Temporary Justices

[Gracius Maximus]

My original idea, as expressed in the RA topic on the subject and reiterated in HC's PM, was to have the Delegate and Speaker, since they are the elected positions other than ourselves, appoint a Justice when someone is absent.

I do not believe this needs to be codified in legislation or even publicly shared, although that may be prudent, but an agreement between us directly would suffice all around since we are granted the power to create our own rules for internal structure.

 

[Heft]

Sure, though if we want to avoid issues later....yea I don't really care if you announce it publicly or not.

 

[Haor Chall]

No complaints here.


Edit: Correct me if I'm wrong but I've just been looking at it, and I believe this is the only part that causes the problem:

2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.

Thinking it through;

Though it states it must be brought before the full judicary, it doesn't state that they all have to agree so if one judge recuses themself then surely that only becomes an issue if the remaining two don't agree?

 

[Gracius Maximus]

That was my opinion on it as well.

Perhaps the substitute Judge should only come into play in such an instance then?

 

[Heft]

Would probably be best, yes. Easiest (don't have to bother with a substitute unless really needed) and would "preserve the integrity" of the court better, too.

 

[Gracius Maximus]

Okay, so it seems we are agreed to the general idea. How does this look as a policy:

Internal Court Policy Regarding Temporary Justices

In the event a Justice or Justices of the Court of The North Pacific can not, for whatever reason, render a decision on a matter presented to the full member Judiciary and the remaining Justice or Justices can not reach a common ruling the Court will request from the Delegate and Regional Assembly Speaker the appointment of a Temporary Justice who will be charged with addressing the aforementioned issue.

Seems simple and straightforward while allowing a certain level of leeway (in regards to specifics in the form of how the Delegate and Speaker reach concensus.

 

[Gracius Maximus]

Unless there are any suggestions to change this I will post it publicly on Monday.