Veera Anlai
Southern Belle
Per my duty as Judge Advocate, I am posting a Trial Thread based on the accusations against provisional Chief Justice Curufinwe.
Curufinwe is accused of violating Article F, Clause 3 of the Constitution, which reads as follows:
The procedure for citizen complaint trials can be found in the Judicial Procedure.
The original accusation can be found in the Term 3 Judiciary Thread.
For your reference, the Constitution and Code of Laws.
The first post in this thread is reserved for the Judge Advocate. I shall be serving as the prosecution for this case. The second and third posts in this thread are reserved for the Public Defender and the Defendant. They have twenty-four hours to post. Once they have both posted their arguments or twenty-four hours have passed, whichever is first, then discussion is open to the public.
Since Curufinwe is involved in this case, he has recused himself from the trial. A pro-tem Chief Justice will be appointed by our president, Chillaxation.
Prosecution follows
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This case is a bit confusing, so I'm going to start by explaining everything from the beginning of this term. First off, no one ran for Chief Justice during the elections in Term 3, and no one won the Presidency in Term 3 either. Since vacancies for Chief Justice *have* to be filled by the President, there was some debate about procedure. Secretary of State Chieftess nominated Nobody to be Chief Justice, but the legality of that decision was debatable, and Nobody vacated the position. This created a large number of important questions for the Judiciary to answer, including Judicial Review 7. Depending on the ruling for Judical Review 7, Curufinwe's position as Chief Justice might be affected.
Eventually, Chillaxation became President, and appointed Curufinwe to the empty Chief Justice position. However, Donsig posted a confirmation poll asking the citizens to confirm Curufinwe as Chief Justice, which he is allowed to do according to Section 8, Clause C, Sub-Clause V.VB.
Although Curufinwe was approved in this poll, some citizens question the poll's legality. In Citizen Complaint 2, Swiss Empire accuses Donsig of posting an illegal poll, pending the results of Judicial Review 10, which asks the Judiciary to rule on the legality of said poll. The validity and legality of this poll directly affects the provisional status of Curufinwe's Chief Justice position.
So far, I've identified three cases currently in the Judiciary Department's docket that directly affect Curufinwe. ((CC2, JR7, JR10.)) In addition, Judicial Review 5, which affects amending our Code of Laws, was a direct result of our debates over nominations.
And yet, even though Curufinwe is affected by all of these court cases, he has not recused himself from them! Because of this, he is in violation of Article F, Clause 3 which requires judiciary members to be fair and impartial.
Because of this, I would please ask Curufinwe to recuse himself from the cases mentioned above, and the charges will be dropped. If not, there will be no choice but to take this to a poll on guilt or innocence.
---
The next two posts are reserved for the Public Defender and the Defendant.
Curufinwe is accused of violating Article F, Clause 3 of the Constitution, which reads as follows:
The Judiciary will carry out all its tasks in a fair, impartial, public and speedy manner.
The procedure for citizen complaint trials can be found in the Judicial Procedure.
The original accusation can be found in the Term 3 Judiciary Thread.
For your reference, the Constitution and Code of Laws.
The first post in this thread is reserved for the Judge Advocate. I shall be serving as the prosecution for this case. The second and third posts in this thread are reserved for the Public Defender and the Defendant. They have twenty-four hours to post. Once they have both posted their arguments or twenty-four hours have passed, whichever is first, then discussion is open to the public.
Since Curufinwe is involved in this case, he has recused himself from the trial. A pro-tem Chief Justice will be appointed by our president, Chillaxation.
Prosecution follows
---
This case is a bit confusing, so I'm going to start by explaining everything from the beginning of this term. First off, no one ran for Chief Justice during the elections in Term 3, and no one won the Presidency in Term 3 either. Since vacancies for Chief Justice *have* to be filled by the President, there was some debate about procedure. Secretary of State Chieftess nominated Nobody to be Chief Justice, but the legality of that decision was debatable, and Nobody vacated the position. This created a large number of important questions for the Judiciary to answer, including Judicial Review 7. Depending on the ruling for Judical Review 7, Curufinwe's position as Chief Justice might be affected.
Eventually, Chillaxation became President, and appointed Curufinwe to the empty Chief Justice position. However, Donsig posted a confirmation poll asking the citizens to confirm Curufinwe as Chief Justice, which he is allowed to do according to Section 8, Clause C, Sub-Clause V.VB.
VI. All vacancy appointments which are subject to a confirmation poll are provisional until the time for a confirmation poll has passed, or when a confirmation poll for that appointment concludes with a 'Yes' majority.
VIA. Any citizen may post a confirmation poll for an appointment to a Vacant office. This is a private poll, asking the question "Should <citizen name> serve as <office>?", with the options Yes, No and Abstain. This poll should last for 48 hours. If a majority of citizens who vote, excluding abstain, vote no, the appointment is reversed. This citizen may not be appointed to that office again that term.
VIB. A Citizen who holds office may apply for a new office before the 72 hour waiting period provided they write in their application that they will resign from their current office. That citizen does not have to resign until the provisional period passes.
Although Curufinwe was approved in this poll, some citizens question the poll's legality. In Citizen Complaint 2, Swiss Empire accuses Donsig of posting an illegal poll, pending the results of Judicial Review 10, which asks the Judiciary to rule on the legality of said poll. The validity and legality of this poll directly affects the provisional status of Curufinwe's Chief Justice position.
So far, I've identified three cases currently in the Judiciary Department's docket that directly affect Curufinwe. ((CC2, JR7, JR10.)) In addition, Judicial Review 5, which affects amending our Code of Laws, was a direct result of our debates over nominations.
And yet, even though Curufinwe is affected by all of these court cases, he has not recused himself from them! Because of this, he is in violation of Article F, Clause 3 which requires judiciary members to be fair and impartial.
Because of this, I would please ask Curufinwe to recuse himself from the cases mentioned above, and the charges will be dropped. If not, there will be no choice but to take this to a poll on guilt or innocence.
---
The next two posts are reserved for the Public Defender and the Defendant.