James Urquhart
TNPer
A summary of my experience can be found under "Attorney Urquhart" in this dispatch:
https://www.nationstates.net/page=dispatch/id=869448
Thank you for your questions.Zyvetskistaahn:Hello, I have some questions.
In what circumstances is it appropriate for the Attorney General to utilise their general standing in relation to requests for review to bring a matter to the Court? Are there different considerations in relation to matters where individual residents, or classes of them, are likely to be considered to be affected parties as compared to matters where it is likely that no individual or class could be so considered?
In what circumstances would it be appropriate to exercise the discretion of the Attorney General to refuse to prosecute a criminal complaint?
The Attorney General is constitutionally required to act as legal adviser to officers of the executive on request, if you were requested to so act by the Delegate and advised that a particular act by them would, in your belief, be unlawful and they nonetheless did that act, how would you respond? Would your response differ if the officer was the Vice Delegate, a Minister, or an Election Commissioner?
At present the law of evidence in TNP is contained almost wholly in the Rules of the Court and in rulings of the Court, should consideration be given to endeavouring to codify at least some of the law of evidence and add it to the Codified Law? Why or why not?
Is the current law on sentencing sufficient? Whether or not it is, could it be improved in any particular way?
What factors might you consider when deciding whether to utilise the Attorney General's inherent standing?James Urquhart:1.When talking about using a government action that could be cause for review its difficult to pin down going into specifics and hypotheticals. I think we should keep somewhat strictly to people who were directly affected under the government action etc. Of course what the government action was or it's broadness depends widely on the situation. I wouldn't go into classes of Residents if I could keep from it. Often times it's individual Residents or citizens that are in a review, at least thats my overall NS experience.
Would it be correct to say, then, that you do not consider there to be any matters of public interest which would overcome a complaint that was sufficiently evidenced? If so, why do you not consider policy to be a factor in determining whether to prosecute?James Urquhart:2. The only time I would refuse to go after someone who has had a Criminal complaint filed against them is if the evidence clearly not enough to meet a burden of proof OR if I found overwhelming expultory evidence showing that they couldn't have committed the offense.
Apologies if I was unclear, in the scenario posited you have advised the official that their proposed action would be illegal and they have taken it despite your advice that it would be illegal. What steps would you take in such a scenario?James Urquhart:3. If I gave Legal advise to an official and they refused to act then that's their call. I would obviously make a an advisement that they shouldnt do something illegal. Depending on what the advise is, for example, if I advise an official that taking x action will be a crime and then they commit such crime then they will be prosecuted. My general response would not differ based on the individual, but possibly the situation.
Is it necessarily the case that more flexibility for the Court is better?James Urquhart:4.Its probably better to not codify the Court rulings. I feel this would give the court more flexibility. When you codify something almost any court would then try to stick more strictly with what the legislative branch wanted and this might prove inconvenient. For the time being keeping it the way it is is more convenient.
In what ways would you say the current Code is "tough"? Are tough sentences necessarily beneficial? Are there any other concerns which may arise in relation to the law on sentencing, other than the toughness of the sentences?James Urquhart:5. I think that the current Penal Code is sufficient. I think it's tough enough on punishment etc. I can't think of any meaningful reforms right off the top of my head. Any changes would need to not sacrifice the current toughness of sentencing punishments.
1.Zyvetskistaahn:Thank you for your answers, I have some follow-up questions.What factors might you consider when deciding whether to utilise the Attorney General's inherent standing?James Urquhart:1.When talking about using a government action that could be cause for review its difficult to pin down going into specifics and hypotheticals. I think we should keep somewhat strictly to people who were directly affected under the government action etc. Of course what the government action was or it's broadness depends widely on the situation. I wouldn't go into classes of Residents if I could keep from it. Often times it's individual Residents or citizens that are in a review, at least thats my overall NS experience.
My point in referring to individuals or classes is to say that there are some scenarios where, due to the requirements of standing, there is no one (ie, no individual or class of them) who could bring a review other than the Attorney General and to ask how that would factor in considering whether or not to use the Attorney General's inherent standing.
Would it be correct to say, then, that you do not consider there to be any matters of public interest which would overcome a complaint that was sufficiently evidenced? If so, why do you not consider policy to be a factor in determining whether to prosecute?James Urquhart:2. The only time I would refuse to go after someone who has had a Criminal complaint filed against them is if the evidence clearly not enough to meet a burden of proof OR if I found overwhelming expultory evidence showing that they couldn't have committed the offense.
Apologies if I was unclear, in the scenario posited you have advised the official that their proposed action would be illegal and they have taken it despite your advice that it would be illegal. What steps would you take in such a scenario?James Urquhart:3. If I gave Legal advise to an official and they refused to act then that's their call. I would obviously make a an advisement that they shouldnt do something illegal. Depending on what the advise is, for example, if I advise an official that taking x action will be a crime and then they commit such crime then they will be prosecuted. My general response would not differ based on the individual, but possibly the situation.
Why would your steps not differ as between, say, the Delegate and the Election Commission?
Is it necessarily the case that more flexibility for the Court is better?James Urquhart:4.Its probably better to not codify the Court rulings. I feel this would give the court more flexibility. When you codify something almost any court would then try to stick more strictly with what the legislative branch wanted and this might prove inconvenient. For the time being keeping it the way it is is more convenient.
In what ways would you say the current Code is "tough"? Are tough sentences necessarily beneficial? Are there any other concerns which may arise in relation to the law on sentencing, other than the toughness of the sentences?James Urquhart:5. I think that the current Penal Code is sufficient. I think it's tough enough on punishment etc. I can't think of any meaningful reforms right off the top of my head. Any changes would need to not sacrifice the current toughness of sentencing punishments.
I will in the interim read more thoroughly past Court rulings and keep up to date on the law. I honestly think I'm very ready. As far as I know I'm the only candidate with actual courtroom experience. I'm not unfamiliar with it.Artemis:As the Attorney General is often not a very demanding job, except when it is, how will you prepare for the occassions when the AG is needed to act?
Do you plan to appoint any Deputy AG and if so how many?
How will you prepare any DAGs that you might appoint?
Do you see the office of the Attorney General as being a reactive or proactive position?
Being asked of all candidates.
1. I would suggest reviewing all relevant Court Rulings on Speakers actions. How have they specifically violated their Standing Procedures?Clean Land:The following complaints are made(with credible evidence supporting them):
1."The Speaker violated their Standing Procedures!"
2."The Speaker refused to give me citizenship! I passed both checks! This is outrageous!"
3."The Speaker is biased! I presented my wonderful bill and demanded the speaker to bring it to vote ASAP, but they declined!"
4."The Vice Delegate refused to admit me as Citizen because I didn't endorse the delegate! The Regional Assembly upheld that decision on the same reason! That is a violation of my rights!"
5."My army application was rejected because I was deemed not trustworthy!"
6."The Delegate is planning a coup!"
7.The Minister of Defense complains:"The Delegate and 20 members of the Army have just performed a DDOS attack against a forum of an enemy we declared war on without my prior knowledge! That is illegal!"
Please elaborate your reactions and possible indictments, in detail.
My first priorities would be to catch up on any reading of past Court Rulings and get the Deputies together.RKO:Hi James Urquhart, I have a question. If elected, what's going be your first main priority as Attorney General and since you you work at a law firm, do you think you're very capable for working as Attorney General? Thanks.
Yes I would stand for reelection.Artemis:Seeing as there is roughly one month left in the term till the next scheduled General Election, if elected do you intend to stand for election then?
I will go into more detail tonight but I think Gross Misconduct is the problem. Thank youBootsie:So, a proposal is brought before the Regional Assembly. The Bill is super popular, and thus, gets a ton of support. There comes and motion and a second, but the Speaker, who is avidly against the proposal, refuses to schedule it. In what way are they breaking the law?
What charges would you bring before the Court to convict them, and what kind of sentence would you recommend if they were found guilty?
No I haven't Defended 3 RL cases. Not Real Life, but Gameplay yes. So I think that significantly changes most of your query.Mall:Some would say that literally no one believes you when you say that you've won three RL criminal defense cases. How would you respond?
Additionally, some would say that even if you had done that, it is utterly irrelevant to TNP since you will a) be prosecuting, not defending, b) be dealing with neither a real bench nor a real jury, and c) the AG never does shit around here. How would you respond?
Can you please cite those cases for us?James Urquhart:No I haven't Defended 3 RL cases. Not Real Life, but Gameplay yes. So I think that significantly changes most of your query.Mall:Some would say that literally no one believes you when you say that you've won three RL criminal defense cases. How would you respond?
Additionally, some would say that even if you had done that, it is utterly irrelevant to TNP since you will a) be prosecuting, not defending, b) be dealing with neither a real bench nor a real jury, and c) the AG never does shit around here. How would you respond?
I have already stated in a prior post what I would proactively do as Attorney General.
The last case was some time back. I can't remember the defendants names but it was in a Roman themed Region with an off site forum. I think it was The Republic of Rome (?) but I'm not sure. There is an element of confidentiality to any Defense Counsel/ Client relationship as well.Mall:Can you please cite those cases for us?James Urquhart:No I haven't Defended 3 RL cases. Not Real Life, but Gameplay yes. So I think that significantly changes most of your query.Mall:Some would say that literally no one believes you when you say that you've won three RL criminal defense cases. How would you respond?
Additionally, some would say that even if you had done that, it is utterly irrelevant to TNP since you will a) be prosecuting, not defending, b) be dealing with neither a real bench nor a real jury, and c) the AG never does shit around here. How would you respond?
I have already stated in a prior post what I would proactively do as Attorney General.
4. If a number of citizens equal to or exceeding one third of the number of votes required to achieve quorum for any legislative vote, including the citizen that introduced the proposal to the Regional Assembly, motion that a vote should be held on a proposal before the Regional Assembly, then the Speaker must schedule a vote on that proposal to begin as soon as permitted by law.
Oath
I, [forum username], do hereby solemnly swear that during my term as [government position], I will uphold the ideals of Democracy, Freedom, and Justice of The Region of The North Pacific. I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner. I will act only in the best interests of The North Pacific, not influenced by personal gain or any outside force, and within the restraints of my legally granted power. As such, I hereby take up the office of [government position], with all the powers, rights, and responsibilities held therein.
Section 1.8. Gross Misconduct
23. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.
Suppose that a you found a rule of a government body that conflicted with the Constitution or the Legal Code but that, due to the standing requirement, there were no or very few individuals with standing to challenge the rule (perhaps only the members of the body or some of them), would that be a case where you might use the inherent standing of the Attorney General, why or why not? Would it make any difference if, say, you spoke with the members of the body and they indicated they would change the rule?James Urquhart:1.
Well the factors would be based on clear and convincing evidence that some government action violated or affected a party negatively. The law would have to have been clearly breached in such a way as to make any non-reply by me look like nonfeasance- of course not that I would be nonfeasant. It would have to be fairly compelling for me to reply. A case can't be made with out the evidence the government did the wrong thing - or else it's pointless. I don't know how else to illustrate this to you.
Suppose that there were a coup, the incumbent Delegate had declared the government dissolved and their intent to institute their own form of government, and that a nation came to the delegacy that was not authorised to do so (perhaps appearing to be a crony of the Delegate) and returned the region to constitutional order, despite not being any government authority of the region; a criminal complaint is presented to you suggesting that their taking of the delegacy in an unauthorised manner amounted to gross misconduct or treason, would the fact that they have, perhaps, saved the region not weigh against the interest in prosecuting them?James Urquhart:2. That is somewhat true but I'm not going to speculate. Political policy would not factor into if I'm going to prosecute an individual for a crime. Attorney Generals should be independent and unbiased. That's the strength of the office.
Might there be circumstances in which action beyond a request for review would be proper? What might some of these be?James Urquhart:3. Well if they took any action than what I advised I might exercise my standing if the action has violated others. If they went against my advice and did the opposite, then realistically they probably wouldn't reverse them either. I would consult with the official extensively before forming a final decision if it is in regards to a government action. Whether it's Delegates or Commission depends more on the circumstances of what's going on. I will exercise a level of confidentiality during my conduct.
1. I would still make an attempt to use my inherent standing authority. If the situation is a conflict where individuals Rights are being overridden and directly undermined there is no speaking and waiting. Of course if it's a situation where literally the next day the decision is going to be reversed then that would give me some pause, I would have to have rock solid certainty that they were going to do the reversal. If it's any longer im not going to buy into a politicians possibly false promises.Zyvetskistaahn:Thank you for your answers, I have some further follow-ups.Suppose that a you found a rule of a government body that conflicted with the Constitution or the Legal Code but that, due to the standing requirement, there were no or very few individuals with standing to challenge the rule (perhaps only the members of the body or some of them), would that be a case where you might use the inherent standing of the Attorney General, why or why not? Would it make any difference if, say, you spoke with the members of the body and they indicated they would change the rule?James Urquhart:1.
Well the factors would be based on clear and convincing evidence that some government action violated or affected a party negatively. The law would have to have been clearly breached in such a way as to make any non-reply by me look like nonfeasance- of course not that I would be nonfeasant. It would have to be fairly compelling for me to reply. A case can't be made with out the evidence the government did the wrong thing - or else it's pointless. I don't know how else to illustrate this to you.
Suppose that there were a coup, the incumbent Delegate had declared the government dissolved and their intent to institute their own form of government, and that a nation came to the delegacy that was not authorised to do so (perhaps appearing to be a crony of the Delegate) and returned the region to constitutional order, despite not being any government authority of the region; a criminal complaint is presented to you suggesting that their taking of the delegacy in an unauthorised manner amounted to gross misconduct or treason, would the fact that they have, perhaps, saved the region not weigh against the interest in prosecuting them?James Urquhart:2. That is somewhat true but I'm not going to speculate. Political policy would not factor into if I'm going to prosecute an individual for a crime. Attorney Generals should be independent and unbiased. That's the strength of the office.
Suppose that a member of the NPA has, in the course of an officially sanctioned mission, committed espionage, but been granted an exemption by the Delegate (and that this exemption was properly granted), that member may have also committed gross misconduct (in that all illegal conduct can be such) and a criminal complaint is made against them on that basis, might it not be contrary to the interests of the region to prosecute them, even if you thought a prosecution would succeed?
Might there be circumstances in which action beyond a request for review would be proper? What might some of these be?James Urquhart:3. Well if they took any action than what I advised I might exercise my standing if the action has violated others. If they went against my advice and did the opposite, then realistically they probably wouldn't reverse them either. I would consult with the official extensively before forming a final decision if it is in regards to a government action. Whether it's Delegates or Commission depends more on the circumstances of what's going on. I will exercise a level of confidentiality during my conduct.
Might there not be particular considerations to bear in mind before taking action against a Delegate that has deliberately taken an apparently illegal action, as compared to against an Election Commissioner who has done so, considering the Delegate's powerful in-game position and the risks involved?
As a reminder. These aren't difficult questions.Lord Ravenclaw:Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
You should vote for me because im someone who not only has the experience but because I'm absolutely happy with being here. In the first month I have been here I have already generated about 2000 posts of activity in the Games and Arts section. I think I'm generally a people person. I understand that any decisions I make as Attorney General will affect people's livelihoods in this game and the various forms of emotions that may come with it. I'm not someone who thinks they have a massive intellect so while I love reading and studying I'm not one to really hide behind my books and treat people like they are some throw away item. In understand my limits and I'm not big headed.Banana:Greetings, impressive CV. I can see that the TNP Government will get sound advice, if you are elected. I wont put you through a pop quiz just to see how you react. I want to know about you.
I have a few questions.
Why would I vote for you? Are you a people person or do you hide behind your books?
Are you able to give legal advice to TNP without having any outside influence on any subject?
Are you able to handle criticism on your decisions or advice etc?
Thank you for your time, Good Luck
Your question was next.Lord Ravenclaw:As a reminder. These aren't difficult questions.Lord Ravenclaw:Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
I see. I was just interested as your CV implies that you have some experience in that regard.James Urquhart:Your question was next.Lord Ravenclaw:As a reminder. These aren't difficult questions.Lord Ravenclaw:Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.
The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.Lord Ravenclaw:I see. I was just interested as your CV implies that you have some experience in that regard.James Urquhart:Your question was next.Lord Ravenclaw:As a reminder. These aren't difficult questions.Lord Ravenclaw:Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.
The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Can you link us to any of your past court cases?
Some would say that this sounds like a complete and utter lie, and your earlier defense of privilege merely shows that you have no idea what that term means. How would you respond?James Urquhart:Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.Lord Ravenclaw:I see. I was just interested as your CV implies that you have some experience in that regard.James Urquhart:Your question was next.Lord Ravenclaw:As a reminder. These aren't difficult questions.Lord Ravenclaw:Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.
The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Can you link us to any of your past court cases?
Thank youDrasnia:Good luck on the election, James
Thank youRKO:Hey Urquhart, want to wish you good luck and hope you do good in the election.
Thank you very muchWilkshire:Good luck, James - you are an excellent candidate and will have my vote! TNP is lucky to have you.
Thank youDeropia:Best of luck James. May the best candidate win.