[Private] Court Rules Revision

Eluvatar

Eluvatar

TNPer
-
-
Pronouns
he/him/his
TNP Nation
Zemnaya Svoboda
Discord
Eluvatar#8517
So it seems there's a hole in our procedures, as highlighted in the case that has fallen to me.

I propose a swift update to our Court Procedures by adding:

Chapter 7: Recusal of the Chief Justice
  1. In any matter where the Chief Justice is recused, and these procedures require action by the Chief Justice, the remaining justices and temporary hearing officers will promptly select an acting Chief Justices.
  2. That acting Chief Justice may act as Chief Justices under these procedures as pertains to that matter.
  3. The acting Chief Justice will not take office as Chief Justice and their acting as Chief Justice will be as part of their duties as Justice or Temporary Hearing Officer, and will not be required to swear an oath of office as Chief Justice.
Click to expand...
 
Isn’t the problem here that we advanced the trial without all the appointments having been made? If that SHO wasn’t TBD then the recusal wouldn’t have mattered.
 
I'll have to give some thought to the proposed change, but initially it looks good.
I'm not exactly happy about the defense's claims here, as this was the exact situation we were trying to avoid.
 
Eluvatar:
But what if @Attempted Socialism was recused prior to the decision to accept the indictment?
Click to expand...
That’s a real edge case but I suppose I see your point.

I don’t like how you have it set up. Just say the remaining justices/THOs choose one of themselves to handle the duties normally handled by the CJ for that trial. That way you avoid the whole calling them acting CJ and clarifying how they aren’t really the CJ and it only applies to the case.

Frankly this bullshit is what made me angry enough to join the Court in the first place, and it hasn’t gotten any better. This stuff is just convoluted and doesn’t serve actual justice in this region. I think we ought to give some thought to rethinking the entire thing, though that would be particularly difficult. I share the frustration, these trials are too often exercises in coming up with the most inventive ways to beat the system and meta game. Fun for the people playing lawyer, annoying for anyone who actually wants something substantial to come from such a system.
 
I'm annoyed that this will likely lead to people swearing an oath as chief hearing officer, but whatever.
Chapter 7: Recusal of the Chief Justice
  1. In any matter where the Chief Justice is recused, and these procedures require action by the Chief Justice, the remaining justices and temporary hearing officers will promptly select from among themselves a chief hearing officer.
  2. That chief hearing officer will act as Chief Justice under these procedures as pertains to that matter.
Click to expand...
 
Eluvatar:
I'm annoyed that this will likely lead to people swearing an oath as chief hearing officer, but whatever.
Click to expand...
If that annoys you then don’t do it that way :P

Why do they need to take an oath for this role? Just have them pick someone to administer things on the Chief’s behalf. No need to make it another temporary position, we have plenty of those already. They are already oathed by virtue of their justice or THO status.
 
How about...
Chapter 7: Recusal of the Chief Justice
  1. In any matter where the Chief Justice is recused, and these procedures require action by the Chief Justice, the remaining justices and temporary hearing officers will promptly designate from among themselves a justice or hearing officer to carry out those actions.
Click to expand...
 
Sorry about formatting.

Chapter 7: Recusal of the Chief Justice

In matters where the Chief Justice is recused, if these matters require the Chief Justice to take an action, the remaining Justices and Temporary Hearing Officers will promptly designate from among themselves a Justice or Hearing Officer to carry out those actions.
 
I specifically chose to use the singular in order to make clear that the designated justice or hearing officer is only to take actions regarding the specific matter in question, not all matters or all matters requiring the recusal of the Chief Justice.

If you change "matter" to "matters", you can maybe keep this distinction if you also change "those actions" to "this action".
 
I mostly wanted to (re)move the "procedures" to follow the Chief Justice ("to take action(s)"), so if you prefer one over the other, I'm happy to oblige:

In a matter where the Chief Justice is recused, if that matter require the Chief Justice to take actions, the remaining Justices and Temporary Hearing Officers will promptly designate from among themselves a Justice or Hearing Officer to carry out those actions.
 
All right:

Chapter 7: Recusal of the Chief Justice
  1. In any matter where the Chief Justice is recused, if that matter requires the Chief Justice to take actions, the remaining justices and Temporary Hearing Officers will promptly designate from among themselves a Justice or Hearing Officer to carry out those actions.
Click to expand...
 
You must log in or register to reply here.
Back
Top