Judge Eckels was first elected as a state representative in his 20's, served six terms before being elected county judge - a role with executive, legislative and
judicial functions for Harris County, which is home to nearly 4 million residents.
Addressing the importance of the idea was expressed by Judge Roger Alton Pfaff, presiding judge of the Superior Court of Los Angeles remarked, «California has become a model for conciliation services as a part of
the judicial function for other states to emulate and each year we find jurisdictions creating such services.
California has become a model for conciliation services as a part of
the judicial function for other states to emulate and each year we find jurisdictions creating such services.
Not exact matches
Section 100.5 of the New York State Advisory Committee on
Judicial Ethics Handbook states that a judge or candidate for elective judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political
Judicial Ethics Handbook states that a judge or candidate
for elective
judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political
judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets
for politically sponsored dinners or other
functions, including any such
function for a non-political purpose.
Reprieve
for the victims would be a
functioning and credible
judicial system, but that is none - existence in Somalia.
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This overwhelmingly «christian» congress represents an overwhelming «christian» nation has that: performs a million abortions a year, has out 40 % of births out of wedlock (approaching 70 percent in minority communities), has a Supreme Court that has ruled that virtual child pornography is protected by the first amendment, has a culture that teaches ever younger girls (through movies, music, tv, books and magazines) that their primary
function is as living sex toys
for men, forces religions to provide insurance to include abortifacients against their faith, and is rapidly redefining marriage by
judicial edict.
«RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the
Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified Patent Court the full application of, and respect
for, Union law in their respective territories and the
judicial protection of an individual's rights under that law;
Consequently,
for a judge not to allow defense voir dire / cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently
functioning judicial system is
for the public to perceive judges as following their oaths of office.
In a recent speech, however, he said that the task
for reformers will be to work out «how far we can properly create a multi-door courthouse that both promotes appropriate dispute resolution whilst ensuring that the court's adjudicatory
function is enhanced rather than undermined» so he clearly does not want to throw the
judicial baby out with the bathwater.
Judicial control over the matters [of] assignment of judges, sittings of the court, and court lists — as well as the related matters of allocation of court rooms and direction of the administrative staff engaged in carrying out these
functions, has generally been considered the essential or minimum requirement
for institutional or «collective» independence.»
Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern
for judicial economy; and (iii) the need
for the court to remain alive to the proper limits of its law - making
function in order to avoid intrusions into the role of the legislative branch.
SB 305 of 2014 as pre-filed would change both the qualifications
for those offices as well as how the merit selection commission (
Judicial Nominating Board)
functions.
The bill would consolidate
judicial functions by eliminating the Probate, Family, and District Courts (click here
for current court structure chart, courtesy of the NCSC Court Statistics Project) and «establish [ing] a unified court system under the administrative control of the Supreme Court.»
The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a
function of a public nature, with the effect that the registered social landlord is to regarded as a public authority
for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to
judicial review on conventional public law grounds in respect of its performance of that
function.
Prominent among these attributes of the
judicial function figures the power provided
for in Article 2, paragraph 3, of the Statute of UNAT:
As noted in that post, consular officials are only entitled to functional immunity from prosecution, i.e immunity in respect of acts performed in the exercise of her consular
functions, and may be arrested
for grave crimes (pursuant to a decision of a competent
judicial authority).
Justice La Cour emphasized that one of the main
functions of the courthouse is to provide
for an orderly environment where peaceful
judicial hearings can be held, and that aggressive activity by the media would likely interfere and interrupt this
function.
remedy
for this, however, lies, not in the abuse by the
judicial authority of its
functions, but in the people, upon whom, after all, under our institutions, reliance must be placed
for the correction of abuses committed in the exercise of a lawful power.»
Specifically, California Constitution Article VI, § 6 (d), which provides the authority of the
Judicial Council to promulgate the Rules of Court, states that the «council shall... adopt rules
for court administration, practice and procedure, and perform other
functions prescribed by statute.
Authorizes the local rules of administration that must be adopted by district and statutory county court judges in each county to provide
for a coordinated response
for the transaction of essential
judicial functions in the event of a disaster.
(2) The proper
functioning of the internal market entails the need to improve and expedite the transmission of
judicial and extrajudicial documents in civil or commercial matters
for service between the Member States.
To this end, the Community is to adopt, among others, measures in the field of
judicial cooperation in civil matters that are necessary
for the proper
functioning of the internal market.
Rather their relative advantage lies in: (1) the increasing acceptance on the part of domestic courts that inter-
judicial coordination is a prerequisite
for their continued ability to fulfill their
judicial review
function; and (2) the visibility that the decisions of these courts possess.
62 «Taking an AXA to Acts of the Scottish Parliament» [2010] 15 J.R. 163 «Towards a Codified Constitution» (2010) Justice Journal 74 (co-author) «Procuring the End of the Promptness Requirement» [2010] 29 C.J.Q. 297 «Practice and Procedure in the New Supreme Court» [2010] 15 J.R. 1 «Anti-Suit Injunctions and Non-Exclusive Jurisdiction Clauses» [2010] 69 C.L.J. 25 «Contracting Out of Homelessness
Functions» [2009] 14 J.R. 333 «The Permission Stage and Subsequent Use of Disclosed Material» [2009] 14 J.R. 249 «Arbitration and Litigation after West Tankers» [2009] L.M.C.L.Q. 285 «Bi-Polar Sovereignty Restated» [2009] 68 C.L.J. 361 «Promptness and
Judicial Review» [2009] 14 J.R. 113 «A Framework
for Fettering» [2009] 14 J.R. 73 «The Continued Rise (and Future Fall?)
For the individuals exercising
judicial rights - determining
functions as members of
judicial tribunals, I use the traditional label: «adjudicator.»
Once we diagnose the need
for why rules require interpretation, we can better assess the legitimacy of the
judicial function.
Some solutions proposed are: rationing of
judicial time
for example by assigning a fixed number of motions to each proceeding; charging higher filing fees
for additional motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more motions in writing; higher filing costs
for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits
for evidence in chief and cross, and some outsourcing of judicative
functions.
Paralegals serve an important
function in our
judicial system, providing cost - effective and professional services
for simple and routine matters in litigation.
It is
for these reasons that I have decided to continue as I began, referring to these statutory, non-court organizations whose
functions are purely or mainly
judicial as «administrative
judicial tribunals,» or,
for convenience, «
judicial tribunals.»
The
judicial tribunals on which this book focuses are the same executive branch organizations that, as noted above, were called «
judicial tribunals» in the McRuer Report; the same organizations that, in 1990, Ed Ratushny's Report on the Independence of Federal Administrative Tribunals and Agencies described as «tribunals which are adjudicative» and
for which it recommended the label «tribunal» be exclusively reserved; and the same organizations that in 1991 the late Chief Justice of Canada Antonio Lamer, in a keynote speech to the conference of the Council of Canadian Administrative Tribunals, referred to as bodies that are «created to operate essentially as adjudicators... in a manner that is similar to the
function of the judiciary... [and] expected to dispense justice in the same sense as the courts of law.»
Anyone who is an officer of the federal
judicial system authorized to perform
judicial functions is a judge
for the purpose of this Code.
The
function of absolute immunity in the performance of
judicial duties is not to shield members of the judiciary from liability
for their own misconduct, but rather «to protect their offices from the deterrent effect of suit alleging improper motives where there has been no more than a mistake or a disagreement on the part of the complaining party with the decision made.»
Proposed
for the Exercise of those
Judicial Functions, the adequate Discharge of which by the whole House has,
for these six or seven Years, been rendered confessedly impracticable, by want of Time.
The new § 164.512 includes paragraphs on: Uses and disclosures required by law; uses and disclosures
for public health activities; disclosures about victims of abuse, neglect, or domestic violence; uses and disclosures
for health oversight activities; disclosures
for judicial and administrative proceedings; disclosures
for law enforcement purposes; uses and disclosures about decedents; uses and disclosures
for cadaveric donation of organs, eyes, or tissues; uses and disclosures
for research purposes; uses and disclosures to avert a serious threat to health or safety (which we had called «emergency circumstances» in the NPRM); uses and disclosures
for specialized government
functions (referred to as «specialized classes» in the NPRM); and disclosures to comply with workers» compensation laws.
Although there has been great debate as to the proper level of administrative independence that is required
for courts to comply with the requirements of section 11 d) of the Charter, the Supreme Court's objection to decree 2015 - 1071 seems to implicate that IT procurement falls within the definition of «matters of administration bearing directly on the exercise of [a court's]
judicial function», to quote justice Le Dain in Valente.
However,
judicial institutions will not
function effectively unless they command the respect of the public, and because of changes in human affairs and imperfections in human institutions, constant efforts must be made to improve the administration of justice and thereby maintain public respect
for it.
As Justice Hughes astutely observed, «-LSB-...] intervention into the law - making process would constitute undue
judicial interference on Parliament's law - making
function, thus compromising the sovereignty of Parliament» (Reasons
for Judgment at para. 71).
Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their
judicial functions, had no jurisdiction to try, convict, or sentence
for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service.
Three factors are relevant in determining whether a court should entertain a moot appeal: (i) the presence of an adversarial context that will ensure that the issues are well and fully argued; (ii) concern
for judicial economy; and (iii) awareness of the court's proper law - making
function: Borowski, pp. 358 - 363.
(1) The Chief Justice may arrange with the chief
judicial officer (however described) of another Australian court
for an officer or officers of that court to perform on behalf of the Court any or all of the following
functions:
The majority of Court held the procedure provided
for resulted in the position of the Federal Court Judge not being an independent one but rather «a position equivalent to that of a ministerial adviser» [43] and that this compromised «public confidence in the integrity of the judiciary as institution or in the capacity of the individual judge to perform his or her
judicial functions with integrity».
In particular, it recommends that such national legislation should authorise negotiations with Indigenous communities, where they so desire, on the transfer of legal jurisdiction in relation to juvenile justice, transfer of police or
judicial functions to the community, and adequate funding
for community programs and strategies.
Regarding the liability portion, the New York Supreme Court, Appellate Division, noted that «when a rational basis
for the conclusion approved by the DHR is found, the
judicial function is exhausted.»