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	<title>Comments on: Rerras and judicial selection</title>
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		<title>By: Judicial selection &#171; VIVIAN J. PAIGE</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-118711</link>
		<dc:creator><![CDATA[Judicial selection &#171; VIVIAN J. PAIGE]]></dc:creator>
		<pubDate>Mon, 25 Feb 2008 14:34:37 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-118711</guid>
		<description><![CDATA[[...] February 25th, 2008   Much discussion was had last year about the selection of judges in Virginia, particularly surrounding the selection in Norfolk. This year, the conversation has been a little under the radar [...]]]></description>
		<content:encoded><![CDATA[<p>[...] February 25th, 2008   Much discussion was had last year about the selection of judges in Virginia, particularly surrounding the selection in Norfolk. This year, the conversation has been a little under the radar [...]</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43084</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Wed, 14 Feb 2007 13:27:31 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43084</guid>
		<description><![CDATA[One word: &lt;b&gt;ethics&lt;/b&gt; Any code of ethics I&#039;ve ever seen references avoiding the appearance of impropriety.]]></description>
		<content:encoded><![CDATA[<p>One word: <b>ethics</b> Any code of ethics I&#8217;ve ever seen references avoiding the appearance of impropriety.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43079</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Wed, 14 Feb 2007 10:46:57 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43079</guid>
		<description><![CDATA[Why does everyone get hung up on &quot;appearances?&quot;

Elected officials make the decision.  What you call &quot;politics being involved&quot; I call &quot;people accountable to voters making decisions.&quot;

If you want to worry about appearances, how about the appearance that those the voters select being rubber stamps for appointed people?]]></description>
		<content:encoded><![CDATA[<p>Why does everyone get hung up on &#8220;appearances?&#8221;</p>
<p>Elected officials make the decision.  What you call &#8220;politics being involved&#8221; I call &#8220;people accountable to voters making decisions.&#8221;</p>
<p>If you want to worry about appearances, how about the appearance that those the voters select being rubber stamps for appointed people?</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43063</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Wed, 14 Feb 2007 00:14:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43063</guid>
		<description><![CDATA[Like the Bar Association, the citizen Panel would review the applicants and rank them. They serve in an advisory capacity, just like the Bar Associations do, but provide a different perspective on the candidates. 

I believe that is the premise behind the current CAP. The problem is that when the elected chooses the members of the CAP, you have the appearance of politics being involved. By allowing the sitting judges to choose the panel, at least the appearance would be removed. And like other panels that the judges select (at least the ones I&#039;ve served on), the membership list should be public. The secrecy surrounding the current CAP needs to be removed.]]></description>
		<content:encoded><![CDATA[<p>Like the Bar Association, the citizen Panel would review the applicants and rank them. They serve in an advisory capacity, just like the Bar Associations do, but provide a different perspective on the candidates. </p>
<p>I believe that is the premise behind the current CAP. The problem is that when the elected chooses the members of the CAP, you have the appearance of politics being involved. By allowing the sitting judges to choose the panel, at least the appearance would be removed. And like other panels that the judges select (at least the ones I&#8217;ve served on), the membership list should be public. The secrecy surrounding the current CAP needs to be removed.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43057</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 23:20:50 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43057</guid>
		<description><![CDATA[So, if the elected official still picks the judge, what does the panel do?]]></description>
		<content:encoded><![CDATA[<p>So, if the elected official still picks the judge, what does the panel do?</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43049</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 20:15:41 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43049</guid>
		<description><![CDATA[Brian - you&#039;re just trying to back out of your earlier statement.  You said: 
&lt;blockquote&gt;You think appointed people should redistrict. Appointed people should choose judges.

Here I am thinking it’s a good thing that the elected officials make the decision and not some panel that no voter has a say about.&lt;/blockquote&gt;

Yes, I read what you write.]]></description>
		<content:encoded><![CDATA[<p>Brian &#8211; you&#8217;re just trying to back out of your earlier statement.  You said: </p>
<blockquote><p>You think appointed people should redistrict. Appointed people should choose judges.</p>
<p>Here I am thinking it’s a good thing that the elected officials make the decision and not some panel that no voter has a say about.</p></blockquote>
<p>Yes, I read what you write.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-2/#comment-43047</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 18:55:33 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43047</guid>
		<description><![CDATA[I didn&#039;t say you said the Citizens Advisory Panel would pick the judges.  I said you&#039;d have appointed people picking the panel.

Do you read what I write?]]></description>
		<content:encoded><![CDATA[<p>I didn&#8217;t say you said the Citizens Advisory Panel would pick the judges.  I said you&#8217;d have appointed people picking the panel.</p>
<p>Do you read what I write?</p>
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		<title>By: James Young</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43044</link>
		<dc:creator><![CDATA[James Young]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 17:21:05 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43044</guid>
		<description><![CDATA[I guess my problem with that, VAB, is the First Amendment implications of such a rule.  That having been said, I&#039;ve been told --- don&#039;t know from too much experience --- that lawyers are notoriously cheap.  I can say with assurance that the two friends that I have who are Circuit Court judges made no such contributions.

I think that, before such a proposal is even floated, we would all need to see some figures to see if the proposal is a solution in search of a problem.]]></description>
		<content:encoded><![CDATA[<p>I guess my problem with that, VAB, is the First Amendment implications of such a rule.  That having been said, I&#8217;ve been told &#8212; don&#8217;t know from too much experience &#8212; that lawyers are notoriously cheap.  I can say with assurance that the two friends that I have who are Circuit Court judges made no such contributions.</p>
<p>I think that, before such a proposal is even floated, we would all need to see some figures to see if the proposal is a solution in search of a problem.</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43036</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 15:12:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43036</guid>
		<description><![CDATA[Um, Brian - where did I say the Citizens Advisory Panel was going to pick the judges?]]></description>
		<content:encoded><![CDATA[<p>Um, Brian &#8211; where did I say the Citizens Advisory Panel was going to pick the judges?</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43031</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 12:46:35 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43031</guid>
		<description><![CDATA[VAB...I&#039;d be fine with that.

Vivian, you come after me when I say &quot;Here I am thinking it’s a good thing that the elected officials make the decision and not some panel that no voter has a say about.&quot;

You say I&#039;m jumping to conclusions, and then post that you&#039;d rather have appointed people picking the panel.

Seems I was safe in the jump.]]></description>
		<content:encoded><![CDATA[<p>VAB&#8230;I&#8217;d be fine with that.</p>
<p>Vivian, you come after me when I say &#8220;Here I am thinking it’s a good thing that the elected officials make the decision and not some panel that no voter has a say about.&#8221;</p>
<p>You say I&#8217;m jumping to conclusions, and then post that you&#8217;d rather have appointed people picking the panel.</p>
<p>Seems I was safe in the jump.</p>
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		<title>By: VAB</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43028</link>
		<dc:creator><![CDATA[VAB]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 11:55:29 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43028</guid>
		<description><![CDATA[How about making it unethical, for lawyers at least, to accept campaign contributions from judicial nominees, or for judicial nominees to make such contributions, within two years of an appointment?  If there has already been such a contribution, require that it be returned, contributed to the General Fund, or contributed to a charity.  Otherwise, disqualify from appointment the attorneys  who have made these contributions.  It&#039;s either a conflict of interest, or the appearance of a conflict of interest, and can be regulated by the Virginia State Bar.]]></description>
		<content:encoded><![CDATA[<p>How about making it unethical, for lawyers at least, to accept campaign contributions from judicial nominees, or for judicial nominees to make such contributions, within two years of an appointment?  If there has already been such a contribution, require that it be returned, contributed to the General Fund, or contributed to a charity.  Otherwise, disqualify from appointment the attorneys  who have made these contributions.  It&#8217;s either a conflict of interest, or the appearance of a conflict of interest, and can be regulated by the Virginia State Bar.</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43015</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 04:25:30 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43015</guid>
		<description><![CDATA[I certainly hope that you are not referring to me, James, with your broad generalizations, since I was neither one of the perpetrators nor the initiators of the earlier wrongs. And I certainly did not benefit from that, either.

Brian - as for changes, let&#039;s start with the Citizens Advisory Panel, which is what prompted me to write this post in the first place (duh!). Why can&#039;t that panel be selected by, say, the judges already in place. (Not a novel idea, BTW. I have served on a couple of such panels.) 

Let me ask this: who would make the recommendation if Norfolk had &lt;b&gt;no&lt;/b&gt; representatives who were members of the majority party? If the answer is still the Norfolk members of the House, then I say why not include everybody in the process to start with? 

Again, it comes back to doing the people&#039;s business.]]></description>
		<content:encoded><![CDATA[<p>I certainly hope that you are not referring to me, James, with your broad generalizations, since I was neither one of the perpetrators nor the initiators of the earlier wrongs. And I certainly did not benefit from that, either.</p>
<p>Brian &#8211; as for changes, let&#8217;s start with the Citizens Advisory Panel, which is what prompted me to write this post in the first place (duh!). Why can&#8217;t that panel be selected by, say, the judges already in place. (Not a novel idea, BTW. I have served on a couple of such panels.) </p>
<p>Let me ask this: who would make the recommendation if Norfolk had <b>no</b> representatives who were members of the majority party? If the answer is still the Norfolk members of the House, then I say why not include everybody in the process to start with? </p>
<p>Again, it comes back to doing the people&#8217;s business.</p>
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		<title>By: James Young</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43010</link>
		<dc:creator><![CDATA[James Young]]></dc:creator>
		<pubDate>Tue, 13 Feb 2007 01:54:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43010</guid>
		<description><![CDATA[You&#039;re right, Vivian; two wrongs don&#039;t make a right.  But isn&#039;t it funny how the perpetrators/initiators of the wrongs are the ones who have now discovered that they were wrong?  Joe Kennedy, who as the first SEC Chairman promptly made illegal the tactics he used to get rich, comes to mind.

Of course, the dispute here is that I don&#039;t concede that Rerras was wrong.  And I am highly suspect of the wrongdoers suddenly &quot;getting religon&quot; on a topic about which they remained scrupulously silent when they were perpetrating the &quot;wrong.&quot;]]></description>
		<content:encoded><![CDATA[<p>You&#8217;re right, Vivian; two wrongs don&#8217;t make a right.  But isn&#8217;t it funny how the perpetrators/initiators of the wrongs are the ones who have now discovered that they were wrong?  Joe Kennedy, who as the first SEC Chairman promptly made illegal the tactics he used to get rich, comes to mind.</p>
<p>Of course, the dispute here is that I don&#8217;t concede that Rerras was wrong.  And I am highly suspect of the wrongdoers suddenly &#8220;getting religon&#8221; on a topic about which they remained scrupulously silent when they were perpetrating the &#8220;wrong.&#8221;</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-43002</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 21:05:19 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-43002</guid>
		<description><![CDATA[Well, what &quot;changes&quot; are you advocating?]]></description>
		<content:encoded><![CDATA[<p>Well, what &#8220;changes&#8221; are you advocating?</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42999</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 20:37:48 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42999</guid>
		<description><![CDATA[Hmm - jumping to conclusions again, Brian? Where did I say anything about an appointed person making the decision over an elected one? You really love to make leaps - hope you look first.]]></description>
		<content:encoded><![CDATA[<p>Hmm &#8211; jumping to conclusions again, Brian? Where did I say anything about an appointed person making the decision over an elected one? You really love to make leaps &#8211; hope you look first.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42998</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 20:34:28 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42998</guid>
		<description><![CDATA[It&#039;s amazing that your think an appointed person makes a better choice than someone the people elect would.

You think appointed people should redistrict.  Appointed people should choose judges.  

Here I am thinking it&#039;s a good thing that the elected officials make the decision and not some panel that no voter has a say about.

Thanks for convincing me how bad of an idea democracy is.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s amazing that your think an appointed person makes a better choice than someone the people elect would.</p>
<p>You think appointed people should redistrict.  Appointed people should choose judges.  </p>
<p>Here I am thinking it&#8217;s a good thing that the elected officials make the decision and not some panel that no voter has a say about.</p>
<p>Thanks for convincing me how bad of an idea democracy is.</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42994</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 19:56:55 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42994</guid>
		<description><![CDATA[I&#039;ll say again: two wrongs don&#039;t make a right. The Democrats were wrong and now the Republicans are. So who is going to have the guts to just do the right thing?]]></description>
		<content:encoded><![CDATA[<p>I&#8217;ll say again: two wrongs don&#8217;t make a right. The Democrats were wrong and now the Republicans are. So who is going to have the guts to just do the right thing?</p>
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		<title>By: Brian Kirwin</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42992</link>
		<dc:creator><![CDATA[Brian Kirwin]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 19:48:55 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42992</guid>
		<description><![CDATA[Isn&#039;t it funny how many changes Democrats want to make to a system they thought was just fine when they were in charge.]]></description>
		<content:encoded><![CDATA[<p>Isn&#8217;t it funny how many changes Democrats want to make to a system they thought was just fine when they were in charge.</p>
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		<title>By: vjp</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42991</link>
		<dc:creator><![CDATA[vjp]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 19:41:23 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42991</guid>
		<description><![CDATA[Two wrongs never make a right.]]></description>
		<content:encoded><![CDATA[<p>Two wrongs never make a right.</p>
]]></content:encoded>
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		<title>By: James Young</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42988</link>
		<dc:creator><![CDATA[James Young]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 17:47:42 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42988</guid>
		<description><![CDATA[And you Democrats (like Mason?) are now interested in &quot;changes&quot; because?

Actually, one significant change that has occurred is that local &quot;non-partisan&quot; bar associations are not permitted virtual carte blanche in the judicial nominating process.  GOP legislators have frequently looked beyond those recommendations to pick well-qualified candidates to break the virtual stranglehold that Dems have had on the Virginia bench for decades.

Of course, local bar associations are just about as &quot;non-partisan&quot; as I am.

The only &quot;scandal&quot; here is that the process is now &quot;partisan&quot; in a way that Dems don&#039;t like.  And I suspect that it&#039;s not nearly so &quot;partisan&quot; as it was when Dems were in control of the legislature.]]></description>
		<content:encoded><![CDATA[<p>And you Democrats (like Mason?) are now interested in &#8220;changes&#8221; because?</p>
<p>Actually, one significant change that has occurred is that local &#8220;non-partisan&#8221; bar associations are not permitted virtual carte blanche in the judicial nominating process.  GOP legislators have frequently looked beyond those recommendations to pick well-qualified candidates to break the virtual stranglehold that Dems have had on the Virginia bench for decades.</p>
<p>Of course, local bar associations are just about as &#8220;non-partisan&#8221; as I am.</p>
<p>The only &#8220;scandal&#8221; here is that the process is now &#8220;partisan&#8221; in a way that Dems don&#8217;t like.  And I suspect that it&#8217;s not nearly so &#8220;partisan&#8221; as it was when Dems were in control of the legislature.</p>
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		<title>By: Jim Hoeft</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42987</link>
		<dc:creator><![CDATA[Jim Hoeft]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 16:49:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42987</guid>
		<description><![CDATA[Jack,
It&#039;s not just Republicans.  This is an issue of majority power...even if the Libertarians or the Greens were in control, this would still be an issue.

I hate to say the Democrats started it, but they did.  So going back to them is going to make it better?

No, we need to make changes in the system.  How to go about it is a question.  Referendum?]]></description>
		<content:encoded><![CDATA[<p>Jack,<br />
It&#8217;s not just Republicans.  This is an issue of majority power&#8230;even if the Libertarians or the Greens were in control, this would still be an issue.</p>
<p>I hate to say the Democrats started it, but they did.  So going back to them is going to make it better?</p>
<p>No, we need to make changes in the system.  How to go about it is a question.  Referendum?</p>
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		<title>By: JACK STILES</title>
		<link>http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/comment-page-1/#comment-42978</link>
		<dc:creator><![CDATA[JACK STILES]]></dc:creator>
		<pubDate>Mon, 12 Feb 2007 15:26:18 +0000</pubDate>
		<guid isPermaLink="false">http://blog.vivianpaige.com/2007/02/12/rerras-and-judicial-selection/#comment-42978</guid>
		<description><![CDATA[once again the point is made state GOP is out of controll, back to basics 101 give power back to the people, let us all give the state GOP a wake up call this election year, can someone please send me contact information on who is running on the dem. side for state senate norfolk,VA. i would like to help. jackhstiles@msn.com]]></description>
		<content:encoded><![CDATA[<p>once again the point is made state GOP is out of controll, back to basics 101 give power back to the people, let us all give the state GOP a wake up call this election year, can someone please send me contact information on who is running on the dem. side for state senate norfolk,VA. i would like to help. <a href="mailto:jackhstiles@msn.com">jackhstiles@msn.com</a></p>
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