Office of the Judiciary - Term 1

[Shaitan]

Originally posted by Danke
Frankly, I think AJ should go with "Beer Drinking Doughnut Fetishist".

What? Is Octavian going to be the assistant then?



(Sorry, X. Couldn't resist. )

 

[Danke]

I was thinking mentor ;-)

 

[Octavian X]

Let us not denounce the good name of the doughnut!

Seriously, though, 'assistant' governor is what rang my 'UNCONSTITUTIONAL' bell.

 

[disorganizer]

Now what if we call it "unconstitutional assistant governor"? (uag)

 

[Danke]

Right, like JAG, if you're swedish.

 

[donsig]

Originally posted by Eklektikos
He has the constitutional right to appoint an acting governor, and when discussed last term the Judiciary concurred that confirming an a citizen in the position pre-emptively would be perfectly acceptable.

So where's the problem?

The constitution says nada about deputies, assistants, acting what-evers and chat reps. there is no constitutional right for a governor to appoint anything. Any such right would have to be inferred from the CoL or CoS.

The CoL specifically states that governors do not have deputies. I don't care what you call it, it's still a deputy. An acting governor can be appointed when the governor is unable to fulfill his or her duties not before. Acting Governor is specifically a temporary position. There was no talk about a governor being able to appoint an acting governor in advance. In fact, Section J of the CoS was passed becasue governor's don't have deputies.

AJ has a great idea. I argued for gubernatorial back-up during the section J discussions but the idea was roundly defeated. I have no problem with deputy governors (or what-ever you want to call them) as long as we do it legally by changing the wording in the CoL that says governors do not have deputies.

 

[disorganizer]

The difference of the deputy governor and AJs proposal is that the deputy governor would have full governmental rights even if the governor is there, as in AJs proposal the position has a bit less rights until the governor is absent, in which case it automatically takes over.

 

[Shaitan]

@dis - Actually, due to the messed uppedness of getting around the laws that are in place, AJ's proposal has the assistant governor powerless if the governor is absent. It specifically says that the assistant does not automatically take over if the gov goes missing.

 

[disorganizer]

But couldnt we interpret the posting of a absentee rule and the explicit will of the governor to have the acting governor take over after this rule as posted absenteeism?

 

[Shaitan]

@disorganizer - No, not the way the rules are written.

Like donsig said, if you want a deputy governor (no matter what you want to call the position) get the rules changed to allow it. donsig and I both strongly support deputy governors and have tried to get them several times. Each time the idea is defeated but gathers a bit more support. Maybe this time it would pass.

 

[Almightyjosh]

Thankyou, thankyou to Eklektikos for the revelation (sarcasm) that it matters not one bit what I call this bundle of positions. Accordingly, I am going with Beer Drinking Doughnut Fetishist Governor (BDDF Gov) for now so stop whining about the name.

Sorry Dis, I am afraid that to be in accordance with the current law, the BDDF Gov would only assume acting Gov status when an absence is announced. In the case of an unnanounced absence, the Prez and council make the call on appointing someone. This is the major difference between the BDDF Gov and a Depudy Gov.

The council and prez have complete control over this and may (if they wish) totally ignore who is the BDDF Gov at the time.

 

[Shaitan]

AJ - Work on the law change. Make it all solid and official. You'll get help and support. Heck, you could even hire AP&N to do it for you.

 

[Danke]

What is truly important here is that at the end of the day, working through our existing laws and democratic structure, we have a solution with a totally cool and ludicrous title.

And *that's* what constititional government is all about my friends.

 

[donsig]

The Governor of Bohemia has posted a poll to confirm the appointment of Neutral Leader as Acting Governor of Bohemia. Under Section E.6.D of the CoL, I hereby request an interpretation and clarification of existing amendments, laws and standards as they pertain to this appointment. I specifically request an interpretation and clarification of Section D.1.B which states:

Governors do not have Deputies but may appoint an Acting Governor when unable to fulfil their duties. The Acting Governor has all powers and responsibilities of the Governor but is a temporary position and must surrender their acting status upon the request of the governor.

Brief from petitioner:
The wording of this clause clearly states that an Acting Governor may be appointed when the Governor cannot perform his or her duties. The fact that the clause states that Governors do not have deputies implies that there is to be no governor-in-waiting. In light of this, the petitioner claims that this appointment violates the intent of the CoL Section quoted above.

 

[Octavian X]

I take it that this is an offical Judicial Review.

In that case, I present my own.

I find that this law specifically states that, first of all, under no circumstances may a governor have a deputy.

If a governor does decide to appoint an acting governor, after approval is passed with the normal 21 vote poll, the acting governor would take power when the governor announces his absence, taking all powers normally held by that governor. The acting goveror, then, would surrender power to the governor upon his return.

 

[donsig]

Originally posted by disorganizer
We should investigate whether he played in ADVANCE first. I believe we have no rule against playing ALONG (which means not hitting enter before the DP does). It would be like a parallel-universe.

I am not able to send Ipris a pm or e-mail so there seems to be no way short of a PI to investigate this. The concensus seems to be to leave it at the warning already issued by the Chief Justice. Unless someone wishes to formally re-open this I'm declaring the case closed. (BTW - is Bill_in_PDX back yet?)

 

[Octavian X]

Bill'll post here when he wants donsig to surrender the gavel

 

[donsig]

Originally posted by Octavian X
I take it that this is an offical Judicial Review.

In that case, I present my own.

I find that this law specifically states that, first of all, under no circumstances may a governor have a deputy.

If a governor does decide to appoint an acting governor, after approval is passed with the normal 21 vote poll, the acting governor would take power when the governor announces his absence, taking all powers normally held by that governor. The acting goveror, then, would surrender power to the governor upon his return.

Yes, I have asked for a Judicial Review.

Would the Chief Justice be so kind as to include in his interpretation whether or not Section D.1.B of the CoL allows for a governor to appoint an Acting Governor when the governor is quite able to fulfil his duties?

 

[Octavian X]

As I see it, the only time one can get his deputy approved is when he is active. I see it as comlpetely legal.

 

[donsig]

Originally posted by Octavian X
As I see it, the only time one can get his deputy approved is when he is active. I see it as comlpetely legal.

But, but, but, but g-g-g-g-governor's c-c-c-c-can't have d-d-d-d-deputies!