Under the circumstances pertaining to the current Legal Question, Justice Hileville has recused himself.

In accordance with Article 4.4.1 of The Charter

Quote:Justices may recuse themselves from a case, should this occur the remaining justice shall take the role of the recused Justice. Should a second Justice recuse himself the assembly should appoint an Acting Justice to temporarily fill the role of the recused justice.

An Acting Justice must be appointed by The Assembly.

I nominate Aramanchovia for Acting Justice for the remainder of the proceedings pertaining to the current Legal Question: HCLQ1513.

So, we have to appoint an acting Justice, to hear a legal question on whether or not to hold a special election for a new Justice. In the meantime, the 72 hour period where we're required to hold that special election, if it's legally required, passed a long time ago. Yet the Cabinet hasn't even started considering who to appoint, if we're allowed to appoint at all. And of course, it's likely none of this will be settled until like a week before judicial elections, when the appointed or newly elected Justice spot will be on the ballot anyways.

Am I the only one who thinks this is ridiculous?

(07-13-2015, 01:21 PM)Sandaoguo Wrote: So, we have to appoint an acting Justice, to hear a legal question on whether or not to hold a special election for a new Justice.

Yes, that is the current situation.

(07-13-2015, 01:21 PM)Sandaoguo Wrote: In the meantime, the 72 hour period where we're required to hold that special election, if it's legally required, passed a long time ago. Yet the Cabinet hasn't even started considering who to appoint, if we're allowed to appoint at all.

If the decision of the Court is in favor of elections, then it will most likely be held as soon as possible. If it is in favor of appointment, the process will be much faster.

(07-13-2015, 01:21 PM)Sandaoguo Wrote: And of course, it's likely none of this will be settled until like a week before judicial elections, when the appointed or newly elected Justice spot will be on the ballot anyways.

The elections for the High Court begin on the first, but the term starts on the fifteenth.

I didn't write the law, but we are required to follow it.

The law needs to be changed or we need to stop being so pedantically legalistic. We should not be putting ourselves into these absurd situations. The world will not end if the Cabinet appoints a Justice for a few weeks, even if the language of that clause is ambiguous. Which it isn't, if you bother to actually read it normally.

I'm just so sick of all these damn pointless elections and appointments. That's all we do now.

Sandaoguo Wrote:even if the language of that clause is ambiguous. Which it isn't, if you bother to actually read it normally.

and that is your opinion, which you are fully entitled to, but it is up to the Court to decide.

If Aram is willing to take the post of acting justice for this, then I would happily second the nomination.

I nominate Hopolis.


~Professor Henn, Hardcore Leftist, Totally not a Dinosaur

I could agree with Hop or Aram.

But, is there a way we can legislate a resolution to fix this in the short term, instead?

Tsunamy Wrote:is there a way we can legislate a resolution to fix this in the short term, instead?

From the Elections Law Amendment thread:

(07-13-2015, 03:24 PM)TAC Saxton Wrote: If an Assembly Resolution was drafted and voted on instead of arguing about semantics, the Cabinet might've been able to appoint a Justice and we might've been able to bring this to the court afterwards, preventing any of this "X/Y is wrong and Y/X is right" argument from holding things up and all the toxic nonsense that comes with it.

If Farengeto were to withdraw his Legal Question, we could still do that, but it's a gamble, because there is no guarantee it would pass.

Sorry, but I have to decline. I find this whole argument pretty silly and right now I can do without dealing with deciding on interpretations here, where the intent is pretty clear, just possibly worded ambiguously, when I have to deal with that enough at work.

I second Hopolis if she wants the position though, as I know she is very good in that role from working with her previously.