concerns about the judiciary

Flemingovia

Flemingovia

TNPer
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I realise that I am no longer a TNP citizen, and therefore probably have no right to express myself like this, but as defence counsel in the JAL trial i am extremely concerned about the quality of judicial oversight we have received in that case.

To date six or more justices have had oversight of the JAL case. Some of that has been due to the election cycle, but it has also been due to justices offloading their responsibilities onto others.

On his election as chief justice, Dali took over the case - the only case on the court docket. After a couple of initital posts, things stalled until 30th October, when I understand first Peterstan and then Cakatoa were told to take over. Progress on the trial has not improved since then; Cakatoa's only substantive contribution has been to say taht he "needs to consult" before he can make a ruling.

This is not the only area where the court has been inadequately served. On 18th October DAlimbar promised a ruling on the issue of whether a RA member can be removed during an election. Dalimbar said:

As there has been no decision regarding this from the previous Court, the incoming Court will issue a judicial review by the end of the week. Thank you for your patience.(Oct 18 2011, 02:40 AM )
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Nothing happened.

On 18th October Dalimbar posted on the issue of the appointment of a Vice Delegate. Dalimbar said:

As there has been no decision regarding this from the previous Court, the incoming Court will issue a judicial review by the end of the week. Thank you for your patience. (Oct 18 2011, 02:47 AM)
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Nothing happened.

On the issue of the complaint from Grimalkin, Dalimbar posed:

The Court acknowledges your request, and will be investigating. I'm hoping to have the Court make a ruling by next week.

Thank you for your patience.(Oct 18 2011, 11:31 PM )
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Nothing happened.

This covers every single issue that has been before the court during Dalimbar's term of office.

Now I understand that not all of these have been directly Dali's fault - but they have all been on his watch. I also understand Dali's real life pressures and interests in other regions which have taken up his time. But I am concerned that the whole of TNP's judicial system has ground to a halt. I Do not wish the trial of JAL, not to mention the other issues, still to be outstanding at the end of this term.

I feel the time has come for Dalimbar to resign and make way for an active Chief Justice who will fulfill his obligations and make sure his associate justices fulfill theirs.
 
Personally, I think you should be a member of the RA before attempting to bring such a concern forward. If this is such a concern to you, you can always join the RA again and attempt to deal with it through there.

These problems could be solved by PM, like, for example, PMing me to ask what the hold up was. Funnily enough, I was going to make quite a few posts today, including a proposal for a strict target end date for the trial. (I was thinking the 16th or 23rd of this month).

And yes, I was "conferring with my fellow justices on this particular matter", but since the defence is so eager to get this done, perhaps we should hurry this up?


Edited for Grammar and tone.
 
The defence would not favour a fixed end to this trial, especially one that is set so soon. As set out in the defence statement, our case is a detailed one, rather more complex than the prosecution's "he's guilty because he looks a bit shifty, besides, Gross got a bit suspicious" case. I would not wish my client to be inadequately represented because of an arbritary timescale set by the court.

However, we would like things to push on. The ball is out of our court, however, since we are in a cross-examination phase. If you would rule on the two objections outstanding, then things would move on much faster.
 
flemingovia:
Is dalimbar intending to issue the judgements he promised by 22nd October? they are now three weeks overdue.
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Exactly. I do not know what he is doing, and if this does keep up, we may need new justices.
 
Want to impeach me, go ahead.

While I have set the trial to another justice, whom I have confidence in, I have received zero (0) comments, questions, concerns, or queries from any TNP member (including Flem for this). Those of you nice enough to care have asked what's up, and I informed you.

Flemingovia, you are currently not a RA Member nor citizen of The North Pacific. I expect you to remember that in this Court, unless you choose to change that yourself.

Now that I have a day off from RL work, GP, Cakatoa and I will have the chance to actually sit down and finalize what we have already been discussing on the various legal opinions.

Now, carry on.
 
Dalimbar:
Want to impeach me, go ahead.

While I have set the trial to another justice, whom I have confidence in, I have received zero (0) comments, questions, concerns, or queries from any TNP member (including Flem for this). Those of you nice enough to care have asked what's up, and I informed you.

Flemingovia, you are currently not a RA Member nor citizen of The North Pacific. I expect you to remember that in this Court, unless you choose to change that yourself.

Now that I have a day off from RL work, GP, Cakatoa and I will have the chance to actually sit down and finalize what we have already been discussing on the various legal opinions.

Now, carry on.
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Your Honour, if you actually read the posts I have made in each of those threads, you have not said anything, contrary to what you stated in those threads to have a decision reached by the end of that week.

Additionally, when I brought judical matters to your attention over IRC, you did not seem to care about anything I said. You could have easily informed us what is going on then, instead of keeping people in the dark.
 
I apologise for grave-digging this thread, but this problem of inactive judges needs to be resolved. If you're going to run you should be expected to participate, not just simply scamper off without an explanation just so you can add a title to your signature.

I understand the sides in the JAL case may have had issues with my time as an AJ, but at least I actually remained active, and tried to move things along.

At this point whatever's left of the court should probably declare a mistrial and adjourn the case until an active, STABLE judiciary is found.
 
You know, the "politcal party" started its efforts by going after the judicial branch in the last elections, and won the seats they contested.

None of them are around, are they? The AG, the special prosecutor, they're not around either. It's like their real position is to paralyze the region until they get their way. (Reminds me of the Tea Party.)

The instant the new sinkers were introduced, they all more or less disappeared. They ignored their commitments, and tried to blame me for not posting an agenda in the campaign leading up to become Delegate. Then they dominated the R.A.'s agenda with a foolhardy and poorly thought out plan and when pressed for real details, none were forthcoming for months.

All that did was prove how foolhardy political parties are in TNP. They certainly don't belong in the judiciary. I haven't decided yet whether I will stand for re-election. I'm not in the mood for another term like this one; and I've been continously active in TNP in one way or another for more than seven years now. I haven't taken any sort of break the whole time, even when RL conditions were in play, before I became an Admin here.

If anyone wants to know why I wasn't enthusiastic about a proposal Elu made to me a couple of months back that Dalimbar be made an Admin here, Dali's extended absence from the forums and the Court in the middle of an ongoing trial is evidence enough to support my concerns.

I plan to decide on my plans concerning the election before nominations close, but there is a group whose half-baked, poorly made plans have made a terrible mess of the region, and nothing I could do as the elected Delegate would change that, unless I were to violate the Constitution and Bill of Rights, and that I will not do.
 
RAther than playing the blame game, perhaps the remaining members of the government/judiciary could take a look at the JAL trial and try to sort out the mess that has been left?
 
Well as a former member of the judges i would have to agree and if I was them I would move for a mistrial and then try to move on.
 
I would have gone for a mistrial from the beginning of this farce, from the moment it became apparent that this was a politically motivated move triggered by a desire to keep jal out of the regional assembly, and certainly from the moment it became clear that the prosecution were offering little evidence and no testimony, and the judiciary could not run a piss up in a brewery.

However, calling for a mistrial would not be the end of this. A mistrial would not clear my client's name or give him the protection of double jeopardy. A mistrial would mean the chief justice starting again from the very beginning. At best it would mean that the charges would be eternally hanging over my client, and could be maliciously revived at any point.

Given the way this trial has been conducted, natural justice would suggest that charges ought now to be dropped, or the trial crashed through lack of evidence ( remember, the prosecution has presented no witnesses and little evidence beyond the odd forum post and quotes from the constitution.)

However, as I understand it, charges would need to be dropped by eluvatar, as attorney general when the trial began. Thus far he has stubbornly refused to do so, and seems content to play this out, even if it means that tnp becomes a laughing stock. As blue wolf has said, the current attorney generals hands are tied. The ball is in Elu's court.
 
Well someone should poke Eluvatar hard, preferably with something sharp and painful and full of explosives to wake him up?
 
Grosseschnauzer:
You know, the "politcal party" started its efforts by going after the judicial branch in the last elections, and won the seats they contested.

None of them are around, are they? The AG, the special prosecutor, they're not around either. It's like their real position is to paralyze the region until they get their way. (Reminds me of the Tea Party.)

The instant the new sinkers were introduced, they all more or less disappeared. They ignored their commitments, and tried to blame me for not posting an agenda in the campaign leading up to become Delegate. Then they dominated the R.A.'s agenda with a foolhardy and poorly thought out plan and when pressed for real details, none were forthcoming for months.

All that did was prove how foolhardy political parties are in TNP. They certainly don't belong in the judiciary. I haven't decided yet whether I will stand for re-election. I'm not in the mood for another term like this one; and I've been continously active in TNP in one way or another for more than seven years now. I haven't taken any sort of break the whole time, even when RL conditions were in play, before I became an Admin here.

If anyone wants to know why I wasn't enthusiastic about a proposal Elu made to me a couple of months back that Dalimbar be made an Admin here, Dali's extended absence from the forums and the Court in the middle of an ongoing trial is evidence enough to support my concerns.

I plan to decide on my plans concerning the election before nominations close, but there is a group whose half-baked, poorly made plans have made a terrible mess of the region, and nothing I could do as the elected Delegate would change that, unless I were to violate the Constitution and Bill of Rights, and that I will not do.
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And those who went to the Sinkers - consoldiate themselves as a bloc, a clique, and choose to themselves whose allowed in the region and who isn't, democratic processes and due process be damned. That's what happened to me in Osiris, where I was illegally banned despite my not violating any policies or laws otherwise, as well as promises from the regional forum admin that I wouldn't be banned.

I have no problems with political parties, I do have problems with parties that basically hijack everything else in TNP for their own agenda...
 
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