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The Serres Republic · 05-09-2018, 11:45 AM

Thank you Bels, I was under the impression that was your meaning but needed to clear it up, an d furthermore Kris, no that was not my underlying question. I trust that our cabinet would be competent enough to select a AJ that would not support a future coup.

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**Belschaft** · 05-09-2018, 01:14 PM

(05-09-2018, 11:28 AM)Kris Kringle Wrote: I suppose the underlying question was if you would be prone to supporting such illegal acts in the future. While we're at it, if you would also be susceptible to letting political opinions or goals affect your work as a Justice.

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I can't predict the future, but I can't imagine myself supporting anything legally questionable - but any situation where I did would be, as in the past, outside of the norm and thus unpredictable by it's very nature.

I think I've always maintained an appropriate attitude when wearing my "Justice" hat in the past, including ruling against my own views/interests.

As for the issue of political goals/opinions; that's why we have a CoI and recussal process.

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Omega · 05-09-2018, 03:41 PM

As a quick question for Cabinet/CJ: what were the criteria you had when looking at the potential nominees? And perhaps a quick note on which of those this nominee meant and you think he was lacking in might also be appropriate if you are willing to provide it.

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***Kris Kringle*** · 05-09-2018, 03:56 PM

(05-09-2018, 03:41 PM)Omega Wrote: As a quick question for Cabinet/CJ: what were the criteria you had when looking at the potential nominees? And perhaps a quick note on which of those this nominee meant and you think he was lacking in might also be appropriate if you are willing to provide it.

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Do you mean what considerations we had when looking at Survey answers?

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Omega · 05-09-2018, 04:05 PM

(05-09-2018, 03:56 PM)Kris Kringle Wrote:
(05-09-2018, 03:41 PM)Omega Wrote: As a quick question for Cabinet/CJ: what were the criteria you had when looking at the potential nominees? And perhaps a quick note on which of those this nominee meant and you think he was lacking in might also be appropriate if you are willing to provide it.

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Do you mean what considerations we had when looking at Survey answers?

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Yes exactly that.

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***Roavin*** · 05-09-2018, 04:41 PM

For me, the actual answer wasn't as important as the explanation of the thought process used to reach that answer. My thinking here is: We want justices that can think logically, drawing upon the laws, and reach a conclusion without being subjected to bias. If they made something that I would consider a benign mistake in that process, I'm not too worried as we have the sign-off plus appeal methods to deal with that if it happens.

***Kris Kringle*** · 05-09-2018, 04:50 PM

Obviously I can only speak for myself.

I designed the Survey, loosely based on the one I myself answered last year, so the topics it addresses are already the ones I consider most important:

I was looking for nominees who take a careful approach with cases and regarding their own role in the Court. That meant:

Avoiding extremes when interpreting the law (neither literalism nor activism).
Seeking out information and testimonies and welcoming the submission of amicus curiae briefs to inform their own opinion of a case.
Having a clear idea of the circumstances under which they should recuse from a case.
Outlining a clear and well-reasoned thought on the balance between agility and thoroughness when considering cases.
Keeping a distance, within reason, from active political involvement in a way that would excessively deprioritise their judicial role vis-à-vis other positions or risk conflicts of interest.
Displaying a clear understanding of the law and being able to draft adequate rulings based on that understanding (emphasis on clear, since the actual ruling wasn't as important as how it was explained and justified).

I was mostly comfortable with Belschaft’s answers in most of these regards, and felt that his past experience as a Justice showed that he had a record of being well-reasoned and balanced while serving in that position. I was also favourably surprised by the detail in his answers. In that sense, as Roavin has indicated, an ability to properly explain his thought process was of key importance.

I did have concerns with his involvement in Operation Brave Little Toaster and the 2016 Cabinet Coup, as well as his general availability. I recommended to the Cabinet further inquiring on that, and was the one who asked him for an explanation on his role in the Cabinet Coup and his availability. I felt his answers were adequate, and let the Cabinet know as much.

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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

***Kris Kringle*** · 05-14-2018, 09:38 PM

Do you like legal interpretation and judicial business? If so, why? If not, why not, and would you still be an adequate Justice?

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

***Roavin*** · 05-18-2018, 01:53 PM

Motion.

**Seraph** · 05-18-2018, 01:58 PM

Second

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