Term 3 Judiciary

YAY, The judiciary is moving!!!! Yay!!!!

And Veera, i respect your opinon that the CC has no merit. I only posted it because i felt that by Donsig extending the poll for to extra days so he could get the Cheif Justice to stand aside was impedeing them. But yor probably right:)
 
>_>; **Ahem** Whatever do you mean Black Hole?

Edit: Changed.
 
Whoa, whoa, here. Veera Anlai, you're getting way ahead of us here by posting all those opinions on the various judicial reviews. Maybe I'm the only one but I have refrained from participating in the discussion threads on these judicial reviews until such time as the appointment of the CJ is resolved. I had hoped the judiciary would hear all legal arguments before ruling on these cases! Are we to take the opinions you posted earlier as official rulings???
 
Holy cow - there's a lot going on here! I go away for the weekend and madness ensues!

Curufinwe, if possible, please copy the summary Veera posted into your initial post as the start of our docket and keep it updated. Look at the first term thread for a good example. Also, as various matters are resolved, be sure to update the Judicial Log.

Official business, for right now, I'll issue opinions only the two CC requests and the Absence investigation.

C4DG1CC1 - People vs Curufinwe
donsig has requested an Investigation of Curufinwe for a possible violation of Article F, Clause 3 of the Constitution "The Judiciary will carry out all its tasks in a fair, impartial, public and speedy manner."

I find this request to have merit and should be moved to the trial phase.

C4DG1CC2 - People vs donsig
Swissempire has requested an Investigation of donsig for a possible violation of Article F, Clause 3 of the Constitution "The Judiciary will carry out all its tasks in a fair, impartial, public and speedy manner."

I find this request to not have merit.

Ruling:
The clause cited by Swissempire tasks the Judiciary with executing its tasks, in part, in a speedy manner. donsig does not have any office in the Judiciary, and thus cannot be held responsible for the actions of the Judiciary. He may request those actions he deems fit, and allow the Judiciary to handle those requests. The clause cited cannot be used as a frame for an investigation of a private citizen.

Further, a review of the full ruleset does not yield any law that might have been violated by donsig. All of the actions under question taken by donsig are guaranteed by law. The thought that we should hold a trial for a citizen when they are exercising their rights is reprehensible to me, as it should be to all citizens. Rights are not given power when exercised with the majority, they are given power when a minority uses them to oppose the majority.

C4DG1AA2 - Veera Anlai
Black_Hole has requested an Absence Investigation of Judge Advocate Veera Anlai. With the post by Veera subsequent to this request, I find this request to not have merit.

Welcome to the bench, Veera!

Summary of other matters
I am withholding my decision on the remaining JR's until the CC against Curufinwe has been resolved. I encourage ALL citizens to participate in those discussions, so that when the case is resolved, these matters may be closed quickly.

-- Ravensfire, Public Defender
 
nobody said:
Oh just so you know in my post, the bold was stuck on. No reason for the bold. Also Daveshack is great but if he decideds not too accept, i would like to just throw mhcarver name into the mix.
__________________

If asked to serve as a pro tem I will glady do so, until then I will stay out of this beyond voting in any polls

-mhcarver
 
Judicial procedure says I can post my findings after twenty-four hours have passed. In addition, debate in the Judicial Review discussion threads had died down for two days before I posted my findings. Also, I believe part of my duty is to do all this in a speedy manner, no?

I've refrained from ruling on any matters which rely on currently pending cases. The rest of my findings stand. ^_^

EDIT: While I understand that the CC against Curufinwe is important, and that it may affect his decision to rule on these Judicial Reviews, I do *not* believe that the CC affects my own decisions on said Judicial Reviews, and my decisions will remain the same whether or not Curufinwe is found innocent. Just a clarification.
 
I read the procedures, all...and it doesn't say anything about who appoints a pro-tem CJ for a CC against the sitting (disputed) CJ.

And since the procedures are in the hands of the CJ who posted them, I ask you, Curu, if you think it would be correct for me to appoint a CJ to oversee your CC.
 
The procedures say that the CJ will appoint pro-tems and seek confirmation from the President. I have chosen DaveShack due to his intelligence and independence, and now all we await is your assent for him to be pro-tem for this case.
 
Curufinwe said:
The procedures say that the CJ will appoint pro-tems and seek confirmation from the President. I have chosen DaveShack due to his intelligence and independence, and now all we await is your assent for him to be pro-tem for this case.

I agree with this reading of the Judicial Procedures.

-- Ravensfire, Public Defender
 
:crazyeye: Guys, I looked through the section on CC but not the bullet points above. And I was searching the document for about 15 minutes. :rolleyes: And there's really not that much document.

I totally missed the bullet point on pro-tem justices at the beginning of the procedures.

I'll go over to the trial thread and confirm DS as presiding, there.

Thanks for bearing with me.
 
I put the following amendment to the CoL up for Judicial Review:

Code of Laws

Element A. The Government
The government will consist of the Executive Branch, Legislative Branch and Judicial Branch. These branches and the Citizenry as a whole are responsible for the management of the game

Element B. The Executive Branch
The Executive Branch is headed by the President, the overall Leader of the land, and shall include a group of Advisors, each of whom heads a office that is responsible for one major facet of the country. Any duties that are not given to a Leader is automatically assumed to be part of the Presidents duties, this includes management of the National Budget.

Section 1. Ministry of War
The Ministry of War is charged with management of all offensive and defensive units. They are also given the duty of tatical planning during war and the strategic planning of war. During times of both peace and war, the Ministry of War is tasked with the management of the Nations Defense.

Section 2. Office of Culture
The Advisor of culture is charged with the movement and placement of settlers. They are also charged with the formation of boundaries and the monitoring of our culture levels. The building of wonders and the control of Great Prophets and Artists are also given to the Office of Culture. Additionaly, culture is responsible for the spread of religion throughout the continent.

Section 3. Office of Foreign Affairs
Foreign Affairs is charged with the negotiation of treaties and all espionage related activities. It is also given the duty of exploration. They are also charged with the management of all trade related activities, and are given control of Great Merchants.

Section 4. Office of Research and Development
The Office of Research and Development is given control over all worker related activities. They are also charged with our nations research and the sliders. The Office is also given the duty of technological research, and controls all Great Scientists and Engineers.

Section 5. The Censors Office
The Censors Office is tasked with the duty of validating polls and elections, and determining the census. Upon election, the Censor shall lay down polling procedures for his term in office. The Censor is also responsible for the management of elections, and for polling and discussinh the naming of units and cities.

Section 6. Designated Players
The designated players are responsible for the play of the save. A designated player controls worker movement and actions during their play session. Designated players must follow the instructions and goals of a leader, if possible.

Element C. The Legislative Branch
The Legislative Branch shall be made up of The House and the Governors.

Section 1. The Governors
The Governors are charged with the management and specialization of a single city. They have the power to hire specialized cities, and to create the build queue for their city.

Section 2. The House
The house is formed by the a census of the active citizenry, and is charged with the formation and passing of laws.

Element D. The Census and amending the Code of Laws
The average of the number of votes cast in each of the most recent contested elections shall constitute an active census of citizens. The highest vote total of these elections shall constitute a full census (the House). A simple majority of the house must be achieved for an amendment to pass. An amendment must pass a Judicial Review and be open for discussion for 72 hours before a poll may be posted. The poll must remain open for 48 hours.

Element E. The Election process
Elections shall decide who among the citizenry are trusted to manage the game. The President, the Advisors, Judiciary, Governors, and Designated Players are all elected. Each of these poistions, excepting the Judiciary, shall have a deputy chosen by the winning citizen. The Election process shall be made up of Nominations, Debates, and the Elections themselves. No citizen may run for the same office 3 consecutive terms.

Section 1. Nominations and Debates
Nominations shall be posted approximately 8 days before the end of the term, debates will last through the duration of the nominations. Nominations will be closed when the election polls start.

Section 2. Election Polls
Election Polls shall be posted approximately 4 days before the end of the term, and will be set to run for 3 days (72 hours). The candidate with the highest number of votes at the end of the 3 days is considered the winner. If two candidates tie, then a run-off poll, lasting 2 days (48 hours) is posted with just those two canidates. The election for designated players shall be multiple choice, and list all of the possible candidates. Any candidate that recieves over 50% of the vote is a designated player for that term.

Section 3. Judicial Terms
The Judiciary shall remain in power one week after the election of a new Judiciary. At this time, the newly elected Judiciary shall take over.

Element F. Vacant Poistions
An advisor or Justice may declare themselves to be Absent for a period of time. This period may not exceed 1 week. During this time, the deputy or pro-tem will act with all power and duties of that office, surrendering them to the official or Justice when they return or at the end of the planned absence, whichever comes first. If this period exceeds one week, then the deputy or pro-term may keep the power and duties of the office, unless they decide to give it up. Should an official fail to post in the DG forum for 3 days in a thread related to their area without prior notice, the Judiciary may declare that office Vacant.

Section 1. Judicial Absence's
If a Justice has not posted on any active Judicial matter for seven days, the remaining Justices may declare the Justice Vacant. If all three Justices fail to post on any active Judicial matter for seven days, the President may declare all Judicial offices Vacant, and immediately appoint a new Chief Justice. The remaining members of the Judiciary appoint a replacement for a vacant Justice.

Element G. Recall
Any citizen may request a recall for an elected official by posting a thread in the Citizens forum, citing the reasons for the recall. If two or more citizens support the recall, the Chief Justice must post a recall poll. The poll must run for 3 days, be private, and be set up in a Yes/No/Abstain. If 2/3 of the census votes to recall an official, then the official is removed from office, and the office becomes vacant. In the case of a Judicial recall, the President will handle the recall poll.

Element H. Referendum
A referendum is the submission of a proposed public measure or a decree to a direct popular vote, it is the second highest form of decision making. A referendum must comply with all polling procedures.

Article I. Initiative
An initiative is executive legislation created, proposed, and approved by the citizens. It is the highest form of decision making, and over-rides any other decisions, excempting a decision tasked to do so.

Proposing an Initiative
Any citizen of the democracy game can propose an initiative. An initiative must receive atleast 3 days of discussions and two days of polling. Initiatives only hold power during the term they are approved, unless otherwise stated.

Element J. Sunset Clause
A sunset clause is an emergency legislative act. It must be discussed for 48 hours, and receive 24 hours of polling. A simple majority of the house is required to pass the clause. A sunset clause will automatically be removed at the end of the term it was passed in, or during a other pre-determined time. At this time changes made by the sunset clause will revert back to it's original state.

Element K. Effect
This Code of Laws will only come into effect the term after it's approval. This law will be removed after the Code of Laws comes into effect.
 
The citizen complaint poll is now closed and the result is 12 votes for innocent, 9 votes for guilty and 3 abstentions. This would seem to resolve the question of forcing the judiciary to do something. However, I would point out that fully fifty percent of those citizens voting in the trial poll did not see fit to cast their vote for the chief justice. That seems to me to be a strong indication that a large proportion of our citizens do not want our judiciary members making official rulings on cases that involve themselves.

In light of this, I once again call upon our chief justice to voluntarily recuse himself from the judicial reviews that have any bearing whatsoever on appointments to the office of chief justice this term. Such a recusal (if that's even a word) could in no way be considered sucummbing to external pressure given the results of the trial poll. It would be looked upon (as least by me, but I imagine by many others as well) as a valiant attempt to restore unity among a divided citizenry and as a noble effort to rebuild faith in our juducial system.

Mr. Chief Justice, please consider recusing yourself from these cases.
 
As Donsig has already noted...

The CC-1 Jury has found Curufinwe Innocent in this poll. The result has been posted in the judicial log.

This ends my involvement in the case as Chief Justice pro-tempore.
 
Fellow citizens,

We've got a fair number of Judicial Review's outstanding right now. Please, review them and comment as you wish. This is your game, your words have a impact on those of us that make the rulings on those questions.

I intend to post my rulings on all outstanding issues as of now tomorrow evening. It's time to keep this all moving.

-- Ravensfire
 
I would like to retract both of my CC's against Donsig, but would like to continue with JR10, and would like Curufinwe to rule on its merit.
 
I will post rulings later tonight, and then organise the docket. Apologies for my failures, once again, and I'll try my best to rectify them.
 
Curufinwe said:
I will post rulings later tonight, and then organise the docket. Apologies for my failures, once again, and I'll try my best to rectify them.
They are not failures. You were simply not given enough time to do it with out someone demanding you do something. It must have been over whelming, and you dealt with it with such grace. :goodjob:
 
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