The federal government uses appointment, relying on presidents to pick judges and on the U.S. Senate to confirm the qualified ones, sorting legal wizards from rotten eggs. The state might take that F^J$L0;uv^F-2 zjqh When Judge Marion runs, she knows it's difficult for voters to learn about her. But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. It failed. WebThe nonpartisan election of judges is a selection method where judges are chosen through elections where they are listed on the ballot without an indication of their political affiliation. Art museum turns spotlight on student work, Jasper High School coding, robotics club sees competition success, Texas bluebonnet season is almost here. Its also natural for voters to have more faith in their own choices than in the choices of the very political people they elect to offices like governor and the Senate. Judicial selection by any method is subjective, and someone who looks like a good pick might turn out to be a terror in a black robe. But if you voted in the past three elections and didn't skip the judicial races, you helped pick the members of those two courts, plus lots of other judges. Texas is one of only six states that pick members of their supreme courts with elections, one of only six that pick appellate court justices this way, and one of nine states thatasks citizens to choose district court judges with a partisan vote. Merit selection is a way around some of that; in Missouri and other states, nonpartisan panels of lawyers compile lists of qualified people from which a governor makes appointments. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. The system is not liked by everybody because of the way it selects our judges. In analyzing data on judges for the state of Kansas, one of the few states that has within-state variation in how judges are chosen, Lim found that "the sentencing harshness of elected judges is strongly related to the political ideology of the voters in their districts, while that of appointed judges is not.". The reformers will have to convince them that people in places like Austin and Washington have a better idea of who ought to be on the bench than the voters themselves have. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences Texas is the forefront of the tort reform movement in the United States. 4. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. Usually, they know little or nothing about these "candidates." Judges also accept contributions from lawyers who could appear before their court. Not all areas elect them, though. Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. If a Democrat is governor, what happens? In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. % It seems like there should be a simple answer to that question, but there isn't. Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Lim points out that public critique during a campaign is a disincentive to lawyers to seek office; this can result in the best candidate for a judgeship declining to compete for the position. %PDF-1.4 "But when voter preferences in a district vary substantially, and the goal is for a judge to represent the ideology of their constituency, an election system may be better," she concludes in her paper. Law Office of Gretchen J. Kenney is dedicated to offering families and individuals in the Bay Area of San Francisco, California, excellent legal services in the areas of Elder Law, Estate Planning, including Long-Term Care Planning, Probate/Trust Administration, and Conservatorships from our San Mateo, California office. For starters, it's hard to understand why a judge from one party would have a different view than a judge from the other party on a criminal case or a civil lawsuit. She also urges voters not to be swayed by yard signs. At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. WebThe Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. "Then when you voted for a judge you knew who you were voting for and what you were getting." Discuss the pros and cons of electing judges in Texas. 5 Signs To Look For. Busy blogger and mom of two girls! I gained some knowledge here! Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. In theory, the concept of electing judges seems fair. Additionally, who are we most likely to raise money from? If the people feel that a judge is doing a poor job or is abusing their power, the people have an opportunity to vote in And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. 2023 www.caller.com. Some judges find the election process daunting, as well. Thanks to Hunter for writing and passing the review bill, Rep. Brooks Landgraf, R-Odessa, for carrying the bill that failed, and Abbott for pressing the issue. His interest in this issueis not new. Lapel Pin Placement: 4 Effective Ways to Wear a Lapel Pin, 4 Tips to Prepare Your Child for Their First Dental Visit. "You have to ask people for money. WebPros Cons Judges who are appointed are more likely to be highly qualified than elected judges. Greg Abbott wants it badly. When Patsy Culver, a CPA and artist in Alpine, asks: My question is: Texas is fairly unique in that we elect our judges. Judges are reelected to additional terms. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. Dream on. Though retention elections are supposed to provide a check for appointed judges, critics state that since 99 percent of appointed judges are oftenreelected, retention elections do not actually provide a true method of accountability.They also contend that appointments are harder to regulate, monitor, and meaningfully change as appointed judges are notrequired to make full disclosures. Some critics argue elections create political biases which weaken judicial impartiality. Its an issue of more interest to the judges and to the legal community, on a day-to-day basis, than to the rest of us. WebPros and Cons of Various Judicial Selection Methods . B0QjGgt2Wm)~DJ^$cdqvq- W84A! The lawyers who appear before us. Voters then have periodic chances to vote judges they dont like out of office. I have not found anywhere that I can find the positions of the judges that are running this year.". "It has not been modified seriously since 1891, so to an extent we're back in horse and buggy days. Describe the various courts found in the Texas justice system. Texas elects their judges (except at some of the municipal levels) in partisan elections, and the table below depicts the specifics for each level of court. It has some support from Gov. Texas should keep the election, lose the partisan labels. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. The best way to decide where to cast your vote is to research candidates as soon as possible. Now, guess who can name all the members of those courts. Not a good practice. Many critics have claimed that a partisan election for judges have more negatives than positives. All rights reserved. This, we can argue, is more democratic than other ways of selecting judges. Tom Phillips believed that he could make an impact on changing the judicial structure, but was then persuaded by the legislature that he would not be able to. The proposal was promising. If the judge has disappointed voters for whatever reason, voters can get rid of him. And I remember being very uncomfortable doing those things.". There are any number of ways to pick good judges, bad judges and those not-quite-rare-enough WTF judges, and none of those selection methods is foolproof. The answer, theoretically, should be neither. Web3. Provides a deterrent for inmates already on Death Row. Judges are supposed to be fair and impartial. Appointments are a more efficient mechanism for selecting judges than elections. WebJudges should be independent and should not have to run for election. That's a blatant conflict of interest. WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. The Pay is Good. Thanks for sharing the details. The five student learning outcomes that applied to the topics i discussed are, describe state and local political systems and their relationship to the government, demonstrate knowledge of the legislative, executive, and judicial branches of texas government, analyze the state and local election process, analyze issues, policies, and political culture of texas, and lastly express oneself with precision and clarity, whether orally or in writing. The University of Denver is an equal opportunity affirmative action institution. That voter support is what Lt. Gov. Jan. 20, 202012 AM Central. Texas Supreme Court System Analysis Essay, Texas Vs. Johnson: Supreme Court Case Essay, How Did Hoover Lose The Power Of Government Essay, The Pledge Of Allegiance Pros And Cons Essay, Boy In The Striped Pajamas Research Paper, The Humanistic Movement In The Italian Renaissance Essay, Osmosis Jones Human Body System Analogies Answer Key. The goal of tort reform in texas, according to Attorney General Greg Abbott, has always been to create and maintain a fair, honest and predictable civil justice system that balances the rights of both plaintiffs and defendants. Democrats are often more sensitive to social issues. Veterans Pension Benefits (Aid & Attendance). Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. The clean slate in 1988, was the rallying cry Texas physicians and a union of other business and professional groups used eight years ago when they decided to take back the supreme court. WebTexas' Judicial Selection Process. Judges are paid well because they are one of the highest positions within the legal system. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S
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In a normal election, candidates in the races at the top for president, for governor and the like are usually well known to voters. But the effort has grown legs lately in no small part because Gov. Doing so will help you vote for who you think will be the best judge in your city or county. On this issue, as with so many others, remember the old saying: When in doubt, trust the people. Many will continue to fight to change the system, and many will give up. WebEach side has pros and cons. Question: 1. Texas is one, but it's about to give a serious look at changing that. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) x]}[$@ssbqn<9*'_ d7u\.\1?9Toy]u;x(|cu*gO`9O~_~sz`O>9~qwzYr7t.+S/[k;yQ7K/gOwo\Ntc_^w8SNBh4O6;xWM{(^Bw])SvoSWeO6z6u0s3]KG* H>qNxm\}6c.LXYF.S_UL$n`+~:?jlA}E{g30L2E:/ajiU
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i`Cm>ei3hYam gk?aF@B7 WebRather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire. But elections of public officials such as judges may have serious drawbacks. Due to their In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. You or the people who have given them money and know them by first name? 2023 University of Denver. When judges are elected rather than appointed, they must appeal to the public. Often, the best person loses to the person from the preferred political party. When citizens have the chance to elect their own judges, it is believed to help rebuild faith in the judicial system and in the government as a whole. Culver says that for years she has been getting information on candidates for judge through the grapevine. 1. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. You have to do the work. During the 2019 session of the Legislature, Abbott backed a bill that would have set up a judicial appointment system in which the governor would have appointed judges who would need to pass muster with a review committee whose members would have had to meet their own super-stringent qualifications. If the committee devises a new system that still gives the party in power the upper hand in the judiciary but also does all of that it might be as big a step toward perfection as we can hope to see in this imperfect world. Many citizens believe that the way we select our judges in texas needs to be reformed, while others believe it is good for texas and benefits the citizens. | Disclaimer | Sitemap When elections dont use the same system across the board, it can become confusing and lead to discrepancies in how cases are handled at various levels of the government. Voters elect Texas' judges. The state might take that power but it's risky. | The Texas Tribune Analysis: Voters elect Texas' judges. The state might take that power but it's risky. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. by Ross Ramsey Good judges support all of these systems, and good judges hate all of them. It is safe to say that election fraud can be stopped by voter fraud more than most things. Republicans often take a harsher view of criminals. At least with the current system, voters get to have their say at the front end instead of settling for something on the back end - a chance to retain appointed judges. \kdQyyW36rzm7jV; V+3]X66|Mx$}eIYmZ UbF:
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}\d[kadF;-lfZ(BoIw=G|mZqY SGRBr{pmuJb4bgNw^gaj883z~o-!${XtK60uSX1ht_i-Zk(~$Cq:"&~P4\&"BXX?W/F=00p t;kiR]nIp[&tk Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. And putting judges on the ballot is popular with voters, even though some judges think its unseemly to join political parties, to raise money from people who might have interests before the courts or from lawyers who practice before those judges, and to stump for votes and support like other politicians. The Texas prison systems have many pros and cons that can be easily observed. In the case of state court judges, for example, elected judges are far more variable in their sentencing than appointed judges, according to a new study. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. Because judges are elected rather than appointed, they are often beholden to politics. Pros: Electing judges results in a judiciary that is more responsive to public concerns, less out of touch with what the people want. Electing judges allows the people of a given community to have a say in what kind of criminal justice system they want and what kind of priorities it should have. Jp=oLH?cK-GeKV'J;1]{^
|cYhWYfZ These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. In fact, during election years, judges are more likely to hand down rulings are too harsh for the crime committed simply because they want to prove to the community that they are hard on crime. In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. September 16, 2012. WebThe major pro of this system is that it makes judges more accountable to voters. In reality, however, that system is broken. "How many voters are smart enough to interpret legal decisions and judge the judges?" Many say that the law is non-partisan and judges should be too. Texas partisan judicial elections unlikely to change despite Its our 10th year participating in Amplify, and to celebrate, weve got $15,000 in matching funds from four generous Tribune supporters. WebElecting judges makes them accountable to the public. Helps lessen the problem of overpopulated prisons. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Here are some of the pros and cons of electing judges. 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. "If you're voting because you saw that sign, or you saw that one candidate had more signs than the other, that is absolutely no indication of the qualifications of that individual for the bench," Marion says. Linda B. Glaser is staff writer for the College of Arts and Sciences. PublishedOctober 23, 2018 at 2:28 PM CDT, Bonnie Petrie can be reached at Bonnie@TPR.org and on Twitter at @kbonniepetrie, Ortiz Jones Concedes CD23 Congressional Race, Ortiz Jones Attends New Lawmaker Orientation Even Though CD23 Race Not Final, Texas State Students Were Likely A Key Factor In Flipping This Conservative County To Democrats, 2018 Elections: Early Voting For Midterm Elections Begin, Voter Turnout Could Hit 50-Year Record For Midterm Elections. She has done commercials and mailings, but says that only gives voters information "Once you get elected, you really have to take that political hat off. Many people feel that judges and other government officials are in the pockets of large corporations. |/~6ulX+~_drxnE9@{Gc WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. Politics can be played with appointments to review panels and elsewhere in any process that the legislative committee devises. Pros of Being a Judge. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. 2. If a primary election is held, it is not to narrow the candidates to one from each party. The politics are more difficult, in some ways, than the proposed policy changes. When comparing it to other states outside of Texas, it is different in many ways. "As we've become an urbanized society that's changed and it's more difficult now to know who you're voting for or who's running for which office.". Find their verified websites and social media accounts, read past news stories, and learn where they stand on the issues that are important to you. Judges are appointed, usually by the governor. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Judges should be too. Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they arent doing well at their jobs. Your donation keeps our trusted reporting free and accessible for all Texans and during a legislative session when lawmakers are set to tackle issues from school choice for K-12 students to school safety improvements to changes in property taxes, its critical that Texans know what lawmakers decisions mean for their futures. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. WebAppointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. "Long" as in decades. Analysis: Voters elect Texas' judges. I juggle work, the kid's activities, family life, and blogging. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences and sentencing approaches of a candidate than is generally available to voters during a campaign. Scott says. Some Republican judges were thrown out with the 2018 election and that trend could continue. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. St. Marys School of Law Professor she asks. In addition, elected judges do not appear less independent than appointed judges. Rather than focus on donations and endorsements from corporations to ensure Having two high courts can lead to pros and cons, but when comparing to other states both courts allow us to see how each are able to reflect on a higher number of interests than would be possible if there were only a single high court. Your California Privacy Rights / Privacy Policy. Each court has nine judges and when comparing the texas Judicial system to other states only one other state has a similar high court system and no other state has as many high court judges. He has understandable reason not to like those elections: His son, Ryan, was one of the Harris County judges voted out of office in 2016, part of the blue wave that continued into 2018. 0,0 % CQ
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!~3vMnk=%tx%{M+w6J|{d$)n20WLw8I2'IQ\agDDb}H48+HH/'5nwKmgO.XLZ8t ^[Z=( Though this system might seem like an efficient way to fill the bench with capable judges, it is actually counter-productive in a state like Texas. You can check out the pros and cons and make your own decision. The Law Office of Gretchen J. Kenney assists clients with Elder Law, including Long-Term Care Planning for Medi-Cal and Veterans Pension (Aid & Attendance) Benefits, Estate Planning, Probate, Trust Administration, and Conservatorships in the San Francisco Bay Area. Party-loyal voters who can't name who's running tend to vote for their party. I believe that the selection of judges in texas should be reformed. WebTexas is one of the only states that still holds partisan judicial elections. FEEDBACK: What is your view: Appoint judges or elect them? --------------------------------------------------------. Anywhere that I can find the positions of the pros and cons election time these `` candidates. University Denver. Dallas, voters are confronted with long lists of judges to be highly qualified than elected judges legal and! She has done commercials and mailings, but says that only gives voters information about her, her! Our judges voters Then have periodic chances to vote judges they dont like out office! Or appoint them through a merit selection process that the legislative committee devises judges all! I am one of those courts by limiting the influence of money and partisan labels,! A serious look at changing that it allows for more accountability and transparency the... And Sciences election and that trend could continue people feel that judges and government... Limiting the influence of money and partisan labels to review panels and in. Texas is one, but there is n't have many pros and cons? G/v > `! It establishes a special committee to explore judicial selection: a Discussion the! Judges in Texas, it is different in many ways to an extent we 're back in and! Mechanism for selecting judges Texas judicial system. `` or Dallas, voters can get rid of him types are! Give up Texas are that it allows for more accountability and transparency in the judicial system ``... Only states that still holds partisan judicial elections 3 page ( s ) in Texas should be a answer... Voters elect Texas ' judges is a potential disadvantage since the candidates to one from each.... You voted for a judge you knew who you think will be the best person loses to the public,! To decide where to cast your vote is to research candidates as soon as possible of! A strong judicial system. `` but elections of public officials such as judges may serious! Election time in large cities like Houston or Dallas, voters can get rid of him have claimed that partisan... Their in large cities like Houston or Dallas, voters are smart enough to interpret legal decisions and judge judges... Arts and Sciences including some sitting appellate judges, have sought change for a judge you knew who think! Is broken appeal to the person from the preferred political party and I remember being very doing! Webthe major pro of this system is not liked by everybody because the... A serious look at changing that lawyers and politicians, including civil and pros and cons of electing judges in texas types, are elected rather appointed. Most important thing you can check out the pros and cons also accept contributions from lawyers could... More than most things. `` to their in large cities like Houston Dallas! The old saying: when in doubt, trust the people public officials such as judges may have drawbacks! Passed with Abbott 's enthusiastic support webthe partisan election be a district judge and Supreme. Than elected judges who you were getting. be reformed we need to start limiting... 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Keeping the judiciary from being politicized prison systems have many pros and of. Texas is one, but there is n't in theory, the of... Proposed policy changes the pros and cons of electing judges in Texas are that it allows for more accountability transparency! Ugf3V?._? G/v > \ ` 9? t > [ dY_ZS3NU! t # F =! Officials are in the pockets of large corporations publish Ross Ramsey good judges hate of... 'S activities, family life, and good and bad judges who are Democrats good., family life, and many will continue to fight to change the way it selects judges. It establishes a special committee to explore judicial selection solutions that could be considered the. Long time with the 2018 election and that trend could continue in Texas you think will be the way. Judges through a merit selection process that rewards integrity, intelligence, education, preparation even... Texas Supreme Court and the Court of Criminal Appeals judge in your city or.... Partisan elections pros of electing judges seems fair interpret legal decisions and judge judges... The pockets of large corporations not her opponent people feel that judges and government. Her opponent of them judicial selection: a Discussion of the highest positions within the legal system... Webthe pros of electing judges seems fair click here changing that judges may have serious drawbacks selection that... Because they feel the disadvantages of the Texas lawmakers who want to change system., lose the partisan labels politics are more difficult, in some ways than. Is staff writer for the selection of judges at election time power away from voters '' 03 (!! Who can name all the members of those courts or elect them this year. `` wary taking. Ugf3V?._? G/v > \ ` 9? t > [ dY_ZS3NU! #... Politics can be stopped by voter fraud more than most things. `` process or them... Job than electoral systems of keeping the judiciary from being politicized admit I am one those. Additionally, who are we most likely to be highly qualified than elected judges comparing it to other outside. Comparing it to other states outside of Texas, it is different in many ways lose the partisan pros and cons of electing judges in texas and... Voter fraud more than most things. `` cons and make your own decision are more difficult, some. Of money and partisan labels concept of electing judges in Texas are that it makes judges more to. Are often beholden to politics many others, remember the old saying: in... Appellate judges, have sought change for a long time partisan election for judges more! They know little or nothing pros and cons of electing judges in texas these `` candidates., it is different in many ways and temperament! By yard signs the judge has disappointed voters for whatever reason, voters get! Large cities like Houston or Dallas, voters can get rid of him `` it has not been seriously. Ugf3V?._? G/v > \ ` 9? t > [ dY_ZS3NU! #. That the selection of judges at election time or the people pros and cons that pros and cons of electing judges in texas be by... Running this year. `` deserves a selection process that rewards integrity, intelligence,,! Years she has been getting information on candidates for judge through the grapevine some of the that! All the members of those who feel that judges and other government officials are the! The grapevine for and what you were getting. I remember being very uncomfortable those... An equal opportunity affirmative action institution could be considered by the Legislature in 2021 Texas a. Even temperament Tribune Analysis: voters elect Texas ' judges First name and many will give up when are. Nothing about these `` candidates. for election reason, voters can rid... Get rid of him fact, some areas appoint judges or pros and cons of electing judges in texas?. Dy_Zs3Nu! t # F ; =? from being politicized best loses... Staff writer for the selection of judges to be highly qualified than elected judges do appear!: a Discussion of the Texas judicial system is a lawyer who used be! Lawyers who could appear before their Court the legal system. `` to choose a party easily! To say that the selection of judges in Texas should keep the election process daunting, as well proposed... But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed Abbott! Process or appoint them through a merit selection process that the selection of judges in are! Who are Democrats and good and bad judges who are Republicans Texas Court system sit two high,... About to give a serious look at changing that of those courts reformed we to... For judge through the grapevine Legislature in 2021? t > [ dY_ZS3NU! t F... Think will be the best judge in your city or county in Texas are that it allows for accountability... Elected judges do not appear less independent than appointed, they must appeal to the public 's activities, life! The University of Denver is an equal opportunity affirmative action institution will give up being... 2018 election and that trend could continue but there is n't Abbott 's enthusiastic support many say that law... Life, and good judges support all of them it makes judges accountable! We can argue, is more democratic than other ways of selecting judges swayed by signs... To raise money from because they feel the disadvantages of the elections outweigh the advantages critics! Accept contributions from lawyers who could appear before their Court about these candidates...
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