[For Release] The North Star XXXVIII

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[b][color=#1D2C7C][size=200]Issue XXVIII[/size][/color][/b][/center][hr]

[box][b][size=175]Editor's Note[/size][/b]

[align=justify][size=110]Presenting the latest edition of The North Star! We hope you thoroughly enjoyed the previous one, and despite facing some challenges, we're thrilled to continue delivering high-quality issues. We extend our sincere gratitude to everyone who contributed to this edition, with a special shout-out to the exceptional work of our Minister of Communications, [nation]Bobberino[/nation], who took charge during uncertain times and absolutely nailed it.

This issue is packed with exciting content! Firstly, we delve into two compelling articles about our judiciary, exploring the court trial 'The North Pacific v St. George' and the recently concluded Judicial Elections. Additionally, we take a deep dive into the historical origins of our constitution and the fascinating tale of Democracy Day. The tumultuous recall of our Delegate [nation]Gorundu[/nation] is also a significant feature in this edition. Finally, don't miss our captivating interview with Minister of Defence, [nation]Comfed[/nation].

On behalf of the Ministry of Communications, we express our gratitude for your continued support and readership. The North Star remains a source of immense pride for us, and we genuinely hope you relish every moment reading this issue. Enjoy!

[nation]Halsoni[/nation]
[b]Deputy Minister of Communications[/b][/size][/align][hr][/box]

[box][anchor=ARTICLE1][b][size=175]The North Pacific v St. George[/size][/b][size=120][tab=10]by [nation]Bobberino[/nation][/tab][/size][/anchor]

[align=justify][size=110]Another day, another momentous court case involving MadJack / St George, it seems. This time, this case was highlighted by a nesting doll of THOs, a potential mistrial, and some additional creative legal strategies by the Defense that highlighted some glaring flaws in our judicial system. Does this sound interesting? I'll answer for you - it is. Grab a coffee, grab a bagel and sit down. This one will be a bit of a doozy.

On June 9th, St George resigned from his government positions, citing burnout. One day later, on June 10th, Delegate Gorundu dropped a bombshell - he was indicting his former Advisor and Minister of Culture for Espionage. Before the case began, Justice Pallaith was asked to recuse himself due to his rather obvious conflict of interest being an Advisor to the Delegate himself; this he accepted. Sanctaria was appointed to replace Ghost. With Cretox and Dreadton as his defense team waiting in the wings, the trial was underway. On June 11th, Cretox pointed out that Justice Attempted Socialism's position as Deputy Minister of Foreign Affairs could further compromise his impartiality. This was, again, accepted. Eluvatar took up the mantle of Moderating Justice from Attempted Socialism following his appointment as Temporary Hearing Officer (THO). Following me so far? Good. This will be on the test.

On June 12th, newly minted Moderating Justice Eluvatar appointed Great Bights Mum (GBM) as THO. The next day, fireworks. Gorundu appointed Tlomz as Prosecutor. Attempted Socialism appointed Oracle as Standby Hearing Officer, whilst recused from the case; stating in the post that he was acting "absolutely" upon the recommendation of the THOs and of Moderating Justice Eluvatar, for the express written purpose of "avoid[ing] any undue influence over the case." This was clearly not good enough reasoning for Cretox, who within an hour and a half of the aforementioned post being made, motioned for a mistrial. In an attempt to summarize, the crux of Cretox's argument was that Attempted Socialism's continued involvement in the case (however minimal and regardless of intent), was a violation of MadJack's rights as per the Bill of Rights, subsection 7, which begins by stating, "7. When charged with criminal acts, Nations of The North Pacific and its territories shall have a fair, impartial, and public trial before a neutral and impartial judicial officer."... Cretox's argument concludes that communicating with and working with a citizen (in this instance Attempted Socialism) who had recused himself from the matter was extralegal, in a manner not dissimilar to that of The North Pacific v. Pigeonstan. All of the above was hashed out on the 13th.

Okay. Pause. Breathe. Take a bite of your bagel and take a sip of your coffee. Ready for more? Good. You better be.

Tlomz, in his capacity as Prosecutor, was allowed to respond to this. He did so late on the 14th. His argument against the mistrial was several-fold, but the crux of the argument was that the trial had not yet begun. He begins by arguing that passing a note from Eluvatar to AS before the trial had properly begun - its fairness, thusly, could not be negatively impacted. Tlomz's argument continues by saying that the only indication that we have of any communication was for the express purpose of following precedent - in this instance, being that of upholding the previously established court rules. Furthermore, Tlomz presents a procedural argument - he argues that the timeframe for motions to be accepted / denied is not ongoing and had been yet to be scheduled. Whilst he acknowledges that there is little legal precedent for a mistrial in TNP case law, he also presents that they were in a pre-trial period - there would be nothing to rule a mistrial on. Got all that? No? Okay. Friendly reminder this will be on the final.

Eluvatar responded to these arguments on the 15th. He ruled in favor of Tlomz - the Prosecution. Several days later, Cretox filed an indictment of Eluvatar for Gross Misconduct. I will not rehash it again in full here as I view the logic used is very similar to the logic used by Cretox in his earlier arguments regarding Attempted Socialism. The nesting doll of recusals continue - AS, Ghost, Elu, GBM, Tlomz, Oracle, MadJack, Dreadton and Sanctaria were all requested to recuse themselves in case of them being called upon for THO purposes. Nothing was done further on this indictment, and 3 days later on the 18th, it was 'happily' withdrawn by Cretox; in addition, he stepped down from MadJack's legal team. Still with me?

The next day, it was announced that a plea deal had been reached. In summary, *breathes*: the Espionage charge was dismissed, the logs from the Office of the Delegate channel posted prior as evidence were stricken from the record, the dispatch that MadJack posted was indeed posted by MadJack and was included as evidence thusly as per “On the Sentence Issued by the Court in the Case of The North Pacific v. Whole India[.]", the defense wa(i)ved conflict claims regarding GBM and Oracle, the prosecution accepted the defense's plea of No Contest to the charge of Gross Misconduct, and a joint sentencing recommendation of 3 months voting restriction was submitted, subject to a following statement by each party about relevant case law and any other factors the Court was to consider. Whew. After a delay in the proceedings to fill a hole on the bench caused by the resignation of Sanctaria with Simone, the timetable was set - sentencing would come down sometime in the middle of July, ideally on the 12th. After a relatively dramatic, appeal-to-emotion post from Dreadton and the defense team pointing out the uniqueness of MadJack's legal and ethical situation, and a fairly straightforward, matter-of-fact recounting of the facts of the case from Tlomz; the sentencing came down. It was ruled that MadJack was to be stripped of office (a moot point as he had resigned both his government positions a month prior), and lose voting rights for 3 months.

This was a landmark case in TNP. The gravity of the situation, the names involved and the ripples it sent through the region are palpable - it has been a topic of much debate and discussion with regards to the recall of Delegate Gorundu - many, it appears, do not necessarily approve of the way the Delegate handled the situation. It remains to be seen what the ultimate effect of this case will be, both domestically and in foreign affairs circles.

[i]Note: This article does not necessarily represent the views of the Government of The North Pacific. The author is accountable for any extrapolation and analysis that extends beyond the fundamental facts presented.[/i][/size][/align][hr][/box]

[box][anchor=ARTICLE2][b][size=175]Judicial Elections Conclude[/size][/b][size=120][tab=10]by [nation]Feelings[/nation][/tab][/size][/anchor]

[align=justify][size=110]Elections for new justices concluded on the 12 of July, with there being four total candidates that ran for the justice positions; the candidates were Pallaith, Eluvatar, Attempted Socialism, and Just a Lore. The elected Justices will hold their positions until the next Judicial Elections in November.

[B]Campaigns[/B]
In his campaign, Pallaith cited his previous campaigns for the position of justice and stated his willingness to serve and his ability to provide a steady hand in times of crisis and controversy. Pallaith has previously summed up his judicial philosophy with the following quotes:
[i]"One thing that I hope never happens again, and that I would consider it my duty to avoid, is for advocates to lose a case on a technicality that anyone paying proper attention in the trial would have been able to observe. If we want justice to actually be served, then we should be concerned with the facts of the case and the arguments, not whether all the prerequisite court-cosplay was done correctly. If I see basic procedure is not being followed, I will insist that it is so that such things don’t undermine and render the entire process pointless by dominating the conclusion of the trial.

We need a justice system that is less concerned with all of that pomp and circumstance, and that remembers this is not just a virtual court in a political simulation game, but also the only avenue for adjudicating disputes related to our region’s politics and rules, and the only way to properly resolve them. That’s my judicial philosophy, and I hope to extend it to how I would write opinions, that is, relatively straightforward, with as little artifice as possible. I hope that when I write an opinion, it will be obvious and clear what the result is and why, preferably within a few lines of reading it."[/i]

Eluvatar has a long history of legal efforts within The North Pacific and stated his commitment to democracy and justice in the opening part of his campaign. In his campaign he stated clearly how important those principles are and comitted to upholding them as a justice stating:
[i]"It is the Court's solemn duty to perform fair, impartial, and public trials and to guard the due process of law. I see that as an integral and inseparable part of our commitment to democracy. We seek the truth, through offering space for arguments, receiving evidence, and careful deliberation among the members of a judicial panel. That is the duty I have sought to perform, and am willing to continue."[/i]

Attempted Socialism is a newer face in TNP compared to the other candidates, despite that he is no stranger to the court, with this being the third term that he's running and having served as Chief Justice since February. In his campaign Attempted Socialism pointed out what he viewed as a need for reform within how the court operates and within TNP judicial culture as a whole. He stated he'd like to see more separation between elements of the court, such as having Bar members take cases so that Justices could more appropriately serve in an impartial role. Attempted Socialism also stated a desire to get more people involved in the judicial as well and suggested publishing a shortlist of Temporary Hearing Officers as a way to provide a sort of entry-level for people looking to get involved in the court.

Just a Lore did not post a campaign.

[B]Results[/B]
In the first round of voting, Pallaith was elected with 61.54% of the vote. In the second round of voting, Eluvatar was elected with 59.62% of the vote. In the third round, Attempted Socialism was elected with 68.63% of the vote. All in all the election had a decent turnout with a total of 61 valid votes cast.

The three elected justices will no doubt provide a wealth of judicial experience to the court and strive to make the court a better place as well as uphold the democratic spirit of The North Pacific throughout their term. Regardless of whether or not their term will be a quiet or dramatic one, citizens will no doubt be able to trust that the elected justices will uphold TNP's law while ensuring the rights of its citizens are respected and that they will have access to a fair and impartial legal system.[/size][/align][hr][/box]

[box][anchor=ARTICLE3][b][size=175]The Tale of Democracy Day[/size][/b][size=120][tab=10]by [nation]Comfed[/nation][/tab][/size][/anchor]

[align=justify][size=110]The North Pacific has a long and proud legal tradition. The "request for review" or R4R is a staple of our judicial system and our citizens often use it to take government officials to court over potentially illegal actions. TNP even has a [URL=https://forum.thenorthpacific.org/forum/5002585/]Regional Bar[/URL] of people who are experts in TNP's law. With all that history, it may be surprising to know that TNP did not even have a constitution for the first year of its existence.

Perfectly in keeping with TNP tradition, the ratification of the constitution was a long process involving considerable debate and discussion over the values it would embody and how voting would work. Would the delegate be elected via UN endorsements or on the forum? What about the cabinet? When could the delegate eject nations? These were all questions that the constitution would need to address, and it was a process that several delegates would shepherd the region through.

Finally, Delegate Magicality began the final push for a constitution. Ultimately, the region would ratify a draft by Blackshear, who had been delegate prior to Magicality until he suddenly moved his nation to The Rejected Realms. [URL=https://forum.thenorthpacific.org/topic/630033/]TNP's first ever constitution[/URL] gave the region a structure it had never had before.

The first constitution was quite different from our current one. Ministers were elected, the Delegate was elected via UN endorsements, and trials were overseen by the elected "Minister of Justice". The Constitution, in its third article, also spelled out the process by which the Legal Code would be created and amended–specifically, by referendum, commencing a tradition of direct democracy that persists to this day in the Regional Assembly, though that body did not exist yet.

Elections were to occur every three months and last seven days on the off-site forum. All residents could vote except for residents who registered on the forum after voting started. The delegate was barred from voting unless the vote was tied at the end of the election. Candidates for delegate were required to declare that they were running for delegate on the forum, and were not permitted to "slander" other candidates, and "outright endorsement swapping" was forbidden.

The office of delegate was elected by UN endorsements. The delegate was required to "represent the interests" of residents, and the constitution stipulated that "it shall be understood that this can be best achieved through open and regular communication with member nations." The Delegate was also required to vote in the UN in accordance with the vote of residents on the forum.

In addition to the delegate, the ministers of Immigration and Internal Affairs, External Affairs, Defence, Justice, Communications, and Arts and Entertainment were all to be elected on the forum. Cabinet members had to be forum members for one month and each had to appoint a deputy minister. Ministers could be impeached by the cabinet; the justice minister would preside over these hearings, unless they were the defendant in which case the delegate would.

The Legal Code would govern The North Pacific and be maintained by a pseudo-legislative branch. Bills had to be sent to the minister of justice, and they would jointly with the delegate select bills to put to a vote. Bills needed 60% support in a vote lasting one week to be passed. If they got between 50% and 60% support, they would instead be moved to a debate phase followed by another vote. If the bill did not clear the 60% threshold in that vote, it would be dead. Dead bills could not be revived for a month, and the delegate could block dead bills from being revived. Interestingly, this legislative procedure seems to give the delegate a pocket veto through their absolute discretion to select bills to put up for a vote.

Nations could not be banned from the region unless found guilty of violating the law or NS rules, and a referendum or a trial was required, although the vote needed to last no longer than 24 hours. Residents could also call for a trial, which would be overseen by the minister of justice but judged by a jury selected from a pool of volunteers. Juries would continue to exist in TNP for years.

The Constitution could be amended by 65% majority vote in a referendum and the majority support of the Cabinet.

This Constitution would not last, and would be supplanted by its [url=https://forum.thenorthpacific.org/topic/630027/]far longer successor[/url] in 2005 during the Pixiedance regime. However, it marked the first charter of government in TNP and codified its democratic values–values which predated the constitution and had survived the challenge posted by tyrant delegates such as UPS Rail and Great Bight. It is for this that we celebrate Democracy Day on the anniversary of the first constitution, on July 7.[/size][/align][hr][/box]

[box][anchor=ARTICLE4][b][size=175]Recall of Delegate Gorundu[/size][/b][size=120][tab=10]by [nation]Arawi[/nation][/tab][/size][/anchor]

[align=justify][size=110]This month has seen an incredibly momentous period of voting, debate and drama in the Regional Assembly that has been packed with controversy and argument. This month has seen the (successful) attempt by the Regional Assembly to recall (remove) Gorundu from the Office of the Delegate.

On July 22, a discussion was opened in the Private Halls of the RA relating to the perceived lack of activity from the Delegate, Gorundu. Prior to this, the Delegate had announced an absence due to an in-real-life trip to Europe, and therefore Chipoli became Acting Delegate. However, just four days after, Gorundu announced that he would be ending his absence early, and reassuming the office of Delegate. Many in the Private Halls discussion were frustrated that whilst he said he would now be able to carry out his duties as Delegate again, there was still a significant lack of activity from Gorundu.

Only hours after this discussion opened, four government officials resigned, sending shockwaves throughout the region. Pallaith, Advisor to the Delegate, as well as Kaschovia, Minster of Communications, Fregerson, Minister of Foreign Affairs, and Chipoli, Minister of World Assembly Affairs, all resigned for the reason that there was a substantial lack of communication between the Delegate and his Executive Council, which was beginning to affect the work rate of the region as a whole. This event caused many in the RA to begin discussing a recall vote, which, if passed, would remove Gorundu from the Office of Delegate.

After arguments about the scheduling of a vote considering Gorundu had only just come back from his trip and had not been given enough time to explain himself, a recall vote eventually commenced on July 26. Debate continued whilst the vote was happening, but fury ensued just minutes before the closing of the vote, on the 3rd of August. Gorundu, with minutes remaining of the vote, voted against the recall, which, if it hadn’t been for another citizen abruptly changing their vote in the last minute too, would have single-handedly swung the vote in Gorundu’s own favour.

This action by Gorundu left many in the RA furious. Many felt that Gorundu had shown contempt for the RA, and had shown contempt for a democratic principle of not voting in a vote that affects yourself. This fury led to yet another recall vote in the Regional Assembly being opened.

On the 10th of August, Gorundu announced his resignation, mere hours before the recall vote was scheduled to end. Chipoli assumed the position of Acting Delegate, and Pallaith assumed the position of Acting Vice Delegate.

This saga has been one of the most momentous and dramatic events in TNP for a long time. It has raised significant questions and concerns about the mental toll of being a Delegate, as well as how such a significant vote is conducted. This fiasco will remain in minds for a while, and will be learnt from and looked back upon with hindsight.

[i]Note: This article does not necessarily represent the views of the Government of The North Pacific. The author is accountable for any extrapolation and analysis that extends beyond the fundamental facts presented.[/i][/size][/align][hr][/box]

[box][anchor=ARTICLE5][b][size=175]The Spotlight 36: Interview with Minister of Defence Comfed[/size][/b][size=120][tab=10]by [nation]Arawi[/nation][/tab][/size][/anchor]

[align=justify][size=110][color=blue][b]AraFuttio[/b][/color]: Hello, and welcome to another edition of TNS’s Spotlight Interview Series, where we have a chat with some of TNP’s finest! Today we are with Comfed, currently serving as TNO's Minister of Defense. It’s great to have you with us today, Comfed.

[color=red][b]Comfed[/b][/color]: Thanks for having me!

[color=blue][b]AraFuttio[/b][/color]: Let’s get to know you personally a bit. What kind of interests do you have?

[color=red][b]Comfed[/b][/color]: Well, I think oranges are pretty tasty.

[color=blue][b]AraFuttio[/b][/color]: Oranges are indeed tasty! What are your origins in NationStates? How did you start off?

[color=red][b]Comfed[/b][/color]: I was founded in The South Pacific after doing a search for "create a nation online" or something like that on Google. After that I kind of made a whole bunch of nations just to have them use different ideologies, but I could never settle on one so I made a bunch over a few weeks. Comfed was the first one I made and it was intended to be a repressive and communist state.

Anyways, eventually I settled on Comfed just because it was the oldest. Then I started getting involved in gameplay by applying for citizenship in first TNP, but also a lot of other regions. This was a process that I continued over the course of about two years where I hopped from region to region, not really ever sticking to one place and changing my mind a lot. Eventually though, I settled on TNP, which I had mostly maintained citizenship in the whole time.

[color=blue][b]AraFuttio[/b][/color]: Ha, I too searched ‘create a nation online’, and found NationStates, although I would imagine that is a common way of discovering the game! What drew you to the North Pacific as a region to settle in and eventually, become very influential in?

[color=red][b]Comfed[/b][/color]: Well at first, I think I joined TNP just because it was the biggest! But it was my first region and the one I stuck around in, even if I wasn't always what you'd call active.

[color=blue][b]AraFuttio[/b][/color]: Again, similar to me! I also wanted to join a large region as it would have plenty of activity to get involved with. You’ve been Minister of Defense for a few weeks now. How do you think your term is going so far?

[color=red][b]Comfed[/b][/color]: I think we've been doing okay! My first goal was to revive a regular pace of operations, which I think I have achieved.

[color=blue][b]AraFuttio[/b][/color]: I think you have achieved that; there has certainly been no stagnation in the number of operations. What plans and ideas do you have for the NPA - a constantly-changing organisation - going forward? What steps have you taken so far to achieve these goals?

[color=red][b]Comfed[/b][/color]: The first priority was to start doing operations again. The first step was then just for operations to be organized, which has happened and I am pleased with that. From there, we are going to continue holding plenty of operations, along with ramping up recruitment drives, updating our resources, and some structural changes that are in the works.

[color=blue][b]AraFuttio[/b][/color]: Being in charge of the NPA must come with a lot of responsibility; the decisions you make come with big implications for the future of regions and such. How do you handle the pressure and make sure you make the right military decisions?

[color=red][b]Comfed[/b][/color]: I remember that there are other people who are smarter than me who I can go to for advice!

[color=blue][b]AraFuttio[/b][/color]: I’m sure that there aren’t that many people better at managing a military than you! The NPA is an organisation that prides itself on cooperation with other military forces. How can we improve cooperation further with other militaries?

[color=red][b]Comfed[/b][/color]: Communication is very important, both with the delegate and the head of state and (especially) the military of other regions. It does also help a lot to be familiar with the gameplay landscape and to know which people to talk to.

[color=blue][b]AraFuttio[/b][/color]: The NPA is always undertaking new challenges and conducting operations. How does it feel when the NPA successfully conducts a military operation?

[color=red][b]Comfed[/b][/color]: I am always happy to see an operation through to completion, and I am always grateful to all the NPA soldiers who made it possible.

[color=blue][b]AraFuttio[/b][/color]: For some, the NPA may seem quite complicated or a big commitment. What would you say to a nation of the North Pacific that is unsure whether to join the North Pacific Army?

[color=red][b]Comfed[/b][/color]: I think this is a common misconception about the NPA. It might take some time to prepare your puppets the first time, but operations themselves only last an hour at the update times, and you don't have to be present at every single update to be successful. Likewise, R/D itself may seem complicated, but it is actually generally pretty easy to get into if you participate in a few training operations to learn the basics.

[color=blue][b]AraFuttio[/b][/color]: Yes, luckily we have a military that always welcomes new members and makes sure they can quickly be taught the basics of the magical mystery tour that is R/D! From your perspective, how do you think Gorundu and his government’s term is going so far?

[color=red][b]Comfed[/b][/color]: I'm proud of what we've been able to accomplish this term. I think we've made a lot of advances in internal and foreign affairs.

[color=blue][b]AraFuttio[/b][/color]: Well thank you so much for speaking with us, Comfed. It has been fantastic to chat with you.

[color=red][b]Comfed[/b][/color]: Great to talk to you![/size][/align][hr][/box]

[box][center][b][size=150]Thank you for reading![/size][/b]

[size=100][U][B]The North Star[/B][/U][B]:[/B] [I]Lighting The Way To The Truth[/I]
Publisher: [nation]Gorundu[/nation] | Executive Editor: [nation]Bobberino[/nation]

[I]The North Star is produced by the Ministry of Communications on behalf of the Government of The North Pacific and is distributed by the Ministry of Foreign Affairs externally and the Ministry of Communications internally.
Except where otherwise indicated, all content represents the views of the Government of The North Pacific.[/I][/size]

[B][URL=https://www.nationstates.net/page=dispatch/id=1114798]Index of Issues[/URL][/B][/CENTER][/box]