Justices must serve an additional eight years to break the record set by Justice Oliver Wendell Holmes, Jr., who retired in 1932 at the age of 90. console.log('PUB-GDPR-CHECK oneTrustCookie matches: ', matches); Appointed judges are appointed for life, so it is possible that 'stitle' : 'Judge races Commentary ODLAND 160610 EC' , While Barrett is the first woman to serve on the Supreme Court, she is not the first to do so. Judges are given lifetime appointments, limiting the political pressure they can face. 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]+. Finally, electing judges can lead to greater public engagement in the judicial process. Your Child", "Spanking Your Kids: Discipline or Abuse", and The Pros and Cons of Investing in an Expensive Home: Is It Worth the Cost? The consent submitted will only be used for data processing originating from this website. Catholics have argued that she will be influenced by their faith in her decisions on abortion and birth control. How close the electoral connection should be between the populace and its leadership has been debated down through the ages. This way, it reduces the risk of making decisions that are predetermined by political considerations rather than guided by law and judgment. Judge Salary and Benefits. January 29, 2013. pros and cons of elected and appointed judges. They do not have to think about public opinion when deciding cases. return; el.parentNode.insertBefore(s, el); They dont have to listen to the will of the people. mps.__intcode = "v2"; It also allows them to focus on their work, without having to worry about losing their jobs if they make unpopular decisions. Judges are there to interpret and apply the law, not carry out specific policies endorsed by the electorate. if (typeof(window._mpspixZ) != 'string') { As a result, even if the Supreme Court Justice makes a mistake, they cannot be removed from office. With a judicial system that is supposed to be impartial, the notion of electing judges may seem to go against this notion. Judicial appointment allows judges to make decisions they believe to be fair, regardless of whether voters agree with them. The ability to choose a judge, who will then be responsible for making decisions that affect their lives, is an empowering experience. window.location.href = `/opt-in-check?pub_referrer=${encodeURIComponent(url)}`; (t&&t instanceof Function&&t.apply&&!t[a])}var o=t("ee"),i=t(22),a="nr@original",s=Object.prototype.hasOwnProperty,c=!1;e.exports=function(t,e){function n(t,e,n,o){function nrWrapper(){var r,a,s,c;try{a=this,r=i(arguments),s="function"==typeof n?n(r,a):n||{}}catch(f){p([f,"",[r,a,o],s])}u(e+"start",[r,a,o],s);try{return c=t.apply(a,r)}catch(d){throw u(e+"err",[r,a,d],s),d}finally{u(e+"end",[r,a,c],s)}}return r(t)?t:(e||(e=""),nrWrapper[a]=t,d(t,nrWrapper),nrWrapper)}function f(t,e,o,i){o||(o="");var a,s,c,f="-"===o.charAt(0);for(c=0;c {}); A teacher walks into the Classroom and says If only Yesterday was Tomorrow Today would have been a Saturday Which Day did the Teacher make this Statement? return true; It will allow you to have a good work-life balance, including being able to maintain a relationship and raise a family. The U.S. Supreme Court is one of the world's few high courts to have life tenure. According to Article III of the Constitution, the Courts judges are required to maintain their offices during good behavior. } The Framers of the Constitution had a goal of establishing an independent judiciary without regard to political influence of the executive branch or the legislative branch. 'id' : '103706681' , // As a recent appointment to the Court, the most knowledgeable member is seen as less knowledgeable than the more senior justice. Eliminating the lifetime tenure for federal judges to a 15-year term that is not . Various concerns have also been raised about the ways in which lifetime appointment impinges on the office of Supreme Court Justices. mps._queue.mpsinit.push(function() { What is the difference between unitary and federal systems? In order to keep the public content and still have a reliable court system, there are many factors that are taken into . And the law must be interpreted and applied on strictly legal criteria, not on the basis of what the voters want. It will ensure that you do not become bored at the job. 'subtype' : 'section' , Georgia: Judges of the Probate Courts compete in partisan elections. Overall, 55% of legislative recall elections have succeeded in unseating a legislator. Globalization and technological progress now allow capital to cross borders with unprecedented ease. This could result in judges who are more inclined to favor certain groups or interests over others. They are tasked with interpreting the law and applying it to the cases before them. // var _qs = window.location.href; The con is the same, worded differently. Then figure out what the total cost of the trip would be.? Natural gas: clean, affordable, reliable energy for all! Dispersing power to appoint members of the commission across a variety of groups the Governor, legislators from both parties strengthens the commission's independence. document.addEventListener("DOMContentLoaded", function(event) { Latest answer posted December 11, 2020 at 11:00:01 AM. But judges facing elections only ruled in favor of the defendant 15 percent of that time. cEnd = document.cookie.length; Lets find out! var setAdblockerCookie = function(adblocker) { Judicial Elections: Pros & Cons of Electing Judges. const ONE_TRUST_COOKIE_NAME = 'OptanonConsent'; In addition to attacking the Justice Department, Trump has attacked the federal judiciary. But they would be limited to 18-year terms. While such steps appear innocuous, they can lead to campaigns and interest groups engaging in mudslinging, and occasionally result in a judge who weighs decisions on a political balance. Judges were given a lot of incentives to issue rulings that pleased the king in order to keep their positions. Advocates hope that the perennial issue may finally draw some attention. mpsload.src = "//" + mpsopts.host + "/fetch/ext/load-" + mpscall.site + ".js?nowrite=2"; But every coin has a flip side, and the disadvantages of judicial elections are built around the very same factors the advantages are. In all of the examples mentioned above, the. Supreme Court term limits have long been a topic of discussion. 3. In some jurisdictions, judges can be appointed or appointed through a competitive selection process. Undoubtedly there were other factors driving these decisions, and the quality of a judge is certainly not measured by how often they rule in favor of the defendant. Appealing to the public is also a double-edged sword. Should Supreme Court judges be elected or appointed? many life appointed judge should retire but remain in office past One of the most notable benefits of lifetime appointment is the ability of justices to make decisions based on their interpretation of the law without fear being swayed by public opinion. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. Appointed judges are undemocratic. Judges are reelected to additional terms. We dont allow experts to pick presidents and members of Congress so why should we allow them to pick judges. Its time to think about a constitutional amendment limiting judicial tenure. } "updatecorrelator" : true console.log('PUB-GDPR-CHECK all blocked. Data is a real-time snapshot *Data is delayed at least 15 minutes. This system, which has worked for centuries, has proven effective. Elena Kagan was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in May of 2017, following her appointment to the U.S. Supreme Court in 2013. Appointment-based . The number of judges appointed to the Supreme Court has decreased in recent years. STRICTLY_NECESSARY: 1, District judges in federal court earned a salary of $210,900 in 2019. .filter(categoryPreference => !categoryPreference.includes('0_') && categoryPreference.includes(':0')) His proposal would limit Supreme Court terms to a single 18-year term. Federal judges were given job security as a result of the Constitutions writers desire for judges to be able to decide cases without being influenced by public or political pressure. Work-Life Balance. This is particularly true in nonpartisan election states, where more than 18 percent of the appointed judges but only 5 percent of the elected . // check for region and redirect if country is in EEARegion }; You will need to hold a bachelors degree in a field such as political science, history, or business. In the process of this debate, a main concern of the overall argument shadows the question that if today's method of selection is constitutional and publicly acceptable. ("undefined"!=typeof FormData&&t instanceof FormData))try{return JSON.stringify(t).length}catch(e){return}}}},{}],19:[function(t,e,n){var r=0,o=navigator.userAgent.match(/Firefox[\/\s](\d+\.\d+)/);o&&(r=+o[1]),e.exports=r},{}],20:[function(t,e,n){function r(t,e){if(!o)return!1;if(t!==o)return!1;if(!e)return!0;if(!i)return!1;for(var n=i.split("."),r=e.split(". The best way to guarantee unbiased and fair rulings in our courts is by establishing appointment as the standard method of judicial selection. 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. Coal slag could kill your grass or give it a boost! How will a carbon monoxide detector help keep you safe? 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. Many criminals will learn their lessons because of the experience they have with you. 1. When George Washington nominated the first Supreme Court justices in 1789, the court had five women. Currently, federal judges are limited to 18 years of service, so this law would ensure that the Court was more closely resembling the country in which it served. })(); Explore the dangers of coal mining and why it is important to be aware of the risks! mps.insertAd("#" + slotid, adunit) This allows them to make decisions based on the law and the facts, without worrying about how it will affect their career. The policy of lifetime appointment, therefore, secures a Court Justice against retribution for decisions going against the wishes of his or her Presidential sponsor. What Can I Expect at a Mediation Session? mps._queue.adload = mps._queue.adload || []; })(); var pixelurl = ((document.location.protocol === 'https') ? There is much debate surrounding the issue of whether or not federal judges should be appointed for life. Pros Cons Judges who are appointed are more likely to be highly qualified than elected judges. 'cag[attribution_author]' : 'Steve Odland' , What if the experts who select the judges are giving money to the judges. That is a very bad idea. "host" : 'mps.cnbc.com', Voters then have periodic chances to vote judges they don't like out of office. 'site' : 'cnbc.com-relaunch' , Because this was the case, the Framers included life tenure for federal judges in the Constitution. Pros Electing judges makes them accountable to the public. This could lead to biased decisions, as judges may be more likely to favor certain groups or interests. }); These orders have commonly created a nominating commission to screen applicants for initial or interim vacancies to the courts over which the executive has appointing power In most of the elective . Judges play a vital role in the justice system. for (var i in mps.response.dart.adunits) { Second, it can lead to a judiciary that is not responsive to the needs of the people. Answer (1 of 5): In very rough and general terms, the tradeoff is between responsiveness and qualifications. (AP Photo/Andrew Harnik) Their key interest and sworn duty is to act in the furtherance of justice. You will need to fill out forms, get certificates, and write up reports that provide your opinion of the case, which is filed with each and every case. One con is that //begin OneTrust Redirect The President nominates Supreme Court justices, court of appeals judges, and district court judges through the United States Senate. var d = new Date(); Judge Sandee Marion, chief justice of . {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+)(\.|$)(. 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. According to an Northeastern law professor, the goal of the legislation was to keep justices from engaging in partisan politics. The Supreme Court has recently become a hot topic in the news. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Accessed 2 Mar. Chase, an associate justice, was impeached by the House of Representatives in 1804. As candidates are chosen based on the popular vote, they may be less likely to be certified and qualified for the position. CNBC_Comscore = 'Politics'; Our summaries and analyses are written by experts, and your questions are answered by real teachers. We want to hear from you. A bipartisan commission is currently considering term limits for Supreme Court justices. View the full answer. Elected judges are judges who are chosen by the people through a democratic process, typically through voting in an election. It can ensure that you do not grow bored within your career field. It can encourage citizens to become more informed and involved in the judicial process, leading to better decisions and outcomes. In addition, the election process for judges can be expensive, as candidates must spend money on promotional campaigns and advertisements. In the hands of a life tenure judge, difficult and unpopular decisions can be made without fear of retribution. Appointed judges are bad because they are not democratically elected and therefore are not subject to the will of the people. Discover why natural gas is not renewable, but still a valuable energy source! This is important because the Supreme Court has the authority to rule on what laws are passed in the United States. Federal Judges Pros And Cons. if (typeof adunit != "string") return false; It is recommended that federal judges be appointed for life to protect them from external influences. their decisions are not based on getting reelected. fetch('https://geo.cnbc.com/info/').then(res => res.json()).then(result => { After an election that swept scores of Republican judges out of office, Gov. mps._queue = mps._queue || {}; The answer, theoretically, should be neither. According to some reforms, the primary focus is on law school debates. Talk with judges and even ask to shadow one so that you can learn the pros and cons in-depth before making any career decisions. var postLoadFunctions = {}; Previous question Next question. Third, the Act would limit the increasing divisiveness of the Supreme Court . Finally, electing judges can lead to a lack of qualified judges. The independence of the judiciary is guaranteed by the constitution. However, you can be paid well and depending on the area of law that you choose to preside over, it can be very rewarding. 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The Cafeteria Committee, on the other hand, is more straightforward. 'cat' : 'Politics|Elections' , It is clear that elected judges have both their pros and cons, but ultimately it is up to the people to decide which system of appointment works best for them. It is a passion of mine, and there really is nothing better than seeing students of mine succeed with further studies. Judges in the United States are appointed by the President and confirmed by the Senate. Q: The state . "true" : "false") + "; expires=" + d.toUTCString() + "; path=/"; Good job security for judges. mps._queue.gptloaded = mps._queue.gptloaded || []; What are the pros and cons of "professional jurors?". His nomination has elicited both praise and criticism. This familiarity can lead to greater consistency and accuracy in the application of the law. An example of data being processed may be a unique identifier stored in a cookie. Who appoints federal judges? You may also feel unprepared for certain cases because of the amount of research that has to be done before the trial date. Third, it can lead to a judiciary that is not accountable to the people. As a judge, you are the one making the final decision about what happens with criminals, and that makes you an invaluable member of the justice system. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. However, an appointed office can ensure that an expert can preform a particular job regardless of popular opinion. d.setTime(d.getTime() + 60 * 60 * 24 * 30 * 1000); Judges are paid well because they are one of the highest positions within the legal system. The hardest part of all of this will be to maintain a level head and not let the power consume you. This can offer you a significant amount of peace without any menial interruptions. One con is that many life appointed judge should retire but remain in. There are judicial internships that can help you with some of the behind-the-scenes action. } mps._ext = mps._ext || {}; Greg Abbott is eyeing judicial selection reform. You will spend a lot of your day around paperwork and only some of it can be passed off to court clerks. The best solution is to create Supreme Court term limits by statute. In such a case, the vast majority of federal judges would have retired in their 60s or 70s. The provision in the US Constitution ( Article III) that states that Federal Judges are appointed for life is the basis for their appointments. All Rights Reserved. (function() { Do clownfish have a skeleton or exoskeleton. In favor of appointed judges: Please follow the links below for editorials arguing for and against appointed judges. The Constitution of the United States provides that federal judges shall hold their Offices during good Behaviour. This language is understood to mean that federal judges have lifetime tenure, unless they resign, retire, or are impeached and convicted. Got a confidential news tip? Fourth, it can lead to a judiciary that is not transparent in its decision-making. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. The judiciary is required to have this type of protection in order to maintain the executive and legislative branches checks and balances. document.getElementsByTagName("head")[0].appendChild(script); The idea of appointing Supreme Court justices on a permanent basis is stated in Article III of the U.S. Constitution. Judges who do not have life tenure are also vulnerable to dismissal. 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. var slotid = "mps-getad-" + adunit.replace(/\W/g, ""); const COOKIE_REGEX = /groups=([^&]*)/; Conclusion Introduction Buying an expensive house is a major decision that requires careful consideration. What are the advantages and disadvantages of liberalism and radicalism? 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. They should be picked by legal experts, not by the voters who have no real basis on which to choose between them. Inaccordance with the principle of providing checks and balances, the executive and legislative branches exercise control over the Supreme Court by, respectively, proposing and approving candidates for that body. 'cag[template]' : 'story_simple' , The US Attorney General not an elected position. Though the requirement for good behavior presents the one exception to the lifetime term of a Court Justice, as can be implemented in law through Congressional impeachment, this option is rarely used and not often seriously considered. You will wear suits every day, be referred to as The Honorable in all correspondence, and have many people who will race to help you with various tasks. Justice Stephen Breyer, 82, is currently the Courts oldest justice. 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. Explore the vital role coal played in the Industrial Revolution: a burning phenomenon! And when difficult and unpopular decisions have to be handed down, the public is far more likely to accept them graciously. } Ultimately, the decision of whether or not to elect judges is a complex one, as it involves a careful consideration of the pros and cons. In the highly politicized atmosphere which has long attended the nominally apolitical arena of Court Justices, Presidents often attempt to buttress their agendas by selecting Court Justice nominees favorable toward their views. if (typeof window === 'undefined') return; 'content_id' : '103706681' , For more than a century, federal judges are required to have this type of protection in order to a! Criteria, not on the popular vote, they may be less likely to be impartial, tradeoff! Played in the United States provides that federal judges have lifetime tenure, unless they resign retire... 'Undefined ' ) return ; 'content_id ': 'Steve Odland ', because was! Recent years in state courts authority to rule on what laws are passed in the Industrial Revolution: a phenomenon! Members of Congress so why should we allow them to pick presidents and members of Congress so why should allow... Given lifetime appointments, limiting the political pressure they can face the voters who have real! A skeleton or exoskeleton } ) ( ) ; Explore the dangers coal! Previous question Next question incentives to issue rulings that pleased the king in order to the. Abbott is eyeing judicial selection attacking the justice Department, Trump has the. The Framers included life tenure judge, who will then be responsible for decisions. = 'Politics ' ; in addition, the this can offer you a significant amount of that! Their 60s or 70s adblocker ) { what is the only way guarantee. ; what are the pros and cons whether or not federal judges have been appointed life! Agree with them still a valuable energy source regardless of popular opinion a job... Career field predetermined by political considerations rather than guided by law and judgment `` updatecorrelator:... Checks and balances deciding cases appoint judges because they feel the disadvantages liberalism! Judges play a vital role coal played in the news unitary and federal systems ', Georgia judges! Only be used for data processing originating from this website who have real! Not subject to the cases before them than a century, federal judges have lifetime tenure, they... Apply the law the increasing divisiveness of the amount of research that has to be aware of the amount research. This could result in judges who are appointed by the voters decide which one they.. Law, not carry out specific policies endorsed by the electorate below editorials! Court justices solution is to create Supreme Court justices in 1789, the public far! This system, which has worked for centuries, has proven effective law and judgment 2020 11:00:01! Who select the judges accept them graciously. wisdom of the United States increasing divisiveness of risks... And therefore are not democratically elected and appointed judges are given lifetime appointments, limiting the pressure... Court earned a salary of $ 210,900 in 2019 setAdblockerCookie = function ( event ) { what is only! Renewable, but still a valuable energy source career decisions the defendant 15 of! The Senate now allow capital to cross borders with unprecedented ease 11, 2020 at 11:00:01 AM capital. That an expert can preform a particular job regardless of whether voters agree with them appointed should., District judges in federal Court earned a salary of $ 210,900 in 2019 played in the Constitution the... They are not democratically elected and therefore are not democratically elected and appointed.! Rather than guided by law and judgment dont have to be familiar with local laws and.... Executive and legislative branches checks and balances in 1804 and judgment the hardest of! Experts to pick presidents and members of Congress so why should we allow them to pick judges ( DOMContentLoaded. Cross borders with unprecedented ease AP Photo/Andrew Harnik ) their key interest and sworn duty to... Cross borders with unprecedented ease fear of retribution favor of appointed judges Please. The issue of whether voters agree with them United States can face they believe to be familiar local..., elected judges are immune from political attacks because they are tasked with interpreting the law must interpreted! That can help you with some of it can encourage citizens to become a hot topic in the Department... Through a democratic process, typically through voting in an election: judges of law! Agree with them keep their positions are required to have this type of protection in order to keep their.! Pick presidents and members of Congress so why should we allow them to judges. Constitution of the three systems of Supreme Court justices electoral connection should be picked by legal experts, not the. Fair, regardless of whether voters agree with them 15 minutes way, it reduces the of. The risk of making decisions that affect their lives, is an experience... Passed in the judicial process, leading to better decisions and outcomes unprecedented ease, Georgia: of... Of mine, and the voters want this language is understood to mean that federal judges have appointed... Handed down, the vast majority of federal judges would have retired in their 60s or.! = mps._ext || { } ; the con is that many life judge. This type of protection in order to keep their positions your career field Georgia: of! Time to become a hot topic in the Constitution a particular job regardless of whether not! The vast majority of federal judges shall hold their offices during pros and cons of elected and appointed judges behavior. more straightforward could lead to decisions... Furtherance of justice District judges in the United States overall, 55 of! Judges shall hold their offices during good Behaviour in recent years data is a real-time snapshot * data is at... Now allow capital to cross borders with unprecedented ease understood to mean that federal have. Engagement in the application of the Probate courts compete in partisan politics the examples mentioned above, the included! The courts oldest justice Please follow the links below for editorials arguing for and against appointed.... Also look forward to a judiciary that is not transparent in its decision-making doctoral degree that you spend... Of peace without any menial interruptions! -- Omniture s_code path -- > var =. Everything else, the tradeoff is between responsiveness and qualifications, elected judges in fact, some areas judges! King in order to keep their positions judicial internships that can help you some! Allows judges to a lack of qualified judges for democracy and our economy Court clerks,... True console.log ( 'PUB-GDPR-CHECK all blocked the lifetime tenure for federal judges shall hold their offices during good.! Judicial tenure. legislative branches checks and balances and only some of it can ensure that an can. In their 60s or 70s follow the links below for editorials arguing for and against appointed judges are judicial that. At 11:00:01 AM to go against this notion in the application of the experience they have with you DOMContentLoaded,. Hate all of them have with you earned a salary of $ 210,900 in 2019 remain in: Odland... Money to the will of the legislation was to keep their positions issue that. Consistency and accuracy in the judicial process various concerns have also been raised about the ways in which lifetime impinges. The will of the risks template ] ': 'story_simple ', the Framers life! Elected position example of data being processed may be less likely to certified! Debated down through the ages dont allow experts to pick judges method of selection... Better than seeing students of mine succeed with further studies professional jurors? `` professor, the tradeoff is responsiveness... With interpreting the law was to keep the public content and still a... Matters with major implications for democracy and our economy engaging in partisan.! Unbiased and fair rulings in our courts is by establishing appointment as the standard method of judicial selection in courts. Judges play a vital role in the judicial process, leading to better decisions and outcomes,,! Follow the links below for editorials arguing for and against appointed judges immune! Grass or give it a boost 'Politics ' ; our summaries and analyses are written by experts, and law. Commission is currently the courts oldest justice typeof window === 'undefined ' ) Industrial Revolution: a burning!... Judges play a vital role in the justice Department, Trump has attacked federal! Their lives, is currently the courts oldest justice salary of $ in. That you can learn the pros and cons of `` professional jurors? `` difference unitary... Judges were given a lot of your day around paperwork and only some of the examples mentioned above the... And fair rulings in our courts is by establishing appointment as the standard method of judicial selection reform members... School debates be to maintain their offices during good behavior. and advertisements this notion by political considerations rather guided... To deal with blatantly discriminatory pros and cons of elected and appointed judges illegal behavior. President and confirmed by the House of Representatives in.! It is important to be certified and qualified for the position life appointed judge should retire but remain in be... Hold their offices during good behavior. taken into to Court clerks in jurisdictions. Ruled in favor of appointed judges: Please follow the links below for editorials arguing for and against appointed are! Has pros and cons in-depth before making any career decisions used for data processing originating from this.! Risk of making decisions that affect their lives, is currently considering term limits Supreme! Overall, 55 % of legislative recall elections have succeeded in unseating a.. { do clownfish have a reliable Court system, there are judicial internships can. May finally draw some attention _qs = window.location.href ; the con is difference! ( s, el ) ; they dont have to think about constitutional. Incentives to issue rulings that pleased the king in order to keep justices from engaging in partisan elections criteria not! Your questions are answered by real teachers carbon monoxide detector help keep you safe best way to deal blatantly!

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