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Appointment of an Acting Justice
#1

As two current Court Justices have stated their intentions to recuse themselves from the criminal cases filed by Belschaft, as per Article 4.5.1 the assembly is required to appoint an Acting Justice to assist in resolving this matter. Acting Justices are expected to fufill all duties of a Justice in regards to the cases in question, and must not possess a CoI on these matters.
#2

For the record, could we be informed of their reasons to recuse themselves? I am aware of no relevant CoI for either Awe or Aram.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

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#3

I am willing to do it if the Assembly finds me acceptable.
#4

I question Sopo's suitability given Belschaft has recently withdrew his case against the only non-defender-leaning defendant; meaning this case is very much, Belschaft targeting defenders and Europeia stands to gain from a lawsuit knocking Cormac Stark, Unibot, Glen-Rhodes and Escade all at the same time. CS is recently PNG in Europeia, and Glen-Rhodes and I are commonly regarded as a defender-wing of TSP which put a wrench in UIAF-TSP relations.

I also in general would just like to criticise the decision of those justices to recuse themselves - this recusual has put the most politicalised court case in the history of TSP, into the hands of the Assembly, where two deciding justices will be picked by a deliberative political body which includes the defendants and the plaintiff and each of their political allies. It suggests that something is very wrong in the way in which our recusal system works because it opens our court cases up to open politicisation.
#5

(02-10-2015, 04:26 PM)Unibot Wrote: I also in general would just like to criticise the decision of those justices to recuse themselves

So Justices who feel they can't be adequately objective or who feel their participation could endanger a case, should just ignore that and participate?

I would argue our Justices are being responsible, by acknowledging their shortcomings and seeking to benefit the Court. There is nothing to criticize here, and much to commend.
Former Delegate of the South Pacific
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#6

I don't believe my other regional affiliations will have any impact on my ability to be impartial. I have no personal grudges against the plaintiff or the defendants, and political matters are not a consideration during trials. At this point, I will refrain from commenting further. I'm simply putting my name forward as a willing option. The Assembly is free to choose someone else if they do not consider me suitable.
#7

(02-10-2015, 04:26 PM)Unibot Wrote: I question Sopo's suitability given Belschaft has recently withdrew his case against the only non-defender-leaning defendant; meaning this case is very much, Belschaft targeting defenders and  Europeia stands to gain from a lawsuit knocking Cormac Stark, Unibot, Glen-Rhodes and Escade all at the same time.  CS is recently PNG in Europeia, and Glen-Rhodes and I are commonly regarded as a defender-wing of TSP which put a wrench in UIAF-TSP relations.

I also in general would just like to criticise the decision of those justices to recuse themselves - this recusual has put the most politicalised court case in the history of TSP, into the hands of the Assembly, where two deciding justices will be picked by a deliberative political body which includes the defendants and the plaintiff and each of their political allies. It suggests that something is very wrong in the way in which our recusal system works because it opens our court cases up to open politicisation.
Firstly, it is ONE acting Justice. One of three presiding justices in this case, not even a majority vote. Is is a perfect system? No. But it is the law amd I do not intend to be attacked for the one time our court is doing its job the way it's supposed to. If our Justices believe they have a CoI or cannot judge the ruling fairly then I both respect and encourage them to do the right thing and recuse themselves. I trust the assembly to make a reasonable choice here.

Secondly, I couldn't care less about this R/D "debate". I will not halt the legal system because one side claims to be the victim. Maybe there is a defender bias in the accused or maybe there isn't, but if a crime has been committed intend to serve Justice fairly with no regards to ideology.
#8

Your honour, the allegation of "defender bias" in my decision to press charges against the named parties is utterly ridiculous. The fact is that Cormac Stark provided inaccurate information to the region and the other parties, unlike Kringalia, went well beyond this information in propagating defamatory accusations. Due to the fact that Kringalia remained broadly within the scope of Cormac Starks allegations, and has shown no malicious intent in doing so, I determined that prosecution was not warranted. All false statements made by Kringalia stem entirely from Cormac Starks deception, without defamatory embellishment.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

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#9

Were not in court guys, so keep your lies and blabbering out of this. We need to appoint an acting justice, not blame each other or to criticise the Justices. Any suggestions anyone?
Europeian Ambassador to The South Pacific
Former Local Council Member
Former Minister of Regional Affairs
Former High Court Justice
#10

I suggest Henn. As far as I know, he has not been involved in this discussion yet (the large one, not this individual one).
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