The Clerk of Courts Removal Prime Dictate (47PD02)

[Lüc da Schir]

The Office of the Prime Minister of Talossa
__________________________

L'Óifisch dal Seneschal del Regipäts Talossan

The Clerk of Courts Removal Prime Dictate (47PD02)

WHEREAS the current Clerk of Courts, Senator Bradley C. Holmes, is currently on active military service, a condition for which the Clerk's absence is excused under G.5.7.1.1; and

WHEREAS although active military service is a condition for which the Clerk's absence is excused, Lex.G.5.7.2 states that "In the event the Clerk anticipates a lengthy absence, even for an excused purpose, s/he should consider resignation to ensure the people are adequately served."; and

WHEREAS the Government understands the reasons behind S:r Holmes' absence, but as it stands, the Government cannot accept any further avoidable delays in the Justiciary system; and

WHEREAS as per El Lexhatx, Section G.5.9, the Seneschal is empowered to remove the Clerk of Courts if he or she feels that the Clerk is guilty of misconduct; and

WHEREAS I understand that S:r Holmes would be more than happy to be able to perform his duties as Clerk of Courts, and there has been no intended malice in his actions, but his absence is being really lengthy, and while performing his duties as Senator he had trouble logging in on Wittenberg, to the point that he had to ask another fellow Senator to post his votes on his behalf; and

WHEREAS with the unusually high number of lawsuits this year, the absence of the Clerk is being quite "heavy" on the Justiciary, which needs an active Clerk to function properly, and I regret to ascertain that unfortunately S:r Holmes appears to be no longer able to provide the level of activity that this position requires;


THEREFORE, as per Lex.G.5.9, S:r Bradley C. Holmes is relieved from his duties of Clerk of Courts, with many thanks for the work done in these years, and hoping that he will return to be active on Wittenberg soon.


FURTHERMORE, if Royal Assent over this Prime Dictate is granted, His Majesty's Government would respectfully like to recommend to His Majesty S:r Marcel Tafial as the new Clerk of Courts.

Lüc da Schir
Seneschal dal Regipäts Talossan / Prime Minister of the Kingdom of Talossa

[Béneditsch Ardpresteir, O.SPM.]

How does one dislike the post? The problem is that like FB, there is no unlike button here too...

I would request his Majesty to veto this PD. As a sitting Magistrate I have had the pleasure of interacting on occasions with S:reu Holmes, and have found that despite his call of duty, he has been able to do his job in the Court pretty decently.

It is a sorry state of affairs that the present ruling coalition does not have the will or the mettle to face the vote in the Cosa on such matters, if at all things needs to be changed.

[Magniloqueu Épiqeu da Lhiun]

Oct 4, 2014 5:45:27 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

How does one dislike the post? The problem is that like FB, there is no unlike button here too...

I would request his Majesty to veto this PD. As a sitting Magistrate I have had the pleasure of interacting on occasions with S:reu Holmes, and have found that despite his call of duty, he has been able to do his job in the Court pretty decently.

It is a sorry state of affairs that the present ruling coalition does not have the will or the mettle to face the vote in the Cosa on such matters, if at all things needs to be changed.

Are you kidding me? When I tried to bring this up to the Cosa, I was QUASHED by the Senator Preston and other RUMPers, that this were not a deliberative choice to be made by the Cosa, but only the King, or a PD, might "fire" the Clerk of Courts.

ARE YOU F-ING KIDDING ME? Is this a game?! Or a practical joke of some sorts?

[Sevastáin Pinátsch]

I think we'd all appreciate the pleasurable interactions you refer to, except they are too few and far between. I agree this is an unfortunate situation, but mostly because of S:reu Holmes' consistent lack of realism in considering his time available to devote to conflicting duties.

While it is honourable that he's serving his country, it makes it impossible to adequately serve this nation. Consequently, our Cort system has been bottlenecked and Ataturk is without a Senator in any meaningful sense.

It would have been very honourable for S:reu Holmes to acknowledge the indeterminate limitations of his current situation and step aside gracefully. Instead, we're in the awkward situation of either embarrassing him or embarrassing ourselves in continuing to excuse ineffective management.

As a government, I think we heard quite enough about what we failed to do last term. As such, dangling problems like this cannot and will not be ignored any longer.

[Béneditsch Ardpresteir, O.SPM.]

For what we know, a present Cabinet Minister has been usurping the power vested with the Clerk of the Court as per the law. So why is the government complaining and trying to oust the Clerk? If someone is to be ousted, it should be the one who has been blatantly disregarding the letters of the law and impeach him. Another present Cabinet Minister was after the life of the Clerk the last term, simply because his petition was delayed because of technical reasons.

I don't know what the coalition government has in mind, but it definitely has some hidden agendas by singling out people so that others are rendered ineffective. The Seneschal seems to have forgotten that its only in case of an alleged misconduct can a PD be issued for removal. There has not been any alleged misconduct apart from certain quarters who have ulterior motives and nefarious designs. I as a Magistrate have no option but to come out in support of my staff and state that those who want to oust him have a blatant disregard of law, and are acting on wrongful advice, malafide intentions and personal vengeance.

The easiest solution of all these things is to ask S:reu Holmes to open a special gmail id for receiving matters pertaining to the Talossan Court, and all such mails be redirected to the official account that he can frequently access. Simple. But no, these young and energetic minds would not rest till they have his job. Spamming the specified account should be punishable by suspension for a couple of months.

I speak about the Clerk of Court only... I do not know the Senator of Ataturk!

[Dr. Txec dal Nordselvă]

I've found the complaints odd as well. Every time I've emailed Brad, he's responded within a day. I'd much rather see the government try to get an assistant clerk of courts appointed rather than publicly removing our current clerk without even showing any evidence they've tried to ask him to step aside.

[Magniloqueu Épiqeu da Lhiun]

I reiterate that the Chancery’s appeal from Aug 15th has not yet been assigned by the Clerk of Courts. Mind you, the Chancery’s counsel is AD.

[Owen Edwards]

For the record, I did not support Brad's removal, and can only say he has always responded to my emails promptly. However, the report of other officials was that they did not hear from him promptly (or rather, at all). If that's true, that is a problem - especially in the case of the AG.

[Sir Alexandreu Davinescu]

Epic, I also echo the concerns that the Government is trying to remove someone for behavior that is explicitly and literally said to be acceptable - being on military service - and calling it "misconduct." So you probably shouldn't drop my name here in support, because I think it's a pretty lousy thing to do.

[Miestrâ Schivâ, UrN]

Oct 4, 2014 8:47:15 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

I don't know what the coalition government has in mind, but it definitely has some hidden agendas by singling out people so that others are rendered ineffective.

The Seneschal seems to have forgotten that its only in case of an alleged misconduct can a PD be issued for removal. There has not been any alleged misconduct apart from

... not being available to do his job? I know that RUMP voters like it when nothing happens in Talossa, but this is ridiculous.

[Miestrâ Schivâ, UrN]

Brad Holmes did NOT reply to my petition for declarative relief re: the election. So heavens knows why he replies to Txec. It couldn't be simple political bias... could it?

[Béneditsch Ardpresteir, O.SPM.]

The main problem lies in the fact that Brad actually needs to open another non military email account which would direct all important mails to his official id. His official id is accessible all of the time (probably the reason why he's close to the Magistrates).

The Government's action is like killing a person to stop the spread of a contagious disease instead of finding cures.

Despite clarifications, I still submit that certain statutory powers of the Clerk are often usurped by the bench. So isn't the Government bringing out impeachment proceedings?

[Eðo Grischun]

This really should have been brought before the Ziu.

[Béneditsch Ardpresteir, O.SPM.]

Oct 4, 2014 18:53:23 GMT -6 Miestrâ Schivâ, UrN said:

Oct 4, 2014 8:47:15 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

I don't know what the coalition government has in mind, but it definitely has some hidden agendas by singling out people so that others are rendered ineffective.

The Seneschal seems to have forgotten that its only in case of an alleged misconduct can a PD be issued for removal. There has not been any alleged misconduct apart from

... not being available to do his job? I know that RUMP voters like it when nothing happens in Talossa, but this is ridiculous.

Goats and sheeps are only allowed to graze, but they aren't allowed to eat plants / shrubs. The logic being they'll attack the small plants in their tender stage and thus rendering them unfit for growth later. The ZRT backed government would do better simply running and grazing the country side rather than trying to bite off the establishments.

[Dr. Txec dal Nordselvă]

Oct 4, 2014 18:53:23 GMT -6 Miestrâ Schivâ, UrN said:

Oct 4, 2014 8:47:15 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

I don't know what the coalition government has in mind, but it definitely has some hidden agendas by singling out people so that others are rendered ineffective.

The Seneschal seems to have forgotten that its only in case of an alleged misconduct can a PD be issued for removal. There has not been any alleged misconduct apart from

... not being available to do his job? I know that RUMP voters like it when nothing happens in Talossa, but this is ridiculous.

Kinda funny coming from someone who tends to see conspiracies everywhere she looks.

Also, I haven't emailed Brad in a few months, but when I did email him, he was prompt. One more thing, you constantly belittling RUMP voters is disingenuous, rude, and uncalled for. Get off your damned high horse please.