Sopo for Justice
Justice is not just for some of us

I find campaigning for these sorts of positions to be very odd, so I'm going to keep the platform brief in favor of questions and answers.

Experience: I've read the laws, I've paid close attention to legal questions and subsequent rulings, I've been a member of the Assembly for the past ~5 months, and I've previously served in legal/judicial positions in other regions. My experience in this area is not vast, but I am confident that I have the skills to get the job done.

Philosophy: Discontent has surrounded the role of the Court in recent days. As a justice, I would do my best to make sure legal questions and cases are dealt with promptly and fairly. Because our laws are ambiguous or even non-existent on certain topics, it is important that we deal with these issues thoughtfully, keeping our community in mind first and foremost. I will strive to be impartial and open-minded.

The Competition: All of my opponents are competent individuals who will put TSP first on the Courts. I would be honored to be among them.

I will now answer any questions you may have, and I assume there will be plenty.

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How would you define "fairly"?

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

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The Court system in TSP has been at the crux of several controversies, not limited to the current term, but stemming back to 2013 when judicial reform was proposed several times. These former judicial reform attempts were largely a failure and so we still are struggling to establish, as a region, what the role of the Courts in TSP should be.

1. What do you think the role of the Courts in TSP should be?

a. If, ideally, the courts should balance the powers afforded to the Assembly and Cabinet – do you agree or disagree – how can the Courts establish their role in a three branch system? What specific domains of power and responsibility should be under the jurisdiction of the courts? It seems that many issues fall to the Assembly that could also fall to the courts area of power? How can checks and balances be maintained?

b. On the other hand many regions, outside of TSP including major GCRs, have argued that the Courts in NS cannot operate as they do in real life and that most such attempts to correlate the NS court system with RL systems has resulted in failure. What do you think about this assertion made by prominent NSers? What then should the role of the courts be?

2. What kind of behavior is acceptable for a court justice? From the outgoing justices, one has allegedly shared IRC log conversations with one group of people with their political opposition during the recent elections, is that kind of partisan behavior acceptable for a court justice? How can the Justices be seen as figures of authority and utter trustworthiness if they allow politics to influence their decisions and indeed may take actions to benefit their political allies?

3. Should the Justices have a longer term? Would that help stabilize the judiciary? Or would that entrench power?

4. How can Justices be held accountable to TSP for their decisions?

5. What is one major issue that the court has been faced with recently that you would handle differently or the same (or in the case of them having not yet answered, how would you respond)?

Escade

~ Positions Held in TSP ~
Delegate | Vice Delegate 
Minister of Regional Affairs, | Minister of Foreign Affairs | Minister of Military Affairs
~ The Sparkly One ~

My Pinterest

 

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How would you define "fairly"?

Giving equal consideration to all sides and all opinions, following the law as written, and adequately explaining all rulings to all parties.

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What happens when the question deals with the absence of a law?

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

Reply

The Court system in TSP has been at the crux of several controversies, not limited to the current term, but stemming back to 2013 when judicial reform was proposed several times. These former judicial reform attempts were largely a failure and so we still are struggling to establish, as a region, what the role of the Courts in TSP should be.

1. What do you think the role of the Courts in TSP should be?

a. If, ideally, the courts should balance the powers afforded to the Assembly and Cabinet – do you agree or disagree – how can the Courts establish their role in a three branch system? What specific domains of power and responsibility should be under the jurisdiction of the courts? It seems that many issues fall to the Assembly that could also fall to the courts area of power? How can checks and balances be maintained?

b. On the other hand many regions, outside of TSP including major GCRs, have argued that the Courts in NS cannot operate as they do in real life and that most such attempts to correlate the NS court system with RL systems has resulted in failure. What do you think about this assertion made by prominent NSers? What then should the role of the courts be?

The answer to the initial question is two-fold. According to the Charter, the responsibility of the High Court is to try criminal cases and issue rulings on legal questions. The Court can also nullify laws that contradict the Charter, that being the only power I would consider a "check." The Court is not an equal branch to the Assembly and the Cabinet, and there would need to be a fairly large overhaul in order for the Court to serve a larger role in the region. As it stands, under the current law, the role of the Courts should be to try cases and respond to legal questions.

Should the Court have larger checks on Cabinet/Assembly power? Perhaps. I am more concerned with the Court running smoothly within the perimeters in the Charter. Larger reform would be a discussion for the Assembly. The Court cannot simply forge a new role for itself outside existing law, it is entirely dependent on the Assembly.

Courts cannot run the same way that they do in real life, but I'm not sure what exactly you mean. I do believe, for example, that laws should not be applied ex post facto (correlation to rl law), but there are many areas where we can't use rl court procedures for our courts in NS.

2. What kind of behavior is acceptable for a court justice? From the outgoing justices, one has allegedly shared IRC log conversations with one group of people with their political opposition during the recent elections, is that kind of partisan behavior acceptable for a court justice? How can the Justices be seen as figures of authority and utter trustworthiness if they allow politics to influence their decisions and indeed may take actions to benefit their political allies?

What kind of IRC logs? Court logs? Leaking Court logs is not appropriate. However, if you mean logs from a private conversation, I don't see an issue. We live in a small community and it's not realistic to expect all Justices to be apolitical, but they should use their discretion. Directly involving one's self in a matter that will likely go to the Courts is unwise, but Justices are still members of the Assembly with a responsibility to engage in productive debate. Above all, Justices should refrain from activities/behavior that indicate a clear partisan bias that would call into question the objectivity of their rulings.

3. Should the Justices have a longer term? Would that help stabilize the judiciary? Or would that entrench power?

I support the current term length.

4. How can Justices be held accountable to TSP for their decisions?

Through elections. We could implement a recall procedure for Justices, but this would make it easier to politicize the Courts and pressure the justices to deliver a "popular" ruling rather than the right ruling.

5. What is one major issue that the court has been faced with recently that you would handle differently or the same (or in the case of them having not yet answered, how would you respond)?

I agree with the Court's ruling on Wolf's Conflict of Interest disclosure. Nonetheless, I would have elaborated further on the reasoning. I believe that it's important for legal opinions to be concise and easily acceptable, but it's more important for the Court's reasoning to be adequately explained and provided for. Given the abundance of Court activity, I'm not surprised that the opinion was terse, but I would have included some further explanation.

What happens when the question deals with the absence of a law?

The Court cannot rule on what doesn't exist.

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Thank you for answering these questions, Sopo.

Can you clarify what you think the Courts should do in such a situation, "The Court cannot rule on what doesn't exist." Does the Court forward an issue where the law doesn't exist to the Assembly?

Escade

~ Positions Held in TSP ~
Delegate | Vice Delegate 
Minister of Regional Affairs, | Minister of Foreign Affairs | Minister of Military Affairs
~ The Sparkly One ~

My Pinterest

 

(This post was last modified: 04-05-2015, 12:19 PM by Rebeltopia.)

Reply

Thank you for answering these questions, Sopo.

Can you clarify what you think the Courts should do in such a situation, "The Court cannot rule on what doesn't exist." Does the Court forward an issue where the law doesn't exist to the Assembly?

If there is no law, the Court could provisionally rule based on precedent or context (if absolutely necessary), but the issue should then be passed to the Assembly for a permanent resolution. The Court doesn't make law, so if the problem is absence of law, that is the responsibility of the Assembly.

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Any further questions?

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Thanks to all who supported me. I look forward to the opportunity.

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