Standing and In-Chambers Opinions

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As per your post elsewhere, I’m starting this thread to discuss the current policy that allows only the petitioner or someone with their permission to request in-chambers opinions on the dismissal of cases.

I have a few thoughts on this. I would be against allowing anyone to request an ICO. The idea behind the original restriction was to prevent them from being too frequent and taking up time that could be dedicated to admitted cases, if possible, so doing away with it isn’t something I’d favour. Instead I would prefer that we adopt the idea of standing, as was hinted at in the 1912 thread, so that only certain people with a vested interest in the issue can request an ICO.

Thoughts?

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(This post was last modified: 03-21-2019, 02:37 PM by Kris Kringle.)

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I agree, though we should require them to demonstrate standing as part of ant such request.

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I agree with what's been said above, though I think I'd be compelled to go further to define what vested interest means.

For Legal Questions, the following people have vested interests

1. The Petitioner
   
2. Anyone the Petitioner has designated with permission
   
3. Anyone who has submitted an amicus brief that the Court has deemed to be with merit (ie: no frivolous one-liners that imply someone is submitting an amicus brief for the sake of demonstrating vested interests)
   
4. Anyone the Court has called upon for testimony
   

For Criminal Cases, the following people have vested interests

1. The accused
   
2. The defendant
   
3. Both the accused and defendant's Legal Counsels
   
4. Anyone who has submitted an amicus brief that the Court has deemed to be with merit (ie: no frivolous one-liners that imply someone is submitting an amicus brief for the sake of demonstrating vested interests)
   
5. Anyone the Court has called upon for testimony
   

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(This post was last modified: 05-10-2019, 03:59 AM by Awe.)

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I think you mean "Prosecution" and "Defense"...

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I could work with those lists. This does force us to provide a bit more formality to the submission of amicus briefs, which is another subject we probably want to address. I'll be starting another thread for that.

Former Delegate of the South Pacific
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For LQs, it might be prudent to further state that granting legal standing to a party designated by the petitioner should only be used in cases where the petitioner is unable to make their own case due to being banned from the region etc. Also, such requests for designation should be made in writing to the Court (ie: May I apply to the Court to designate X to file and represent me in this LQ?) rather than have X say that they're representing the Petitioner. Likewise would go for the appointment of Counsels.

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That’s acceptable to me.


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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

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