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Technically, the governor appoints magistrates, and the Senate confirms or rejects them. In reality, they’re selected by the senator who represents the community they serve. Governors yield to individual senators’ choices because they have no real choice.

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Several senators wanted to know why Pitts was chosen over several dozen other people for the job. And they pressured Michael McShane, one of the Conservation Bank's board members, to answer whether Pitts' was chosen specifically for his connections in the halls of the Statehouse.