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***Kris Kringle*** · 08-27-2015, 01:29 AM

"Judicial reform is indeed on the cards, possibly electoral reform and the local council as well."
Interview with Awe - Part 1

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Awe is currently the Deputy Chair of the Assembly

Awe -short for Awesomiasa- is the Deputy Chair of the Assembly. Having become active in the South Pacific in April 2013, he has since served as Minister of Foreign Affairs, Minister of Regional Affairs and Justice of the High Court. He is also active in Treasure Island, where his nation is a member of the Southern Cooperation Organisation and the Western Alliance. He recently agreed to talk with the Southern Journal, in a two-part interview that will explore his thoughts on the current state of the region and what can be done to constantly improve. He discusses recent events at the High Court, plans for judicial and electoral reform, his experience in the roleplay arena and the dangers of one group believing it should always be in control of the government.

Thanks for joining us this morning, Awe.

Hello, thanks for having me here Kringle.

Our average newcomer might not that all that familiar with your name, but you have been involved in the South Pacific for a while now, and have seen it change throughout the years.

Indeed. While I cannot remember exactly when I got involved in TSP's off-site government, I recall it was shortly before the elections and Milo's coup. More specifically, 2 GCs [Great Councils] prior.

I would like to begin by discussing a topic that was the source of much controversy a few weeks ago, the High Court. Some say it has recently become more dismissive of proper procedure, others say that it was never an effective branch of government. Do you think the Court is in good shape?

As a former Justice, I would agree that the manner in which the Court handled the appeals process and the resulting aftermath of the Legal Question that you had submitted was disheartening and deviant from proper procedure. The Court is regarded as the authority to interpret and enforce the law. However, this would definitely not be the case when sitting Justices brazenly run afoul of procedures.

In terms of being an effective branch of government, however, it still has a long way to go. I am happy that under the term of former Chief Justice Farengeto, the other Justices and I have codified a set of Rules and Procedures for the High Court. In particular, the section on the Principles of the High Court and its Justices would be something I will defend that must always be upheld. Unfortunately, the Court under former Chief Justice TAC had failed in that aspect. In the long term, I do believe that the Court does have the ability to become a respectable branch of government, but it is only with competent Justices, well-versed in TSP's laws and legal processes, and the support of the community to desire for a independent, sovereign judiciary that this can be made possible. I will acknowledge at this point in time that the previous attempt at reform of the High Court with regards to the High Court Charter has failed, mainly because it was non-consultative and perhaps controversial, but I do believe that further reforms that will be undertaken by CoA Farengeto, in conjunction with current Justices will take a more consultative approach.

With regards to whether the Court is in good shape, I must say that I lack confidence in the current bench of Justices, whom have shown that they are rather incapable of adhering to the laws and rules that they are supposed to uphold. Of course, part of this lies in the fact that our Justices are popularly elected at present, rather than elected based upon their judicial expertise, which only led to campaign slogans for 'a shiny new gavel', obviously only fulfilling the popularity aspect, while lacking judicial expertise.

You raise an interesting point. I assume from the above that you believe the current environment in the region is not conductive towards an unbiased legal profession. What kind of changes, both in terms of our laws and our mindset as a region, do you think are necessary to improve the state of our judiciary?

This is where I suppose perhaps that we can take a leaf out of the book of other regions, and perhaps publish a series of essays or commentaries from various respected individuals in the region that could help shape the foundations for the judiciary, given that the judiciary's functions have only been expanded not too long ago with the addition of the power to answer Legal Questions. With little materials and past cases to refer to, I suppose it may be viable idea to use these essays or past cases in other regions as a point of reference, albeit factoring in the differences between respective judicial systems. Furthermore, it is rather unfortunate that my plans for a judicial academy of some description did not come to fruition, given that it would possibly make a good breeding ground to build up on the legal expertise of the judiciary and other legal professionals.

With regards to the region, I'd reiterate the need to respect the independence of the judiciary, to accept that the judiciary will rule on the legal basis of what is set out in law, albeit I'd admit that Justices, myself included, have failed in this aspect on some occasions. That is to say that, one should not expect the judiciary to rule in one's favour, and respect the decision of the judiciary, as is outlined in the section on Principles in the Rules and Procedures.

What would your idea for a judicial academy have involved?

A few prominent TSPers in the legal field would perhaps need to draft articles and commentaries that will help shape the foundations of the judiciary, given that TSP's judiciary had only expanded its powers not too long ago with Legal Questions, thus we'd have little in terms of legal basis and precedent to follow. Perhaps we'd need 'lecturers' as well, on common judicial principles like reasonable doubt and the rule of law. People who graduate from the academy shall be admitted to a TSP Bar Association, which certifies their legal expertise. The Bar Association shall be where TSPers implicated in a criminal case can seek legal representation from, that is to say, legal professionals must be certified by the Bar Association. The Bar Association might also serve as a sort of ethics and accountability committee, serving a similar function to the General Corps in the SPSF. There will be 3 classes of graduates from the Bar Association: Paralegals: normal people; Barristers: Lawyers/attorneys; and Judges. Nothing about the Bar Association and the Judicial Academy is set in stone yet, but I want to know what the community thinks.

You served as Justice under the Farengeto Court. How would you describe the interactions between Justices, when considering legal questions?

I'd say that we had similar opinions most of the time, otherwise the Justices managed to convince each other to lean towards a certain opinion. I drafted most of the judgement texts, seeing that the other Justices were busy. Unfortunately, this includes the infamous Apologies case, where I had to help draft the initial judgement as well as the resulting appeal as a result of the Justices not being available, which was regrettable as it did not follow procedures, although Farengeto approved it. The resulting appeal, however, was obviously a mistake on my part as I did not bother to run the text past my fellow Justices, as I would normally have done, which resulted in some backlash even from the Chief Justice.

You handled the appeal to a ruling you had drafted?

Yes, through basically summarising the opinions of my fellow Justices, in no way was I directly involved in the case until that point. On hindsight, this was probably not the best decision. Given the recent controversy surrounding Apad, I suppose I will have to submit myself for public scrutiny as well. Should any individual wish to level charges of Miscarriage of Justice against me, they should be within their rights to do so, and I will attend to any proceedings that may follow.

Do you feel this affects your position to be criticising Apad, or does the experience reinforce your authority on the matter?

I think the experience reinforces my authority, Kris. I know some might think of this as being hypocritical, but at the same time, it is through past mistakes that we improve and have foresight for the future. I do regret what was done, but it was perhaps a necessity considering the circumstances at that time, as well as the need as enshrined in law for 'a timely response'. Still, I’d like to reiterate my point that I submit myself for public and judicial scrutiny, should any individual wish to level charges against me.

What do you think differentiates your experience from what Apad did?

I'm obviously not entirely clear of the circumstances under which Apad became involved, nor the extent to which he was involved. However, on my end, I can say that I only was involved in drafting the text for the judgement. At no point in time was I involved in forming an opinion towards the issue, that being the work of my colleagues.

All four Justices in the current Court are entirely new to it. Do you have any advice for them?

In terms of advice, I'd say read and understand the High Courts rules and procedures, and do not run afoul of it, as some of them have already done, whether intentionally or otherwise. There is zero tolerance for hijinks, games and politics in such an important institution, and I hope they know better and do nothing that may dishonour the sanctity of the institution. If I am being critical of the Justices, it is because that is how it is. As Justices, we live by the rules, and we should also defend them to the death, and I hope they'd understand and appreciate this.

I now want to move on to your tenure as Deputy Chair of the Assembly. You have been incredibly active in that position, as opposed to former Deputy Chairs.

Indeed, I'm just helping Farengeto tie up loose ends. But I'll not be as active in the months ahead, unfortunately, due to RL commitments. I have offered to resign the position, however, Farengeto had rejected my resignation, so I might still pop by from time to time. Especially with regards to the reform of the Charter and Judiciary, which I am immensely passionate about.

What kind of relationship do you have with Farengeto? Do you just manage votes in his absence, or do you also discuss with him issues on the legislative agenda?

Both actually. I had advised him to lock threads that were getting heated previously. We have also began discussions upon Charter and Judicial reform, although I'd say that we haven’t made much progress in that aspect. Moving forward, I'd want to assist him in completing these reforms, as it'd bring substantial change to the TSP community.

In a recent issue, SPINN suggested that a Great Council might be held soon, and then described the various topics that might be on the agenda. How accurate was it?

We've actually considered a Great Council, but decided against it, as we did not want the issues of the GC to dominate this term of the Assembly. However, I can confirm that judicial reform is indeed on the cards, possibly electoral reform and the local council as well. Although I must point out that I do not think issues with the forum administration will be appropriate to discuss as part of a GC. Still, being in-charge of a institution with long standing democratic traditions, I believe that neither Farengeto nor I will seek to prevent the occurrence of a session of the Great Council should it be the will of members of the community.

Have there been any inner discussions on what those reforms could look like?

Not at this time. At least, not for the other reform efforts, other than judicial reform. I have also conveyed the ideas to Feirmont, who is supportive of them.

Part 2 of this interview will be published on Friday. In it Awe will describe his experiences as part of the roleplay community and his thoughts on what the South Pacific can do to be a successful region.

Disclaimer: Southern Journal does not necessarily share the views or opinions, nor endorse the actions or suggestions, contained or otherwise described in this interview.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

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