[Criminal] Complaing agains Chief Justice Crushing Our Enemies

Romanoffia

Garde à l'eau!
Name of Complainant: Romanoffia, Justice of The Court.

Name(s) of Accused: Crushing Our Enemies, Chief Justice

Date(s) of Alleged Offense(s):

Dec 16 2013

Specific Offense(s): Gross Misconduc, Conflict of Interest.

RelevantExcerpts from Legal Code or other Laws:

Chapter 1, Section 1.8. TNP Code: Gross Misconduct;

20. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.

Summary of Events (What happened, in your own words):

On Dec 16 2013, Chief Justice Crushing Our Enemies (forthwith to be referred to as “COE”) removed Justice Romanoffia as Presiding Justice in the case of “TNP v. Grosseschnauzer” and then appointed himself as Presiding Justice for the following reason:

“Romanoffia has not logged on in nearly 48 hours. As we are in a rather crucial junction in the trial, I am removing him as Moderating Justice to ensure that the remainder of the trial proceeds on schedule. For the remainder of the proceedings, I will moderate this trial.” (1)

Forthwith, COE then appoints himself as Presiding Justice (Conflict of Interest) and then shortly thereafter, engages in exactly the same actions for which he arbitrarily removed Justice Romanoffia as Presiding Justice. (2)

In all sense of ethics and logic, COE should have appointed a THO as Presiding Justice at worst, or not removed the Presiding Justice at all.

This course of action by Chief Justice COE has so fouled the adjudication of TNP v. Grosseschnauser to the point that a mistrial has occurred, or justice cannot be arrived at in an fair and impartial way due to the irregularities in due process, thus causing the need for a nugatory trial.

While the legal code does permit the Court to create its own rules, it does not in any way permit a Chief Justice to create rules on the fly nor to make arbitrary decisions to remove a Presiding Justice and replace that Justice with the Chief Justice in conflict of interest only to allow the Chief Justice to engage in the exact same actions that the Chief Justice removed the Presiding Justice for in the first place.

While TNP legal code does not specifically cover “Incompetence” and reasons for impeachment or removal of a Chief Justice, it would be safe to say that incompetence of this degree is subject to the provision of Chapter 1, Section 1.8. of the TNP Legal Code as Wilful Negligence and otherwise a violation of the Oath of Office considering the total destruction of due process and the Right to A Fair and Impartial Trial implied in the legal code and Bill of Rights.




Evidentiary Submissions:

(1) http://forum.thenorthpacific.org/single/?p=8122766&t=6991367

(2) http://forum.thenorthpacific.org/single/?p=8123236&t=6991367

Comments:

It is requested that as relief, the Plaintiff requests that Chief Justice Crushing Our Enemies be removed from his position as a result of a violation of Chapter 1, Section 1.8. TNP Code: Gross Misconduct and that TNP v. Grosseschnauzer be declared a Mistrial.
 
The accused has requested that I join his defence team in regards to this matter. Given the Cab-Rank principle, the accused has a right to his counsel of first choice

The legal code itself allows me to do so given the phrasing here:
38. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case to act as Special Prosecutor for that case.

As such I'll see if Chasmanthe is able to prosecute this case, otherwise the Delegate will need to find a special prosecutor.

At this time, however I cannot act in my capacity as Attorney General any further in relation to this matter.
 
I will do.

My initial concern with this case is that it is a criminal complaint that is also requesting relief. I was under the impression that a case where the plaintiff seeks some specific relief is a civil case, and a criminal case results only in conviction and the designated punishment under the penal code.

Can the plaintiff clarify is this:

(a) A civil case, seeking declaration of a mistrial and COE's removal from office as relief.
(b) A criminial case, seeking COE's punishment under the criminal and penal code only.
(c) A criminal case, seeking COE's punishment under the criminal and penal code including his removal from office and a declaration of a mistrial as well.
 
The problem is, Kiwi, that you may be called as a witness in this case should it proceed. There's a bit of a problem with a defense attorney being a witness for either the prosecution or defense.
 
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