|
Post by M.T. Patritz da Biondeu on Jan 21, 2015 22:18:43 GMT -6
Dr. Txec dal Nordselvă would like to speak at the convention! Have at it!
|
|
Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
|
Post by Dr. Txec dal Nordselvă on Jan 26, 2015 16:19:18 GMT -6
Greetings delegates,
I apologize for my delay in responding. My life outside of Talossa has been complicated of late.
I had asked to address you as you consider your platform for the coming election mainly because of my interest in the judicial process. Having served as a Magistrate and now as the Minister of Justice/Attorney General, I have seen where the system works and where it falls short. I am in agreement with my colleague Chief Magistrate Owen Edwards that something needs to change. The whole "clerk fiasco" of this term and the failure of the CpI to act have been troubling. I believe it was Dame Miestra who I once saw refer to the CpI as a retirement home and she is right. The law needs to be fixed so that our most senior judicial minds are not put into a very small box.
The idea of merging the two Corts together to form on large bank of judges is intriguing. As it stands, if a defendant is brought up on charges (and I am so far the only Judge in recent memory to have had such a case successfully completed in my own Cort), the burden of both indictment and conviction/sentencing falls on that single judge. It is more acceptable to legal theory that a defendant face an initial hearing where probable cause and/or indictments can be handed down before a trial judge is assigned. Appeals are another problem. The case I sat on is currently pending CpI review, but there has been no movement by the CpI (this could be another issue with the Clerks office). This makes the process of justice slow and, in my opinion, borders on being inorganic.
I propose a system whereby the three Justices of the CpI and the three Magistrates of the Magistrates Courts combine. A rotating process then selects (at random for the first time and then switching after that) three Judges to act as an appeals court. I also propose that the Chief Judge assigns the cases, not the clerk nor should any judge be able to reach into the basket and grab a case out of it.
I also propose that the process of bringing new lawyers through the Bar be changed. The exam system works well, but a preparation course would be useful. As it stands currently, in order to pass the Bar exam, one must already have a good knowledge of legal theory and Talossan law. I'm not sure the nearly 7 month course that Sir Alexandreu has proposed is the answer, but it is perhaps a good start.
Thank you for letting me address you,
Respectfully, Dr. Txec dal Nordselvă
|
|
Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
|
Post by Miestrâ Schivâ, UrN on Jan 27, 2015 21:35:06 GMT -6
Thanks very much! To put this contribution in context, here are similar thoughts offered by the Progressive Party leader elsewhere. While I like Owen and Txec's proposals, they seem too detailed to put in a manifesto. I'd be in favour of just putting a vague commitment to "judicial reform" in there - unless someone has a clear reform they could put in one or two sentences to propose!
|
|