- Discord
- COE#7110
</3Zyvetskistaahn:(2.06.2014)
EDIT: This reaction is not to the date specified, but to the format the date was written in.
</3Zyvetskistaahn:(2.06.2014)
I have already corrected and re-issued the dismissal to remove the 'with prejudice' phrasing.Kiwi:Flem and I don't agree on a whole bunch but I can't help but agree with his point here. There is a whole bunch of discussions here clouding the issue at hand.flemingovia:Wolf is correct. We are always close to an election, and recalls tend to get talked out so they lose steam.Blue Wolf II:What's the point of recalling anyone, then, when elections are just a few months away from the last election?Grosseschnauzer:What's the point of a recall when judicial elections are a month away?
Since this thread has gone completely off-topic, can I suggest we go to a vote and discussions about future court procedure be split elsewhere?
Roman - I'm really sad that this is how you've chosen to see this through. Up until now I have been incredibly pleased with what you have brought to the bench.
As far as extra rules go, mid trial the appropriate response is for the CJ to use his/her discretion, period. If the RA don't like that then they can bring about reform later on as they have done many, many times when they don't like what comes from the Court.
I really don't mean to offend anyone in saying this but Roman I feel as if you could have done almost ANYTHING in that trial thread and no one would have judged you as harshly as for you dismissing the case. Particularly when you tried to do so *with prejudice* which was even more out of the blue.
As for a recall, if this is really the only way of finally seeing this case properly dealt with, by all means.
Oh, pooh.Crushing Our Enemies:Recalling a justice for poor conduct inside and outside the courtroom endangers neither the independence of the judiciary, nor separation of powers. If Roman was being recalled because the RA wanted JAL to be convicted, then that might be a bit of a problem, but I personally don't think that would happen - after all, justices (including Roman) have made decisions less popular than this in the recent past, and there were no recall attempts then.
What this comes down to is the fact that after Roman made some serious missteps in his management of TNP v JAL, he then tried to illegally alter the process for review requests to prevent his actions from coming under legal review.
What this comes down to is the fact that after Roman made some serious missteps in his management of TNP v JAL, he then tried to illegally alter the process for review requests to prevent his actions from coming under legal review.
http://forum.thenorthpacific.org/single/?p=8142172&t=7197433Romanoffia:I have done nothing intentionally to prevent my actions from coming under legal review. In fact, after being corrected I bent over backwards to rectify the situation.
Completely legitimate under exactly the same rules you used to try to usurp TNP v. Grosseschnauzer from my presidency.Crushing Our Enemies:http://forum.thenorthpacific.org/single/?p=8142172&t=7197433Romanoffia:I have done nothing intentionally to prevent my actions from coming under legal review. In fact, after being corrected I bent over backwards to rectify the situation.
Oh, no, there is no difference -Crushing Our Enemies:As chief justice, I assigned and removed moderating justices at will, because there were no rules on how or when moderating justices were assigned or removed. That is within the power of the CJ to do.
But there's a big difference between making new rules where none exist, and doing what you tried to do: alter existing rules and/or create exceptions to them.
The rule you created was:Romanoffia:I did exactly what you did - I created the rules as needed when such rules didn't exist.
From: http://forum.thenorthpacific.org/single/?p=8142180&t=7197444That only applies to requests for reviews that do not pertain to ongoing cases or proceedings; it also does not apply to motions made in the course of trials.2. Any Justice may accept or deny a request for review, at his own discretion. Nations who have a request for review denied may petition the entire Court to overturn the individual Justice's decision and accept the review.
I'd disagree with the last part of your sentence, my man.Crushing Our Enemies:Recalling a justice for poor conduct inside and outside the courtroom endangers neither the independence of the judiciary, nor separation of powers. If Roman was being recalled because the RA wanted JAL to be convicted, then that might be a bit of a problem, but I personally don't think that would happen - after all, justices (including Roman) have made decisions less popular than this in the recent past, and there were no recall attempts then.
As augur of the RA, I must disagree. I prognosticate that this will pass.flemingovia:Since he is not enough of a gentleman to resign, the proper response is recall. I doubt if enough of the RA will agree with me, but I think it is right to press on.
I motion for a vote on this proposalCrushing Our Enemies:As augur of the RA, I must disagree. I prognosticate that this will pass.flemingovia:Since he is not enough of a gentleman to resign, the proper response is recall. I doubt if enough of the RA will agree with me, but I think it is right to press on.
flemingovia:A recall is not mob rule. It is an important part of our democratic accountability. It is never something that is undertaken lightly.
This recall seems to me to be a no-brainer. Roman has not only scuppered a major trial, he has done so in a childish manner, and with such pique and churlishness that I was astonished. He has shown, and expressed, utter contempt for the judicial system, his own office, and his fellow justices. He is not fit to wear the robes.
Since he is not enough of a gentleman to resign, the proper response is recall. I doubt if enough of the RA will agree with me, but I think it is right to press on. Roman has shown himself to be a dickhead, and I do not want to see a dickhead as a Justice, let alone Chief Justice.
Thank you. I had not noticed the scheduled vote. only one more week, hopefully.Treize_Dreizehn:Hasn't a vote already been scheduled for the 2nd?
Please cite the specific law which includes what the threshold vote is for a recall.flemingovia:Thank you. I had not noticed the scheduled vote. only one more week, hopefully.Treize_Dreizehn:Hasn't a vote already been scheduled for the 2nd?
I think that is really an issue for the Speaker to address, not me.Romanoffia:Please cite the specific law which includes what the threshold vote is for a recall.flemingovia:Thank you. I had not noticed the scheduled vote. only one more week, hopefully.Treize_Dreizehn:Hasn't a vote already been scheduled for the 2nd?
Roman:That's not the problem.
The problem is that I was being trolled by the defence team and I did not have the moderation ability to control the problem due to some fault in masking.
I tried to gain the assistance of admin moderation and they refused.
As a result, no Justice at all would have been able to maintain order.
When you cannot maintain order in the Court Room because of the nature of the forum and the whole legal system.
Hence, the whole TNP legal system is a farce because you cannot conduct any kind of orderly trial if the Defence decides to go at it like a bunch of trolls.
And thus, I will not resign. You will have to recall me. And then when you do that and you get a repeat affair of the same thing, you can recall that Justice too. In fact, you can recall every Justice every time you disagree with a decision of the Court to compound the farce that the legal system is.
I will modify the dismissal to a simple dismissal and they any other Justice can take it up again, but there will have to be a new indictment with additional evidence.
Roman:As it is right now, the Court is utterly powerless to actually enforce the laws in a meaningful fashion, especially if a convicted person can just create a new nation, a new board identity and then claim 'duality' to skirt the laws.
It was essentially used. Previous Justices have created rules on the fly where no such rules existed and without having to actually enter them as amendments to the actual rules - such as temporary rules specific to a hearing that are not applied automatically to other subsequent cases.
The only thing that a recall vote accomplishes is to send a message to Justices on The Court that if they make any decision, no matter how legally valid, that goes against mob-rule opinion, they will be subject to a recall.
And this entire recall sets the precedent that the Judiciary is no longer independent of public opinion or political considerations if Judges who make lawful decision can be removed for doing so.
I have not chose this path, the originator of this thread chose the path. I have no choice in the matter.
Flemingovia's post summarizes my own thoughts.flemingovia:This recall seems to me to be a no-brainer. Roman has not only scuppered a major trial, he has done so in a childish manner, and with such pique and churlishness that I was astonished. He has shown, and expressed, utter contempt for the judicial system, his own office, and his fellow justices. He is not fit to wear the robes.
Since he is not enough of a gentleman to resign, the proper response is recall.
Read my dismissal of TNP v. JAL.r3naissanc3r:Flemingovia's post summarizes my own thoughts.flemingovia:This recall seems to me to be a no-brainer. Roman has not only scuppered a major trial, he has done so in a childish manner, and with such pique and churlishness that I was astonished. He has shown, and expressed, utter contempt for the judicial system, his own office, and his fellow justices. He is not fit to wear the robes.
Since he is not enough of a gentleman to resign, the proper response is recall.
I was skeptical about supporting the recall when it was originally introduced. However, after observing the absolutely inappropriate way in which Romanoffia conducted himself during the trial, and especially towards its end, I am now going to support it.
After the conclusion of the trial, and while Romanoffia was celebrating on IRC the stunt he had pulled, I asked him several times to resign. Since he is refusing to, I will vote for the recall instead.
So, the legislative branch now has more than just legislative authority?Democratic Donkeys:It isn't a legislative proposal.
I actually read the RA procedures recently. *pats self on back*
You're just figuring this out now?punk d:Your biggest problem Roman is vomit of the word.
I have been reading this twaddle from Roman both here and in the courthouse.Romanoffia:But I will let you know what I decide in the next few hours. God help the Constitution.
Laugh now my friend, but be sure you will be weeping later
Gracius Maximus:While everyone may have a difference of opinion as to the manner in which the trial was handled and the emotional displays put forth by the Chief Justice, the fact remains that he was within his right to dismiss the case. This vote seems to be more about personality conflicts than legal impropriety.
flemingovia:I have been reading this twaddle from Roman both here and in the courthouse.Romanoffia:But I will let you know what I decide in the next few hours. God help the Constitution.
Laugh now my friend, but be sure you will be weeping later
I think he honestly believes that his recall / resignation will spell the end of the entire constitution.
the constitution may fall one day; but rest assured, Roman, it is robust enough to survive your recall.
One of the lovely things about life is that one can choose to totally ignore anyone one chooses to ignore.Abbey Anumia:It's always nice when comments are made about my intent and then my entire post about my intent when proposing this motion entirely of my own accord and without consultation with other people gets completely ignored! Wonderful!
I'm not going to repeat myself, but I'd appreciate a response, Roman.