The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence

Claus, Peter

Conrad, Ralf

Enrich Prast, Alex

Klose, Melanie

Pedroni Barreto, Davi

Law and Contemporary Problems : a Quarterly Published by the Duke University, School of Law

English

PubMed

Wendell L. Griffen

Crossref

Comment: Judicial Accountability and Discipline

The study of of the distribution of microorganisms through space (and time) allows evaluation of biogeographic patterns, like the species-area index (z). Due to their high dispersal ability, high reproduction rates and low rates of extinction microorganisms tend to be widely distributed, and they are thought to be virtually cosmopolitan and selected primarily by environmental factors. Recent studies have shown that, despite these characteristics, microorganisms may behave like larger organisms and exhibit geographical distribution. In this study, we searched patterns of spatial diversity distribution of bacteria and archaea in a contiguous environment. We collected 26 samples of a lake sediment, distributed in a nested grid, with distances between samples ranging from 0.01 m to 1000 m. The samples were analyzed using T-RFLP (Terminal restriction fragment length polymorphism) targeting mcrA (coding for a subunit of methyl-coenzyme M reductase) and the genes of Archaeal and Bacterial 16S rRNA. From the qualitative and quantitative results (relative abundance of operational taxonomic units) we calculated the similarity index for each pair to evaluate the taxa-area and distance decay relationship slopes by linear regression. All results were significant, with mcrA genes showing the highest slope, followed by Archaeal and Bacterial 16S rRNA genes. We showed that the microorganisms of a methanogenic community, that is active in a contiguous environment, display spatial distribution and a taxa-area relationship.</p

Pedroni Barreto, Davi,

Conrad, Ralf,

Klose, Melanie,

Claus, Peter,

Enrich Prast, Alex,

Swepub

Distance-Decay and Taxa-Area Relationships for Bacteria, Archaea and Methanogenic Archaea in a Tropical Lake Sediment [Elektronisk resurs]

The study of of the distribution of microorganisms through space (and time) allows evaluation of biogeographic patterns, like the species-area index (z). Due to their high dispersal ability, high reproduction rates and low rates of extinction microorganisms tend to be widely distributed, and they are thought to be virtually cosmopolitan and selected primarily by environmental factors. Recent studies have shown that, despite these characteristics, microorganisms may behave like larger organisms and exhibit geographical distribution. In this study, we searched patterns of spatial diversity distribution of bacteria and archaea in a contiguous environment. We collected 26 samples of a lake sediment, distributed in a nested grid, with distances between samples ranging from 0.01 m to 1000 m. The samples were analyzed using T-RFLP (Terminal restriction fragment length polymorphism) targeting mcrA (coding for a subunit of methyl-coenzyme M reductase) and the genes of Archaeal and Bacterial 16S rRNA. From the qualitative and quantitative results (relative abundance of operational taxonomic units) we calculated the similarity index for each pair to evaluate the taxa-area and distance decay relationship slopes by linear regression. All results were significant, with mcrA genes showing the highest slope, followed by Archaeal and Bacterial 16S rRNA genes. We showed that the microorganisms of a methanogenic community, that is active in 

Davi Pedroni Barreto

Ralf Conrad

Melanie Klose

Peter Claus

Alex Enrich-prast

CiteSeerX

Distance-Decay and Taxa-Area Relationships for Bacteria, Archaea and Methanogenic Archaea in a Tropical Lake Sediment

The study of of the distribution of microorganisms through space (and time) allows evaluation of biogeographic patterns, like the species-area index (z). Due to their high dispersal ability, high reproduction rates and low rates of extinction microorganisms tend to be widely distributed, and they are thought to be virtually cosmopolitan and selected primarily by environmental factors. Recent studies have shown that, despite these characteristics, microorganisms may behave like larger organisms and exhibit geographical distribution. In this study, we searched patterns of spatial diversity distribution of bacteria and archaea in a contiguous environment. We collected 26 samples of a lake sediment, distributed in a nested grid, with distances between samples ranging from 0.01 m to 1000 m. The samples were analyzed using T-RFLP (Terminal restriction fragment length polymorphism) targeting mcrA (coding for a subunit of methyl-coenzyme M reductase) and the genes of Archaeal and Bacterial 16S rRNA. From the qualitative and quantitative results (relative abundance of operational taxonomic units) we calculated the similarity index for each pair to evaluate the taxa-area and distance decay relationship slopes by linear regression. All results were significant, with mcrA genes showing the highest slope, followed by Archaeal and Bacterial 16S rRNA genes. We showed that the microorganisms of a methanogenic community, that is active in a contiguous environment, display spatial distribution and a taxa-area relationship.Funding Agencies|National Council of Scientific and Technological Development (CNPq) (Brazil) [477260/2011-0]; Max Planck Society (Germany)</p

Publikationer från Linköpings universitet

The study of of the distribution of microorganisms through space (and time) allows evaluation of biogeographic patterns, like the species-area index (z). Due to their high dispersal ability, high reproduction rates and low rates of extinction microorganisms tend to be widely distributed, and they are thought to be virtually cosmopolitan and selected primarily by environmental factors. Recent studies have shown that, despite these characteristics, microorganisms may behave like larger organisms and exhibit geographical distribution. In this study, we searched patterns of spatial diversity distribution of bacteria and archaea in a contiguous environment. We collected 26 samples of a lake sediment, distributed in a nested grid, with distances between samples ranging from 0.01 m to 1000 m. The samples were analyzed using T-RFLP (Terminal restriction fragment length polymorphism) targeting mcrA (coding for a subunit of methyl-coenzyme M reductase) and the genes of Archaeal and Bacterial 16S rRNA. From the qualitative and quantitative results (relative abundance of operational taxonomic units) we calculated the similarity index for each pair to evaluate the taxa-area and distance decay relationship slopes by linear regression. All results were significant, with mcrA genes showing the highest slope, followed by Archaeal and Bacterial 16S rRNA genes. We showed that the microorganisms of a methanogenic community, that is active in a contiguous environment, display spatial distribution and a taxa-area relationship

Alex Enrich-Prast

Directory of Open Access Journals

PLoS ONE

Distance-decay and taxa-area relationships for bacteria, archaea and methanogenic archaea in a tropical lake sediment.

Barreto, D.

Conrad, R.

Klose, M.

Claus, P.

Enrich-Prast, A.

MPG.PuRe

Griffen, Wendell L.

Duke Law Scholarship Repository

GRIFFEN.FMT 03/24/99 1:01 AMCOMMENT: JUDICIALACCOUNTABILITY AND DISCIPLINEWENDELL L. GRIFFEN*Professor Steven Lubet of Northwestern University School of Law correctlyobserves that the primary point of friction between judicial independence andaccountability is at the state level.1  Federal judges are not immune from ac-countability concerns, but those concerns are mitigated by the fact that federaljudges serve with life tenure and can be removed from office only by impeach-ment.  We judges in state courts deal with accountability issues more frequentlyand are more sensitive to them because we are only one election cycle awayfrom unemployment.  The judicial disciplinary process and the specter of politi-cally motivated misconduct allegations against state judges poses another im-portant challenge to judicial independence.I view the issue of judicial independence and accountability on three inter-dependent levels: political accountability, decisional accountability, and be-havioral accountability.  Political accountability includes selection, tenure, andthe extent to which judges are accountable to the other branches of governmentfor appropriations, definition of jurisdiction, and other issues related to theterms and conditions of our service in the judiciary.Decisional accountability concerns the manner in which judges are held ac-countable for rulings and decisions.  While this principally takes place throughappellate review, it also includes academic criticism of judicial actions.  How-ever, I question the extent to which most state court judges are concernedabout academic reaction to their work.  Most voters, including the lawyers whovote, do not read law review articles and case notes.  I do not know of any judi-cial election campaigns that have featured scholarly reviews of a judge’s deci-sions.  Thus, apart from appellate review, decisional accountability occursmainly in two sensitive places: legislative power to appropriate funding for thecourts being manipulated in response to unpopular decisions and rulings, andmedia criticism of judicial decisions and rulings by politicians and at the grass-roots level.Behavioral accountability involves judicial conduct made the subject of dis-ciplinary proceedings.  Although appellate review occasionally includes criti-                                                          Copyright © 1998 by Law and Contemporary ProblemsThis comment is also available at http://www.law.duke.edu/journals/61LCPGriffen.* Judge, Arkansas Court of Appeals.This comment is adapted from Judge Griffen’s remarks at the conference at which the papers inthis volume were presented.  The conference, entitled Bulwarks of the Republic: Judicial Independenceand Accountability in the American System of Justice, was held in Philadelphia in December 1998.1. See Steven Lubet, Judicial Discipline and Judicial Independence, 61 LAW & CONTEMP. PROBS.59 (Summer 1998).GRIFFEN.FMT 03/24/99  1:01 AM76 LAW AND CONTEMPORARY PROBLEMS [Vol. 61: No. 3cism of judicial behavior and, on rare occasions, has resulted in sanctions suchas reassignment of a case to another judge due to misbehavior, bias, or preju-dice, judicial disciplinary proceedings outnumber these situations.I am particularly concerned about the interplay between decisional and be-havioral accountability in the context of judicial disciplinary proceedings.  Forexample, Senator Robert Dole called for the impeachment of Judge HaroldBaer of the Southern District of New York after the judge suppressed evidenceof cocaine seized by New York City police officers.  The Clinton White Housesuggested that Judge Baer’s resignation would be sought if he did not reversethe ruling.  Naturally, Judge Baer reversed himself.  Similarly, former JusticePenny White of the Tennessee Supreme Court faced virulent opposition fol-lowing an opinion reversing a homicide conviction; the criticism resulted in herdefeat in a retention election.  Character assassination and demagoguery havebeen targeted at judges who vote to overturn convictions in capital cases,against judges who are viewed as “soft on crime,” against judges who are casti-gated as either enemies of the unborn or a woman’s right to choose abortion,and against judges who rule in favor of unpopular causes.  The attacks arelikely to intensify as more litigation is being shifted to state courts.Judges are sitting ducks when attacked because of our decisions.  WhileJudge Baer enjoyed life tenure, that did not preclude the possibility that hecould have been made the subject of a judicial disciplinary complaint.  Hadsuch a complaint been made, it would, one hopes, have been summarily dis-missed because it involved a matter that was subject to appellate review.  Nev-ertheless, Judge Baer would have been forced to spend personal funds, taketime away from his court duties, and suffer the distraction of press reportsabout the pending complaint.I agree, therefore, with Professor Lubet that the most serious threat to thejudicial independence of state court judges is the imposition or threat of sanc-tions based on a judge’s decision.2  If the California Commission on JudicialPerformance files a formal charge against Justice Anthony Kline of the Cali-fornia Court of Appeals based upon a dissenting opinion, Justice Kline couldpotentially be removed from the bench for stating his good faith views aboutthe law.  Such a use of judicial disciplinary proceedings clearly poses the dangerthat judges must yield to what Professor Lubet terms “a judicial orthodoxy.”3State court judges have always been mindful of the potential for politicaldefeat due to public displeasure with our rulings and opinions.  Now we mustalso contend with the prospect of defending ourselves in disciplinary proceed-ings based on allegations that our rulings and opinions demonstrate misconductin office.  Nothing prevents a political officeholder, political opponent, interestgroup, or disgruntled litigant from filing such charges.  When and if they arefiled, the targeted judges must finance their defenses with personal funds.  Theycannot engage in fundraising efforts to underwrite the cost of defending their                                                          2. See id. at 65-71.3. Id. at 67.GRIFFEN.FMT 03/24/99  1:01 AMPage 75: Summer 1998] GRIFFEN COMMENT 77conduct.  Additionally, the fact that charges are pending against a judge can beused in campaign material by opponents or in retention elections.  If I may ap-propriate the marvelous metaphor used by the late Justice Otto Kaus of theCalifornia Supreme Court (mentioned by Professor Gerald Uelmen in his arti-cle on maintaining the independence of state supreme courts in an era of judi-cial politization4), the specter of judicial disciplinary proceedings arising fromdecisional conduct is another “crocodile in the bathtub” that is hard not tothink about as we state judges shave or put on our makeup.  It is even hardernot to think about when one realizes that one must take a shower or bath.  Forsitting ducks, crocodiles in the bathtub are more than causes for intellectual re-flection.I am now reading two powerful books: Taylor Branch’s Pillar of Fire, thesecond part of his trilogy on the civil rights era during the King years, and JuanWilliam’s Thurgood Marshall: American Revolutionary.  One striking feature inboth books is that although state court judges had the first opportunities toprovide relief for civil rights violations, they almost never granted relief.  Whatcomes through these works is a picture of state court judges who were timid,unimaginative, and, in some instances, even disdainful of the arguments putforward by those who attacked racial segregation in our nation.  If the fear ofelectoral defeat alone can produce such timidity, I cannot pretend that theprospect of being charged with misconduct and forced to finance one’s defensewill not add to it.  I do not summarily dismiss the notion that judicial discipli-nary proceedings will become the favored stalking ground against judges whorender unpopular decisions.It is time to provide public financing for the defense of judicial misconductallegations based on decisions and opinions.  Instead of employing counsel attheir own expense, judges should be reimbursed from state funds, particularlywhen judges are exonerated or when the complaints are dismissed as improp-erly lodged.  We must put our money behind our rhetoric about judicial inde-pendence.  I hope that this symposium can be a starting point in that process,and I appreciate the opportunity the symposium presents for such an appeal.                                                          4. See Gerald F. Uelmen, Crocodiles in the Bathtub: Maintaining the Independence of State Su-preme Courts in an Era of Judicial Politicization, 72 NOTRE DAME L. REV. 1133, 1133 (1997).

<div><p>The study of of the distribution of microorganisms through space (and time) allows evaluation of biogeographic patterns, like the species-area index (z). Due to their high dispersal ability, high reproduction rates and low rates of extinction microorganisms tend to be widely distributed, and they are thought to be virtually cosmopolitan and selected primarily by environmental factors. Recent studies have shown that, despite these characteristics, microorganisms may behave like larger organisms and exhibit geographical distribution. In this study, we searched patterns of spatial diversity distribution of bacteria and archaea in a contiguous environment. We collected 26 samples of a lake sediment, distributed in a nested grid, with distances between samples ranging from 0.01 m to 1000 m. The samples were analyzed using T-RFLP (Terminal restriction fragment length polymorphism) targeting <i>mcrA</i> (coding for a subunit of methyl-coenzyme M reductase) and the genes of Archaeal and Bacterial 16S rRNA. From the qualitative and quantitative results (relative abundance of operational taxonomic units) we calculated the similarity index for each pair to evaluate the taxa-area and distance decay relationship slopes by linear regression. All results were significant, with <i>mcrA</i> genes showing the highest slope, followed by Archaeal and Bacterial 16S rRNA genes. We showed that the microorganisms of a methanogenic community, that is active in a contiguous environment, display spatial distribution and a taxa-area relationship.</p></div

Davi Pedroni Barreto (647356)

Ralf Conrad (219296)

Melanie Klose (647357)

Peter Claus (183761)

Alex Enrich-Prast (312251)

The Francis Crick Institute

Digitala Vetenskapliga Arkivet - Academic Archive On-line

https://figshare.com/articles/_Distance_Decay_and_Taxa_Area_Relationships_for_Bacteria_Archaea_and_Methanogenic_Archaea_in_a_Tropical_Lake_Sediment_/1210415