CJ Appointment

[Belschaft]

Any suggestions regarding the CJ position?

[Southern Bellz]

Brutland? Tsu?

[Kris Kringle]

I think Brutland is working with Escade con Cartography.

[Sandaoguo]

I don't mind much who is in the position, so long as they're willing to work with the Assembly on reforms. Now that the election is over and there's no huge gameplay scandal going on right now, I'd like to bring reforms to the floor.

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[Rebel-topia]

In hindsight...

SB leaving the post that we've discussed ridding for the last 3 months...

 

Anyway... I think QuietDad is a good man for the job.

[Belschaft]

I like the idea of QD. Any objections before I give him a poke?

[Kris Kringle]

I wouldn't object to him being Chief Justice. He does seem to be a bit proactive about government activity, so it might be a good time to have another new person in government.

I say give him a poke to see if he's interested.

[Escade]

I'll second QD. 

 

I'm also still confused about the CJ position - was it going to be removed at one point? What is the status of that?

 

Totally unrelated, Bel but when would you like to hold the official commendations ceremony for TSPers?  I've got the list and QD provided a medal which I think is great.

 

Basically, what I'd love is for you to announce that the heroes that helped TSP survive during the Z-Day Apocalypse are being commended and as DELEGATE make a post in a new "Wall of Fame" area with the list. 

 

It'd be lovely if the commendations\post came from you!

[Belschaft]

Gimme some time to look into it Escade. I saw the medal and it was ok, but could do with a bit of work, I also have to go over the various lists people sent me of people they saw helping and check them out.

[Sandaoguo]

I'm also still confused about the CJ position - was it going to be removed at one point? What is the status of that?

 

There will still be a Chief Justice, but the position won't be nearly as a solitary as it is now.

[Kris Kringle]

Well perhaps it is time to made the reform. We've been here for three months already and I don't even have a clear idea of what is going to change about our judiciary.

[Sandaoguo]

The changes are pretty much what Belschaft ran on. I'll have something written up by the end of the week, if not before, for the Assembly to debate. It hasn't come up yet because other matters were more important, and the discussions I had about it with Belschaft and Southern Bellz were short-lived.

 

 

<b>JUDICIAL REFORM</b>

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;text-align:center;"> 

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;">Judicial Reform once again makes it way onto a Manifesto with Belschaft at the top, as in 2011 and 2012. This should surprise no one - we have never been able to put together a court system that we like, and constantly feel the need to meddle with it. There are good reasons for this; Court systems are fundamentally not suited to NS, as TNP has long ago proven. Whilst attempting to simulate real life court procedures and jury trials may give us the appearance of liberalism and judicial diligence, in reality it gives us neither, and instead produces a deeply flawed system. As such I have decided that it is in TSP's best interests to scrap the Court and replace it with what I envision as a more functional model for judicial matters.

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;"> 

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;">In place of a court I intend to create a second chamber of The Assembly, an elected Senate responsible for judicial matters. It will have no legislative powers and members may continue sitting in the Assembly itself, avoiding the common problem of bicameral systems in NS - two chambers doing the same thing for no purpose - but instead will handle matters of judicial review and criminal complaints. Instead of the flawed, adversarial court setting with a prosecution and defense the Senate will debate matters with the objective being to find out the truth and resolve the issue. Any citizen may bring a matter to the attention of The Senate or submit evidence to them, but the Senate's public debates will be for them alone; if the do not consider the matter serious enough to address then they will not do so; in truth, the Senate functions more like a parliamentary select committee than an independent chamber, and thinking of it in those terms should help explain the concept.

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;"> 

<p style="color:rgb(40,40,40);font-family:Ubuntu, helvetica, arial, sans-serif;font-size:13px;">This new system will solve a number of problems. To start with, judicial review will not rest in the hands of one individual. At present we have a hybrid system where it still does, but if anyone dislikes that opinion then they may demand a second opinion, and if those differ a third opinion from three more people. This process has never yet been used, much to my relief. We also save ourselves from the mess which is criminal trials, and produce what should be a quicker and fairer process, and one that would involve less people even if we had a Senate with Seven or more members. Another benefit is that I expect The Senate to provide another function of the select committee, by holding our government to account with its powers of judicial review. I look forward to lively debates among the Senators, and eagerly await the first time they declare a course of action I have taken to be illegal. Finally, by holding elections to The Senate two months after Cabinet elections, we break up the overly long period of time without an election cycle and provide yet another opportunity for people to engage themselves deeper into the region and take part in her governance.

[Kris Kringle]

That I did remember. My confusion was more directed towards the position of Chief Justice. The campaign platform seems to indicate that it would be abolished, but I don't remember if you or Belschaft had mentioned that the position would remain but just as the presiding officer of the Senate?

[Belschaft]

QD has agreed to serve as CJ.

[Sandaoguo]

Yeah, I'm just going to come out and say that I'm more than disappointed in this decision. Quietdad is opposed to the core part of judicial reform, which is the complete opposite of what my prerequisite was for our CJ appointment. In a private discussion, QD basically signaled to me that they're not interested at all in reform.

[Belschaft]

It's an interim appointment, required by the Charter - there needs to be a CJ. I don't see their support or opposition to judicial reform as being a matter of importance.

[Sandaoguo]

It's an interim appointment, required by the Charter - there needs to be a CJ. I don't see their support or opposition to judicial reform as being a matter of importance.

 

It's important if judicial reform is something you actually want to be seen done this term. It's hard for me to enact your judicial reform idea when it's opposed by the Chief Justice, which is why I said I'd like somebody willing to work with the Assembly to realize it. QD opposes the idea of inquisitorial justice and basically told me he's not interested in having the debate.

[Belschaft]

 

<blockquote class="ipsBlockquote" data-author="Belschaft" data-cid="107730" data-time="1383967438">
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It's an interim appointment, required by the Charter - there needs to be a CJ. I don't see their support or opposition to judicial reform as being a matter of importance.

 

It's important if judicial reform is something you actually want to be seen done this term. It's hard for me to enact your judicial reform idea when it's opposed by the Chief Justice, which is why I said I'd like somebody willing to work with the Assembly to realize it. QD opposes the idea of inquisitorial justice and basically told me he's not interested in having the debate.

 

</div>
</blockquote>
The CJ has no need to be part of the debate, per see. It is a matter for the Assembly, and the CJ has no more special privileges in that body than the Delegate.

[Kris Kringle]

I have to admit that it does get a bit frustrating how he seems to be more concerned with "getting over with" the debate than finding the best option for our judicial branch, considering how he is the Chief Justice...