Office of the Judiciary - Term 5

[disorganizer]

If shaitan would act in this matter, i would put him on PI for lost impartiality in this case ;-)
Now where is the backup-plan for our judicacy?

 

[Bill_in_PDX]

I propose that Shaitan recuse himself from duties related to this case.

The duties of the Chief Justice are to oversee and ensure that a fair trial is provided, and to see that the JA and PD are doing their jobs. Otherwise the process does not involve direct input from the Chief Justice unless I were to call for NO MERIT.

Given that is an option available in this process, I think it is only fair that Shaitan appoint a Special Council for this case to oversee the CJ role for this investigation.

I believe that Eyrei, as a Mod, and experienced official, would serve well in that role.

Bill
Judge Advocate

 

[Octavian X]

I'm gonna try to contact CT. Maybe she can appoint someone for council approval.

 

[eyrei]

Originally posted by Octavian X
I'm gonna try to contact CT. Maybe she can appoint someone for council approval.

Shaitan has been trying to contact her for about 24 hours. If she does not respond within another 24 hours, it will have to be passed down the chain of command. Since donsig is next, it will pass to the Domestic Leader.

Also, just a note. We do not have any procedure for dealing with the situation where the accused does not respond to the PI thread. Since the 1st post is reserved for that purpose, someone could simply not respond, thus delaying the PI indefinately.

 

[Shaitan]

First, I have resigned from the position of Chief Justice so that isn't a consideration here. Hopefully Chieftess will pop up in the next day. If not, the Domestic Leader will be responsible for appointing a new Chief Justice as she will be officially absent.

The defense has the right to the first posts but only for 24 hours. Once this time has passed they lose the reserved spots.

 

[Zarn]

If CT doesn't show, then could you recommend someone? I want your opinion on it.

 

[Shaitan]

Originally posted by Zarn
If CT doesn't show, then could you recommend someone? I want your opinion on it.

Sure will. Unfortunately my top 3 recomendations are all involved in this PI.

I'll PM you my recomendations tomorrow if Chieftess doesn't show.

 

[donsig]

Originally posted by Shaitan
First, I have resigned from the position of Chief Justice so that isn't a consideration here. Hopefully Chieftess will pop up in the next day. If not, the Domestic Leader will be responsible for appointing a new Chief Justice as she will be officially absent.

From the CoL, Section C, points 1 and 2):

B) The Deputy of the Presidency is the Vice President.

C) The Vice President assumes all powers and responsibilities of the Presidency during the absence of the President.

Point 2) Council
B) Each department will have a deputy. The departmental deputy assumes all powers and responsibilities of the department during the absence of the leader.

How in heaven's name does the Domestic Leader appoint a Chief Justice? I may be under investigation but I am still Vice President, am I not?

 

[eyrei]

Originally posted by donsig


From the CoL, Section C, points 1 and 2):



How in heaven's name does the Domestic Leader appoint a Chief Justice? I may be under investigation but I am still Vice President, am I not?

It would be absurd to have a person on trial choose the judge. The task of appointing a new Chief Justice should fall to the domestic leader if CT does not show up soon.

 

[donsig]

Originally posted by Shaitan
The defense has the right to the first posts but only for 24 hours. Once this time has passed they lose the reserved spots.

I have already pmed Eklektikos and asked him to reserve the second post in the PI thread. I will then reserve the third post. It will take me more than 24 hours to consult with the public defender and post my defense. This is a complicated issue and my time is limited. I am working two jobs this month and one does not come with internet priviledges. I also am unable to get on-line from home right now. I have already pmed the Judge advocate explaining this.

 

[donsig]

Originally posted by eyrei


It would be absurd to have a person on trial choose the judge. The task of appointing a new Chief Justice should fall to the domestic leader if CT does not show up soon.

Absurd or not eyrei it is constitutional and legal for me as Vice President to assume the powers and responsibilites of the of the President in Chieftess's absence.

 

[eyrei]

Originally posted by donsig


Absurd or not eyrei it is constitutional and legal for me as Vice President to assume the powers and responsibilites of the of the President in Chieftess's absence.

Considering it is likely yours would be the only PI that newly appointed Chief Justice would preside over I do not think it would sit well with most citizens for you to do so. But you are correct, you do have the right to make the appointment, but I think it would be counterproductive for your case.

 

[donsig]

Originally posted by eyrei


Shaitan has been trying to contact her for about 24 hours. If she does not respond within another 24 hours, it will have to be passed down the chain of command. Since donsig is next, it will pass to the Domestic Leader.

Also, just a note. We do not have any procedure for dealing with the situation where the accused does not respond to the PI thread. Since the 1st post is reserved for that purpose, someone could simply not respond, thus delaying the PI indefinately.

Well, let's take a look at the rules here (from the CoS):

SECTION J ABSENTEEISM
Point 1) An official is considered absent from the chat turn when they are not present at the chat turn.

Point 2) An official is considered absent from the forum when they have not responded to a required inquiry (Cabinet Vote, request in the official's department thread) in 36 hours.

This post is from the term five presidential thread. It is Shaitan's resignation as Chief Justice and I submit that it is a request (for a new Chief justice to be appointed) in the official's department thread. The request was made at 12:50 pm (GMT) August 13, 2002. It is now 3:28 am August 16, 2002 and more than 36 hours have passed.
As Chieftess has not been heard from I request recognition as President under Section J of the Code of Standards.

 

[donsig]

Here is the new Presidential thread.

 

[donsig]

I have appointed Chiefpaco as Chief Justice. The post is here.

I am not sure how to initiate the council vote for approval. My eyes are getting bleary reading through the CoL and CoS.

 

[Chieftess]

*looks around*

I leave this place for a day, thinking the game is over, and what happens?

*note to self - never let donsig touch the Presidential Chair*

 

[Octavian X]

You'd better be careful, donsig. Is it possible to has two PI's on the same person at once?

 

[Almightyjosh]

So, to clear this up...
Donsig, you NEVER get to be president!!!!!! You stay VP with presidential powers until the Prez shows up again.
As the Prez is quite clearly here again, you no longer have these powers.
CP is not yet Cheif Justice, so CT can pick who she likes. She should not be forced to pick CP and should not feel obliged to, as we MUST assume CP was picked with unfair bias. I think also that he is retired from public life.
Regardless of the law, it was totally innapropriate that the accused pick his own judge, and his willingness to do so is very regretable.

 

[Bill_in_PDX]

Okay, this will be the first of a few posts. Please allow me some time (a few hours) to tie all of this together. I am definately sitting in the middle of this.

Judge Advocate Reviews

Line of Succession

Clearly donsig is innocent until proven guilty. Therefore within the game it is not appropriate in the view of this office that his position as Vice President be bypassed in the line of succession.

I know it doesn't seem right, but frankly it is a bigger violation of the law than he is accused of for this to be promoted as policy.

I say all of this "within the game". eyrei has posted his opinion, and if he imposes it as a mod, then my opinion is moot. Secondly, if the Public Defender agrees with my opinion here, then the absence of the CJ is not a factor.

Who is the current president?

I am concerned with two things here.

First donsig is correct, that should Chieftess not respond to a properly formated request in her thread within 36hrs, then he should be President. I can verify that 36 hrs have passed between CT's responses.

However, eyrei posted a request in a tone that could be interpreted as moderator action when he says "I would like you to hold off for a few days before you accept Shaitan's resignation."

Given the nature of that post, and general confusion around this transition. It is the opinion of the Judge Advocate that Chieftess is still President.

I cast my vote, and ask the PD to do the same not supporting donsig's attempted move. However, there should be NO penalty for this move, as he is following the laws.

Bill
Judge Advocate

 

[Almightyjosh]

I would also like to add, again, that there is nothing in the law that says Donsig would become President (especially not without a poll of some kind). So he may temporarially assume the powers of the president, but that does not mean that he is then the president and may disregard the thread of the absent president and change his tag to President of Phoenatica!!
Sorry Donsig, but you lost the race for president, please don't try and get in the back door.