Campaign Thread: Flemingovia for CJ

Flemingovia

TNPer
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Why should I be chief justice?

First: Who better to become a gamekeeper than a poacher?

When JAL appointed me his defence counsel, I fought for his acquittal and release with every resource at my disposal. I fought for six months. I fought fair, I fought dirty. I used every tactic I could think of, and when I had run out, I invented some more. Every time I was given an inch, I took a mile. And I turned an unwinnable case into one where the only losers were the TNP judicial system. I think it was the boxer Joe Louis who said that the best way to really understand the character of someone was to meet them in the ring. I have met the TNP legal system. I understand it. Because I can beat it, I can make it work.

Second: I have ideas.

Here is what I could/would do:

Bring an end to the JAL trial.
My very first action as CJ will be to end the embarrassing farce that is the JAL trial. I will dismiss all charges, apologise to JAL for the way in which he has been treated, and move on. And let’s never mention that fucktard of a trial again.

A system of mediation.
Trials ought to be the last resort. I would introduce a system of voluntary mediation in an attempt to make them even rarer than they are now. I would rather see a simple conversation ending in a common-sense result decided by an e-handshake than six months of stupidity.

Option of trial by rock paper scissors.
Let’s face it. This is a game. It does not matter, really. For sillier disputes the chief justice will institute “trial by rock paper scissors” where the plaintiff and defendant play RPS (best of five rounds) for a token but deeply humiliating punishment.

This is the big one: A common-sense approach to judicial review.
Somehow, over the years, our constitution and our laws have become the shackles that bind us. Most Chief Justices, including the current incumbent, seem intent on the letter of the law, even if that results in a literal interpretation of the words that goes against the spirit and intent of the law.

I will bring a more common sense approach to legal opinion. If you are the sort who likes arguments over the positioning of a comma in “paragraph 4 sub clause 2i(b)” of the constitution, you will be very welcome to fuck off and wait for another pedant to become Chief Justice. That sort of attitude has turned our legal system into a laughing stock. I will have none of it. My first and overriding legal question will be “are you being a dickhead?” IF you are – don’t expect judicial reviews to go your way. My second question will be “are you making good common sense?” If you are – expect 10 house points and a gold star.

Third: Because I am an unsentimental bastard.

I am not known for my forgiving nature, or my merciful character. If you screw over TNP, my wrath will be the wrath of God, and I will see you burn. Don’t whine on IRC. Don’t winge in Personal Messages. Punishments will be harsh and permanent means forever. Wait for my term to come to an end and find a weakling to cry to.

I will happily take questions.
 
Great Bights Mum:
Judgement Day is a long time coming to TNP. What are your thoughts on holding live trials on irc?
As chief justice my primary consideration would be to ensure that citizens' rights under the bill of rights are maintained.

I would, therefore, need to be convinced that live trials on irc were fair. I would want to avoid a kangaroo court or legal challenges later that could prove more time-consuming than a conventional trial.

Our legal code is not geared up for live trials, so there may need to be legislative leg-work before such a thing was tried.

If these hurdles could be Overcome, I would have nothing in principle against live trials.
 
Bring an end to the JAL trial.
My very first action as CJ will be to end the embarrassing farce that is the JAL trial. I will dismiss all charges, apologise to JAL for the way in which he has been treated, and move on. And let’s never mention that fucktard of a trial again.

You would actually have to recuse yourself as it would be a conflict of interest since you were his defence counsel.

I do not believe live trials can be done in a fair and impartial manner.

Speaking of IRC, how would you feel about bringing the TNP IRC channels #tnp and #thenorthpacific under TNP law to protect against any possible misbehaviour or trolling?
 
Govindia:
Bring an end to the JAL trial.
My very first action as CJ will be to end the embarrassing farce that is the JAL trial. I will dismiss all charges, apologise to JAL for the way in which he has been treated, and move on. And let’s never mention that fucktard of a trial again.

You would actually have to recuse yourself as it would be a conflict of interest since you were his defence counsel.

I do not believe live trials can be done in a fair and impartial manner.

Speaking of IRC, how would you feel about bringing the TNP IRC channels #tnp and #thenorthpacific under TNP law to protect against any possible misbehaviour or trolling?
I refer you to my statement above about pedantry getting in the way of common sense.

Only the CJ can end the trial. So many people have been involved in the trial in some way or another that it is almost impossible to find a CJ whose authority could not be questioned. even Hilevile has played a part in the trial. My campaign thread is quite clear. If elected I will assume that I do have a mandate to end the trial and i WILL do it, the very next time I am online after the result is declared. Let folks prosecute me for that if they wish.


With regard to #tnp etc. These channels are private property used by custom and convention by TNP, but not set out or regulated in any of our legal documents. It is an anomaly rather like our self-selecting security council and self-selecting and self-regulating forum administration.

As Chief Justice I would have no authority over Thel D'ran owner of #tnp. I would imagine that the Regional Assembly would have to pass an act establishing a new, official regional channel in order to change that.

As CJ I would counsel against that course. I would imagine that it would lead to endless litigation about "who said what and who kicked who" in the channel.
 
One more thing. We have seen in the past where the courts have made decisions (such as concerning abstentions), only for them to be contradicted by a later justice'sinterpretation of the constitution.

Justices sometimes have a woeful ignorance of legal precedent in TNP, even if they have a passing knowledge of the consitution.

That is why, if in my term there are legal challenges made and clarification of a constitutional point is asked of the CJ, I will always try to ensure that a legal opinion is followed up by legislation to make the actual wording of hte constitution more watertight.
 
Whilst some of what you say does make sense, and is much needed in the judiciary, some of it merely swaps the extreme approach currently taken for the opposite extreme and I'm not sure that's any more sustainable either.

Having said that, it can hardly be worse than the current state of play.
 
i think a lot of that question has been answered in my initial post in this thread. I would add that I have been part of TNP for over eight years now. I have been here through the evolution of our society. I have been part of the conventions and discussions that led to the laws that I will be expected to interpret and enforce. in other words, i do not simply understand the letter of the law, I understand the intent and the thinking behind those letters. I believe that will lead to better judgements being made.

With respect to Hileville, I do not believe that with only 11 months in the game, involvement in so many regions, less than three months in the Regional Assembly and only 38 posts on our forum they can match the sort of instinctive understanding that the job of CJ needs. I think that is why their campaign thread has been so vague and aspirational rather than specific and thought through.

That is what makes me the best candidate for the job.
 
flemingovia:
With respect to Hileville, I do not believe that with only 11 months in the game, involvement in so many regions, less than three months in the Regional Assembly and only 38 posts on our forum they can match the sort of instinctive understanding that the job of CJ needs. I think that is why their campaign thread has been so vague and aspirational rather than specific and thought through.
You act is if not being around regional politics for years is a bad thing. Yes I have only been active in NS for 11 months but in that 11 months I have served as Chair of the Assembly in TSP then was elected Delegate of TSP. I am involved in Balder where I am the Lawspeaker which does not take much time. I am currently acting as defense counsel in a trial in Balder. I was the Atty. General of Osiris and am now serving as a Justice in their courts. In my 11 months of being around the game I have certainly accomplished a lot. I am willing to do more than most players and have the extra time it takes.

If you are going to try and say you are more experienced and that is why you are better for the job it isn't going to work. In my time in TNP I have learned that you have no respect for this judicial system. One of the first things that you want to do is drop all charges against someone who you are the defense counsel for. But yet you say you are the best person for the job. I have a hard time believing that allowing someone who is accused of couping the region off without a trial is beneficial to the Judicial system at all. Now keep in mind that I have not read through the private conversations among the court in regards to this and I may dismiss the charges as well. I am not going to say that though in a campaign. It was you who decided that you were no longer going to participate in that trial.

Yes my campaign thread is vague and the reason for that is that I have not come up with decisions that I would make on ongoing matters in the court yet as I would be coming into the position biased. Remember you are running for a job that is important and one that is supposed to look at things without bias. That is something I don't believe you can do in regards to the JAL case. You state when that is pointed out by Govindia that it is only you who can make that decision.

That is why I feel I am a better candidate than you.
 
you are right in one thing you said. I DO have very little respect for the current judicial system in TNP. That is because there is very little there to respect. But what you do not seem to understand is that I am standing because rather than winge from the sidelines I want to do something to change that situation. I have been here long enough to see good Chief justices at work, so I know precisely what could be achieved, and how to achieve it.

in most roles in TNP, even that of associate justice, i think new blood is a good thing. But when it comes to the role of CHIEF justice, I am sorry (and I hope you will not take this personally), but 38 posts on the forum and less than three months in the Regional Assembly just is not enough experience this time around.

(oh, and for the record, it is not "letting JAL off without a trial." JAL has HAD trials - at least six months of them. What i am proposing to do is to admit that at this stage a fair and objective trial is an impossibility.)
 
flemingovia:
38 posts on the forum and less than three months in the Regional Assembly just is not enough experience this time around.

(oh, and for the record, it is not "letting JAL off without a trial." JAL has HAD trials - at least six months of them. What i am proposing to do is to admit that at this stage a fair and objective trial is an impossibility.)
You are entitled to your opinion and I don't take it personally.

As for the JAL trial I disagree with your opinion on it.
 
How qualified do you think you are to make a fair, and impartial ruling on any case, and are you willing to recuse yourself and appoint a temporary hearing officer in your stead if there is a conflict of interest?
 
i am capable of impartiality in any case. there is nobody in NS i like enough to bend the rules for.

I would recuse myself if there is a conflict of inrerest. In the case of the JAl trial (to which I sense you are alluding), there are two factors to consider: First, there is now no defence team since the defence are no longer participating in that clustrerfuck. I am not defence counsel any more. Therefore there is no conflict of interest. Second, I have stated quite openly that I am going to end that trial as my first act as CJ. I have been absolutely open, and given the electorate the choice: If you want the trial to continue, vote against me.

this election will give me the mandate to end the trial. I am willing to trust and follow the electorate of TNP. I cannot quite understan why others seem hesitant to do so.
 
flemingovia:
I am willing to trust and follow the electorate of TNP. I cannot quite understan why others seem hesitant to do so.
I hope you are not referring to me.

To clarify I don't agree with your statement that he can't be given a fair trial. I never said that I would not dismiss it if a motion was put forth to do so. I would consider any motions that are brought forth without making a judgement beforehand.
 
The Rules
Rock, Paper, Scissors is a game for two players typically played using the players' hands. The two players each make a fist with one hand and hold the other open, palm upward. Together, they tap their fists in their open palms once, twice, and on the third time form one of three items: a rock (by keeping the hand in a fist), a sheet of paper (by holding the hand flat, palm down), or a pair of scissors (by extending the first two fingers and holding them apart).

The winner of that round depends on the items formed. If the same item is formed, it's a tie. If a rock and scissors are formed, the rock wins, because a rock can smash scissors. If scissors and paper are formed, the scissors win, because scissors can cut paper. If paper and a rock are formed, the paper wins, because a sheet of paper can cover a rock. After one round is completed, another is begun. Play continues until one player reaches a predetermined score, or whenever the players' boredom is alleviated. (Often this game is played to pass the time while waiting in line for something, or while on a long road trip [as long as the driver isn't one of the players].)
 
oh, that is easy.

Each party would PM me rock, paper or scissors.

I would announce what had been chosen, and who had won.

We could include lizard, spock if people wanted extra excitement. (google it if you don't know what I am on about)
 
How will you reconcile your clear willingness to pervert justice through obstructionist tactics in the JAL trial with the duty of the Chief Justice to uphold that very justice?

Also, what is your opinion of those groups in which Rock, Paper, or Scissors is thrown immediately after the count of 3, rather than on 3?
 
The beauty of RPS lies in the public nature of it coupled with the immediacy of it in real time. Both of those qualities are lost when you have to phone it in. Besides which, PM allows for lying, cheating, collusion and the accusations of the aforementioned which a savvy and resourceful lawyer will call into play.

RPS is swift and elegant; TNP justice is neither. When matters do go to trial, how do you propose to cut to the chase without sacrificing the rights of the nations involved?
 
The Palindromic Land:
How will you reconcile your clear willingness to pervert justice through obstructionist tactics in the JAL trial with the duty of the Chief Justice to uphold that very justice?

Also, what is your opinion of those groups in which Rock, Paper, or Scissors is thrown immediately after the count of 3, rather than on 3?
I have never at any point perverted the course of justice, or attempted to do so. I resent the implication in your post and I challenge you to take me to law if you feel you can back up your accusation.

For information, Perverting the course of justice is defined as follows:

Perverting the course of justice can be any of three acts:
Fabricating or disposing of evidence
Intimidating or threatening a witness or juror
Intimidating or threatening a judge

I absolutely and flatly deny doing any of those three things.
 
Eluvatar:
Do you believe trial by ordeal is a violation of The North Pacific Bill of Rights?
Yes, unless trial by ordeal was voluntarily entered in to or selected by the accused as an alternative to a conventional trial.

I have no idea how trial by ordeal might be done in a Nationstates environment, though.
 
Great Bights Mum:
The beauty of RPS lies in the public nature of it coupled with the immediacy of it in real time. Both of those qualities are lost when you have to phone it in. Besides which, PM allows for lying, cheating, collusion and the accusations of the aforementioned which a savvy and resourceful lawyer will call into play.

RPS is swift and elegant; TNP justice is neither. When matters do go to trial, how do you propose to cut to the chase without sacrificing the rights of the nations involved?
Well, we may need to find an alternative to the specific game of RPS.

However, I have been accused of many things in NS over the years, but I think most people know that i do not lie, cheat or collude. So I would hope that if people sent their selection to me, I would be honest enough to give the result fairly - in the same way as we trust the player who runs the voting booth to fairly report voting by PM.
 
flemingovia:
i am capable of impartiality in any case. there is nobody in NS i like enough to bend the rules for.

I would recuse myself if there is a conflict of inrerest. In the case of the JAl trial (to which I sense you are alluding), there are two factors to consider: First, there is now no defence team since the defence are no longer participating in that clustrerfuck. I am not defence counsel any more. Therefore there is no conflict of interest. Second, I have stated quite openly that I am going to end that trial as my first act as CJ. I have been absolutely open, and given the electorate the choice: If you want the trial to continue, vote against me.

this election will give me the mandate to end the trial. I am willing to trust and follow the electorate of TNP. I cannot quite understan why others seem hesitant to do so.
Actually there would be a conflict of interest. You served as a defence counsel, so you would have had a notion of bias towards the defence, so you would have to recuse yourself if it went to trial again, to ensure impartiality and fairness i believe.
 
Actually there would be a conflict of interest. You served as a defence counsel, so you would have had a notion of bias towards the defence, so you would have to recuse yourself if it went to trial again, to ensure impartiality and fairness i believe.

in your opinion. My opinion is different.
 
flemingovia:
Actually there would be a conflict of interest. You served as a defence counsel, so you would have had a notion of bias towards the defence, so you would have to recuse yourself if it went to trial again, to ensure impartiality and fairness i believe.

in your opinion. My opinion is different.
Please explain how serving as a judge on a matter that you had an interest in as former defence counsel is NOT a conflict of interest?
 
Govindia:
flemingovia:
Actually there would be a conflict of interest. You served as a defence counsel, so you would have had a notion of bias towards the defence, so you would have to recuse yourself if it went to trial again, to ensure impartiality and fairness i believe.

in your opinion. My opinion is different.
Please explain how serving as a judge on a matter that you had an interest in as former defence counsel is NOT a conflict of interest?
I refer you to the answers I have already given in this thread. especially

i am capable of impartiality in any case. there is nobody in NS i like enough to bend the rules for.

I would recuse myself if there is a conflict of inrerest. In the case of the JAl trial (to which I sense you are alluding), there are two factors to consider: First, there is now no defence team since the defence are no longer participating in that clustrerfuck. I am not defence counsel any more. Therefore there is no conflict of interest. Second, I have stated quite openly that I am going to end that trial as my first act as CJ. I have been absolutely open, and given the electorate the choice: If you want the trial to continue, vote against me.

this election will give me the mandate to end the trial. I am willing to trust and follow the electorate of TNP. I cannot quite understan why others seem hesitant to do so.
 
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