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Post by C. Carlüs Xheraltescù on Jul 5, 2012 3:28:54 GMT -6
That was my understanding of it. I take it this is still a problem, Dieter?
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Post by D. N. Vercáriâ on Jul 5, 2012 3:39:52 GMT -6
Depends on how we define "problem". The UC would have to decide on a temporary replacement of Justice Grubi whenever a case from the Fiovan Landsdoom is passed on to the UC.
This may never happen as empirically, court cases have rarely been seen in *our* republicn history, but anyway I believe we should avoid any such possible "problems".
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Üc R. Tärfâ
Talossan since 3-8-2005
Deputy Fiôván Secretary of State
Posts: 760
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Post by Üc R. Tärfâ on Jul 5, 2012 4:11:03 GMT -6
I agree with the Polar bear...
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Post by C. Carlüs Xheraltescù on Jul 5, 2012 7:07:55 GMT -6
Personally, I don't see the problem and I find myself in agreement with S:reu Anglatzara. However, if the issue is too controversial perhaps it would be better for the Assembly to approve a different candidate. There's no rush, of course.
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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
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Post by Miestrâ Schivâ, UrN on Jul 5, 2012 15:06:50 GMT -6
Basically, I want to hear from Grubi whether he even wants the role!
Deet, are you suggesting that if Grubi were to recuse himself from a UC appeal from the Landsdoom, he would deliberately pick someone who would agree with his own legal reasons? Where could such a person be found?
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Post by C. Carlüs Xheraltescù on Jul 5, 2012 15:12:31 GMT -6
I've already spoken to him about it, and that's not an issue.
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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
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Post by Miestrâ Schivâ, UrN on Jul 5, 2012 15:47:04 GMT -6
Okay, if Grubi wants the role, he's got my vote, as long as he makes a mighty oath that he will recuse himself in favour of someone really neutral in the event of an appeal to the UC.
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Istefan Perþonest
Cunstaval to Fiôvâ; Regent of the University of Talossa
Posts: 1,024
Talossan Since: 2-21-1998
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Post by Istefan Perþonest on Jul 5, 2012 16:35:30 GMT -6
Basically, I want to hear from Grubi whether he even wants the role! Yeah, but that's not a grounds on which I as Cunsteval would ignore the advice of the Capitán. After all, if Grubi doesn't want it, he could say so to the General Assembly, or resign if the GA put him in, or any other number of resolutions. The only reason I brought the issues I did up is that they were concentration-of-power and constitutional issues, but not ones where it was obvious to me that they justified my unelected ass ignoring the advice of Fiôvâ's Government.
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Post by D. N. Vercáriâ on Jul 6, 2012 1:36:22 GMT -6
Basically, I want to hear from Grubi whether he even wants the role! Deet, are you suggesting that if Grubi were to recuse himself from a UC appeal from the Landsdoom, he would deliberately pick someone who would agree with his own legal reasons? Where could such a person be found? No, that is not my point. My point is that each and every Fiovan appeal to the UC would have to start with Grubi declaring himself partial, then his temporary recuse and a proposed temporary replacement, then the Court's vote on the temporary member. All of this will be a (howsover minimal) perpetual procedural obstacle, that other Provinces don't have to deal with.
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Post by C. Carlüs Xheraltescù on Jul 6, 2012 9:01:33 GMT -6
Temporary replacement? Since there are another two Justices to the Uppermost Court, that won't be required.
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Sir Tamorán dal Navâ
Shackamaxon man/Can you tell me where you stand?
Posts: 772
Talossan Since: 2-21-1998
Motto: Cedo nulli.
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Post by Sir Tamorán dal Navâ on Jul 6, 2012 9:39:43 GMT -6
If what you're looking for is a declaration by me that I will recuse myself if a case is appealed, then you have it. If you'd prefer there is a provision that you can't sit on both courts at once, well, then, that's a consideration we should work on.
But, yes, if it's legal, I'd like to be ADJUDICATOR OF THE LANDSDOOM (all caps, because, by god, that's how it should be with a name like that) while on the UC.
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Sir Tamorán dal Navâ
Shackamaxon man/Can you tell me where you stand?
Posts: 772
Talossan Since: 2-21-1998
Motto: Cedo nulli.
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Post by Sir Tamorán dal Navâ on Jul 6, 2012 9:40:19 GMT -6
But if the majority would prefer a different candidate, I won't put up a fight over it.
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Üc R. Tärfâ
Talossan since 3-8-2005
Deputy Fiôván Secretary of State
Posts: 760
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Post by Üc R. Tärfâ on Jul 6, 2012 9:43:33 GMT -6
But, yes, if it's legal, I'd like to be ADJUDICATOR OF THE LANDSDOOM (all caps, because, by god, that's how it should be with a name like that) For a moment I read LANDSRAAD... I shouldn't exagerate with melange...
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Post by C. Carlüs Xheraltescù on Jul 6, 2012 9:47:57 GMT -6
But if the majority would prefer a different candidate, I won't put up a fight over it. As it stands, I believe you're the best candidate for the job because as a Justice on a national level you are already one of the most active of impartial and apolitical Fiovans. Since you have given your word that you will not preside over any case that is appealed to the UC concerning Fiovan law, I have no doubt that you are the best nomination that we are able to make and I would like to advise the esteemed Cunstaval to officially make the nomination to the General Assembly.
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Sir Tamorán dal Navâ
Shackamaxon man/Can you tell me where you stand?
Posts: 772
Talossan Since: 2-21-1998
Motto: Cedo nulli.
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Post by Sir Tamorán dal Navâ on Jul 6, 2012 10:04:51 GMT -6
Fine. Now to finalize my purchase of a proper judicial wig!
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