| Legal Question: Recall Discussion |
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The question I would like to ask the remaining Justice is, as follows:
Given this clause of the Code of Laws, 2. Discussions on a recall motion will occur for at least three days. Does the following clause of the Code of Laws require that recall votes cannot occur without three days of discussion first? Or would it be possible for a discussion on a recall remain open for at least three days, simultaneously with a recall vote?
In light of the current circumstances, I will answer the question once Chief Justice Belschaft and Justice God-Emporer respectfully recuse themselves.
United States of Kalukmangala
Former High Court Justice
Generally those discussions are held in private, but obvious recusal (?) is obvious.
The Third Imperium
Journalist, South Pacific Independent News Network (SPINN) Provost, Magisterium Sergeant, East Pacific Sovereign Army Journalist, East Pacific News Service Foreign Affairs Minister, The West Pacific
Indeed. There's a fairly clear CoI here.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
HCLQ1406
- 23.10.14- Petitioner Unibot Presiding Justice Gustave Berr Associate Justices Belschaft (recused), God-Emporer (recused) ”Given this clause of the Code of Laws,
2. Discussions on a recall motion will occur for at least three days. Does the following clause of the Code of Laws require that recall votes cannot occur without three days of discussion first? Or would it be possible for a discussion on a recall remain open for at least three days, simultaneously with a recall vote? " The High Court, after considering the question submitted to it by Unibot regarding recall procedures, has reached the decision that recall motions must be discussed for at least three days before being placed to a vote. The recall of any elected official is a matter of the utmost seriousness and shouldn't be taken lightly or hastily handled, regardless of the circumstances. There must be an opportunity for any and all interested parties to participate in the discussion, as well as ample time for the elected official to give any rebuttal to the motion. If discussions and a vote were occurring simultaneously, the discussions could be considered moot as there would have not been ample time to discuss the motion, itself, prior to the vote.
United States of Kalukmangala
Former High Court Justice
Thank you, Justice Berr for your swift and fair response.
A reasoned and well balanced response. I thank the Justice for his performance during these circumstances.
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. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
I am lucky to serve the great people of this great region.
United States of Kalukmangala
Former High Court Justice |
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