Dame Litz Cjantscheir, UrN
Puisne Justice; Chancellor of the Royal Talossan Bar; Cunstaval to Florencia
Dame & Former Seneschal
Posts: 1,157
Talossan Since: 4-5-2010
Dame Since: 9-8-2012
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Post by Dame Litz Cjantscheir, UrN on Jun 11, 2017 4:25:10 GMT -6
The Uppermost Cort
Petition for Writ of Mandamus
Dame Litz Cjantscheir, UrN, ChRTB, LL.M (Applicant)
VS
HM Chancery, The Secretary of State, S:reu Marti-Pair Furxheir (Respondent)
I, the undersigned, do hereby petition this august Cort for a urgent and immediate Writ of Mandamus against His Majesty's Secretary of State (SoS) and his office HM Chancery, commanding the SoS and his office to immediately conduct the Referendums outlined in 50PD04 and 50PD05, to issue ballots of said referendums and to comply with all provisions set lawfully out in the aforementioned PDs. The LawMidterm Referendum Amendments PD (50PD05) - talossa.proboards.com/post/152128/thread
The 50th Cosa Midterm Referendum Prime Dictate (50PD04) - talossa.proboards.com/post/151789/thread
The Facts
- A.2 of 50PD05 states "The referendum will take place from June 8th, 2017 at 12 PM TST (Balloting Day) to June 21st, 2017 at 7 PM TST (Referendum Deadline)."
- B.1 of 50PD05 states "The referendum is conducted by the Chancery; a ballot containing the questions will thus be sent out via email by the Secretary of State as it would be in a General Election."
- As of the time of the filing of this petition with the Uppermost Cort, ca. 05:30 TST on the 11th June 2017, no referendum has been conducted by the SoS of the Chancery in accordance with A.2 or B.1 of 50PD05, no ballots have been issued to any citizen nor any facilities established for citizens to cast their votes.
- Approx. 65 hours (as of the time of filing) has elapsed since the Chancery was lawfully obligated under 50PD04 & 50PD05 to conduct the referendum and to date the Chancery has not offered any lawful reason as to why it has failed to comply with the aforementioned PDs.
- The Chancery and the SoS have failed to comply with any and all provision(s) of 50PD04 and/or 50PD05 under which is has a statutory obligation to comply.
- No public declaration has been issued by the SoS, his agents or HM Chancery to explain the reasons for the delay or outlining alternative arrangements regarding the referendum. No has the SoS taken measures to appoint a deputy to conduct the referendum or any proactive measures to ensure the referendum is conducted.
- Referendums are a essential part of a functioning democracy and of Talossa, the failure by any state body to conduct a referendum in accordance with the law represents a direct assault on this nation and her citizenry in denying them the most powerful instrument they have, their vote.
Relief SoughtThat this august Cort: - That this Cort issue a Writ of Alternative Mandamus commanding the Respondent either to immediately comply with all provisions of 50PD04 and 50PD05 or to immediately appear before this Cort to show cause for not performing same. With leave to file for a Peremptory Mandamus and/or Continuing Mandamus if apt AND/OR
- If the Respondent fails to comply with A and/or if more than 100 hours have elapsed since 12:00 on the 8th June, make orders quashing 50PD04 and 50PD05, as the Respondent has failed to fulfill his statutory obligations under said PDs and the referendum cannot be conducted in a manner that is Fair, Organic and, Lawful. AND
- A fine against the respondent at the Cort's discretion and/or other punitive action against the Chancery for its gross misconduct and dereliction of its Statutory obligations, which can't get more important than a referendum/election.
Presented before the Justices of this august Cort, this day the 11th of June in the Year of Our Lord 2017, Dame Litz Cjantscheir, UrN
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Post by Marti-Pair Furxheir S.H. on Jun 11, 2017 4:46:24 GMT -6
I would like to ask for an immediate dismissal, as I have been informing the Prime-Minister of my current situation and keeping him up to date on what is happening in my life.
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Dame Litz Cjantscheir, UrN
Puisne Justice; Chancellor of the Royal Talossan Bar; Cunstaval to Florencia
Dame & Former Seneschal
Posts: 1,157
Talossan Since: 4-5-2010
Dame Since: 9-8-2012
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Post by Dame Litz Cjantscheir, UrN on Jun 11, 2017 5:07:10 GMT -6
I would like to ask for an immediate dismissal, as I have been informing the Prime-Minister of my current situation and keeping him up to date on what is happening in my life. My Lord Justices, The keeping of the Prime Minister or any Government official updated about one's situation does not exempt that person from complying with his statutory obligations nor is it an acceptable precedent that referendums/elections are delayed or not conducted in accordance with the law. There is no lawful reason as to why The Chancery has not conducted the elections and its failure to do so is a massive attack on the democratic process of this nation nor does the Government have the power to exempt the Chancery from fulfilling its lawful obligations. The Chancery is lawfully obliged under 50PD04/05 to conduct a referendum, to which the respondent received ample notice and has had over 65 hours since the 8th June to appoint a Deputy to conduct the referendum should he be for whatever reason unavailable. The reliance of this nation on one person to decide if and when Talossans go to the ballot box is unacceptable. Citizens have a organically enshrined right to vote in referendums and elections and that right is currently being denied. This Cort cannot allow such an assault on organically enshrined rights to stand. Therefore, I urge this Cort to grant this petition and restore the proper function the instrument essential to the democratic nature of our nation, the ability for citizens to vote.
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Post by Marti-Pair Furxheir S.H. on Jun 11, 2017 5:36:47 GMT -6
I would like to ask for an immediate dismissal, as I have been informing the Prime-Minister of my current situation and keeping him up to date on what is happening in my life. My Lord Justices, The keeping of the Prime Minister or any Government official updated about one's situation does not exempt that person from complying with his statutory obligations nor is it an acceptable precedent that referendums/elections are delayed or not conducted in accordance with the law. There is no lawful reason as to why The Chancery has not conducted the elections and its failure to do so is a massive attack on the democratic process of this nation nor does the Government have the power to exempt the Chancery from fulfilling its lawful obligations. The Chancery is lawfully obliged under 50PD04/05 to conduct a referendum, to which the respondent received ample notice and has had over 65 hours since the 8th June to appoint a Deputy to conduct the referendum should he be for whatever reason unavailable. The reliance of this nation on one person to decide if and when Talossans go to the ballot box is unacceptable. Citizens have a organically enshrined right to vote in referendums and elections and that right is currently being denied. This Cort cannot allow such an assault on organically enshrined rights to stand. Therefore, I urge this Cort to grant this petition and restore the proper function the instrument essential to the democratic nature of our nation, the ability for citizens to vote. A few notes: 1 ) There has never been a mid-election referendum conducted before 2 ) There has never been a mid-election referendum conducted with a secret ballot 3 ) The only way to make a secret ballot election which follows the law is to use my database 4 ) My database was not meant to conduct mid-election referendums 5 ) I tried to make my database suitable to conduct mid-election referendums 6 ) but I was only informed officially near the end of May, where I quickly began work 7 ) I am in a position where I can't delegate the referendum to anyone, because of the secret ballot act, which makes is impossible to conduct the referendum without me modifying my code, which means I am stuck forcing to do the referendum, even if otherwise, I might have asked someone else to do it. 8 ) Life occurred and put itself in the way so being able to complete the work. For example, I am CURRENTLY working, on a Sunday morning, on a period of time I would have been able to work on the database 9 ) I informed the prime-minister of all of this, and he said not to worry, at worst, we could do it next month. He also knows the real reason why I am so busy, a reason I do not wish to share publicly, since it is of a personal nature. The PM knows, as I feel he should know, and he understands. 10 ) This job of Secretary of State is an unpaid job done of our love of doing it. I have been doing it for a very long time without problems. I am also the longest serving Secretary of State who wasn't reward by the King. Not complaining, but the fact remains that it is a thankless job. 11 ) The last 2 weeks have been the most horrible gut wreching, sleep deprivating, stress inducing, nightmare causing 2 weeks of my life since 2005. What happened in 2005? I got PTSD after my best friend killed himself. This time, no one died, but if something doesn't change soon, I will consider current events to be worse than 2005. So, what do you think will happend with your suit? What do you hope to achieve? What is your end-goal???
Will you be able to make me no concentrate on what is happening in my daily life which is a disaster for my family and thus force me to do the referendum? Will you be able to remove me? Guess what, find someone able to do the referendum, and I will name that someone my deputy and put him in charge of it. Do YOU want to do it? Email a PSC to every citizen, and then, email them, get their vote, and let the EC review the votes? Do you? If so, the job is YOURS. But you can't use the DB. It doesn't support it at this point. The election is easy to run, adjusting for mid-term referendum, that's hours of coding. Do you want me to get a mention on my record? Guess what, I will ALWAYS be the guy who took down the DB in 2004 in the King's mind. I am the only SoS to ever serve for 4 cosa and NOT get Per La Naziun from King John. Why do you think that is??? When King Ben wanted the database back, and sent someone to negociate with me and that someone is now King John. So, what do you want???
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Lüc da Schir
Senator for Benito
If Italy wins a Six Nations match I will join the Zouaves
Posts: 4,125
Talossan Since: 3-21-2012
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Post by Lüc da Schir on Jun 11, 2017 7:43:06 GMT -6
Your Lordships, could I briefly inquire about my standing in this case? I do believe - as I am involved in the situation - that there could be a few points I could help to set straight, but I will not speak further unless instructed to.
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Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Jun 11, 2017 9:22:45 GMT -6
I'll take this. The Prime Minister is a party to this case so far as I can see, given one item of requested relief relates to his actions in office. S:reu da Schir, could you clarify what needs clarifying for the Cort as to the ongoing situation?
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Post by Avocat-Xheneral on Jun 11, 2017 10:00:26 GMT -6
My Lord Justice,
Although I appreciate the need to address this issue immediately, as Attorney General of the Kingdom of Talossa, I fully intend to defend the Government in this matter. To that end, please instruct the petitioner that all correspondence must go through my office and that she is not to contact any defendant in this case about this matter without informing the Ministry of Justice first.
Further, the petition only lists the Secretary of State and not the Prime Minister as a defendant. Can you please clarify if the Cort is, on its own initiative, joining the Prime Minister as a party? Included in that clarity, can you please cite to any specific statute or procedural rule that permits the Cort to join parties in a suit on its own initiative, or if the Cort is borrowing rules from another jurisdiction? Finally, I do wish to point out that, with all due respect, the Cort acted inappropriately in joining the Prime Minister without affording the Attorney General time to address the issue. I formally request that you rescind naming the Prime Minister as a defendant until such time as we can resolve this particular issue.
Finally, I would like to request that this Cort instruct all parties who are not authorized to speak in this forum to cease doing so immediately.
Yours Truly,
/s/
Viteu Marcianüs Avocat-Xheneral The Kingdom of Talossa
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Post by Avocat-Xheneral on Jun 11, 2017 12:13:13 GMT -6
Ministry of Justice Office of the Attorney General
To the Clerk of the Cort and the Esteemed Justices of the Uppermost Cort of the Kingdom of Talossa: The Attorney General, acting as counsel to the Government of the Kingdom of Talossa, hereby files the attached Memorandum in Opposition to Petitioner's Motion for a Writ of Mandamus. Cjantscheir v Furxheir - Respondents Petiti....pdf (457.2 KB) Respectfully submitted, Viteu Marcianüs Attorney General to the Kingdom of Talossa
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Post by Avocat-Xheneral on Jun 11, 2017 13:31:47 GMT -6
(Sidebar: After rereading the memo, I noticed some typos. Please excuse them. I wanted to get it out right away because of how pressing time is, but I'm also in the middle of bar prep, so editing was not my top priority. I beg the Cort's understanding.)
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Dame Litz Cjantscheir, UrN
Puisne Justice; Chancellor of the Royal Talossan Bar; Cunstaval to Florencia
Dame & Former Seneschal
Posts: 1,157
Talossan Since: 4-5-2010
Dame Since: 9-8-2012
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Post by Dame Litz Cjantscheir, UrN on Jun 12, 2017 16:18:03 GMT -6
I'll take this. The Prime Minister is a party to this case so far as I can see, given one item of requested relief relates to his actions in office. S:reu da Schir, could you clarify what needs clarifying for the Cort as to the ongoing situation? The applicant strongly objects to the inclusion of the Prime Minister/HM Government as a party to this case and echoes the Avocat-Xheneral in that no such motion to join a party has been made before this Cort. The applicant further believes, that even if the applicant's petition was successfully proven, this Cort can offer no legal remedy against HM Government/Prime Minister. HM Government & The Prime Minister have no involvement in the running and/or administration of the referendum which this petition is centred on, therefore this Cort will not be in a position to grant/order any relief to the applicant to be undertaken by HM Government/Prime Minister nor can the applicant to state a valid claim. The applicant also wishes to pose to the Cort, the question asked by the Avocat-Xheneral, namely, "can you please cite to any specific statute or procedural rule that permits the Cort to join parties in a suit on its own initiative". If this Cort has acted suo motu/sua sponte, to join HM Government/The Prime Minister to this action, the applicant wishes to give notice that I wish to file a Motion to Dismiss charges against HM Government/The Prime Minister on the grounds of the applicant's failure to state a claim on which relief can be granted. The applicant has no objection to HM Government filing an amicus curiae brief.
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