Banks v. Miller

I do not join with my colleagues of the majority in adhering to what impresses me as unnecessarily strict and literal interpretation of the statutes. Perhaps partly out of my desire as to what the law ought to be, and partly out of my view as to the general purpose of our statutes on judicial reform, I would prefer to take the view adopted by the plaintiffs and their advocates : that inasmuch as there was a *293known vacancy in the district judgeship, and that the vacancy was known to exist before the filing time (during the month of June 1972) and thus long before the next general election…