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Q: How do I normalize data in a database? I'm in an intro to database management course and we're learning about normalizing data (1NF, 2NF, 3NF, etc.) and I'm super confused on how to actually go about and do it. I've read up on this, consulted various sites and youtube videos and I still can't seem to get it to click. I am using Microsoft Access 2013 if that's of any help.

This is the data I'm working with.
Thanks.
Edit1: Alright, I think I have the tables set up correctly. But now I'm having trouble actually inputting data to go from one table to the next. Here's my relationship table.

A: On a very basic level, any repeating values in a table are candidates for normalization.  Duplicated data is usually a bad idea.  Say you needed to update a patient's surname - you now have to update all the occurrences in this table, and possibly many others throughout the rest of the database.  Much better to store each patient's details in one place only.
This is where normalization comes in.  Looking down the columns, you can see that there are repeating values for data about dentists, patients and surgeries, so we should normalize towards having tables for each of these entities, as well as the original table that contains appointments, giving you four tables in total.
Extract the entities out into their own tables, and give each row a primary (unique) key - just use an incrementing integer for now. (Edit: as suggested in the comment we could use the natural keys of PatientNo, StaffNo and SurgeryNo instead of creating surrogates.)
Then, instead of each patient's name and number appearing multiple times in the appointments table, we just reference the key of the master record in the Patient table.  This is called a foreign key.
Then, do the same for Dentist and Surgery.
You will end up with tables looking something like this:
APPOINTMENT

AppointmentID  DentistID  PatientID  AppointmentTime   SurgeryID
----------------------------------------------------------------
1              1          1          12 Aug 03 10:00   1
2              1          2          ...               2
3              2          3          ...               1
4              2          3          ...               1
5              3          2          ...               2
6              3          4          ...               3

DENTIST

DentistID  Name             StaffNo
--------------------------------------
1          Tony Smith       S1011
2          Helen Pearson    S1024
3          Robin Plevin     S1032

PATIENT

PatientID  Name              PatientNo
---------------------------------------
1          Gillian White     P100
2          Jill Bell         P105
3          Ian MackKay       P108
4          John Walker       P110

SURGERY

SurgeryID  SurgeryNo
-------------------------
1          S10
2          S15
3          S13

A: The first step is to data modelling and denormalization is to understand your data. Study it an understand the domain "objects" or tables that exist within your model. That will give you an idea of how to start. Sometimes a single table or query sample is not enough to fully understand the database, but in your case, we can use the sample data and make some assumptions.
Secondly, look for repeated / redundant data. If you see copies of names, there is a good chance that is a candidate for a foreign key. Our assumption tells us that STAFF_NO is a primary key candidate for DENTIST because each unique STAFF_NO correlates to a unique DENTIST_NAME, so I see a good candidate DENTIST table (STAFF_NO, DENTIST_NAME)
Example in some table of SURGERY:
ID     STAFF_NO    DENTIST_NAME
1      1           Fred Sanford
2      1           Fred Sanford
3      3           Lamont Sanford
4      3           Lamont Sanford

Why store these over and over? What happens when Fred says "But my correct name is Fred G Sanford", so you have to update your database. In the current table, you have to update the name is many rows. If you had normalized it, you'd have a single location for the name, in the DENTIST table.
So I can take the unique dentists and store them in DENTIST
create table DENTIST(staff_no integer primary key, dentist_name varchar(100));

-- One possible way to populate our dentist table is to use a distinct query from surgery

insert into DENTIST
    select distinct staff_no, dentist_name from surgery;

STAFF_NO    DENTIST_NAME
1           Fred Sanford
3           Lamont Sanford

SURGERY table now points to DENTIST table
ID     STAFF_NO
1      1
2      1
3      3
4      3

And you can now create a view, VIEW_SURGERY to join the DENTIST_NAME back in to satisfy the needs of typical queries.
select s.id, d.staff_no, d.dentist_name
  from surgery s join dentist d
    on s.staff_no = d.staff_no   -- join here

So now a unique update to DENTIST, by the dentist primary key will update a single row.
update dentist set name = 'Fred G Sanford' where staff_no = 1;

Add query view will show the updated name for N rows:
select * from view_surgery

ID     STAFF_NO    DENTIST_NAME
1      1           Fred G Sanford
2      1           Fred G Sanford
3      3           Lamont Sanford
4      3           Lamont Sanford

In short, you are removing redundancy.
This is just a sample, and one way to do it. Manual normalization like this is not as common when you have modelling tools, but the point is, we can look at data, spot redundancies and factor those redundancies into new tables, and relate those new tables by foreign keys and joins, then build views to represent the original data.

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text:
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#define OUTPUTPATCH_TEST_H

#include <QObject>

class Doc;

class OutputPatch_Test : public QObject
{
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private slots:
    void initTestCase();
    void cleanupTestCase();

    void defaults();
    void patch();
    void dump();

private:
    Doc* m_doc;
};

#endif

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text:
Strasbourg, 23 November 2001 CCJE (2001) OP N°1
[ccje/docs2001/ccje(2001)op n°1e]
Consultative Council of European Judges
(CCJE)
OPINION No 1 (2001)
OF THE CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE)
FOR THE ATTENTION OF THE COMMITTEE OF MINISTERS
OF THE COUNCIL OF EUROPE
ON STANDARDS
CONCERNING THE INDEPENDENCE OF THE JUDICIARY
AND THE IRREMOVABILITY OF JUDGES
(RECOMMENDATION No. R (94) 12
ON THE INDEPENDENCE, EFFICIENCY AND ROLE OF JUDGES
AND THE RELEVANCE OF ITS STANDARDS AND ANY OTHER INTERNATIONAL STANDARDS TO CURRENT PROBLEMS IN THESE FIELDS)
1. The Consultative Council of European Judges (CCJE) has drawn up this opinion on the basis of the responses of States to a questionnaire, texts prepared by the Working Party of the CCJE and texts prepared by the Chair and Vice Chair of the CCJE and the specialist of the CCJE on this topic, Mr Giacomo OBERTO (Italy).
2. The material made available to the CCJE includes a number of statements, more or less official, of principles regarding judicial independence.
3. One may cite as particularly important formal examples:
· UN basic principles on the independence of the judiciary (1985),
· Recommendation No. R (94) 12 of the Committee of Ministers of the Council of Europe to Member States on the independence, efficiency and role of judges.
4. Less formal developments have been:
· The European Charter on the Statute for Judges adopted by participants from European countries and two judges' international associations meeting in Strasbourg on 8-10 July 1998, supported by the meeting of the Presidents of the Supreme Courts of Central and Eastern European countries in Kyiv on 12-14 October 1998, and again by judges and representatives from Ministries of Justice from 25 European countries meeting in Lisbon on 8-10 April 1999,
· Statements by delegates of High Councils of Judges, or judges' associations, such as those made at a meeting in Warsaw and Slok on 23-26 June 1997.
5. Other material mentioned during the CCJE's discussions includes:
· Beijing Statement on principles of the independence of the judiciary in the Lawasia Region (August 1997), now signed by 32 Chief Justices of that region,
· The Latimer House Guidelines for the Commonwealth (19 June 1998), the outcome of a colloquium attended by representatives of 23 Commonwealth countries or overseas territories and sponsored by Commonwealth judges and lawyers with support from the Commonwealth Secretariat and the Commonwealth Office.
6. Throughout the CCJE discussions, members of the CCJE emphasised that what is critical is not the perfection of principles and, still less, the harmonisation of institutions; it is the putting into full effect of principles already developed.
7. The CCJE also considered whether improvements or further developments of existing general principles may be appropriate.
8. The purpose of this opinion is to look in greater detail at a number of the topics discussed and to identify the problems or points concerning the independence of judges that would benefit from attention.
9. It is proposed to take the following topic headings:
· The rationale of judicial independence
· The level at which judicial independence is guaranteed
· Basis of appointment or promotion
· The appointing and consultative bodies
· Tenure - period of appointment
· Tenure - irremovability and discipline
· Remuneration
· Freedom from undue external influence
· Independence within the judiciary
· The judicial role
In the course of looking at these topics, the CCJE has sought to identify certain examples of difficulties regarding or threats to independence which came to its attention. Further, it has identified the importance of the principles under discussion to (in particular) the arrangements and practice regarding the appointment and re-appointment of judges to international courts. This topic is dealt with in paragraphs 52, 54-55).
The rationales of judicial independence
10. Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. Judges are "charged with the ultimate decision over life, freedoms, rights, duties and property of citizens" (recital to UN basic principles, echoed in Beijing declaration; and Articles 5 and 6 of the European Convention on Human Rights). Their independence is not a prerogative or privilege in their own interests, but in the interests of the rule of law and of those seeking and expecting justice.
11. This independence must exist in relation to society generally and in relation to the particular parties to any dispute on which judges have to adjudicate. The judiciary is one of three basic and equal pillars in the modern democratic state[1]. It has an important role and functions in relation to the other two pillars. It ensures that governments and the administration can be held to account for their actions, and, with regard to the legislature, it is involved in ensuring that duly enacted laws are enforced, and, to a greater or lesser extent, in ensuring that they comply with any relevant constitution or higher law (such as that of the European Union). To fulfil its role in these respects, the judiciary must be independent of these bodies, which involves freedom from inappropriate connections with and influence by these bodies[2]. Independence thus serves as the guarantee of impartiality[3].This has implications, necessarily, for almost every aspect of a judge's career: from training to appointment and promotion and to disciplining.
12. Judicial independence presupposes total impartiality on the part of judges. When adjudicating between any parties, judges must be impartial, that is free from any connection, inclination or bias, which affects - or may be seen as affecting - their ability to adjudicate independently. In this regard, judicial independence is an elaboration of the fundamental principle that "no man may be judge in his own cause". This principle also has significance well beyond that affecting the particular parties to any dispute. Not merely the parties to any particular dispute, but society as a whole must be able to trust the judiciary. A judge must thus not merely be free in fact from any inappropriate connection, bias or influence, he or she must also appear to a reasonable observer be free therefrom. Otherwise, confidence in the independence of the judiciary may be undermined.
13. The rationale of judicial independence, as stated above, provides a key by which to assess its practical implications – that is, the features which are necessary to secure it, and the mean by which it may be secured, at a constitutional or lower legal level[4], as well as in day-to-day practice, in individual states. The focus of this opinion is upon the general institutional framework and guarantees securing judicial independence in society, rather than upon the principle requiring personal impartiality (both in fact and appearance) of the judge in any particular case. Although there is an overlap, it is proposed to address the latter topic in the context of the CCJE's examination of judicial conduct and standards of behaviour.
The level at which judicial independence is guaranteed
14. The independence of the judiciary should be guaranteed by domestic standards at the highest possible level. Accordingly, States should include the concept of the independence of the judiciary either in their constitutions or among the fundamental principles acknowledged by countries which do not have any written constitution but in which respect for the independence of the judiciary is guaranteed by age-old culture and tradition. This marks the fundamental importance of independence, whilst acknowledging the special position of common law jurisdictions (England and Scotland in particular) with a long tradition of independence, but without written constitutions.
15. The UN basic principles provide for the independence of the judiciary to be "guaranteed by the State and enshrined in the Constitution or the law of the country". Recommendation No. R (94) 12 specifies (in the first sentence of Principle I.2) that "The independence of judges shall be guaranteed pursuant to the provisions of the [European] Convention [on Human Rights] and constitutional principles, for example by inserting specific provisions in the constitutions or other legislation or incorporating the provisions of this recommendation in internal law".
16. The European Charter on the statute for judges provides still more specifically: "In each European State, the fundamental principles of the statute for judges are set out in internal norms at highest level, and its rules in norms at least at the legislative level". This more specific prescription of the European Charter met with the general support of the CCJE. The CCJE recommends its adoption, instead of the less specific provisions of the first sentence of Principle I.2 of Recommendation No. R (94) 12.
Basis of appointment or promotion
17. The UN basic principles state (paragraph 13): "Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience". Recommendation No. R (94) 12 is also unequivocal: "All decisions concerning the professional career of judges should be based on objective criteria, and the selection and career of judges should be based on merit, having regard to qualifications, integrity, ability and efficiency". Recommendation No. R (94) 12 makes clear that it is applicable to all persons exercising judicial functions, including those dealing with constitutional, criminal, civil, commercial and administrative law matters (as well as in most respects to lay judges and other persons exercising judicial functions). There is, therefore, general acceptance both that appointments should be made "on the merits" based on "objective criteria" and that political considerations should be inadmissible.
18. The central problems remain (a) of giving content to general aspirations towards "merits-based" appointments and "objectivity" and (b) of aligning theory and reality. The present topic is also closely linked with the next two topics (The appointing body and Tenure).
19. In some countries there is, constitutionally, a direct political input into the appointment of judges. Where judges are elected (either by the people as at the Swiss cantonal level, or by Parliament as at the Swiss federal level, in Slovenia and "the former Yugoslav Republic of Macedonia" and in the case of the German Federal Constitutional Court and part of the members of the Italian Constitutional Court), the aim is no doubt to give the judiciary in the exercise of its functions a certain direct democratic underpinning. It cannot be to submit the appointment or promotion of judges to narrow party political considerations. Where there is any risk that it is being, or would be used, in such a way, the method may be more dangerous than advantageous.
20. Even where a separate authority exists with responsibility for or in the process of judicial appointment or promotion, political considerations are not, in practice, necessarily excluded. Thus, in Croatia, a High Judiciary Council of 11 members (seven judges, two attorneys and two professors) has responsibility for such appointments, but the Minister of Justice may propose the 11 members to be elected by the House of Representatives of the Croatian Parliament and the High Judiciary Council has to consult with the judiciary committee of the Croatian Parliament, controlled by the party forming the Government for the time being, with regard to any such appointments. Although Article 4 of the amended Croatian Constitution refers to the principle of separation of powers, it also goes on to state that this includes "all forms of mutual co-operation and reciprocal control of power holders", which certainly does not exclude political influence on judicial appointments or promotion. In Ireland, although there is a judicial appointments commission[5], political considerations may still determine which of rival candidates, all approved by the commission, is or are actually appointed by the Minister of Justice (and the commission has no role in relation to promotions).
21. In other countries, the systems presently in place differ between countries with a career judiciary (most civil law countries) and those where judges are appointed from the ranks of experienced practitioners (e.g. common law countries, like Cyprus, Malta and the UK, and other countries like Denmark).
22. In countries with a career judiciary, the initial appointment of career judges normally depends upon objective success in examination. The important issues seem to be (a) whether competitive examination can suffice - should not personal qualities be assessed and practical skills be taught and examined? (b) whether an authority independent of the executive and legislature should be involved at this stage – in Austria, for example Personalsenates (composed of five judges) have a formal role in recommending promotions, but none in relation to appointments.
23. By contrast, where judges are or may be appointed from the ranks of experienced practitioners, examinations are unlikely to be relevant and practical skills and consultation with other persons having direct experience of the candidate are likely to be the basis of appointment.
24. In all the above situations, it is suggested that objective standards are required not merely to exclude political influence, but for other reasons, such as the risk of favouritism, conservatism and cronyism (or "cloning"), which exist if appointments are made in an unstructured way or on the basis of personal recommendations.
25. Any "objective criteria", seeking to ensure that the selection and career of judges are "based on merit, having regard to qualifications, integrity, ability and efficiency", are bound to be in general terms. Nonetheless, it is their actual content and effect in any particular state that is ultimately critical. The CCJE recommended that the authorities responsible in member States for making and advising on appointments and promotions should now introduce, publish and give effect to objective criteria, with the aim of ensuring that the selection and career of judges are "based on merit, having regard to qualifications, integrity, ability and efficiency". Once this is done, those bodies or authorities responsible for any appointment or promotion will be obliged to act accordingly, and it will then at least be possible to scrutinize the content of the criteria adopted and their practical effect.
26. The responses to questionnaires indicate a widespread lack of any or any such published criteria. General criteria have been published by the Lord Chancellor in the UK, and the Scottish executive has issued a consultation document. Austrian law defines criteria for promotion. Many countries simply rely on the integrity of independent councils of judges responsible for appointing or recommending appointments, e.g. Cyprus, Estonia. In Finland, the relevant advisory board compares the candidates' merits and its proposal of any appointment includes the reasons for its decision. Likewise in Iceland, the Selection Committee[6] provides the Minister for Justice with a written appraisal of applicants for district judgeships, while the Supreme Court advises on competence for appointment to the Supreme Court. In Germany, at both federal and Land level, councils for judicial appointments may be responsible for delivering written views (without detailed reasons) on the suitability of candidates for judicial appointment and promotion, which do not bind the Minister of Justice, but which may lead to (sometimes public) criticism if he or she does not follow them. The giving of reasons might be regarded as a healthy discipline and would be likely to give insight to the criteria being applied in practice, but countervailing considerations may also be thought to militate against the giving of reasons in individual cases (e.g. the sensitivity of the judgment between closely comparable candidates and privacy with regard to sources or information).
27. In Lithuania, although no clear criteria governing promotion exist, the performance of district judges is monitored by a series of quantitative and qualitative criteria based mainly on statistics (including statistics relating to reversals on appeal), and is made the subject of reports to the Courts Department of the Ministry of Justice. The Minister of Justice has only an indirect role in selection and promotion. But the monitoring system has been "strictly criticised" by the Lithuanian Association of Judges. Statistical data have an important social role in understanding and improving the workings and efficiency of courts. But they are not the same as objective standards for evaluation, whether in respect of appointment to a new post or promotion or otherwise. Great caution is required in any use of statistics as an aid in this context.
28. In Luxembourg, promotion is said to be based normally on the seniority principle. In the Netherlands there are still elements of the early seniority system, and in Belgium and Italy objectively defined criteria of seniority and competence determine promotion. In Austria, in relation to the recommendations for promotion made by the Personalsenates (composed of five judges) to the Minister of Justice, the position by law is that seniority is considered only in case of equal professional ability of candidates.
29. The European Charter on the statute for judges addresses systems for promotion "when it is not based on seniority" (paragraph 4.1.), and the Explanatory Memorandum notes that this is "a system which the Charter did not in any way exclude because it is deemed to provide very effective protection for independence". Although adequate experience is a relevant pre-condition to promotion, the CCJE considered that seniority, in the modern world, is no longer generally[7] acceptable as the governing principle determining promotion. The public has a strong interest not just in the independence, but also in the quality of its judiciary, and, especially in times of change, in the quality of the leaders of its judiciary. There is a potential sacrifice in dynamism in a system of promotion based entirely on seniority, which may not be justified by any real gain in independence. The CCJE considered however that seniority requirements based on years of professional experience can assist to support independence.
30. In Italy and to some extent Sweden, the status, function and remuneration of judges have been uncoupled. Remuneration follows, almost automatically, from seniority of experience and does not generally vary according to status or function. Status depends on promotion but does not necessarily involve sitting in any different court. Thus, a judge with appellate status may prefer to continue to sit at first instance. In this way the system aims to increase independence by removing any financial incentive to seek promotion or a different function.
31. The CCJE considered the question of equality between women and men. The Latimer House Guidelines state: "Appointments to all levels of the judiciary should have, as an objective, the achievement of equality between women and men". In England, the Lord Chancellor's "guiding principles" provide for appointment strictly on merit "regardless of gender, ethnic origin, marital status, sexual orientation….", but the Lord Chancellor has made clear his wish to encourage applications for judicial appointment from both women and ethnic minorities. These are both clearly appropriate aims. The Austrian delegate reported that in Austria, where there were two equally qualified candidates, it was specifically provided that the candidate from the under-represented sex should be appointed. Even on the assumption that this limited positive reaction to the problem of under-representation would pose no legal problems, the CCJE identified as practical difficulties, first, that it singles out one area of potential under-representation (gender) and, secondly, that there could be argument about what, in the circumstances of any particular country, constitutes under-representation, for relevant discriminatory reasons, in such an area. The CCJE does not propose a provision like the Austrian as a general international standard, but does underline the need to achieve equality through "guiding principles" like those referred to in the third sentence above.
The appointing and consultative bodies
32. The CCJE noted the large diversity of methods by which judges are appointed. There is evident unanimity that appointments should be "merit-based".
33. The various methods currently used to select judges can all be seen as having advantages and disadvantages: it may be argued that election confers a more direct democratic legitimacy, but it involves a candidate in a campaign, in politics and in the temptation to buy or give favours. Co-option by the existing judiciary may produce technically qualified candidates, but risks conservatism and cronyism (or "cloning")[8] – and would be regarded as positively undemocratic in some constitutional thinking. Appointment by the executive or legislature may also be argued to reinforce legitimacy, but carries a risk of dependence on those other powers. Another method involves nomination by an independent body.
34. There is room for concern that the present diversity of approach may tacitly facilitate the continuation of undue political influence over appointments. The CCJE noted the view of the specialist, Mr Oberto, that informal appointment procedures and overtly political influence on judicial appointments in certain States were not helpful models in other, newer democracies, where it was vital to secure judicial independence by the introduction of strictly non-political appointing bodies.
35. The CCJE noted, to take one example of a new democracy, that in the Czech Republic judicial appointments are made by the President of the Republic, on the motion of the Minister of Justice and promotions (i.e. transfer to a higher court or to the position of a presiding or deputy presiding judge) by either the president or the Minister. No Supreme Judiciary Council exists, although judges sit on committees which select candidates for judicial appointment.
36. Recommendation No R (94) 12 presently hedges its position in this area. It starts by assuming an independent appointing body:
"The authority taking the decision on the selection and career of judges should be independent of the government and administration. In order to safeguard its independence, rules should ensure that, for instance, its members are selected by the judiciary and that the authority decides itself on its procedural rules".
But it then goes on to contemplate and provide for a quite different system:
"However, where the constitutional or legal provisions and traditions allow judges to be appointed by the government, there should be guarantees to ensure that the procedures to appoint judges are transparent and independent in practice and that the decisions will not be influenced by any reasons other than those related to the objective criteria mentioned above."
The examples which follow of "guarantees" offer even greater scope for relaxation of formal procedures – they start with a special independent body to give advice which the government "follows in practice", include next "the right to appeal against a decision to an independent authority" and end with the bland (and imprecisely expressed) possibility that it is sufficient if "the authority which makes the decision safeguards against undue and improper influences".
37. The background to this formulation is found in conditions in 1994. But the CCJE is concerned now about its somewhat vague and open nature in the context of the wider Europe, where constitutional or legal "traditions" are less relevant and formal procedures are a necessity with which it is dangerous to dispense. Therefore, the CCJE considered that every decision relating to a judge's appointment or career should be based on objective criteria and be either taken by an independent authority or subject to guarantees to ensure that it is not taken other than on the basis of such criteria.
38. The CCJE recognised that it may not be possible to go further, in view of the diversity of systems at present accepted in European States. The CCJE is, however, an advisory body, with a mandate to consider both possible changes to existing standards and practices and the development of generally acceptable standards. Further, the European Charter on the statute for judges already goes considerably further than Recommendation No. R (94) 12, by providing as follows:
"In respect of every decision affecting the selection, recruitment, appointment, career progress or termination of office of a judge, the statute envisages the intervention of an authority independent of the executive and legislative powers within which at least one half of those who sit are judges elected by their peers following methods guaranteeing the widest representation of the judiciary."
39. The Explanatory Memorandum explains that the "intervention" of an independent authority was intended in a sense wide enough to cover an opinion, recommendation or proposal as well as an actual decision. The European Charter still goes well beyond current practice in many European States. (Not surprisingly, delegates of High Councils of Judges and judges' associations meeting in Warsaw on 23-26 June 1997 wanted even fuller judicial "control" over judicial appointments and promotion than advocated by the European Charter.)
40. The responses to questionnaires show that most European States have introduced a body independent of the executive and legislature with an exclusive or lesser role in respect of appointments and (where relevant) promotions; examples are Andorra, Belgium, Cyprus, Denmark, Estonia, Finland, France, Iceland, Ireland, Italy, Lithuania, Moldova, Netherlands, Norway, Poland, Romania, Russia, Slovakia, Slovenia, "the former Yugoslav Republic of Macedonia" and Turkey.
41. The absence of such a body was felt to be a weakness in the Czech Republic. In Malta such a body exists, but the fact that consultation with it by the appointing authority[9] was optional was felt to be a weakness. In Croatia, the extent of potential political influence over the body was identified as a problem[10].
42. The following systems will serve as three examples of a higher judiciary council meeting the suggestions of the European Charter.
i) Under article 104 of the Italian Constitution, such a council consists of the President of the Republic, the First President and Procurator General of the Court of Cassation, 20 judges elected by the judiciary and 10 members elected by Parliament in joint session from among university professors and lawyers of 15 years standing. Under article 105, its responsibility is "to designate, to recruit and transfer, to promote and to take disciplinary measures in respect of judges, in accordance with the rules of the judicial organisation".
ii) The Hungarian Reform Laws on Courts of 1997 set up the National Judicial Council exercising the power of court administration including the appointment of judges. The Council is composed of the President of the Supreme Court (President of the Council), nine judges, the Minister of Justice, the Attorney General, the President of the Bar Association and two deputies of Parliament.
iii) In Turkey a Supreme Council selects and promotes both judges and public prosecutors. It consists of seven members including five judges from either the Court of Cassation and the Council of State. The Minister of Justice chairs it and the Undersecretary of the Minister of Justice is also an ex-officio member of the Council.
43. A common law example is provided by Ireland, where the Judicial Appointments Board was established by Courts and Courts Officers Act 1995, section 13 for the purpose of "identifying persons and informing Government of the suitability of those persons for appointment to judicial office". Its membership of nine persons consists of the Chief Justice, the three Presidents of the High Court, Circuit Court and District Court, the Attorney General, a practicing barrister nominated by the Chairman of the Bar, a practicing solicitor nominated by the Chairman of the Law Society, and up to three persons appointed by the Minister of Justice, engaged in or having knowledge or experience of commerce, finance or administration or with experience as consumers of court services. But it does not exclude all political influence from the process[11].
44. The German model (above) involves councils, whose role may be different depending on whether one is speaking of federal or Land courts and on the level of court. There are councils for judicial appointments whose role is usually purely advisory. In addition, several German Länder provide that judges shall be chosen jointly by the competent Minister and a committee for the selection of judges. This committee usually has a right of veto. It is typically composed of members of parliament, judges elected by their colleagues and a lawyer. The involvement of the Minister of Justice is regarded in Germany as an important democratic element because he or she is responsible to parliament. It is regarded as constitutionally important that the actual appointing body should not consist of judges alone or have a majority of judges.
45. Even in legal systems where good standards have been observed by force of tradition and informal self-discipline, customarily under the scrutiny of a free media, there has been increasing recognition in recent years of a need for more objective and formal safeguards. In other states, particularly those of former communist countries, the need is pressing. The CCJE considered that the European Charter - in so far as it advocated the intervention (in a sense wide enough to include an opinion, recommendation or proposal as well as an actual decision) of an independent authority with substantial judicial representation chosen democratically by other judges[12] - pointed in a general direction which the CCJE wished to commend. This is particularly important for countries which do not have other long-entrenched and democratically proved systems.
Tenure - period of appointment
46. The UN basic principles, Recommendation No. R (94) 12 and the European Charter on the statute for judges all refer to the possibility of appointment for a fixed legal term, rather than until a legal retirement age.
47. The European Charter, paragraph 3.3 also refers to recruitment procedures providing "for a trial period, necessarily short, after nomination to the position of judge but before confirmation on a permanent basis".
48. European practice is generally to make full-time appointments until the legal retirement age. This is the approach least problematic from the viewpoint of independence.
49. Many civil law systems involve periods of training or probation for new judges.
50. Certain countries make some appointments for a limited period of years (e.g. in the case of the German Federal Constitutional Court, for 12 years). Judges are commonly also appointed to international courts (e.g. the European Court of Justice and the European Court of Human Rights) for limited periods.
51. Some countries also make extensive use of deputy judges, whose tenure is limited or less well protected than that of full-time judges (e.g. the UK and Denmark).
52. The CCJE considered that where, exceptionally, a full-time judicial appointment is for a limited period, it should not be renewable unless procedures exist ensuring that:
i. the judge, if he or she wishes, is considered for re-appointment by the appointing body and
ii. the decision regarding re-appointment is made entirely objectively and on merit and without taking into account political considerations.
53. The CCJE considered that when tenure is provisional or limited, the body responsible for the objectivity and the transparency of the method of appointment or re-appointment as a full-time judge are of especial importance (see also paragraph 3.3 of the European Charter).
54. The CCJE was conscious that its terms of reference make no specific reference to the position of judges at an international level. The CCJE is born of a recommendation (no. 23) in the Wise Persons' Report of 1998, that direct co-operation with national institutions of the judiciary should be reinforced, and Resolution No. 1 adopted thereafter by the Ministers of Justice at their 22nd Conference meeting in Chisinau on 17-18 June 1999 referred to the CCJE's role as being to assist in carrying out the priorities identified in the global action plan "for the strengthening of the role of judges in Europe and to advise …. whether it is necessary to update the legal instruments of the Council of Europe ….". The global action plan is heavily focused on the internal legal systems of member states. But it should not be forgotten that the criteria for Council of Europe membership include "fulfillment of the obligations resulting from the European Convention on Human Rights" and that in this respect "submission to the jurisdiction of the European Court of Human Rights, binding under international law, is clearly the most important standard of the Council of Europe" (Wise Persons' Report, paragraph 9).
55. The CCJE considered that the ever increasing significance for national legal systems of supranational courts and their decisions made it essential to encourage member States to respect the principles concerning independence, irremovability, appointment and term of office in relation to judges of such supranational courts (see in particular paragraph 52 above).
56. The CCJE agreed that the importance for national legal systems and judges of the obligations resulting from international treaties such as the European Convention and also the European Union treaties makes it vital that the appointment and re-appointment of judges to the courts interpreting such treaties should command the same confidence and respect the same principles as national legal systems. The CCJE further considered that involvement by the independent authority referred in the paragraphs 37 and 45 should be encouraged in relation to appointment and re-appointment to international courts. The Council of Europe and its institutions are in short founded on belief in common values superior to those of any single member State, and that belief has already achieved significant practical effect. It would undermine those values and the progress that has been made to develop and apply them, if their application was not insisted upon at the international level.
Tenure - irremovability and discipline
57. It is a fundamental tenet of judicial independence that tenure is guaranteed until a mandatory retirement age or the expiry of a fixed term of office: see the UN basic principles, paragraph 12; Recommendation No. R (94) 12 Principle I(2)(a)(ii) and (3) and Principle VI (1) and (2). The European Charter affirms that this principle extends to appointment or assignment to a different office or location without consent (other than in case of court re-organisation or temporarily), but both it and Recommendation No. R (94) 12 contemplate that transfer to other duties may be ordered by way of disciplinary sanction.
58. The CCJE noted that the Czech Republic has no mandatory retirement age, but "a judge may be recalled by the Minister of Justice from his position after reaching the age of 65".
59. The existence of exceptions to irremovability, particularly those deriving from disciplinary sanctions, leads immediately to consideration of the body and method by which, and basis upon which, judges may be disciplined. Recommendation No. R (94) 12, Principle VI(2) and (3), insists on the need for precise definition of offences for which a judge may be removed from office and for disciplinary procedures complying with the due process requirements of the Convention on Human Rights. Beyond that it says only that "States should consider setting up, by law, a special competent body which has as its task to apply any disciplinary sanctions and measures, where they are not dealt with by a court, and whose decisions shall be controlled by a superior judicial organ, or which is a superior judicial organ itself". The European Charter assigns this role to the independent authority which it suggests should "intervene" in all aspects of the selection and career of every judge.
60. The CCJE considered
(a) that the irremovability of judges should be an express element of the independence enshrined at the highest internal level (see paragraph 16 above);
(b) that the intervention of an independent authority[13], with procedures guaranteeing full rights of defence, is of particular importance in matters of discipline; and
(c) that it would be useful to prepare standards defining not just the conduct which may lead to removal from office, but also all conduct which may lead to any disciplinary steps or change of status, including for example a move to a different court or area.
A detailed opinion on this matter containing draft texts for consideration by the CDCJ could be prepared by the CCJE at the later stage when it deals expressly with standards of conduct, although there is no doubt that they have a strong inter-relationship with the present topic of independence.
61. Recommendation No. R (94) 12 provides that judges' "remuneration should be guaranteed by law" and "commensurate with the dignity of their profession and burden of responsibilities" (Principles I(2)(a)(ii) and III(1)(b)). The European Charter contains an important, hard-headed and realistic recognition of the role of adequate remuneration in shielding "from pressures aimed at influencing their decisions and more generally their behaviour ….", and of the importance of guaranteed sickness pay and adequate retirement pensions (paragraph 6). The CCJE fully approved the European Charter's statement.
62. While some systems (e.g. in the Nordic countries) cater for the situation by traditional mechanisms without formal legal provisions, the CCJE considered that it was generally important (and especially so in relation to the new democracies) to make specific legal provision guaranteeing judicial salaries against reduction and to ensure at least de facto provision for salary increases in line with the cost of living.
Freedom from undue external influence
63. Freedom from undue external influence constitutes a well-recognised general principle: see UN basic principles, paragraph 2; Recommendation No. R (94) 12, Principle I(2)(d), which continues: "The law should provide for sanctions against persons seeking to influence judges in any such manner". As general principles, freedom from undue influence and the need in extreme cases for sanctions are incontrovertible[14]. Further, the CCJE has no reason to think that they are not appropriately provided for as such in the laws of member States. On the other hand, their operation in practice requires care, scrutiny and in some contexts political restraint. Discussions with and the understanding and support of judges from different States could prove valuable in this connection. The difficulty lies rather in deciding what constitutes undue influence, and in striking an appropriate balance between for example the need to protect the judicial process against distortion and pressure, whether from political, press or other sources, and the interests of open discussion of matters of public interest in public life and in a free press. Judges must accept that they are public figures and must not be too susceptible or of too fragile a constitution. The CCJE agreed that no alteration of the existing principle seems required, but that judges in different States could benefit from discussing together and exchanging information about particular situations.
Independence within the judiciary
64. The fundamental point is that a judge is in the performance of his or her functions no-one's employees; he or she is holder of a State office. He or she is thus servant of, and answerable only to, the law. It is axiomatic that a judge deciding a case does not act on any order or instruction of a third party inside or outside the judiciary.
65. Recommendation No. R (94) 12, Principle I(2)(a)(i) provides that "decisions of judges should not be the subject of any revision outside the appeals procedures as provided for by law" and Principle I(2)(a)(iv) provides that "with the exception of decisions on amnesty, pardon or similar, the government or the administration should not be able to take any decision which invalidates judicial decisions retroactively". The CCJE noted that the responses to questionnaires indicated that these principles were generally observed, and no amendment has been suggested.
66. The CCJE noted the potential threat to judicial independence that might arise from an internal judicial hierarchy. It recognised that judicial independence depends not only on freedom from undue external influence, but also freedom from undue influence which might in some situations come from the attitude of other judges. "Judges should have unfettered freedom to decide cases impartially, in accordance with their conscience and their interpretation of the facts, and in pursuance of the prevailing rules of the law" (Recommendation No. R (94) 12, Principle I (2)(d). This means judges individually. The terms in which it is couched do not exclude doctrines such as that of precedent in common law countries (i.e. the obligation of a lower judge to follow a previous decision of a higher court on a point of law directly arising in the later case).
67. Principle I (2)(d) continues: "Judges should not be obliged to report on the merits of their cases to anyone outside the judiciary". This is, on any view, obscure. "Reporting" on the merits of cases, even to other members of the judiciary, appears on the face of it inconsistent with individual independence. If a decision were to be so incompetent as to amount to a disciplinary offence, that might be different, but, in that very remote case, the judge would not be "reporting" at all, but answering a charge.
68. The hierarchical power conferred in many legal systems on superior courts might in practice undermine individual judicial independence. One solution would be the transfer of all relevant powers to a Higher Judicial Council, which would then protect independence inside and outside of the judiciary. This brings one back to the recommendation of the European Charter on the statute for judges, to which attention has already been invited under the heading of The appointing and consultative bodies.
69. Court inspection systems, in the countries where they exist, should not concern themselves with the merits or the correctness of decisions and should not lead judges, on grounds of efficiency, to favour productivity over the proper performance of their role, which is to come to a carefully considered decision in keeping with the interests of those seeking justice[15].
70. The CCJE took note in this connection of the modern Italian system of separation of grade, remuneration and office described in paragraph 30 above. The aim of this system is to reinforce independence and it also means that difficult first instance cases (e.g. in Italy, Mafia cases) may be tried by highly capable judges.
The judicial role
71. This heading could cover a wide field. Much of this field will arise for detailed consideration when the CCJE considers the topic of standards and is better left until then. That applies to individual topics such as membership of a political party and engagement in political activity.
72. An important topic touched on during the CCJE meeting concerns the inter-changeability in some systems of the posts of judge, public prosecutor and official of the Ministry of Justice. In spite of this inter-changeability, the CCJE decided that the consideration of the role, status and duties of public prosecutors in parallel with that of judges lay outside its terms of reference. However, there remains an important question whether such a system is consistent with judicial independence. This is a subject which is no doubt of considerable importance to the legal systems affected. The CCJE considered that it could merit further consideration at a later stage, perhaps in connection with the study of rules of conduct for judges, but that it would require further specialist input.
73. The CCJE considered that the critical matter for member States is to put into full effect principles already developed (paragraph 6) and, after examining the standards contained in particular in Recommendation No. R (94) 12 on the independence, efficiency and role of judges, it concluded as follows:
(1) The fundamental principles of judicial independence should be set out at the constitutional or highest possible legal level in each member State and its more specific rules at the legislative level (paragraph 16).
(2) The authorities responsible in each member State for making and advising on appointments and promotions should now introduce, publish and give effect to objective criteria with the aim of ensuring that the selection and career of judges are based on merit having regard to qualification, integrity, ability and efficiency (paragraph 25).
(3) Seniority should not be the governing principle determining promotion. Adequate professional experience is however relevant, and pre-conditions related to years of experience may assist to support independence (paragraph 29).
(4) The CCJE considered that the European Charter on the statute for judges – in so far as it advocated the intervention of an independent authority with substantial judicial representation chosen democratically by other judges – pointed in a general direction which the CCJE wished to commend (paragraph 45).
(5) The CCJE considered that when tenure is provisional or limited, the body responsible for the objectivity and the transparency of the method of appointment or re-appointment as a full-time judge are of especial importance (see also paragraph 3.3 of the European Charter) (paragraph 53).
(6) The CCJE agreed that the importance for national legal systems and judges of the obligations resulting from international treaties such as the European Convention and also the European Union treaties makes it vital that the appointment and re-appointment of judges to the courts interpreting such treaties should command the same confidence and respect the same principles as national legal systems. The CCJE further considered that involvement by the independent authority referred to in the paragraphs 37 and 45 should be encouraged in relation to appointment and re-appointment to international courts (paragraph 56).
(7) The CCJE considered that the irremovability of judges should be an express element of the independence enshrined at the highest internal level (paragraph 60).
(8) Judges' remuneration should be commensurate with their role and responsibilities and should provide appropriately for sickness pay and retirement pay. It should be guaranteed by specific legal provision against reduction and there should be provision for increases in line with the cost of living (paragraphs 61-62).
(9) The independence of any individual judge in the performance of his or her functions exists notwithstanding any internal court hierarchy (paragraph 64).
(10) The use of statistical data and the court inspection systems shall not serve to prejudice the independence of judges (paragraphs 27 and 69).
(11) The CCJE considered that it would be useful to prepare additional recommendations or to amend Recommendation No. R (94) 12 in the light of this opinion and the further work to be carried out by the CCJE.
[1] The CCJE will not attempt to precise the extensive literature on the subject of separation of powers, and the text gives only a simplified account, as is aptly demonstrated in The Judiciary and the Separation of Powers by Lopez Guerra (Venice Commission paper for a Conference for Constitutional and Supreme Court Judges from the Southern African Region, February 2000).
[2] For a more sophisticated analysis identifying the impossibility, and it can be said, undesirability, of anyone being completely independent of all influence, e.g. social and cultural parameters, see The Role of Judicial Independence for the Rule of Law, Prof. Henrich (Venice Commission paper for workshop in Kyrgystan, April 1998).
[3] See paragraph 12 below.
[4] see paragraphs 14-16 below.
[5] See further paragraph 43 below.
[6] consisting of three lawyers appointed by the Minister of Justice on the recommendation of the Supreme Court, the Judges Association and the Association of Attorneys, on whose applications and qualifications the Supreme Court also comments.
[7] The CCJE is however aware of some cases, where such a system appears to work successfully, e.g. for the appointment of the Chief Justice in India and Japan.
[8] see paragraph 24 above.
[9] the President on advice from the Prime Minister.
[10] see paragraph 20 above.
[12] See paragraphs 38-39 above.
[13] See paragraphs 37 and 45 above.
[14] See also the balance between the general principle of freedom of expression and the exception (where steps are required to maintain the authority and impartiality of the judiciary) in Article 10 of the ECHR.
[15] see also paragraph 27 above.

redpajama_set_name: RedPajamaCommonCrawl


text:
Truckee High baseball coach, 46, dies over weekend
Local Sports | April 9, 2014
Sylas Wright
swright@sierrasun.com
Late Truckee High baseball coach Mike Ellis is shown celebrating his team's 2012 state championship. Ellis, who died in April 2014, and former Truckee player Andrew Metlenko, who died in June 2013, will be honored at a ceremony on Truckee's newly reconstructed baseball field on Saturday.
Sylas Wright / Sierra Sun |
A memorial service for Mike Ellis will be held at Assumption Catholic Church — 10930 Alder Drive, Truckee — on Monday, April 14, at 2 p.m. A tribute at FiftyFifty Brewing Co. in Truckee will follow the service.
TRUCKEE, Calif. — The Truckee High baseball program lost its charismatic leader Saturday night.
Mike Ellis, who took over as head coach of the Wolverines in 2005 and had led the team to six consecutive state championship appearances, died of an apparent heart attack, school officials confirmed.
He was 46.
"It's hard to accept — a young guy like that with so much to give," said Tom Glover, Ellis' youth baseball coach in Forestville, Calif., north of the Bay Area. "I can still see his face the last time we met, laughing and stuff. We lost a very close friend."
"He was a great guy, first of all — not just a great coach. Everybody knew that. He had an enthusiasm for life and the game that was second to none. We coached against each other for a long time. We always wanted to beat each other, of course. But after the game, it was always a hug and we were friends."
Scott Gilligan
Spring Creek baseball coach
Dozens of Truckee players, parents and alumni gathered Sunday afternoon at the school's baseball field, where Truckee Athletic Director Jaime Legare informed them of the news.
Legare said the meeting began solemnly but gradually turned to an atmosphere of fond reminiscing about the longtime Truckee coach, known to most as "Ellie."
"He was a great guy," said an emotional Legare, who added that an autopsy is being performed to determine the exact cause of death; Ellis did take medication for an enlarged heart. "You could tell that he didn't just coach his players, he touched their lives. It was so interesting to have so many alumni just pouring out of the woodwork and calling and texting and trying to figure out what happened. They're just heartbroken. He was kind of infectious. All the kids just loved him."
Truckee assistant coach Michael Taylor, a former Truckee player who graduated in 2009, will take over as interim head coach the remainder of the season.
"Personally, he's the reason I got into baseball as much as I did," Taylor said of Ellis, whom he described as a baseball-loving kid trapped in an adult's body. "After my freshman year I almost quit, and he took me under his wing and kind of coached me up a little extra. He kind of molded me into the ballplayer and person I am today. He was incredibly influential."
Taylor was among the large group gathered at the Truckee field Sunday. "It was heartbreaking," he said. "The kids were in tears. It was tough for me to watch that."
Aside from showing frustration with his team losing, Ellis seemed to be in generally good spirits Saturday afternoon when the Wolverines hosted a league doubleheader against South Tahoe. In fact, it was that positive aspect of his personality that his friends and rivals remember most.
"He was a great guy, first of all — not just a great coach. Everybody knew that," said longtime Spring Creek baseball coach Scott Gilligan. "He had an enthusiasm for life and the game that was second to none. We coached against each other for a long time. We always wanted to beat each other, of course. But after the game, it was always a hug and we were friends.
"It's tough. I honestly am struggling with this. In all my years I've never heard anybody say one bad thing about Ellie — and that speaks volumes about who he was. He was just so upbeat, and it was contagious to his kids, who always played well. It's a sad time."
South Tahoe coach Starbuck Teevan said he, too, was saddened by the news of Ellis' death.
"I've only known Ellie for four or five years, but as a baseball guy, they really don't get any better," Teevan said. "I think we're a lot alike. There's definitely a brotherhood of coaches, and I'm very sad to hear of his passing. He was definitely a good friend of mine in the time that I've known him. He's definitely going to be missed by everybody in the league."
Former North Tahoe coach Bob Habeger echoed the other coaches' sentiment. He described Ellis not only as a knowledgeable and dedicated coach, but also a good human being who cared about his players.
"My initial thoughts were, 'Man, who's going to take over and fill his shoes with all that he's done for the Truckee program and the summer program.' It's definitely a huge loss," said Habeger, who knew Ellis for about 12 years, dating back to his coaching days at North Tahoe, when Ellis was still an assistant. "His kids always played hard for him, and they had a good time. Not only was he a good coach, and knew baseball, he was just a good guy."
Aside from his infectious personality, Glover remembers Ellis as a talented player as a youth. "Mikey had great power," he said. "He could hit the ball a long way."
After starring at El Molino High School, Ellis went on to play at Santa Rose Junior College and later became a professional scout for the Cincinnati Reds. He also constructed his own wood bats, which he called Sweet Spot Baseball Bats. The Glovers own one of the bats.
"He was so thoughtful. He'd come by the house after all these years and bring us stuff and sit down and visit for a couple hours. The thing was, he just had a spirit around baseball that, when he was around it, he was in his world. He was at home and at peace," Glover said. "He loved the game, and he loved people and seeing them succeed. There was nothing selfish about Mike. He'd help in any way he could. He never asked; he always gave. And in turn, he received a lot."
Ellis may never have been more happy on a baseball field than he was on May 19, 2012 — the day his Wolverines earned Truckee's first baseball state title since 1994. That team finished 29-6 overall and carried a 15-game winning streak into the state final against Elko, which Truckee defeated in nail-biting fashion at Nevada's Peccole Park.
Even when things were not going Truckee's way, Ellis had a way of easing the mood of his players, said Truckee assistant coach Scott Decker, a 2006 grad who also played for Ellis.
"No matter how down he got abut anything, he always left with a smile. Even after a bad loss he'd crack a joke and get everyone smiling again," Decker said. "If anything he almost cared too much. He just had the biggest heart. … At every single banquet he'd cry. He just loved everyone. He'd get all choked up. I used to give him crap about it."
No one ever put more time and effort into working on the Truckee baseball field than Ellis, who could be spotted nearly any time of the year grooming the field. He added grass to the previously all-dirt infield, overhauled the dugouts and spruced up the outfield fencing, among other improvements. He retired two of his players' jerseys in the outfield, JR Murphy and Jason Chapman.
"He worked tirelessly on the field," Legare said. "I told the kids yesterday that it's a bittersweet thing to meet at the field because everywhere I look I think of conversations with him, whether it was in the dugout or by the Slurpee machine or outfield — that field is him."
On Monday, Truckee players and alumni conducted a scrimmage on the school field, where they were joined by Ellis' parents and sister.
"Michael's whole life was baseball," said his mother, Sue. "He lived and breathed baseball. It kept him out of trouble."
Ellis had a daughter named Lexi who celebrated her first birthday on March 28.
Counseling will be available for players and any other students at the school's Wellness Center this week, Legare said.
A memorial service will be held at the Assumption Catholic Church — 10930 Alder Drive, Truckee, CA 96161 — on Monday, April 14, at 2 p.m. A tribute at FiftyFifty Brewing Co. in Truckee will follow the service.
Vikings host first nordic event since 2013
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South Tahoe hoops rally at Churchill County falls short
Incline girls win pair, but suffer loss to nemesis White Pine


text:
Maude V. White in Vienna - in the beginning of the 1880's
from Friends and Memories, pages 266-7:
Richter always conducted on Wagner nights, and it was in Vienna that, with the exception of Lohengrin and Tannhaüser, I heard most of his great operas. That is one of the things in my musical life for which I have always been truly grateful. I remember, as though it were but yesterday, the tremendous impression made on me by the performance of Tristan and Isolde. What affected me most of all that first time, was the beautiful music in the second Act where Brangäne keeps watch for the two lovers. It is extraordinarily, almost magically, … more >>
Richter always conducted on Wagner nights, and it was in Vienna that, with the exception of Lohengrin and Tannhaüser, I heard most of his great operas. That is one of the things in my musical life for which I have always been truly grateful. I remember, as though it were but yesterday, the tremendous impression made on me by the performance of Tristan and Isolde. What affected me most of all that first time, was the beautiful music in the second Act where Brangäne keeps watch for the two lovers. It is extraordinarily, almost magically, suggestive. The voice of the faithful friend outside reaches the man and woman—who, in an ecstasy of love, are clasped in each other's arms - through a wonderful haze of sound that like nothing else I have ever heard suggests not only ineffable, undying love, not only its surroundings during those immemorial hours - the touching beauty of the lovely summer night, the dark-blue, star-strewn sky, the haunting perfume of sweet flowers - but a growing apprehension, a stealthy approach of danger –
"Habet Acht ! Habet Acht ! die Nacht entweicht ! "
(Beware, beware ! night is waning.)
I have forgotten many beautiful things I have heard, but I could never forget that splendid performance of Tristan and Isolde if I lived to be a hundred years old. Richter was a magician when he conducted Wagner's operas.
Maude V. White, Friends and Memories (London, 1914), p. 266-7. https://led.kmi.open.ac.uk/entity/lexp/1452186124167 accessed: 30 January, 2023
location of experience: Vienna
Maude V. White
written by Richard Wagner
Date/Time in the beginning of the 1880's
Originally submitted by Gorwel Owen on Thu, 07 Jan 2016 17:02:05 +0000
Approved on Sun, 16 Oct 2016 07:49:35 +0100


text:
Korea boat show returns in June
The Korea International Boat Show opens June 8 at Jeongok Harbour, Gyeonggi Province.
"With central government backing for both the national 43 marinas plan and funding for new industry development with R&D support, this market is now following the trend in neighboring Asian countries with strong and growing economies and a hunger for new leisure activities," said Tim Coventry, who assists in organizing the show.
"Expect to see a very rapid growth pattern here, as everything in Korea moves quickly. The infrastructure investments in new marinas and related retail, industrial and service facilities in yacht hub developments are now forming the basis for property speculation, the first signs of private investment that will accelerate these projects," he added.
The industry conference to be held June 9 features Mark Adams, vice president of the National Marine Manufacturers Association. With a strong American theme, Adams will be followed by U.S. sportfishing Capt. Anthony DiGiulian.
"The seas around Korea have many of the sport fish that we catch in Florida, and right now there is little or no sportfishing, so the opportunity to build a new high-value industry sector that will support professional boating activity and promote tourism is an exciting prospect," DiGiulian said in a statement.
The Korean boat show, now in its fourth year, is again hosting a round of the World Match Race Tour. The show will run from June 8-12 and will have about 230 exhibitors.
korea international boat show


text:
Chinese language program at Taunton's Coyle and Cassidy High School honored
Gerry Tuoti
Now in its third year, the Chinese language program at Coyle and Cassidy High School is getting some additional resources.
Guests from Bryant University's Confucius Institute visited the Taunton-based Catholic high school Friday to officially recognize the program as a "Confucius classroom."
"We're very excited to have this opportunity," said Kun Xie, who oversees Bryant's Confucius Institute. "The Confucius Institute is going to provide resources and seed funding to renovate the classroom."
The institute will provide the school with $10,000 this year and $8,000 the following year.
The partnership also opens up doors for summer programs and educational trips to China.
"It's a wonderful program," Coyle and Cassidy Chinese teacher Lei Yang said. "It makes my students excited."
Since 2006, the Confucius Institute at Bryant has worked with Chinese language programs at K-12 schools in New England.
The Confucius Institute at Bryant University is a China-funded institute that promotes Chinese language and culture. Formed in 2006, the institute is a joint venture between Bryant University and the Office of Chinese Language Council International (Hanban). It offers resources to students, educators, individuals and businesses in Rhode Island and southern New England.
At Coyle and Cassidy, the Chinese program is about exploring the culture in addition to the language, Yang said. Students, for example, take at least two field trips each year.
"I was really interested in Chinese culture, and want to visit China," freshman Alexis Daley said.
Freshman Tenley Spataro said she enjoys writing Chinese characters.
The students celebrated the Confucius Classroom announcement with a Chinese spelling bee, a demonstration of their abilities to speak, read and write Mandarin Chinese.
This is the second time Principal Bob Gay has worked with the Confucius Institute. Before joining Coyle and Cassidy, he was principal at North Attleboro High School, where he helped launch a Chinese language program with assistance from the institute.
To remain eligible for the funding, Gay explained, Coyle and Cassidy will have to present a budget every year to the institute.
"We're honored to work with Bryant University," Gay said.
Contact Gerry Tuoti at gtuoti@tauntongazette.com
Patiot Ledger
The Taunton Daily Gazette, Taunton, MA ~ 5 Cohannet St., P.O. Box 111 Taunton, MA 02780 ~ Do Not Sell My Personal Information ~ Cookie Policy ~ Do Not Sell My Personal Information ~ Privacy Policy ~ Terms Of Service ~ Your California Privacy Rights / Privacy Policy


The house special noodle soup at Lucky Pot comes with big chunks of Chinese bacon, shiitake mushrooms, black mushrooms and dried tofu in a thick brown broth. The sublimely flavored bowl of noodles will remind you of fresh, rough-cut pasta in a mushroom and bacon sauce. But hey, if that doesn't appeal, don't worry. This is only one bowl of noodles in a noodle jungle. "There are 10,000 kinds of noodles in China," the Lucky Pot waitress lectures. While you may not be able to find all 10,000 varieties in the unassuming shopping center at 9888 Bellaire, just east of Beltway 8, you will find more than you can eat in a week of lunches. Yunnan-, Peking-, Szechuan-, Hong Kong-, Taiwan- and Mandarin-style noodles are all assembled here for your slurping enjoyment.


This truly unique property offers an amazing opportunity to purchase a stunning three bedroom semi-detached cottage located in a quiet setting next to the historic Glen Ord Distillery. This lovely home has been considerably renovated in recent years to provide a luxurious and contemporary living space on two floors.The enhancements are all-embracing as the large entrance hallway opens to a superb open plan lounge/dining-room/ kitchen, two bedrooms and a bathroom on the ground floor. The open fire in the lounge provides a real focal point with the eye-catching cathedral style patio doors leading out to the rear garden from the dining room. The imaginatively designed kitchen comes with black granite work tops, a Butler sink, large electric cooking range and retro-style Smeg fridge/freezer. The property has been tastefully extended to provide an upper floor whilst still maintaining the integrity of the original cottage design from the front.
The solid oak staircase ascends to this clever layout with its spacious master bedroom and ingenious window / balcony combination providing views to the field and hills beyond. The splendour is maintained and exceeded with a sumptuous bathroom complete with spa bath, separate double shower cubicle perfectly complemented by underfloor heating. The property also benefits from the provision of double glazing and oil-fired central heating. The front garden has been laid mainly to chips allowing driveway parking for a number of vehicles whilst providing a low maintenance environment. A sturdy garden shed and separate large wood store are also included.
The private rear garden is enclosed and has been beautifully landscaped to allow maximum enjoyment of this outdoor space and is laid to a mixture of decking, lawn, chips and mature shrubs. A picnic table, dog run and large shed complete this peaceful setting.
Extras (Included in the sale): Smeg fridge/freezer, kitchen range, various out-buildings.


text:
Measure Title: RELATING TO HAWAII INSTITUTE FOR EDUCATIONAL PARTNERSHIPS.
Report Title: Hawaii Institute for Educational Partnerships
Description: Repeals law establishing the Hawaii institute for educational partnerships.
Current Referral: FIN
Introducer(s): SAKAMOTO
1/25/2010 S Referred to HRE/EDH.
2/1/2010 S The committee(s) on HRE/EDH has scheduled a public hearing on 02-04-10 1:15pm in conference room 225.
2/4/2010 S The committee(s) on HRE recommend(s) that the measure be PASSED, UNAMENDED. The votes in HRE were as follows: 4 Aye(s): Senator(s) Tokuda, Sakamoto, Kokubun, Takamine; Aye(s) with reservations: none ; 0 No(es): none; and 3 Excused: Senator(s) Baker, Taniguchi, Slom.
2/4/2010 S The committee(s) on EDH recommend(s) that the measure be PASSED, UNAMENDED. The votes in EDH were as follows: 4 Aye(s): Senator(s) Sakamoto, Kidani, Galuteria, Hemmings; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Chun Oakland, Tsutsui.
2/9/2010 S Reported from HRE/EDH (Stand. Com. Rep. No. 2119) with recommendation of passage on Second Reading and placement on the calendar for Third Reading.
2/9/2010 S Report adopted; Passed Second Reading.
2/9/2010 S One Day Notice 02-10-10.
2/10/2010 S Passed Third Reading. Ayes, 24; Aye(s) with reservations: none . Noes, 0 (none). Excused, 1 (Tokuda). Transmitted to House.
2/10/2010 H Received from Senate (Sen. Com. No. 18).
2/12/2010 H Referred to HED/EBM, FIN, referral sheet 27
3/5/2010 H Re-referred to HED/EDN, FIN, referral sheet 41
3/12/2010 H Re-referred to FIN, referral sheet 49
3/23/2010 H Bill scheduled to be heard by FIN on Friday, 03-26-10 11:00AM in House conference room 308.
3/26/2010 H The committees on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: M. Oshiro, M. Lee, Aquino, Awana, Brower, Choy, Coffman, Har, Keith-Agaran, C. Lee, Nishimoto, Wooley, Yamashita, Finnegan, Ward; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Sagum, Tokioka.
3/30/2010 H Reported from FIN (Stand. Com. Rep. No. 1082-10), recommending passage on Second Reading and placement on the calendar for Third Reading.
3/30/2010 H Passed Second Reading; placed on the calendar for Third Reading with none voting no (0) and Takai, Thielen excused (2).
3/31/2010 H Passed Third Reading with Representative(s) Ching, Finnegan voting no (2) and Representative(s) Aquino, Chong, Morita, Souki excused (4). Transmitted to Senate.
4/1/2010 S Received from House (Hse. Com. No. 303).
4/1/2010 S Enrolled to Governor.
4/15/2010 H Act 025, on 4/15/2010 (Gov. Msg. No. 237).
4/15/2010 S Act 025, 4/15/2010 (Gov. Msg. No. 482).
SB2432_SSCR2119
SB2432_HSCR1082-10
HRE/EDH 225 2/04/2010 1:15 PM View


With the early signing period just five days away we take a quick look at the best available prospects in the Midwest Region overall, and the best available in each state.
We are breaking the country up into ten different regions starting with the Midwest and continuing with the Great Lakes Region, and many others. Who are the ten best players in The Midwest Region (Iowa, Kansas, Missouri, Minnesota, North Dakota, Nebraska, and South Dakota? We break it down for you now.
One. Matthew Hurt of Minnesota. The third ranked player/prospect in the country has said he wants to visit schools on game days before a decision is made. With no time table and no recent visits we expect Matthew to take his time and make a choice this winter or the spring. Who is involved? Minnesota, Duke, UNC, KU, UK, Indiana, Memphis, Villanova, and UCLA are the programs that have been listed for months.
Two. Zeke Nnaji of Minnesota. The 6-foot-10 Hopkins (MN) frontcourt talent brought his list down to five schools earlier in the fall and he's visited all the programs on his list of five (Arizona, UCLA, Baylor, Purdue, and Kansas) plus North Carolina has got involved meaning Nnaji will see their program on the 16th of this month. A decision is coming on November 23rd.
Three. Isiaih Mosley of Missouri. The top 100 talent is the top available player in his state and one that should be a key available recruit heading into the winter. Mississippi State and Missouri State offered Mosley this past summer but we have a feeling the big recruiting rush for Mosley will come some time down the line.
Four. David Roddy of Minnesota. Roddy will make his college decision tomorrow night at his school choosing between Colorado State, Northwestern, and Minnesota. Roddy has visited all three programs officially this fall and has recently been at Minnesota three times in the past two weeks. Roddy is a top 200 player nationally.
Five. Jourdan Smith of Kansas. A Sunrise Christian big guard originally from Louisiana, Smith spent his summer earning a variety of scholarship options including SMU, Oklahoma, Georgia Southern, and other programs. Will Smith make a choice from his current available options or does he spend his winter competing in big prep school games around the nation.
Six. Harouna Sissoko of Iowa. Harouna had a fantastic showing at the Prep Hoops Expo and is expected to have a massive season at Grand View Christian. The 6-foot-7 wing from Mali is the best available player in Iowa right now and one of the more explosive players in this region.
Seven. Darrius Hughes of Missouri. A strong forward from KC at 6-foot-6 and 225 pounds that local programs (UMKC and Omaha) have been after since his strong performances with Team Rush during the 17u year.
Eight. Nathan Johnson of Kansas/Iowa. Johnson turned a big corner this summer earning a couple offers and going to Sunrise Christian after his graduation from an Iowa high school. Johnson is a face-up skilled forward that has earned some calls from high majors and with a big winter doors could open wider.
Nine. Spencer Jones of Kansas. A 6-foot-5 wing that picked up a Milwaukee offer at the end of the summer after an outstanding year with the KC Spurs. Jones is strong, skilled, and often had some efficient big number scoring games that earned him a spot on this list.
Ten. Charles Easley of Nebraska. The top available player in the Cornhusker state is ranked fourth overall for Nebraska seniors and has a number of D2 scholarship offers that he is picking from.


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Tuberculosis, bacterial community-acquired pneumonia (CAP), and Pneumocystis jirovecii pneumonia (PJP) are the commonest causes of hospitalisation in HIV-infected individuals. Prompt diagnosis and treatment initiation are important to reduce morbidity and mortality, but are hampered by overlap in clinical and radiological presentation and limited diagnostic resources in resource-poor settings. Simple, affordable tests are needed for developing improved clinical algorithms. C-reactive protein (CRP) and procalcitonin have shown diagnostic utility for respiratory tract infections, however few studies have focussed on their ability to distinguish between tuberculosis, CAP, and PJP in HIV-infected inpatients. We performed a cross-sectional study on secondary data to evaluate the diagnostic accuracy of Creactive protein (CRP) and procalcitonin compared to composite reference standards, for discrimination between the three target infections in adult HIV-infected inpatients. Participants had been recruited in two district level hospitals in Cape Town, South Africa, admitted with current cough and danger signs in accordance with the WHO algorithm for tuberculosis in seriously ill HIV-infected patients. Study clinicians were blinded to CRP and procalcitonin results and laboratory staff who performed biomarker tests on stored serum were blinded to patient diagnoses. 248 participants met study criteria and case definitions: 133 with tuberculosis, 61 with CAP, 16 with PJP, and 38 with mixed infection. Elevated CRP was found in 98% of participants. The cutoff used to guide antibiotic initiation in lower respiratory tract infections correctly identified 82% of those with CAP, 84% with tuberculosis and 50% with PJP. The differences in median CRP and procalcitonin concentrations between the three infections were statistically significant, but distributions overlapped considerably, and CRP and procalcitonin cut-offs with sensitivities of ≥ 90% were found for all three target infection pairs, however corresponding specificities were low. Receiver operating characteristic areas under the curve for CRP and procalcitonin were between 0.68 and 0.74 for PJP versus tuberculosis and PJP versus CAP. CRP and procalcitonin showed limited value in discriminating between the three target infections due to widely overlapping distributions, but diagnostic accuracy was higher for discriminating PJP from CAP or tuberculosis. Our findings suggest that CRP and procalcitonin may have greater diagnostic utility as part of a panel of biomarkers or in clinical prediction rules.
Mendelson, F. 2018. Diagnostic accuracy of C-reactive protein and procalcitonin, compared with composite reference standards, to discriminate between tuberculosis, Pneumocystis jirovecii pneumonia and bacterial pneumonia in HIV-infected inpatients meeting WHO criteria for seriously ill. University of Cape Town.


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Civic Engagement, Grant Making and Asset Use, Modes of Foundation Grantmaking, Participatory Grantmaking, Pennsylvania
Philadelphia Foundation Invites a Moment of Engagement on Its Anniversary
Ruth McCambridge and Erin Rubin
"Tú eliges/You choose," Marta García Cabrera
July 8, 2019; Philly Voice
Please see below for the Philadelphia Foundation's response to this newswire.
Philadelphia Foundation made headlines last week when it decided to open up a process to get the public to help them make $1 million in grants. We've seen variations on this idea before, and it doesn't always turn out so well, as we wrote in this piece about a similar effort in Minnesota, where a million-dollar grant made by popular vote went to an organization that was unprepared to make best use of it and that went under three years later.
This effort is not structured in the same way, though; it is more an exercise in contest philanthropy, about which we have written a ton. Rick Cohen, in fact, wrote one of his signature pieces on it, as was planned to be practiced at a meeting of the Council on Foundations five years ago. (That session was eventually cancelled.)
In contrast to what the foundation stewards through externally directed funds $25 million each year, it has only $5 million in discretionary grant dollars. And it's from this fund that their Key to Community grants initiative was born; it's part of a centennial celebration for the organization. They plan to give nine grants of varying sizes, totaling $1 million, to area organizations. All winners will participate in a Leadership Institute in the fall. The winners will be determined by popular vote between now and July 26th; anyone over 18 in Pennsylvania, New Jersey, Delaware, and New York can participate.
There are three categories: Economic Prosperity, The Opportunity Divide, and Community and Civic Engagement. From 200 initial applications, Philadelphia Foundation narrowed the list to five initiatives in each category. They include things like community-based criminal justice reform, teaching and inspiring girls to pursue tech education, and building community ownership of property to stave off gentrification.
CEO Pedro Ramos said, "It was an opportunity to bring those projects to our attention, and more importantly bring the projects and proposals to the attention of the public."
NPQ discussed participatory grantmaking earlier this week, but this isn't that. Citizens are being engaged to vote, but not to participate in conversations about community building. There's no ongoing commitment from the foundation to engage voters in other grant decisions down the line. According to the foundation, a review panel "comprised of Philadelphia Foundation staff, representatives from the grants' co-presenters and independent experts in the fields of philanthropy and community solutions" narrowed the list.
In essence, this is a popularity contest following a regular grant vetting, which smacks more of marketing than public participation or education. Still, it is a step out of their usual practice paradigm—and with a full fifth of their discretionary budget! We sincerely that they have checked in with Minnesota and will keep an eye out for the results.—Ruth McCambridge and Erin Rubin
Following the publication of this piece, we received an email from the Philadelphia Foundation. They disagree with our assessment of the program and wished to express their dissent and clarify some points. Their response, edited for formatting, appears below:
• [The comparison to the St. Paul foundation] is an unfair comparison. Philadelphia Foundation's Key to Community initiative heavily scrutinized both the viability and sustainability of proven program already in place and the financial and operational stability of the nonprofit organization running it. We are confident that all 15 are worthy of support and have the capacity to scale for additional impact if they prevail in the voting.
• Philadelphia Foundation values and trusts the public's feedback and reaction. As a community foundation, finding ways to expand philanthropy and support from the public for great nonprofits that meet community needs is part of our mission. Philadelphia Foundation implemented several measures to ensure fairness in the voting. The actual voting ballot leads with the programs and minimizes the power of existing name recognition for the presenting nonprofits. Placement on the ballot is not fixed – it rotates randomly so no one organization consistently has the top spot. Front-runners are revealed only after the vote is cast. The foundation also established strict guidelines on how the finalists can promote themselves so it would not be a competition based on whose marketing budget was the largest. All organizations received one-on-one pro bono social media training. As an indication of how genuinely engaged the general public has been, over 41,000 votes have been cast in the first three and a half days. This signifies to us that all the worthwhile programs have been seen by many individuals beyond each individual organization's initial support base.
In fact, Philadelphia Foundation has historically and continuously engaged residents of the Greater Philadelphia region. For example, thousands have participated in our On the Table Philly initiative, in which community issues are not only discussed, but resources provided for directly implementing positive change. After last year's On the Table Philly, 47 projects conceived during those conversations were funded by Philadelphia Foundation and implemented by community members. Significantly, the three categories of the Key to Community Grants were directly inspired by those conversations. We continue to engage the community: the next On the Table Philly is scheduled for this fall.
• The above is compression of the process that led to the finalists.
A public RFP was issued open to any nonprofit in the seven-county region.
Close to 200 applications were received.
The staff reviewed each submission to discern which who met basic discretionary grant requirements and fit the parameters of the initiative.
Three separate panels of judges scored the applications, then discussed and interviewed semi-finalists. These panels included grantmakers from beyond the foundation, including local and national subject matter experts in philanthropy and community issues.
At the end, existing programs already in place that have been proven to work at respected organizations and that had a plan in place to be scaled for further impact were presented for public vote.
• We disagree [with the characterization as a "popularity contest" and "marketing."] Many of these nonprofits have been unsung heroes quietly doing significant work. Through this initiative, the public is being significantly educated about both the projects and the community needs they address.
• [On the subject of the use of discretionary funds,] The purpose of our discretionary budget is to address community needs, so we own this commitment with pride. Our $1 million Key to Community initiative is an expansion of our discretionary spending in honor of our Centennial.
About Ruth McCambridge
Ruth McCambridge
Ruth is Editor in Chief of the Nonprofit Quarterly. Her background includes forty-five years of experience in nonprofits, primarily in organizations that mix grassroots community work with policy change. Beginning in the mid-1980s, Ruth spent a decade at the Boston Foundation, developing and implementing capacity building programs and advocating for grantmaking attention to constituent involvement.
About Erin Rubin
Erin Rubin
Erin Rubin is an assistant editor at the Nonprofit Quarterly, where she is in charge of online editorial coordination and community building. Before joining NPQ, in 2016, Erin worked as an administrator at Harvard Business School and as an editorial project manager at Pearson Education, where she helped develop a digital resource library for remedial learners. Erin has also worked with David R. Godine, Publishers, and the Association of Literary Scholars, Critics, and Writers. As a creative lead with the TEDxBeaconStreet organizing team, she worked to help innovators and changemakers share their groundbreaking ideas and turn them into action.
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Philosophy of Ministries
Philosophy of Family
Philosophy of Stewardship
Philosophy of Counseling
Message: "Hebrews 10:26-31 | The Consequences of Willful Sin" from Andy Woodfield
hickman January 10, 2021
Andy Woodfield - January 10, 2021
Hebrews 10:26-31 | The Consequences of Willful Sin
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Ephesians 1:7-12 | Our Identity Revealed, Part 2 Andy Woodfield April 1, 2007 Listen
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Philippians 4:6-9 | Overcoming Anxiety Andy Woodfield April 15, 2007 Listen
1 Corinthians 15:12-19 | Seven Exhilarating Realities of the Resurrection Andy Woodfield April 15, 2007 Listen
Ephesians 1:15-16 | Sovereign Grace on Display Andy Woodfield April 29, 2007 Listen
Matthew 6:25-34 | You Don't Need to be Anxious Andy Woodfield April 29, 2007 Listen
O Be Careful Little Ears What You Hear
How do you see the world?
A Tale of Two Marriages
Four Things That are Essential for Accountability in Grace Relationships.
2019 Women's Conference: Grace Upon Grace
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New Avengers 4 fan-created artwork visualizes Captain Marvel holding a lifeless Iron Man. Following the events of Avengers: Infinity War, it's up to the core Earth's Mightiest Heroes to restore order in the universe after Thanos' deadly snap. With several of their own allies disintegrating into dust like half of life in the galaxy, Tony Stark and his pals will, fortunately, find a helping hand in Ant-Man, as well as the soon-to-debut Captain Marvel.
Specific plot details for Avengers 4 are still being tightly kept under wraps, to the point that Marvel Studios has yet to even reveal the film's official title, although he previously hinted that it won't be announced until the end of the year. Mandatory reshoots are supposedly ongoing and are expected to last the whole summer. While the public is eagerly waiting for any kind formal news about the Phase 3 capper, one fan devoted himself to making artwork imagining what could happen in the Joe and Anthony Russo-directed movie.
Aside from being a visualization of what might go down in Avengers 4, the artwork can be a visual representation of the end of an MCU era and the beginning of a new one. For the last decade, Iron Man has been the face of the famed franchise, having kicked off the cinematic universe in 2008's Iron Man. The character has appeared in 9 out of the 20 film in the MCU, plus another one in next year's still-untitled ensemble flick. But with persistent rumors that Tony Stark's time on the big screen may soon be ending, whether that's due to death or retirement, many are looking at the second generation of Marvel heroes for someone to take on the responsibility as the poster hero of the franchise, including Captain Marvel.
It's not a secret that Carol Danvers is poised to play a huge role in the film series moving forward, despite the fact that Marvel Studios hasn't really released any concrete information with regard to her forthcoming debut movie directed by Anna Boden and Ryan Fleck, Captain Marvel. With her origins Earth-bound but her adventures mostly set in the cosmos, she's expected to further bridge the gap between the two pockets of MCU allowing the franchise to further explore other narratives set in outer space with films centering on The Eternals and Nova supposedly on the docket.
With both Captain Marvel and Avengers 4 still a long way ahead from hitting theaters, fans may want to revisit all 20 movies in the MCU as they'll be all available on IMAX cinemas starting August 30 until September 6 via the special event called Marvel Studios' 10th Anniversary Film Festival. Otherwise, those who don't want to leave the comforts of their homes can re-watch Infinity War which is already available on digital and will soon be released on Blu-ray on August 14th.