[DRAFT] Getting Started In The Judiciary [word count 1,725]

Marcus Antonius

Per Ardua Ad Astra
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Marcus Antonius #8887
This is the first essay I have done since my Aeronautical Hydraulics phase in 1989.

I hope it cuts it :)


Have you ever been nominated as a candidate for Justice?

My name is Marcus Antonius. I have been playing NationStates since May and had been looking for an entry point into the more interesting aspect, for me, of Government. The game has become a routine in my life which keeps the old grey cells exercised, I joined the forum and published some items in the university. I still wanted more to do so I joined some ministries, which helps to keep me active. Then this nomination for justice came up out of the blue. Not one to back down from a challenge, I accepted the nomination. That started five days of excitement and fun for me.Also a lot of hard work in learning the Laws etc. I had no experience in TNP law, and also due to ignorance of it, I was set to be on the back foot. The result was I eventually ended up in last place, yet still took 21 percent of the vote. This made me thoughtful about the process and the system of how to become involved with the judiciary and that is what this article is about.

To gain information on becoming a Justice, I interviewed all three winning justices from the last election, held in November, Sillystring, Eluvatar and Limerick1. From these interviews I gleaned a lot of information and If you are ever interested in becoming a Justice. Here is a guide on how to become one.

The first requirement is, all three of the winning Justice's are agreed that, you need to have a good knowledge of the Constitution of The North Pacific and The Bill of Rights for all nations of The North Pacific, these were written in order to guide The North Pacific in it's practice of democratic governance. Also Laws, Rules and procedures.

You will find these documents within the The North Pacific Handbook in the Law Index. Here you will also find rules and procedures governing the Court, Regional Assembly, Security Council and Election commission. Various Treaties are also available to view. In order to present a clearer and more comprehensible legal system, the Regional Assembly undertakes to keep the law of the North Pacific organized and clear within the Legal Code of The North Pacific. This can be found in the forum by clicking the link that can be found in the Law Index of the TNP Handbook under Legal Code.

The next requirement is experience, this is very difficult for a “newcomer”, as more than likely they will have none. So how can you gain experience? From my interviews, Sillystring suggests “In my opinion, it's best to start out by participating and learning. Read the laws. Draft and critique RA {Regional Assembly) proposals. Maybe serve in the speaker's office. Ask questions of people who seem to know their stuff.” Eluvatar would suggest this advice “ Join the Attorney General's office, read up, and participate in legislative discussions.”

So how did our new Justices gain experience. Here in their own words are their answers. Sillystring, “I suppose I got experience the usual way? Holding different positions, getting involved, that kind of thing. Eluvatar, “Through writing legislation in various regions and through judicial work. Like my friend Gulliver, I have sometimes turned my pen to codification, which generally forces a pretty comprehensive understanding. Judicial work waxes and wanes, particularly under the AG's (Attorney General's) office, but is valuable hands on experience nonetheless.” Limerick1, “Well that was really the interesting thing about my first election, I had no experience besides what I had read, but the people chose me to fill a spot that had been vacated, so I would argue it was more out of necessity then anything.”

This leads onto my next question. What factors are important in the race to become a justice? Limerick1, interestingly answered this question with “be trustworthy, communicate with the voters, and know the law.” Sillystring also interestingly split the question into two questions and answered both. What Sillystring looks for when voting for Justices, “Me personally, I look for people who have a grasp of the laws, the role of the court, and who can show some critical thinking about tricky questions, even if they don't approach them the same way I would.” Sillystring believes the factors regarding what the citizens of TNP, value in a nominee. “It's my observation that the general public really likes name recognition. They like to vote for people they've seen around before. Demonstrating knowledge of TNP laws and procedures is a bonus. Well, that's not entirely fair. It's more that people who've served in other offices kind of get the benefit of the doubt and people assume they have enough knowledge to serve on the court. Newcomers have to show it more explicitly to have a real shot.”

This led nicely to the next question. In the case that all candidates are qualified, is there a risk that the election becomes a popularity contest? Limerick1 says confidently “Of course, there is no election that doesn’t have that risk, but I have faith in the citizens of TNP to avoid that practice.” Sillystring had a more fuller answer “I suppose, but an election is always a kind of popularity contest - people vote for who they most want to serve in that office. You can't really say for sure whether a voter wants a particular candidate in the office because they like them better, because they think they're more qualified, because they think that person will make decisions they agree with, etc. And if all candidates are well-qualified, I think it's incorrect to say that an election being decided on popularity is a "risk". You have to make decisions somehow, and as long as you're not voting for someone you think isn't qualified just because you like them, I personally think any method you use is gonna be pretty valid.”

One of my personal observations was that in TNP there are various ministries to assist the government, even an entry point for the NPA (North Pacific Army). These ministries provide training and experience in the career choices of the citizens. So where is the Ministry of Justice? The short answer is, there isn't one. All the ministries in TNP exist at the behest of the Delegate. All Ministers are appointed by the Delegate. Justice and the Courts are separate, the Delegate has no jurisdiction over them. Okay, so there is no ministry, so where do you learn the law, who provides training? it's a very important role after all.

I asked the questions relating to this, of the new Justices. Do you think there should be a way for a citizen to train up in Law? For instance, a tutorial or course? Eluvatar answered with “Yes. I've been working on and off on a Legal Manual; it currently has a piece on legal theory and decent analysis of the constitution, bill of rights, and at least much of the legal code as they stood a little while ago; it aimed also to analyse our treaties, court rulings, etc.” Limerick1 replied with ”The problem with training in law is that often you tell people how to think, I think the AG's office has made a good program to help those in need, it is called FIRST STOP.” When asked, do you think a Ministry of Justice should exist? Eluvatar answered with “We used to have a Ministry of Justice, headed either by the Minister of Justice or by the Attorney General (depending on time period). I think the Attorney General's office is an appropriate organ to provide legal education/assistance.” Limerick1 replied with “My personal opinion on a ministry of justice would be a nay, seeing as the workload the court gets now is very low, it would just seem to operate as a largely stagnant institution.” Sillystrings answer was a little bit chilling “There was a "minister of justice" under the old NPD, but that was a dictatorship and the minister existed just to find people guilty.” Scary stuff indeed!

So with all this learning and experience required of the Justice's and then the campaigning process. What 'stepping stone' got them into a position to run for justice the first time? Sillystring answered with “COE brought me into TNP to be a deputy speaker. He was going to be away for a few weeks of his term and wanted a deputy he could trust to take over and run the office while he was gone. Obviously, the speaker's office is one that deals a lot with laws and interpretation and everything so it was a really good crash course.” Eluvatar said “The first time I ran for justice was back in 2009 or so, I think, and I don't remember my precise motivations. I had previously served as Speaker, Delegate, and Vice Delegate, so I imagine I had pretty good name recognition.” As previously mentioned by Limerick1 “ Well that was really the interesting thing about my first election, I had no experience besides what I had read, but the people chose me to fill a spot that had been vacated, so I would argue it was more out of necessity then anything.”

As for myself, I was in the same position, a newcomer, no experience and legal knowledge crammed within a couple of weeks. I took 21 percent of the vote. What if I had succeeded?

To sum up I shall leave you with these words of wisdom from Sillystring.

“The Attorney General frequently prosecutes, but if they decline to do so, anybody can. The defendant can defend themselves, or can select anybody to be their defence counsel. The court writes its own procedures. The delegate and FA (Foreign Affairs) ministry write treaties. The RA (Regional Affairs) ministry writes laws.

Well I hoped you enjoyed the article, I enjoyed interviewing the Justices, it was a real pleasure and very informative. I wish to pass on my thanks to them for sparing their time and wish them all the very best for the future.

The final words I shall pass to Sillystring.

“Justice isn't, in general, an entry-level role. TNP has 6 years of history under just this constitution; if you try to jump into it without some basic groundwork first, you're gonna have trouble”.
 
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A few big edits (less of an interview, more of an article; and links):
Have you ever been nominated as a candidate for Justice?

My name is Marcus Antonius. I have been playing NationStates since May and had been looking for an entry point into the more interesting aspects of NS: regional governments, specifically that of The North Pacific. The game has become a routine in my life which keeps the old grey cells exercised. I joined the offsite forum and published some items in TNP's University. I still wanted more to do, so I joined some ministries, which helps to keep me active. Then this nomination for Justice came up out of the blue. Not one to back down from a challenge, I accepted the nomination. That started five days of excitement and fun for me. (Also a lot of hard work in learning the Laws etc.) I had no experience in TNP law, and due to personal ignorance of it, I was set to be on the back foot. The result was to be expected - I eventually ended up in last place (yet still took 21 percent of the vote). This made me thoughtful about the process and the system of how to become involved with the judiciary.

To gain information on becoming a justice, I interviewed all three winning justices from the last election, held in November, Sillystring, Eluvatar and Limerick1. From these interviews I gleaned a lot of information about becoming a Justice. Here is a guide on how to become one.

The first requirement is - as all three of the winning justices agree - you need to have a good knowledge of the Constitution and The Bill of Rights of The North Pacific, as well as our Legal Code and standard operating procedures. These were written in order to guide The North Pacific in its practice of democratic governance.

You will find these documents within the The North Pacific Handbook in the Law Index. Here you will also find rules and procedures governing the Court, Regional Assembly, Security Council and Election Commission. Various Treaties are also available to view. In order to present a clearer and more comprehensible legal system, the Regional Assembly undertakes to keep the law of the North Pacific organized and clear within the Legal Code of The North Pacific.

The next requirement is experience, which can be very difficult for newcomers, as more than likely they will have none. So how can you gain experience? From my interviews, it is clear that it's best to simply start participating in day-to-day government activities of the region. Become a citizen and become involved with the Regional Assembly. It is also imperative to become educated on the ways of the region, from the foundational documents of our democracy to recent additions to the Legal Code. Read each of the documents within the Legal Index and ask questions. It can be helpful to participate in legislative discussions, and serve under the Attorney General's or Speaker's Offices.

Generally speaking, the justices I interviewed gained experience following their own advice, as listed above. They first and foremost read and thoroughly understood the fundamental documents of our region. Two of the three also became involved in various offices, and participated extensively in regional affairs.

The most important factors in your campaign for justice are to know the law, understand the role of the court, have gained name recognition through regular participation, and be able to resolve complex legal dilemmas in order to demonstrate how you will act while on the job. People who are regularly active and have served well in other roles before have the advantage of public trust, whereas newcomers must explicitly show what they offer to the region in order to be taken seriously. That said, each judicial candidate is vetted with many of the same questions.

In the case that all candidates are qualified, people vote for the kind of justice they want to serve in the office. In such a situation, it's difficult to tell whether voters vote based on qualifications, what decisions said candidates might make, or candidate popularity in the region. The justices I interviewed did not find voter decisions based on popularity to be a problem, and found it unfair to suggest that popularity might lead lesser-qualified justices to be chosen. Notably, The North Pacific gives newcomers a fair chance, but it's best to come prepared for the questions voters might ask.

There are various executive ministries to assist the government. These ministries provide training and experience in the career choices of the citizens. But there is no Ministry of Justice. All Ministries in The North Pacific serve at the behest of the Delegate. All Ministers are appointed by the Delegate. The Judiciary and the Courts are separate institutions over which the Delegate has no jurisdiction over. SillyString also added a chilling statement about a prior form of the Ministry of Justice under the NPD. This essentially rules out such a possibility. But while there isn't a Ministry, shouldn't a considerable effort be made to mentor newcomers on the law? Shouldn't there be some form of training to prepare new generations for the offices they may soon serve? Given the importance of the Judiciary and Courts, one would expect more attention to be given to this area.

I asked each of the justices to share their thoughts regarding such an idea. Each agrees that more rigorous training and proper manuals are needed to improve the operations of this side of TNP's government. Indeed, Eluvatar has for some time been working on a Legal Manual that includes a piece on legal theory and contains decent analysis of the Constitution, Bill of Rights, and sections of the Legal Code. The intent was for it to also include analysis of our treaties, court rulings, and other essential components of TNP's legal history. While progress has stalled, such a manual may be worth continued effort. Limerick1 also brought up a good point that while providing training can be helpful to newcomers, it also poses the risk of instructing them what to think, rather than simply providing the tools needed to support each individual's independent critical thinking. The justices seem to agree that the Attorney General's office is the correct venue to provide legal education and assistance. In fact, with the recent addition of the FIRST STOP program, progress seems to be taking place. The FIRST STOP program is meant to help prevent Requests For Review (R4Rs) from being dismissed over technical fallacies. It allows the Attorney General's office to provide recommendations to ensure that the R4R meets TNP legal requirements such as the demonstration of standing. Such a program is exemplary of the change that should be happening across the Judiciary and Court Systems to demystify the legal proceedings of the region.

It is my opinion that there is definitely progress to be made to both clarify the legal code and provide legal education to newcomers to The North Pacific. That said, given the amount of required knowledge and experience needed for the position, becoming justice will remain no easy feat for anyone. As a newcomer myself, with little experience and only the legal knowledge of a few weeks of cramming, I feel that I did strangely well. I took 21 percent of the vote. What if I had succeeded?

I enjoyed interviewing the Justices - it was a real pleasure and very informative. I wish to pass on my thanks to them for sparing their time and I wish them all the very best.

The final words I shall pass to Sillystring.

“Justice isn't, in general, an entry-level role. TNP has six years of history under just this constitution; if you try to jump into it without some basic groundwork first, you're gonna have trouble”.
 
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Thanks for your editing so far Fiji - it really makes the article flow and therefore easier to read, it has a more polished feel about it. Thank you.

I like it.

Would it be beneficial to you if I provided the actual interviews to you? It may provide more information for you that I may have missed, or do you think the article stands up with enough information?
 
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