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Legal Question - CoI for Evil Wolf - Printable Version

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RE: Legal Question - CoI for Evil Wolf - Unibot - 03-29-2015

(03-28-2015, 06:50 PM)Xoriet Wrote: Questioning a right to vote in an election without being accused of such choice maligning their ability to make an informed and rational decision on a question of "Is this X or Y?" shows very little faith in your regionmates, Unibot. Or terrible bias. I'm not sure which.

The judges should be trusted to have their own minds on a question.

Given Farengeto's creation of a recent political organisation that Wolf is also a member of, I think their connections goes beyond a simple vote.  

All I know is, I've been Justice before, and I would have recused myself if I was in this position. Any ruling he makes will have the legacy of the Corrupteous Oven thing attached to it. Which we probably don't need miring a ruling about something that is already pretty tarred. 

RE: Legal Question - CoI for Evil Wolf - Wolf - 03-29-2015

(03-29-2015, 02:26 AM)Unibot Wrote: Given Farengeto's creation of a recent political organisation that Wolf is also a member of, I think their connections goes beyond a simple vote.  

All I know is, I've been Justice before, and I would have recused myself if I was in this position. Any ruling he makes will have the legacy of the Corrupteous Oven thing attached to it. Which we probably don't need miring a ruling about something that is already pretty tarred. 

Their "legacy"? It's a political group that's been around for like two weeks.

Hell I've interacted with Farengeto slightly above the scale of "barely", so to suggest he's going to go against his oath and commit the crime of Miscarriage of Justice because of me is pretty hilarious.

RE: Legal Question - CoI for Evil Wolf - Todd McCloud - 03-29-2015

Actually that's the Courageous Oven Alliance, which has some pretty challenging goals here in TSP. As it stands now it's just a verbal commitment to cease the paranoia, fix foreign affairs, the courts, etc. To my knowledge it hasn't done anything yet. But it's my opinion (especially after reading this McCarthy-esque thread) that it should.

RE: Legal Question - CoI for Evil Wolf - Tsunamy - 03-29-2015

Seriously, we all know "political parties" and/or "organizations" in this region and little more than a joke. No need to go down this road.

RE: Legal Question - CoI for Evil Wolf - TAC Saxton - 03-29-2015

True, from what I can tell, COG was probably the only well known Political Party in TSP's history and even then, it wasn't all that big.

This appears to be another one of those "grey areas" that are open to individual interpretation. Seems to me it could go either way.

RE: Legal Question - CoI for Evil Wolf - Farengeto - 03-31-2015

[Image: HCSeal.png] 


HCLQ1508
- 30.03.15 -
Petitioner
Unibot

Presiding Justices
Awe, Farengeto, Hopolis

Non-Presiding Justice
Apad

It's come to my attention that the candidate, "Evil Wolf" did not declare a full Conflict of Interests Disclosure.


Here is Evil Wolf's Conflict of Interest Disclosure:

[Image: cRsdQNH.png]

Quote:9. Conflict of Interest Disclosures must include current World Assembly Nation, all past and present aliases used, all past and present involvement in other regions and organizations, and all current positions held across NationStates.

A Conflict of Interest Disclosure must include all past and present involvement in other organisations, not simply regions. Evil Wolf notes he was a 'warlord' in The East Pacific, but not disclose his explicit membership in The Empire or any organisations for that matter (I'm sure there are others). This has consequences for voters because some voters may not have been aware he was a past member of The Empire because the CoI never explictly said he was, nor disclosed his past involvement in organisations.

Evil Wolf noted that his alias was 'Condition 13' but did not disclose that he was a past member of The Empire - Condition 13, of course, was his codename in The Empire. 

My question for the court is: does the failure of an improper filing of a Conflict of Interest Disclosure invalidate Evil Wolf's candidacy? And if so, how should this be resolved? Is the election to be restarted, or is Glen-Rhodes, the victor of the election by default? 


I would note the precedent of the November 2014 General Elections set when [url=http://thesouthpacific.x10.mx/thread-1292-post-33558.html#pid33558][/url]EC Gustave Berr removed both Henn and TUSR from running because of TUSR's incomplete CoI.


Majority Opinion
Awe, Farengeto


After deliberations, it is the majority opinion of this court that the Conflict of Interest declaration of Wolf should be considered as accurate and complete for the purposes of the March 2014 Cabinet Elections.

The dispute arises from the membership of Wolf in the former "Empire of the East Pacific" of 2008, and:
  • Does membership in the former Empire of the East Pacific qualify as membership of the present day organization known as the Empire, and did the Empire of the East Pacific qualify as an organization?
  • Can membership in the Empire of the East Pacific be listed as membership in the East Pacific?
It is the opinion of this court that the government known as the Empire of the East Pacific and organization known as The Empire that emerged later are to be treated as separate entities for the purposes of Conflict of Interest declarations.


For the purposes of a Conflict of Interest Declaration it is the opinion of the name of the region may be used in reference to either the de facto government of the region (i.e. a government lead by the executive WA), or to any government(s)-in-exile of the region that have been recognized by the Coalition of the South Pacific.

Legal Question - CoI for Evil Wolf - sandaoguo - 03-31-2015

I noticed that the non-presiding Justice is listed as "N/A." I believe Apad would be the non-presiding Justice, per his election as temporary Justice to resolve issues with quorum.

RE: Legal Question - CoI for Evil Wolf - Unibot - 03-31-2015

How long do I have to lodge an appeal, Justice Farengeto?

RE: Legal Question - CoI for Evil Wolf - Farengeto - 03-31-2015

To appeal the decision of a legal question an interested party must file notice with the non-presiding justice within fourteen (14) days of the High Court ruling. The notice must include the objections to the ruling and justification for why the appeal should be heard, with reference to the relevant sections of the Charter and Code of Laws.

RE: Legal Question - CoI for Evil Wolf - Unibot - 03-31-2015

Thank you Chief Farengeto.