Request for Emergency Order

Constitution:

4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

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TNP Law 31:

3) Consistent with paragraph 4 of Section 2 of Article IV of the Constitution, the Attorney General may request a presiding judicial officer to issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Attorney General as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

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In the Court of The North Pacific

In Re: Request of the Attorney General for an Emergency Order concerning Elected Delegate Blue Wolf II

Brief in Support of the Request for Emergency Order
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The elected Delegate, Blue Wolf II, has posted a request for a vote in the Regional Assembly on a motion “requesting permission from the Regional Assembly to request outside aid if either Grosse or Elu gain any more endorsements in the next 24 hours.” See posted request for intervention.

Under Article IV, Section 2, paragraph 4 and TNP Law 31, a presiding judicial officer of the Court has the power to issue an emergency order enjoining the actual or intended Executive action pending prompt further proceedings before the Court.

Constitution:

4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

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TNP Law 31:

3) Consistent with paragraph 4 of Section 2 of Article IV of the Constitution, the Attorney General may request a presiding judicial officer to issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Attorney General as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

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The Delegate's proposed request for foreign intervention ("outside aid") is not authorized by any provision in the Constitution, Bill of Rights, or Legal Code inasmuch as the treaty-making power with other regions and groups is recognized in the Constitution, and that any such agreements must first be submitted by the Delegate for approval by the Regional Assembly "by a three-fifths supermajority vote." Further Clause 11 of the Bill of Rights, while it grants certain authority in times of emergency, it also specifies that:

11. No governmental authority of the region has the power to suspend or disregard this Constitution or the Legal Code. In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of this Constitution.

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Under this provision of the Bill of Rights, the Delegate is obligated to submit any agreement for “outside aid” for approval, and not a generic open-ended unspecified "request." Further, the alleged threat is the actions of members of the Regional Assembly who are WA members residing in The North Pacific exercising their right to give and receive, or withdraw endorsements under their rights as guaranteed under Clause 4 of the Bill of Rights:

4. No Nation of The North Pacific holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a WA member.

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There is no limit in the Constitution or the Legal Code for any Nation in The North Pacific that is a WA member as to the number of endorsements that they may give to other WA member Nations residing in The North Pacific.
In addition, the two Security Council members mentioned in the "request" are acting within their statutory rights under Article V of the Constitution, and Law 30, as members of the Security Council. Neither Article V or Law 30 impose any limits whatsoever on the number of endorsements a Security Council member may give. Section One of Law 30, which states the formula for the minimum and maximum number of endorsements that may be received by a member of the Council, uses an "either-or" formulation that intends that Council members may legally obtain the highest of the two numbers in the formula as a maximum level:

Section One: Requirements
1. Members of the Security Council (Council) shall maintain an influence level equal to or greater than Vassal.
2. Members of the Council shall maintain an endorsement level within the range described in this Section.
A. The minimum level is defined as being either at least (1) 50 endorsements, or (2) fifty per cent of the serving Delegate's endorsement count.
B. The maximum level is defined as being either (1) that number of endorsements that is 20 fewer than the serving Delegate’s endorsement count, or (2) no more than eighty-five percent of said count.
C. Where the computation results in fractions, the count shall be rounded down.
D. The authorized range is to be applied in a reasonable manner, taking into account such factors as the handover transition between elected Delegates, the recall of an elected Delegate from office, or periods of Delegate inactivity.
3. Should Council members not meet or exceed the required endorsement level for a period of at least fifteen days, the Vice Delegate is required to act pursuant to Section Two of this Law.
4. The elected and legitimate Delegate is exempt from endorsement requirements.

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The elected Delegate has engaged in mere scurrilous speculation without justification or legal accuracy for the claims he made. Further, the first level of enforcement of any potential violation of the endorsement ranges is placed with the Vice Delegate, and which provides a period of time for compliance.

Section 2 of Law 30 also provides that:

Section Two: Enforcement

1. The Vice Delegate shall suspend members of the Council who violate the endorsement and influence level requirements of this Act. Suspension takes places if, after a warning by the Vice Delegate, a Council member fails to come into compliance with the endorsement and influence level requirements within a reasonable amount of time specified in the warning, which is usually fifteen days.

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There is no evidence that the Vice Delegate is not performing his duties as the Chair of the Security Council, or that the Vice Delegate is not administering the provisions of Law 30 as they relate to endorsement levels held by the members of the Council.

Accordingly, the Attorney General has sought an emergency order pending further proceedings in the Court, as provided in Law 31 and by reference, in Article IV, Section 2, and that either prompt court proceedings, or a motion for a vote by the Regional Assembly affirming the proper administration of the law governing the Security Council by the Vice Delegate as chair of the Security Council.

This brief has been prepared for the Attorney General, Eluvatar, by Grosseschnauzer at the request of the Attorney General, in view of the need for prompt judicial action.

Respectfully submitted,

Grosseschnauzer
For the Attorney General, Eluvatar

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