Term 2 - Judiciary - The Hut of Justice

Welcome to the Term 2 Judicial Thread.

Term 1 - Judicial Branch - Conseil Constitutionnel

Sitting at the Stone bench in the Hut of Justice:
Chief Justice: Ravensfire
Associate Justice: Peri
Associate Justice: donsig

The Laws of Fanatica
Judicial Log

The Judicial Branch gains its duties and responsibilities from Article F of the Constitution and Section D of the Code of Laws.

Official Census of Fanatica: 35

Quorum to Amend the Constitution: 23
Quorum to Amend the Code of Laws: 17
Quorum to Amend the Code of Standards: 0

Current Amendments to our Laws:

Current Docket and schedule of cases:
Active
T2-JR1 Review of Term 1 Special Elections, requested by donsig
T2-JR9 When may leaders post instructions?, requested by donsig
T2-JR11 Legality of Election Reform poll, requrested by donsig
T2-JR12 May a deputy play the save?, requested by zorven
T2-CC4 vs Chieftess, requested by zorven
T2-CC2 vs Rik Meleet, requested by donsig

Active Cases
These are requested Judicial Actions that have their own thread.
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T2-JR1-Special Elections
As requested by donsig

I would like to request a Judicial Review of the special election that was held for Chief Justice in term one. I would like a review of it's legality, specifically in light of (though not limited to) Article G of our constitution.

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Link to public discussion
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T2-JR9-May a leader post instruction prior to their term beginning?
As requested by donsig

I would like to ask for a Judicial Review of Section I of the CoL. Specifically, can newly elected leaders legally post game play instructions before their term actually begins?

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Link to public discussion thread
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T2-JR11-Legality of Election Reform poll
as requested by donsig

I would like a Judicial Review regarding the recently *passed* section J.1.d of the CoS. Specifically, was the ratification poll done in accordance with Section N.1 of the CoS?

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Link to discussion
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T2-JR12-May deputies play the save
as requested by zorven

Can CoS K.4 allow a deputy to play the save in light of the specific nature of CoL G.3? Put another way, can CoS K.4 expand the Chain of Command beyond what is defined within CoL G.3?

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Link to discussion
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T2-CC#4-vsChieftess
as requested by zorven

A citizen not authorized to play a chat has done so in violation of CoL G. This violation occurred during the Turn Chat held on Feb 24 20:00 GMT. I might have given some leeway in this matter, but I even listed the CoC in the Turn Chat Instruction Thread. The citizen that played the chat on Feb 24 not only played illegally, but also made an illegal trade of currency and ignored posted build queues.

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Status: Determining Advocates
Prosecution: Open
Defense: Strider
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Pending Cases
These are requested Judicial Actions that do not have their own thread yet.
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T2-CC2-Citizen's Complaint against Rik Meleet
As requested by donsig

I would like to ask that a citizen complaint be initiated against Rik Meleet for violating Article J of our Constitution.

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Closed Cases
These are Judicial Actions that have been resolved.
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T2-JR2-Reviewing Previous Judicial Reviews
WITHDRAWN
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T2-JR3-Is T2-JR1 in correct format?
WITHDRAWN
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T2-JR4-Were Octavian X and Bootstoots elected to the Judiciary?
As requested by Donovan Zoi

Under our Constitution and CoL, should the AJ positions of Bootstoots and Octavian be considered vacancies and thefore subject to appointment by our President?

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Link to ruling
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T2-JR5-Were the Judicial Elections valid?
WITHDRAWN
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T2-JR6-Provincial Boundaries
As requested by donsig

I request a Judicial Review to determine which cities are in the Province of Berry.

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Link to ruling
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T2-JR7-Powers of the Ministry of Internal Affairs
As requested by donsig

I would like a Judicial Review of CoL B.2.e7. Specifically, does this section of the CoL give the ministry of Internal Affairs the authority to over-ride gubernatorial and Senate instructions on land use and slider settings.

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Link to Ruling
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T2-JR8-Powers of the Election Office
WITHDRAWN
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T2-JR10-Can the Judiciary strike down an existing law?
As requested by Cyc

I'd like to put a halt to striking down of our law CoS J.1.d with a JR. The Judicial Dept. is claiming they can do this in accordance with Article F of the Constitution.

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Link to ruling
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T2-CC1-Citizen's Complaint against Bootstoots
WITHDRAWN
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T2-CC3-Citizen's Complaint against Shalashaska
As requested by Chieftess

Ok, I guess by virtue of Shalashaska's very post, a CC is in order. I hearby request a CC against Shalashaska for the following: <Multiple alledged violations of Article M of the Constitution

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Prosecutor: Strider
Defense: Bootstoots
Complaint Accepted, remedy agreed to
Closed
Link to resolution
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I wish to submit my application to fill in the second seat of the Associate Justice seat . I am an experianced JA in DG3 .

Originally posted by CivGeneral
I wish to submit my application to fill in the second seat of the Associate Justice seat . I am an experianced JA in DG3 .

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CG,

Before anything can happen, the Election Office needs to meet with the Moderators and determine the official results of the Term 2 Judicial Election.

Also, your request must be made to the President - he is the only person who may appoint citizens to a vacant office.

-- Ravensfire, Citizen of Fanatica

Originally posted by ravensfire


CG,

Before anything can happen, the Election Office needs to meet with the Moderators and determine the official results of the Term 2 Judicial Election.

Also, your request must be made to the President - he is the only person who may appoint citizens to a vacant office.

-- Ravensfire, Citizen of Fanatica

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Gah!!!. The results should be you and Strider since the rest have already won an office already.

Well, I already sent my application to Zorven

I would like to request a Judicial Review of the special election that was held for Chief Justice in term one. I would like a review of it's legality, specifically in light of (though not limited to) Article G of our constitution.

For the record, both eyrei and I agreed to let donsig pursue this matter so feel free to do so once we have a full Judiciary in place. Thank you.

Originally posted by Donovan Zoi
For the record, both eyrei and I agreed to let donsig pursue this matter so feel free to do so once we have a full Judiciary in place. Thank you.

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Thanks DZ, you just saved me from a PM.

-- Ravensfire, Chief Justice

Until such time as the full Court is seated, no requests for Judicial Actions will be acted upon.

Steps that need to be taken (01/30 10:57pm):
This is also the order that they will occur
1. Official results posted by Election Office
2. Any vacancies filled by the President.
-- This includes any refusal polls and related actions
3. Any Judicial Actions related to the Term 2 Judicial Election

These actions need to occur as the Court as taken note of possible actions. This will delay some requests, and the Court does apologize for the delay, but it must be done in this order.

Our thanks for your patience during this process.

-- Ravensfire, Chief Justice of Fanatica

No problem. I will work with the Election Office on this matter.

I'll keep you posted.

Actualy, I was notified by Plexus via AIM that I am a deputy govenor, so I wish to withdraw my application.

DZ has given me permission to make the call on the electoral matter. As there are no election laws regarding withdrawals, it seems apparent that it can be interpreted as a vacancy because they were already on the ballot, or as removal of that citizen from the ballot. The Election Office has decided that withdrawals should be treated like they were in past DG's as a removal from the ballot, but recommends that a standard be passed to codify this issue one way or the other.

As a result, the current justices are ravensfire (chief justice), Strider, and a vacancy to be filled by an appointment from zorven.

Thank you Bootstoots for handling this situation in a timely manner.

Announcement:

I am honored to hereby appoint Peri as Associate Justice for Term 2 in accordance with Code of Laws Section H.

Request for Judicial Review

I call for a judicial review on the legalities of reviewing, and potentially reversing a previous Judicial Review's results. The specific law in question is Code of Laws Section D.2 b and c.

b. Participate in Judicial Review to determine the
legality of proposed amendments, laws and standards.
c. Initiate and participate in Judicial Review to
interpret and clarify existing amendments, laws and
standards.

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Previous judicial reviews are not mentioned in that list of reviewable areas.

Request for Judicial Review

I call for a judicial review on the legal standing of donsig's request for review noted above. It is not submitted in proper format, as required by Code of Standards, Section M, 1.a.1.A. Specifically that there is no law referenced to be reviewed as required.

1. Any citizen may request a Judicial Review by posting
the request in the Judicial Thread or via PM to any
Justice.
A. The request should contain the question and the
specific law involved.

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Article G, as pertains to the elections has already been adjudicated by the Court in term one. Therefore there is no question on Article G.

And now it's time for another round of Justify Your Existence with an encore performance by our Judiciary!

Alas, once again it seems we are in a position where electoral confusion reigns for the branch of government that interprets our laws. It seems that two of the three victors in the Judiciary election --- Foreign Advisor-elect Bootstoots and T & T Minister Octavian X --- opted to take positions in the Executive Branch instead, allowing the Election Office to claim victory for the fifth-place candidate, Strider. The fourth-place candidate, zorven, actually claimed the Presidency.

That said, I would like to put the following question up for Judicial Review:

Under our Constitution and CoL, should the AJ positions of Bootstoots and Octavian be considered vacancies and thefore subject to appointment by our President?

I repsectfully submit:



Unfortunately, I see nothing else in any of the Three Books that suggests that refusing one office in favor of another nullifies the results of that election.

Thank you for your time regarding this matter, and my apologies for increasing the workload so early in the term.

Request for Judicial Review

I call for judicial review on the judicial election just completed. It is a violation of Fanatikan laws for any citizen to hold two offices simultaniously. See a little thing we like to call the Constitution. Article H:

Article H. No person shall hold multiple positions of leadership
(President, Department Leader, Judiciary, Provincial
Governor) simultaneously.

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There are provisions in the law for accepting multiple nominations, however it is strictly forbidden to hold any office simultaniously.

Therefore, Zorven was either never the President, or never the Associate Justice who could in turn resign his position. He could only legally hold one office at one time.

Citizen Complaint

Pending the results of my requested JR above, I file this citizen complaint against President Zorven.

If the court rules that the judiciary elections are legal, then I file this complaint against the President for violation of Article H of the Constitution. In that the President clearly violated the law by holding two positions, in different branches of government, for a period long enough to resign a judiciary position, giving himself ability to appoint his own replacement.