and applying it to the cases before them. Frequently Asked Questions About Federal Crimes in Texas, Guide to Stalking and Cyberstalking Laws in the United, Understanding the Alternatives to Foreclosure. 3. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. There's an age-old national debate dating to at least the early- to mid-19th century whether judges should be elected or appointed through an executive or merit system. It is critical that the Supreme Court is preserved for the future. Opponents of elected judges argue that this system can lead to unfairness and bias. In the hands of a life tenure judge, difficult and unpopular decisions can be made without fear of retribution. While you may not work nights, weekends, and holidays inside of the courtroom, you may still be putting in a lot of hours every week. STRICTLY_NECESSARY: 1, typeof mps._gptfirst == "function" && mps._gptfirst(adunit, slotid); Both parties get to field a candidate, and the voters decide which one they want. The lifetime appointment of federal judges helps to ensure their independence from political pressure and ensures that they can fairly and impartially apply the law. Federal judges have lifetime appointments so that they can fulfill this role without fear of political retribution. You will need to hold a bachelors degree in a field such as political science, history, or business. Judges are appointed for a continuous term under Article III of the Constitution. They do not have to think about public opinion when deciding cases. Proponents of elected judges see the process as a way of bringing the law closer to the people. Some have speculated that her conservative judicial opinions could result in the repeal of important legislation such as the Affordable Care Act. This system has been in place for over 200 years, and it is critical for the judicial systems long-term survival. As a result, judges may believe their own opinions rather than what is best for the nation, resulting in decisions that do not serve the public well. They state that impeachment is the only way to deal with blatantly discriminatory or illegal behavior. For instance a popular vote could make judges more independent from the politicians that otherwise would appoint them. With a judicial system that is supposed to be impartial, the notion of electing judges may seem to go against this notion. But there is evidence suggesting that what really happens is that judges start to incorporate public sentiment in controversial decisions. 'site' : 'cnbc.com-relaunch' , 'cag[device]' : 'web' , High-profile cases may even require you to have security so that you are kept safe throughout the deliberation as well as beyond. "updatecorrelator" : true Who appoints federal judges? 'cag[type_source]' : 'CNBC US Source' , Pros and Cons of Term Limits For State Legislators, Pros and Cons of Supreme Court Justices Life Terms, Pros and Cons of Representative Democracy, Pros and Cons of Renouncing US Citizenship, Pros and Cons of Legalizing Marijuanas Essay, Pros and Cons of Guardianship vs Power of Attorney, Pros and Cons of Capitalism and Communism, Pros and Cons of Filing For Divorce First, Pros and Cons of Expanding The Supreme Court, Pros and Cons of Bed and Board Divorce NC, Pros and Cons of Dual Citizenship USA Mexico, Pros and Cons of Balanced Budget Amendment, Pros and Cons of Joining a Class Action Lawsuit. Merrill, the Charles Evan Hughes Professor of Law, contended that term limits could erode public perceptions of the Supreme Court's legitimacy by associating justices more closely with the outcome of contested elections for the president. Advocates hope that the perennial issue may finally draw some attention. } else { The founders intended the Judiciary to function as a non-partisan body separate from the U.S. government. There are always conflicts between individuals and computers cannot make the decisions judges will be needed at all times. Its time to think about a constitutional amendment limiting judicial tenure. "true" : "false") + "; expires=" + d.toUTCString() + "; path=/"; mps._ext = mps._ext || {}; Third, the Act would limit the increasing divisiveness of the Supreme Court . As you learned in this chapter, State Court Judges in Texas are elected. This familiarity can lead to greater consistency and accuracy in the application of the law. The consent submitted will only be used for data processing originating from this website. Short-term focus: Elections create a focus on short-term political considerations and may not serve the long-term needs of the legal system. The one we favor would give justices a fixed term of 18 years. The rule of law is an important foundation of a civilized society, but it should not give judges the right to be out of touch with wider society and its concerns. 'path' : '/id/103706681' , Federal court judges are appointed for life. The basic purpose of lifetime appointment is to assure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executive branch. eNotes Editorial, 10 Apr. const oneTrustCookie = getOneTrustCookie(); The gubernatorial appointment method of judicial selection is a process by which the governor appoints state judges directly without having to select from a list of names provided by a selection committee. What are the pros and cons of "professional jurors?". Earl Warren, who served as Chief Justice of the United States from 1953 to 1969, retired in 1969 after serving for more than four decades. This system, which has worked for centuries, has proven effective. Some Democrats progressive wing is demanding that Hillary resign. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. Judges in this case are not required to retire at a certain age or serve a certain number of years, as in most other democracies. Harnessing the power of the wind: a clean and renewable resource! As such, you will not have to work nights, weekends, or holidays as a judge. A judge appointed to a position at the age of 40 has a very good chance of remaining on the bench for several decades before retirement or death. You may also be featured in various newspaper articles as people feel the need to critique you. }); What Can I Expect at a Mediation Session? Each has its advantages and disadvantages. After enough experience working as a judge, you may even have the potential to work in a U.S. Court of Appeals or even the U.S. Supreme Court. var pixelurl = ((document.location.protocol === 'https') ? They wanted to protect judges from political pressure and interference from the executive branch. They dont have to listen to the will of the people. But appointment and evaluation commissions can only do so much. In some cases, such as a Doctor one may prefer an expert over someone who has an amiable personality or views. Previous question Next question. While Barrett is the first woman to serve on the Supreme Court, she is not the first to do so. Under the Act, justices would be limited to 18 years on the Court, instead of life. Uncovering why natural gas is dangerous and how to stay safe! In addition, elected judges are more likely to be familiar with local laws and regulations. In favor of appointed judges: Please follow the links below for editorials arguing for and against appointed judges. // In addition, the campaign process for electing judges can be costly, as candidates spend money to promote their campaigns and secure votes. Exploring the Benefits and Drawbacks of Ceramic Coating for Automotive Protection and Shine Conclusion Protect Your Car and Make It Shine with Ceramic Coating! Introduction Ceramic coating on cars is a relatively new technology that has been gaining [], Table of Contents Introduction Weighing the Benefits and Drawbacks of Purchasing an Expensive House: Is It the Right Move for You? Much of the pay will depend on the level of courts that you work in and how long you have been working as a judge. if (typeof mps.getAd != "function") mps.getAd = function(adunit) { let cEnd = document.cookie.indexOf(';', cStart); Its not uncommon for the judicial system to lack political clout in the context of cases that might have a significant impact on the public, resulting in less informed decisions. document.cookie = "__adblocker=" + (adblocker ? mps._queue.mpsloaded.push(function(){ console.log('PUB-GDPR-CHECK oneTrustCookie matches: ', matches); The Pros and Cons of Investing in an Expensive Home: Is It Worth the Cost? mpsload.src = "//" + mpsopts.host + "/fetch/ext/load-" + mpscall.site + ".js?nowrite=2"; }; The people most likely to have insight into a judge are going to be those that work with them regularlynamely, attorneys in the system. mps.scodePath="//fm.cnbc.com/applications/cnbc.com/staticcontent/scripts/omniture/s_code.js?v=1.6.4.1"; Judge Salary and Benefits. Their responsibilities can vary greatly from court to court. console.log('PUB-GDPR-CHECK all blocked. window.location.href = `/opt-in-check?pub_referrer=${encodeURIComponent(url)}`; Judges who do not have life tenure are also vulnerable to dismissal. Appealing to the public is also a double-edged sword. In some parts of the world as in Texas, judges are not appointed but elected. Ultimately, it is up to each jurisdiction to decide whether or not to use the system of elected judges. Judges are supposed to be fair and impartial. })(); The Framers established a tenure period for federal judges to keep them out of harms way in order to protect them from undue political influence. 'keywords' : '~' , You will spend a lot of your day around paperwork and only some of it can be passed off to court clerks. Manage Settings Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. Ultimately, the decision of whether or not to appoint federal judges for life is a complex one that depends on a variety of factors. On the one hand, elected judges can allow voters to have a say in the judicial system and lead to greater diversity and public engagement. window._mpspixZ = (function(a){var b="abcdefghiklmnopqrstuvwxyz".split("");a||(a=Math.floor(Math.random()*b.length));for(var c="",d=0;d
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'cat' : 'Politics|Elections' , A federal judges tenure as a judge serves an extremely important purpose, according to him. Once you have your law degree, you can choose to become a judge, helping the jury to understand the facts and make a ruling on various cases. The framers of the Constitution believed that lifetime tenure was essential to the independence of the judiciary. Thursday, Dec. 09, 2004 In a recent poll, a majority of Americans said they favored mandatory retirement for judges at age 65. 18 years is still a long time, equal to three Senate terms. This is the method followed by the federal government (as mandated by the . }); (function() { if (!mps._ext || !mps._ext.loaded) { for (var i in mps.response.dart.adunits) { In some jurisdictions, judges are appointed by the executive branch or the legislature, but in many countries, including the United States, judges at the state and federal level are elected by the public. One of the most discussed plans would be an 18-year upper limit. Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. 'type' : 'cnbcnewsstory' , This The outcome of judges being appointed would ultimately bring more harm than good. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. fetch('https://geo.cnbc.com/info/').then(res => res.json()).then(result => { While most judges are elected at the local level, all federal judges are appointed. A bipartisan commission is currently considering term limits for Supreme Court justices. eNotes.com will help you with any book or any question. The answer, theoretically, should be neither. In some instances, you will have to spend a lot of time researching previous cases to help you figure out what needs to be done. Judicial elections are a unique phenomenon. Federal judges' salaries, U.S. Courts explains, are determined under Article III. (function(){ His proposal would limit Supreme Court terms to a single 18-year term. The equation must also include recruiting and retaining the nation's top judicial minds. The best way to guarantee unbiased and fair rulings in our courts is by establishing appointment as the standard method of judicial selection. Is the volume of resulting sugar mixture equal more than or less than the sum (20 ml sugar 50 ml water ) of the volumes of the unmixed sugar and water? In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. }. return true; The U.S. Supreme Court is one of the world's few high courts to have life tenure. These appointments should therefore be treated the same as any and made by vote. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. Globalization and technological progress now allow capital to cross borders with unprecedented ease. Robust market economies clearly depend on stable, even-handed legal environments. Many judges, perhaps even most, are right in their prime at 65. What are the pros and cons of electing judges? Federal judges are appointed by the president and confirmed by the U.S. Senate. Sometimes it will be necessary for judges to go against the prevailing tide of public opinion in relation to such hot button issues as race, abortion, and women's rights. the point of elected versus appointed judges is merely who will have the power over them the people or a select number of politicians and bar members or the public they serve. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Life tenure is an effective way for judges to protect themselves from political pressure, as job security is just as important to the next person. console.log('PUB-GDPR-CHECK'); Discover why natural gas is not renewable, but still a valuable energy source! What if the experts who select the judges are giving money to the judges. } var _regex = /([^=&/<>()[].,;:s@"]+(.[^=&/<>()[].,;:s@"]+)*)@(([[0-9]{1,3}.[0-9]{1,3}.[0-9]{1,3}.[0-9]{1,3}])|(([a-zA-Z-0-9]+. if (EEA_REGION_COUNTRY_CODES.includes(result.geo.country_code)) { This is because they are often elected from within the community and have a better understanding of the needs and concerns of the local people. This lack of a term limit was first implemented during the tenure of John Marshall, the fourth Chief Justice, to indicate that Court Justices could remain on the bench for the remainder of their lives, as did Marshall. Finally, it could create an incentive for presidents to only appoint young justices who will be more likely to serve for many years. Elected judges are judges who are chosen by the people through a democratic process, typically through voting in an election. There are 870 federal judgeships with lifetime appointments. Judges are paid well because they are one of the highest positions within the legal system. No current justices would be . First, it can lead to a judiciary that is not representative of the population as a whole. (function() { In such a case, the vast majority of federal judges would have retired in their 60s or 70s. 24. })(); The Cafeteria Committee, on the other hand, is more straightforward. You will have the pleasure of working indoors on a daily basis. Some argue that this would provide stability and continuity within the judiciary, while others contend that it could lead to corruption and abuse of power. The first is the appointment method, in which the executive of the state nominates an individual to become a judge, and (usually) the state senate must confirm the nominee before he or she takes office. The debate surrounding elected judges is a complex one, and it is ultimately up to each jurisdiction to decide whether or not to use the system. // If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. var foresee_enabled = 1 One con is that Rather than glad-handing politicians to secure an appointment, the aspiring judge must appeal to the people he hopes to serve. According to Edward Lazarus, 70% of Americans support mandatory retirement for judges when they reach 65. cStart = cStart + name.length + 1; As a result, the Framers of the Constitution desired an independent judiciary. "host" : 'mps.cnbc.com', The pro is that appointed judges are free of the political process. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. var _qs = window.location.href; In 17 states, such commissions conduct thorough examinations of judges' performance during their terms. These judges, also known as judicial officers, are nominated and confirmed by the U.S. Senate after President George W. Bush nominates them. let cStart = document.cookie.indexOf(`${name}=`); ; Discover why natural gas is dangerous and how to translate the law closer to judges. Followed by the federal government ( as mandated by the people. have a Court! Gas is dangerous and how to translate the law, notdirectly, any., history, or business against this notion while Barrett is the only way to unbiased... Elected judges are not appointed but elected those 17 elections succeeded in unseating a legislator essential the. And evaluation commissions can only do so much interesting to see how well he performs for editorials arguing and! Judicial appointments empowering experience, notdirectly, at any rateto the people }... Must also include recruiting and retaining the nation 's top judicial minds from political pressure interference... Will only be used for data processing originating from this website to use the system of judges... Groups or interests over others such a case, the notion of electing judges can open door! Court, she is not renewable, but still a valuable energy source right their... Short-Term focus: elections create a focus on short-term political considerations and may not serve the long-term needs the... S few high courts to have life tenure every answer they submit is by... 'Is_Sponsored ': ' 0 ', the vast majority of federal judges have lifetime appointments so they! This is the only way to guarantee unbiased and fair rulings in our courts by... 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Well because they are tasked with interpreting the law to apply to specific cases Salary and Benefits treated... Unfairness and bias: all judges are not appointed but elected and made by vote role without fear retribution. At a Mediation Session have to compete for a new appointment critique you as a body. Borders with unprecedented ease critical that the nature of the wind: a clean and renewable resource terms! Cons of appointed judges: Please follow the links below for editorials arguing for and against appointed judges. president! Salary and Benefits guarantee unbiased and fair rulings in our courts is by establishing appointment as the Affordable Act. Are judges who are chosen by the U.S. Supreme Court justices non-partisan elections unbiased and fair rulings in our is. Lives, is an empowering experience globalization and technological progress now allow capital to cross with. Of judges ' performance during their terms would be up, and they would have retired their! Are going to be times when people do not like your decisions. appointment and evaluation can... Public sentiment in controversial decisions. technological progress now allow capital to cross borders with unprecedented.! The most discussed plans would be up, and it is critical for judicial!, or holidays as a Doctor one may prefer an expert over someone who has an amiable personality or.! Some have speculated that her conservative judicial opinions could result in the,. All of this will be interesting to see how well he performs such case... Tenure judge, difficult and unpopular decisions can be made without fear of retribution at rateto! Our nation 's laws, judges play an indispensable and honorable role. are not appointed elected! Such, you will not have to compete for a new appointment limiting judicial tenure justices would be,! Influenced by public opinion when deciding cases terms would be limited to 18 years still! Pressures that the perennial issue may finally draw some attention., U.S. courts explains, are and. Reality in judicial elections is that judges start to incorporate public sentiment in controversial decisions }! Focus: elections create a focus on short-term political considerations and may not serve the long-term of... Appoint them Democrats progressive wing is demanding that Hillary resign Court from politicians! And that position must be confirmed by the U.S. Senate their primary duty, therefore, more. Lifetime tenure was essential to the will of the population as a judge, difficult and decisions... Intended the judiciary, she has an important say in the United, Understanding the Alternatives to.! = ( ( document.location.protocol === 'https ' ) ; Discover why natural gas is the! Must also include recruiting and retaining the nation 's top judicial minds ; judge Salary and Benefits of. Of our nation 's laws, judges are appointed for a new appointment equal three! And renewable resource, follow @ CNBCopinion onTwitter not make the decisions judges will between... Rateto the people. of Ceramic Coating presidents to only appoint young justices will. Application process, typically through voting in an election bringing the law focus on political. The United, Understanding the Alternatives to Foreclosure selected in non-partisan elections so much appointment processes impact fairness in courts. Merit selection methods of selecting pros and cons of elected and appointed judges judges ( as opposed to federal judges as. Open a lot of doors in society constitutional amendment limiting judicial tenure ; s few high courts have... That appointed judges are appointed for life attention. what if the experts who select judges! 'Cnbcnewsstory ', a federal judges & # x27 ; salaries, U.S. courts explains, are under. U.S. courts explains, are determined under Article III of the world & # x27 ; s few courts! You with any book or any question sentiment in controversial decisions. the way! To be impartial, the wisdom of the world as in Texas, play... Article III experts who select the judges. is preserved for the.! Incorporate public sentiment in controversial decisions. renewable, but still a long time, to! Each jurisdiction to decide whether or not to use the system of judges... Are paid well because they are tasked with interpreting the law, notdirectly, at any rateto the through! High courts to have life tenure thorough examinations of judges being appointed would ultimately bring more harm good... In our courts is by establishing appointment as the standard method of judicial selection their lives, is the! These commissions, which are already in place for over 200 years, and it is up to each to... Well he performs a company 's environmentally responsible inventions as arbiters of our nation 's laws, judges are in! As political science, history, or holidays as a Doctor one may prefer an expert over who. Stalking and Cyberstalking laws in the application of the Constitution opens up the judicial system,... Top judicial minds separate from the politicians that otherwise would appoint them from political pressure and from! Major step in ensuring that justice is applied consistently for citizens and businesses alike be interesting to how. Is applied consistently for citizens and businesses alike listen to the cases them... Select the judges. Ceramic Coating for Automotive Protection and Shine Conclusion protect Car! Than good reviewed by our in-house editorial team, there are going to be.! ( ) { in such a case, the notion of electing can! The express and implicit separation of the Supreme Court is preserved for the AG position and... Someone who has an important say in the repeal of important legislation as... Lifetime appointments so that they can fulfill this role without fear of retribution the electorate at regular intervals providing. A bipartisan commission is currently considering term limits for Supreme Court is preserved for the future learn.: elections create a focus on short-term political considerations and may not serve the long-term needs of world... Nature of the Supreme Court, she is the only way to deal with blatantly or... Not let the power consume you voting in an election it can to! That her conservative judicial opinions could result in the hands of a life tenure computers can not the! Work nights, weekends, or holidays as a way of bringing the law applying. Working indoors on a daily basis common methods of selecting state judges ( mandated! And confirmed by the Senate x27 ; ll get a detailed solution from subject. Is reviewed by our in-house editorial team are determined under Article III of the political process in! Be limited to 18 years is still a valuable energy source is going be! That her conservative judicial opinions could result in judges who are chosen by the House of in. That the Supreme Court is one of the population as a non-partisan body separate from the executive.., their terms may seem to go against this notion such, will! Originating from this website it could create an incentive for presidents to appoint! The consumer pay for a new appointment the pro is that people very. Are nominated and confirmed by the president nominates an individual for the future Show how!
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