The European Union Agency for Criminal Justice Cooperation ( Eurojust ) is an agency of the European Union (EU) dealing with judicial co-operation in criminal matters among agencies of the member states . It is seated in The Hague , Netherlands . Established in 2002, it was created to improve handling of serious cross-border and organised crime by stimulating investigative and prosecutorial co-ordination.
60-528: Eurojust is composed of a college formed of 27 national members—experienced judges , prosecutors , or police officers of equivalent competence from each EU member state. The terms and duties of the members are defined by the state that appoints them. Eurojust also co-operates with third states and other EU bodies such as the European Judicial Network , Europol and the OLAF . Eurojust was established as
120-646: A European Public Prosecutor ’s Office (EPPO) from Eurojust in order to combat crimes affecting the financial interests of the Union. The EPPO may be established by the Council, according to a special legislative procedure , acting unanimously and after obtaining the consent of the European Parliament. The Treaty provides also for the possibility to create it by enhanced co-operation established by at least nine Member States. The Stockholm Programme refers several times to
180-615: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of
240-566: A cooperation agreement with Eurojust on 5 April 2024. The Treaty on the Functioning of the European Union (TFEU) addresses several changes to Eurojust. Article 85 extends its scope to including serious crime not only affecting two or more member states, but also requiring prosecution on a common basis. The new wording of the Treaty mentions that by means of regulations adopted in accordance with
300-755: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,
360-450: A formal request from a court to a foreign court for some type of judicial assistance . The most common remedies sought by letters rogatory are service of process and taking of evidence. One reason why a court may require assistance from a foreign court is to obtain evidence from a witness. This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. Courts usually have
420-460: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and
480-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while
540-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit. 'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by
600-678: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,
660-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,
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#1732851507168720-591: A part of a panel of judges . In an adversarial system , the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court . The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions,
780-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess
840-545: A result of a decision that the European Council of Tampere (15-16 October 1999) made to set up a permanent judicial co-operation unit in order to improve the fight against serious crime. The Treaty of Nice amended the Treaty on the European Union to include a reference to Eurojust. On 14 December 2000, a precursor organization called Pro-Eurojust was created by the Council of the European Union to permit prosecutors to test
900-399: A specific purpose and limited time to carry out criminal investigations in one or more of the member states involved. JITs were established on the belief that cross-state teams of investigators and judicial authorities with clear legal authority and defined roles would improve the fight against organised crime. Eurojust has handled an increasingly heavy caseload since its creation. In 2002, it
960-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy
1020-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and
1080-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman
1140-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in
1200-511: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in
1260-810: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,
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#17328515071681320-527: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to
1380-532: The United Kingdom and the United States , neither of which had ratified the 1905 convention. The Hague Evidence Convention , ratified in 1970, formalised procedures for taking of evidence. It has been ratified by 43 states. For situations exclusively among member states of the European Union , two regulations ( 1348/2000 and 1206/2001 ) superseded the two Hague Conventions. The two regulations apply to each of
1440-866: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit. 'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit. 'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit. 'madam judge'). There
1500-399: The ordinary legislative procedure , the European Parliament and the Council shall determine Eurojust's structure, operation, field of action and tasks, which may include initiating criminal investigations or proposing the initiation of prosecutions, coordinating such investigations and prosecutions and strengthening judicial co-operation. Article 86 provides for the possibility of establishing
1560-816: The Administrative Director is responsible for the day-to-day management of Eurojust, including budget and staff management. The administrative organisation is composed of units, services and secretariats: the Accounting Office, Budget, Finance and Procurement Unit, College Secretariat, Corporate Communications Office, Data Protection Service, Events and Logistics Office, Human Resources Unit, Information Management Unit, Institutional Affairs Office, Legal Affairs Office, Operations Unit, Planning, Programming & Reporting Office and Security, Facility & General Services. Eurojust maintains cooperation agreements with 14 non-EU member states. The latest, Armenia , signed
1620-614: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that
1680-473: The EU Member States when dealing with cross-border crime. They may also assist investigations and prosecutions between a requesting Member State and a non-Member State where a co-operation agreement exists or where there is special need. Eurojust's tasks may vary depending on whether it is acting a college or through national members. Among other tasks, Eurojust may: As Eurojust is tasked with facilitating
1740-815: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized: faat3 gun1 daai6 jan4 , lit. 'Judge, your lordship') before
1800-636: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following
1860-1299: The Eurojust Decision, Eurojust may act when two or more Member states are affected crimes in which Europol is entitled to act, including organised crime , terrorism and other forms of serious crime ( unlawful drug trafficking , illegal moneylaundering activities, crime connected with nuclear and radioactive substances, illegal immigrant smuggling , trafficking in human beings , motor vehicle crime, murder , grievous bodily injury, illicit trade in human organs and tissue , kidnapping , illegal restraint and hostage taking, racism and xenophobia, organised robbery, illicit trafficking in cultural goods, including antiquities and works of art, swindling and fraud , racketeering and extortion, counterfeiting and product piracy , forgery of administrative documents and trafficking therein, forgery of money and means of payment, computer crime , corruption , illicit trafficking in arms , ammunition and explosives, illicit trafficking in endangered animal species, illicit trafficking in endangered plant species and varieties, environmental crime , illicit trafficking in hormonal substances and other growth promoters). It may also act on other types of crime if they are committed together with one of
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1920-786: The Eurojust processes. It began operating in Brussels on 1 March 2001. The terrorist attacks in the U.S. in September of that year demonstrated strongly the need for international cooperation, speeding the development of Eurojust, which was then established in February 2002 by Council Decision 2002/187/JHA. The new organization settled in The Hague on 29 April 2003. Since its establishment, Eurojust has focused heavily on forging international co-operation agreements and building international contact points, including
1980-616: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in
2040-577: The Strengthening of Eurojust was signed in July 2008 to enhance Eurojust's cooperation with partners and third States and to generally strengthen its operational capabilities. Council Decision 2002/187/JHA was completely replaced with Regulation (EU) 2018/1727 which entered into force on the twentieth day following the publication in the Official Journal of the European Union on the 21.11.2018. According to
2100-793: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in
2160-491: The above or if it is requested by a member state. In 2010, about 10% of the cases handled by Eurojust fell into this category. Eurojust's primary focus are on crimes that represent a "special threat" to citizens, such as terrorism, drug trafficking, trafficking in human beings, cybercrime, fraud, corruption, money laundering and other economic crime. Eurojust is not empowered to investigate or prosecute crimes, but instead works to coordinate investigations and prosecutions between
2220-469: The applicable courts, and they had to be transmitted via consular or diplomatic channels, which could make the whole process very slow. There have been various international conventions in regard to service of process and taking of evidence. One of the earliest conventions to simplify the procedure of letters rogatory was the 1905 Civil Procedure Convention , signed at The Hague . Drafted only in French , it
2280-491: The basing at Eurojust of several liaison prosecutors (Norway, Switzerland, Montenegro and the United States). In addition to these four nations, it has co-operation agreements with Europol, OLAF, CEPOL , the European Judicial Training Network, UNODC , IberRed, Croatia (before it entered the European Union on 1 July 2013, thus joining EUROJUST), Iceland, and North Macedonia . The New Council Decision on
2340-487: The basis of an assessment of the implementation of this instrument, new possibilities could be considered in accordance with the relevant provisions of the Treaty, including giving further powers to the Eurojust national members, reinforcement of the powers of the College of Eurojust or the setting-up of a European Public Prosecutor”. Judge A judge is a person who presides over court proceedings, either alone or as
2400-502: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as
2460-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of
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2520-470: The execution of letters rogatory and extradition requests , it also may act on European Arrest Warrants (EAW). When more than one EAW exists for one individual, Eurojust may advise the judicial authority that executes the EAW which should take priority and may also facilitate communication between the judicial authorities involved. It is also the body to which member states may report delays in execution of EAWs of
2580-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as
2640-744: The judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of
2700-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט , romanized : shofét , lit. 'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני/גבירתי , romanized: adoni/geverti ) or Your Honor (Hebrew: כבודו/כבודה , romanized: kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after
2760-567: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. Letters rogatory Letters rogatory or letters of request are
2820-478: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and
2880-511: The power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority. For example, Alice in the United States , could not summon Jean from France to the US courthouse. Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back to
2940-784: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when
3000-503: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In
3060-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or
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#17328515071683120-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder
3180-430: The reason for such delay. In 2010, a total of 280 cases concerning the execution of EAWs were registered at Eurojust, amounting to almost 20 per cent of all cases. Eurojust may also take part in a joint investigation team (JIT) or, on request of a member state, help establish one and/or assist in managing one administratively or by securing funding. Such teams are created on the agreement of two or more involved parties for
3240-517: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of
3300-475: The requesting court. Insofar as requests to US courts are concerned, the use of letters rogatory for requesting the taking of evidence has been replaced in large part by applications under 28 USC 1782, or Section 1782 Discovery . In many cases, the witness is willing to provide the testimony. However, the target court may compel the testimony of a witness who is unwilling to appear. In the past, letters rogatory could not usually be transmitted directly between
3360-594: The respective address. For example, Your Honor the Judge would be כבוד השופט ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit. ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if
3420-605: The role of Eurojust. In particular, it states that “in the field of judicial co-operation, the European Council emphasises the need for Member States and Eurojust to implement thoroughly Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust, which, together with the Lisbon Treaty, offers an opportunity for the further development of Eurojust in the coming years, including in relation to initiation of investigations and resolving conflicts of competence. On
3480-460: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized: faat3 gun1 gok3 haa6 , lit. 'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized: faat gun1 , lit. 'Judge') means the word "judge". In India , judges of the Supreme Court and
3540-426: Was contacted in 202 cases. In 2016, member states sought assistance with 2,306 new cases. The majority cases involve two member states; in 2010, one-fifth of the cases involved three or more countries. Eurojust also organised 249 co-ordination meetings between representatives of national authorities and EU bodies in 2016. The College of Eurojust is supported by the administration. As head of the Eurojust administration,
3600-523: Was ratified by only 22 countries. Later conventions, created after the institution of the Hague Conference on Private International Law , which was drafted in both English and French, commanded more support. The Hague Service Convention , ratified in 1965, enabled designated authorities in each of the signatory states to transmit documents for service to each other, bypassing the diplomatic route. This convention has been ratified by 60 states, including
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