A petition to the new delegate

Flemingovia

TNPer
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Dear Blue Wolf,

My client, JAL, is guaranteed by the bill of rights (section 2) that he has the right to "petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances."

As his counsel, and on his behalf, we now bring petition.

Under clause 5 of the bill of rights "all Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region."

It is our contention that the conduct of the JAL trial, the length of time that it has been allowed to drag on, the inattention and incometencies of the justice department (collectively) and the lack of evidence presented against my client constitute an abuse of powers by the justice department collectively.

It is our contention that the conduct of the trial, from the outset ignoring the procedures for trials and presentation of evidence laid down by the Regional Assembly, was in breech of my client's rights under the Bill of Rights clause 6:"No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. "

It is our contention that the insistance by associate Justice Cakatoa that my client appear before the court as a witness in the second hearing contravenes his rights under section 6 of the Legal Code: "No Nation shall ever be compelled in any criminal case to be a witness against itself."

NOTE: Defence did agree to his appearence in the first hearing. He was ordered to appear without seeking consent in the second hearing.

It is our contention that subsequent statements by former associate Justice Govindia shows that he holds personal animosity towards my client, and therefore my client has been denied his right under the Bill of Rights section 7: "When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer."

It is our final contention that the length of time that this trial has been allowed to drag on, and given the need for a whole new justice department the length of time it is likely to continue, my client has been given disproportionate punishment through the uncertainty, denial for several months of RA membership, and mental stress this trial has brought. This is in contravention of his right under section 7 of the Bill of Rights.


In short, in almost every respect the JAL trial has fallen short of the standards of justice that a citizen of TNP ought to expect and receive.

The Bill of Rights allows petition to the delegate for the "redress of grievances" : especially in the absence of a functioning Judiciary there is implicit in that right the assumption that the delegate has the power to act on those grievances.

We petition: Delegate, as your first act in government show that your delegacy will be one of fairness and due judicial process.

Dismiss charges against JAL.



NOTE: there is a tendency in TNP for all and sundry to chip in. Please note this is a petition to the delegate and ought to be answered by the delegate himself.
 
I support this petition, and would like to offer my apologies to the defendant for my mistakes as outlined in the above statement.
 
As I understand it, this petition is addressed to me specifically within my role as Delegate. Let me be clear, the law grants the Delegate no special powers or privileges within the Court, in fact the Delegate has no given role within the process at all.

However, as I am still the acting Attorney General I would like to point out TNP Law 31, Section 3, Paragraph 2, which states:

It is the duty of the Attorney General to see to completion any proceeding they are prosecuting. If for any reason, should the original Attorney General be unable to complete a pending case, then the interim or elected successor Attorney General shall take over as prosecutor and complete the pending proceedings.

Elu, who is acting has the Chief Prosecutor in the JAL case, has repeated refused to hand over the case to me, dispute making no forward progress in any shape or form for months. As such I have determined that he is no able to complete the pending case due to the absence of the Justices that Flem highlighted above. I will give him three days to demonstrate otherwise, hand the case over to the acting AG, or resolve the case on his own in a legal manner.

If he fails to do any of these options within the time period then I will use my legally outlined powers to take over the case personally and make a determination at that time to as whether or not the case can proceed. The clock starts now.
 
thank you for your decision.

Actually, the petition (placed here in the delegate's office rather than the Attorney General's office) was addressed to you as delegate. But I think the defence will take any solution that gets us through this logjam.

out of curiosity, if the delegate does not have any powers to redress injustices, what is the point of the bill of rights giving citizens the power to petition the delegate for redress of injusices?
 
A good question, and along the same lines of the questions I asked to the Admin team over why I don't have full access to old Governmental Cabinet forums. The Freedom of Information act requires me to review any requests personally for security purposes, but if I myself don't have access to the information being requested, then I can't process the request.

It seems in both cases the Delegate is just an unneeded middle man. The Constitution clearly needs a serious overhaul before it collapses under its own weight.
 
There are no longer any Cabinet Forums, as no Delegate has used them going back to before flemingovia's and Blackshear's two terms (each) (20 months or so). Any threads more recent than that that have been archived are in the local archives scattered in each area. (Try resetting the default setting that goes 30 days back and those threads should be visible.)
 
As I elaborated in #tnp, I will be able to demonstrate the capability to prosecute this case... once the new judiciary is seated.

While there are no justices it is indeed impossible to have any judiciary activity. But I can clearly see an end to this period.
 
Eluvatar:
As I elaborated in #tnp, I will be able to demonstrate the capability to prosecute this case... once the new judiciary is seated.

While there are no justices it is indeed impossible to have any judiciary activity. But I can clearly see an end to this period.
Mind elaborating here for those of us who can't access #tnp? <_<
 
Govindia:
Eluvatar:
As I elaborated in #tnp, I will be able to demonstrate the capability to prosecute this case... once the new judiciary is seated.

While there are no justices it is indeed impossible to have any judiciary activity. But I can clearly see an end to this period.
Mind elaborating here for those of us who can't access #tnp? <_<
I just did?

... whatever, here's what I said on IRC.

[23 Jan 19:22] * Eluvatar ponders running for AG again
...
[23 Jan 19:23] <Eluvatar> I can't continue it before the special election end
[23 Jan 19:23] <Eluvatar> *ends
[23 Jan 19:23] <Eluvatar> That makes your deadline untenable
...
[23 Jan 19:24] <Eluvatar> I can't demonstrate otherwise
[23 Jan 19:24] <Eluvatar> until replacements are elected
[23 Jan 19:24] <Eluvatar> I could demonstrate to you that elections are underway, mayhaps
...
[23 Jan 19:24] <Eluvatar> that's "unable to complete"
[23 Jan 19:25] <Eluvatar> and given the elections I forsee that I will be able to complete it
[23 Jan 19:25] <Eluvatar> one way or another.
...
[23 Jan 19:25] <Eluvatar> In a jurisprudential sense
[23 Jan 19:26] <Eluvatar> to argue that, if the Justices are unavailable
[23 Jan 19:26] <Eluvatar> the prosecution should drop charges
[23 Jan 19:26] <Eluvatar> leads to a lack of justice.
...
[23 Jan 19:26] <Eluvatar> Well the court system is definitely broken
[23 Jan 19:26] <Eluvatar> and needs wholesale repair.
 
Very well, since an official whose elected term of office ended months ago has managed to scupper the appeal to the current Attorney General, I continue making petition to the DELEGATE of this region.

The Bill of rights clearly gives nations the right of appeal for redress to the delegate. Implied in this is the assumption that the delegate can give redress for injustice.

Please would the delegate use this power and dismiss charges against my client, for the reasons given above. Once we have justices in place the powers of the delegate in this area can be tested.
 
Alright, I'll put that theory to the test. As Delegate of The North Pacific I dismiss the current charges leveled against JAL, however, I will leave it to the Justices, once elected, to decided whether or not this dismissal is lawful or not.
 
You can put part of that down to my counsel. I have advised my client not to comment unless he under oath and on the stand in his trial.
 
I am very interest to hear Justice review of this executive action as I believe it to be unconstitutional since the request had been made to the Delegate, who is not empowered by the constitution to handle trial and judicial matter, instead of the Chief Justice.

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under this Constitution.
 
Had AMOM conducted the special election for the first Court vacancy when it occurred as he was supposed to do as Speaker, we wouldn't be in this position now as the Court's rules permitted a remaining Justice to appoint temporary hearing officers when needed at any time.

Then things would not have grounded to a total halt.
 
Felasia:
I am very interest to hear Justice review of this executive action as I believe it to be unconstitutional since the request had been made to the Delegate, who is not empowered by the constitution to handle trial and judicial matter, instead of the Chief Justice.

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under this Constitution.


Prinhee, what is the point of allowing a nation to petition the delegate for redress of grievance if the delegate is not even allowed, by the constitution, to wipe his own arse?
 
I believe that you are allow to petition to the authority that is actually empowered to take action on those grievance, such as the Chief Justice.

Unlike you, the Delegate is not god.
 
Sadly, that is true. There is only one god and I am He.

However, tnp has a history of using the delegate like a carthorse: hitch them up and work them hard, but whip them if they ever show signs of wanting to steer.

The bill of rights does not specify when the delegate is able to give "redress". I think you are protesting because I managed to get tnp out of the mess that, let us not forget, YOU were one of the ones who created
 
I am only suggesting that the request was made to a wrong governmental authority and that the request should be make to the new Chief Justice who is legally empowered to handle this issue. I have no interest in trying to block the case from being drop or as you described "out of the mess".

Although, your rationality that the Delegate is empowered to take this action because he is essentially a carthorse is quite interesting.
 
This is funny as our current constitution grants the Delegate sweeping powers. They are endowed with complete control over the Executive, excluding the Attorney General.

In practice, the Delegate has been empowered to set any policy they like toward RMB adspam.

In fact, the Delegate's complete control over the executive has at times already been abused, with a candidate promising positions to secure votes.

Yet now, apparently, the Delegate is "not even allowed, by the constitution, to wipe his own arse." This is simply not true. Within the executive branch, this constitution establishes the Delegate as an autocrat. His own arse, the Delegate can do whatever he wishes with.
 
Eluvatar:
This is funny as our current constitution grants the Delegate sweeping powers. They are endowed with complete control over the Executive, excluding the Attorney General.

In practice, the Delegate has been empowered to set any policy they like toward RMB adspam.

In fact, the Delegate's complete control over the executive has at times already been abused, with a candidate promising positions to secure votes.

Yet now, apparently, the Delegate is "not even allowed, by the constitution, to wipe his own arse." This is simply not true. Within the executive branch, this constitution establishes the Delegate as an autocrat. His own arse, the Delegate can do whatever he wishes with.
On a side note, how's your activity levels in Balder btw Elu since you were giranted a justice post there and then disappeared? :P
 
Eluvatar:
This is funny as our current constitution grants the Delegate sweeping powers. They are endowed with complete control over the Executive, excluding the Attorney General.

In practice, the Delegate has been empowered to set any policy they like toward RMB adspam.

In fact, the Delegate's complete control over the executive has at times already been abused, with a candidate promising positions to secure votes.

Yet now, apparently, the Delegate is "not even allowed, by the constitution, to wipe his own arse." This is simply not true. Within the executive branch, this constitution establishes the Delegate as an autocrat. His own arse, the Delegate can do whatever he wishes with.
Compared to other Feeders the Delegate is just a title and alot of grief.
 
The problem with TNP and the feeders generally is their total failure to interact with the outside world. Come on TNP, reach out to the userites and maybe even sign a treaty with them (gasp).
 
I would love to, but we currently have no military and usually userites want something in a treaty beyond "lets be BFF's for life!"

Working on it, however. :P
 
anyway, so what happens now?

I still would push for a mistrial because of how long this case is dragging out.
 
Nothing happens now. Charges are dropped; trial is over.

One or two people are sticking their fingers in their ears and going "lah lah lah, I don't beleeeeeeeve you", but that is their problem.
 
flemingovia:
Nothing happens now. Charges are dropped; trial is over.

One or two people are sticking their fingers in their ears and going "lah lah lah, I don't beleeeeeeeve you", but that is their problem.
where were charges dropped ? Could you link me, as I never saw anything mentioned?
 
Blue Wolf II:
Alright, I'll put that theory to the test. As Delegate of The North Pacific I dismiss the current charges leveled against JAL, however, I will leave it to the Justices, once elected, to decided whether or not this dismissal is lawful or not.
Govindia, the trial has been stopped twice. Once by me, on the grounds that it was getting silly and nobody was around to take responsibility. It was also stopped by the delegate in this thread.

Only the most masochistic of new justices would want to see this pissant hearing started all over again.
 
flemingovia:
Blue Wolf II:
Alright, I'll put that theory to the test. As Delegate of The North Pacific I dismiss the current charges leveled against JAL, however, I will leave it to the Justices, once elected, to decided whether or not this dismissal is lawful or not.
Govindia, the trial has been stopped twice. Once by me, on the grounds that it was getting silly and nobody was around to take responsibility. It was also stopped by the delegate in this thread.

Only the most masochistic of new justices would want to see this pissant hearing started all over again.
Wait how did you stop the trial? I never saw anything to that effect? :tb1:
 
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