Sentences with phrase «require appellate judges»

Oklahoma's Senate Judiciary Committee has approved five measures that would replace commission - based appointment of appellate judges with contested elections, limit the role of the judicial nominating commission in identifying the best qualified applicants, allow the governor to replace some lawyer members of the commission, and require appellate judges to get 60 percent «yes» votes to be retained.

While effectively every state requires appellate judges be attorney s, no state requires prior judicial experience.

HB 1767 Requires all appellate judges be elected via contested elections unless November 2014 constitutional amendment providing for different system approved by voters.

I worried, then, about the loss of transparency and accountability that would result from requiring appellate judges, including those of the Supreme Court itself, to defer to trial - level fact - finding, including in the area of «legislative facts» consisting largely of complex social science evidence.

Not exact matches

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

The appellate court judges are required to presume the jury's decisions at trial were correct — as long as the record on appeal contains evidence to support the jury's verdict.

The 2003 version of Family Proceedings Rules 1991, r 8.1 (3) requires that the judge, as appellate tribunal, «be limited to a review of the decision or order of the district judge», save where the «judge considers that... it would be in the interests of justice to hold a rehearing» — as happened, for example in R v R (Lump Sum Repayments)[2003] EWHC 3197 (Fam), [2004] 1 FLR 928, where Mr Justice Wilson (as he then was) decided that the evidence before the district judge needed to be revisited by him.

The appellate court found the judge's reasoning to be flawed because the Arizona Child Support Guidelines do not require an agreement between the parents to include private school expenses in the calculation of child support.

The resolution expresses the CBA's view that to achieve «a reconciliation of the prior occupation of Canada by Indigenous societies with the subsequent assertion of Crown sovereignty» as required by s. 35 of the Constitution Act, 1982, an effort must be made to appoint aboriginal judges to appellate level Canadian courts, including the Supreme Court of Canada.

Litigating at the appellate level also requires an equally adept ability to persuade judges on the facts.

The bill would require recusal by any judge or justice «when a party or party's attorney to the proceeding before the judge was a member of the appellate judicial commission or a circuit judicial commission who nominated the judge.»

I mentioned in December 2012 that Texas legislators had prefiled a bill (HB 129 of 2013) to require judges of state's top appellate courts (Supreme Court and Court of Criminal Appeals) recuse if a party, attorney, firm, etc. contributed $ 2,500 or more to judge's campaign in last four years.

In general as the majority notes (at para 57), the current law «requires that appellate courts accord a high degree of deference to a trial judge's particular interpretation of a contract.»

Kentucky: The state in 1975 adopted an entirely new constitution that requires nonpartisan election of appellate judges (Sec. 117)

Georgia: The state in 1983 adopted an entirely new constitution that requires nonpartisan election of appellate judges (Art.

«The mandate of the appellate court is to determine the correctness of the trial decision, and a functional test requires that the trial judge's reasons be sufficient for that purpose.

(1) is not required to comply with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.

Karnow also wrote a published paper on bail reform that has been quoted widely in appellate and federal decisions requiring trial judges to consider a defendant's ability to pay in setting bail — an issue of great concern for citizens of color and LGBT people, many of whom lack the resources to post high bail amounts.

Perhaps this means that what is needed is for some inventive counsel to convince an appellate court to misuse an SCC decision, as plaintiff's counsel did with Walker Estate in Resurfice; or, for a trial judge or appellate court to accept, as I point out in the paper, that the SCC jurisprudence requires the conclusion that, in Canadian negligence law, events may occur without having causes (and not just in Stoner, B.C.).