Magistrate's Court defunct

[Magniloqueu Épiqeu da Lhiun]

Walking over to several of my fourteen seats which I have designed to function as a second residence:
- a seat for spare clothings
- a seat where my laptop rests, when it's not needed;
- a seat for my various charging units
- a seat for my multiple calligraphy and writing tools
- a seat for my papers
- a seat for my textbooks in school
- a seat four seats and the floor under every seat for my books about linguistics
- a seat for my books about recipes
- a seat for my books about legislature
there they finally are, my books about legislature!
Under constant murmur, I quickly scan through the books.

Eureka! Shutting the book close, I shout, looking apologetically at the Túischac'h:
Estimat Túischac'h, ¡perditz va fhaçiun propi exploçatiu!, mas această facendă exient'st.

FELLOW MEMBERS OF THE COSA, hearken! According to the opinion delivered in the Uppermost Court's petition of Cjantscheir some time ago, the Magistrate's Court is halted if not composed of three magistrates. It is not, since Magistrate Prevuost has renounced his citizenship.
This means that we need to nominate someone to sit in the Magistrate's Court and I call upon the esteemed Túischac'h Sir C. M. Siervicül to initiate a discussion/nomination phase.

[Sir Alexandreu Davinescu]

Sharp eye from this colleague! Thank you for pointing this out!

[Owen Edwards]

I presume you mean the injunction on 12-02? Injunctions don't create precedents, and so the Magistracy need not cease business - and in point of fact, the UC injunction of 12th September 2012 contradicted (without any reasoning offered or indeed any legal opinion offered, contrary to the Organic Law's statement on precedents) the judgement rendered by the Magistrates' Cort on the 7th September 2012 in 12-01.a Injunction.

EDIT - Apologies, clicked on this from the main page, didn't realise it was in Chambers - I hope the esteemed Tuischach will forgive me!

[Magniloqueu Épiqeu da Lhiun]

Sir C. M. Siervicül, will you respond?

[Sir C. M. Siervicül]

Any member of the Ziu may nominate a candidate to fill a judicial vacancy, but the nominee will require a two-thirds vote in the Cosa and a majority vote in the Senäts (as well as appointment by the King) to take office. So it is in everyone's interest to see if we can arrive at a consensus through discussion and avoid dueling nominees.

Neither the King, the SoS, nor the Seneschal may serve as a magistrate. With those restrictions in mind, does any member of this body have a name to offer for discussion?

[Dr. Txec dal Nordselvă]

I like the idea of putting forward Alexandreu Davinescu. He has been very active in the courts recently and has written some excellent briefs.

[C. Carlüs Xheraltescù]

Would the esteemed Tuischac'h himself consider accepting a nomination?

[Dr. Txec dal Nordselvă]

I also like the idea of Sir Cresti serving on the bench once again as well.

[Lüc da Schir]

Yes, I'd like to propose Sir Cresti, and if he does not accept, maybe a new citizen like S:reu da Lhiun?

[Capt. Sir Mick Preston]

Feb 5, 2014 16:22:01 GMT -6 Lüc da Schir said:

Yes, I'd like to propose Sir Cresti, and if he does not accept, maybe a new citizen like S:reu da Lhiun?

I would suggest that it be a Citizen who has passed the Bar Exam, or is already an Attorney be a requireemt.

[Magniloqueu Épiqeu da Lhiun]

Feb 5, 2014 16:22:01 GMT -6 Lüc da Schir said:

Yes, I'd like to propose Sir Cresti, and if he does not accept, maybe a new citizen like S:reu da Lhiun?

M:sr da Schir, I do feel flattered, but I must agree with Senator Preston's view that it should be someone who passed the exam in the RTB.
Also, I know not nearly as much about Anglo-American law traditions as a magistrate should.

S:reu Davinescu, as well as S:reu Siervicül, seem fit for the appointment, in my humble opinion.
The only question is whether one of these individuals would accept a nomination?

[Sir C. M. Siervicül]

While justices of the Uppermost Cort are prohibited from serving in the Ziu, the same prohibition does not apply to magistrates. Still, I think it would be preferable, if possible, to find a candidate who is not a member of the Ziu. I would not refuse an appointment to the Magistracy if approved by the Ziu and appointed by His Majesty, but I do not seek the position, and would prefer not to leave the Cosa.

Another consideration is the possibility of an upcoming trial for ESB. We would be wise to consider a nominee who could impartially preside over such a trial: someone who has not publicly expressed strong opinions on the case and has no conflict of interest. I have a conflict of interest in that matter, and so may be a less-than-ideal candidate for that reason as well.

[Antaglha Xhenerös Somelieir]

Might I inquire on your last post Sir Siervicul? Particularly the last point on the possibility of an ESB trial, would the magistrate who (if there is a cort case) presides over the case not have to send it to the Uppermost Corts, therefore this should not be much of a problem?

[Magniloqueu Épiqeu da Lhiun]

Why should they send it to the Court, except for the sentence of expulsion?

[Sir C. M. Siervicül]

Yes, sentences imposing termination of citizenship must be approved by the Uppermost Cort, but aside from that, my opinion is that the law creating the Magistracy intended that trials would occur at the magistrate level and the UC would focus on appeals. That way every conviction or final judgment would have the opportunity for appellate review.