Request for Review - THO's appointing THO's

punk d

TNPer
-
-
I'm making this request in the hopes to establish precedent.

Can THOs appoint other THOs and what is the legal basis for the answer to this question. I'll be seeking a recess in TNP v Eluvatar until the current court answers this question.
 
My bad...I'd still like a court ruling on this issue, in general, - though I think the court may have ruled on this previously.
 
I believe the Legal Code is quite clear on this matter. If you would like the Court to clarify it even more we can.
 
Well let's see if it is that clear:

Section 3.2: Appointment of Hearing Officers
8. If there is a vacancy on the Court, or any Justice is unavailable or has a conflict of interest the remaining Justices will promptly appoint a hearing officer to participate as temporary Justices.
9. If no Justices are available or all Justices have a conflict of interest, the Delegate will promptly appoint the needed hearing officers with the agreement of the Speaker.
10. In implementing the previous clause, any person who has a conflict of interest will be treated as absent.
11. Any hearing officer appointed under this Section must not have a conflict of interest and may not hold any other office while serving as a judicial hearing officer.

If in clause 9 'justice' refers to sitting justice and not a THO, which I think it does, then the delegate must appoint any additional officer. Thus, a THO could not appoint an additional THO even if there was a vacancy needing to be filled.

If my interpretation is different than the court's, I'd like the court to make a ruling on this.
 
punk d:
Well let's see if it is that clear:

Section 3.2: Appointment of Hearing Officers
8. If there is a vacancy on the Court, or any Justice is unavailable or has a conflict of interest the remaining Justices will promptly appoint a hearing officer to participate as temporary Justices.
9. If no Justices are available or all Justices have a conflict of interest, the Delegate will promptly appoint the needed hearing officers with the agreement of the Speaker.
10. In implementing the previous clause, any person who has a conflict of interest will be treated as absent.
11. Any hearing officer appointed under this Section must not have a conflict of interest and may not hold any other office while serving as a judicial hearing officer.

If in clause 9 'justice' refers to sitting justice and not a THO, which I think it does, then the delegate must appoint any additional officer. Thus, a THO could not appoint an additional THO even if there was a vacancy needing to be filled.

If my interpretation is different than the court's, I'd like the court to make a ruling on this.
The Delegate only appoints a THO if all Sitting Justices have a CoI. If they don't then the sitting Justice would appoint the needed THO's.
 
Back
Top