8. Wrongful prosecution.

Wrongful prosecution consists of prosecution characterised by malice, damage, and absence of probable cause. In the event that a person is wrongfully prosecuted, the person may initiate a Malicious Prosecution suit against the person who wrongfully prosecuted them.

8.1. A Malicious Prosecution suit may be initiated if either:

8.1.1. The person prosecuted is acquitted;  or

8.1.2. The Tribunal has rejected the charming instrument as facially insufficient on the basis that if all allegations were accepted as
true, the individual would not be guilty of the purported crime.

8.2. To prevail, it must be shown by a preponderance of the evidence that:

8.2.1. the Prosecutor acted with malice in bringing the charge; or

8.2.2. the Prosecutor commenced the proceeding for the sole purpose to harass the individual with knowledge that charging
instrument did not have a basis in law; and

8.2.3. the charging instrument patently lacked probable cause; and

8.2.4. the plaintiff sustained damage through injury to reputation, deprivation of liberty or property, or other damage that may be assessed and relevant in the context of that matter.

8.3. The Cort shall award punitive damages to dissuade such further conduct.

9. Ex Parte Communication

9.1. A member of the bar shall not initiate ex parte communications, or other communications made to a judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows:

9.1.1. When circumstances require it, ex parte communication for scheduling, administrative, expert testimony, or emergency purposes, which does not address substantive matters, is permitted, provided:

9.1.1.1. the member of the bar reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and

9.1.1.2. the member of the bar makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.

9.2. If a member of the bar inadvertently initiates or receives an unauthorized ex parte communication bearing upon the substance of a matter, the member of the bar shall make provision promptly to notify all the parties of the substance of the communication and provide the parties with an opportunity to respond.

9.3. A member of the bar shall make reasonable efforts, including providing appropriate supervision, to ensure that these provisions against ex parte communications are not violated by others subject to the member of the bar's direction or control.

10. Service in General.

10.1. The Secretary of State shall accept service of any complaints or claims to the Cort pü Înalt or General Cort of Talossa on behalf of all citizens. The Secretary of State shall email notice of said complaints or claims to the concerned citizen and affirm to the Cort that they did so on that date (the "date of service").

10.1.1 If either party in a case before the Cort fails to respond to such a notice as specified in section 10.1.1 within 60 days of the date of service, the Cort may, upon a motion by the adverse party, enter default judgement against the nonappearing party. Default judgment can only be entered for a period of three months after default. A default order may be vacated, upon good cause shown, within three months after it was entered, by motion of the aggrieved party.

10.2. In all civil matters, if a Judge or Magistrate fails to respond to the assignment of a Case by the Clerk of the Corts within 14 days, then the Clerk of the Corts shall assign the case to another Judge or Magistrate and inform the Senechal of the failure to appear.

10.3. A Judge or Magistrate may request a matter be transferred to another Judge or Magistrate for any reason. If that request be for any other purpose than a conflict of interest, and the Judge has not presided over any substantive part of the proceeding as a Magistrate, they shall be from the proscription enumerated in section 10.2.4 of this article.

10.4. If a Magistrate fails to address a filing from either party within 14 days of receipt, then the Clerk of the Corts shall inquire as to the status of the Magistrate and may appropriately reassign the matter to another Judge if warranted. If a Magistrate fails to respond to a Clerk's inquiry within 14 days, the Clerk shall reassign the matter and inform the Seneschal of the Magistrate's failure to appear.

10.5 All criminal matters shall, pursuant to the Ninth Covenant, be heard before a Tribunal of the Crown, which shall be compromised of no less than three Magistrates in the General Cort of Talossa.  A determination by the General Cort to dismiss a charging instrument for facial insufficiency shall be immediately appealable to the Uppermost Cort of Talossa.

11. Judicial Tenure.
Judges of the Uppermost Cort and of any inferior court may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative.

11.1. Uppermost Cort Judges may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article VIII of the Organic Law. In accordance with the appropriate section, the inactivity of a Justice is defined as the failure of that Justice to act, rule, or appear in an open case the Justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote.

11.1.1    A Justice of the Cort pü Inalt shall be declared inactive, and to have vacated their seat, within the meaning of Organic Law VIII, if the Clerk of the Corts, contacting the members of the CpI to assign a case as described in this title, is unable to contact that Justice or does not receive any response to their enquiries, within 30 days.

11.2. Retired Judges or Magistrates shall enjoy the style "Honorable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate."

11.3. Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the National Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the National Talossan Bar enabling the holder to engage in the practice of law.

11.4. Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted.

11.5. Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted.

11.6. Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns their citizenship and shall be considered revoked if the retiree has their citizenship terminated by a Court of the Realm.

11.7 Every person appointed a judge to the Uppermost Cort of Talossa shall publicly make to the Citizens of Talossa and subscribe to the following declaration within 10 days of such appointment:
I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of Judge of El Cort pü Inalt without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm.

12. Judicial Decisions

12.1. Every cort rendering a decision shall set forth the reasoning for that decision. This declaration must be published in the next Clark. Cort decisions will be written up in the Clark if the authors want them to, with due regard to brevity.

12.2.   All final decisions or those interlocutory orders must be codified in an official reporter.

12.3. The Cort pü Inalt may request that the Government or Scribe maintain official reporters of decisions on behalf of all Talossan Corts, or it may direct the Clerk of the Corts to do so on its behalf.

12.3.1. If the Cort pü Inalt shall request the Government or Scribe to maintain official reporters, then the Cort pü Inalt must designate, in the decision, whether it shall be deemed binding, and if so, it shall be reported in an official reporter entitled "Cort pü Inalt" and abbreviated to "CPI" in citations. All decisions of the Cort pü Inalt designated nonbinding shall be reported in an official reporter entitled "Cort pü Inalt Apeindix" and abbrivated to "CPIA" in citations.

12.3.2. All final determinations of the General Cort shall be published in an official reporter entitled "General Cort" and abbreviated to "GC" by the Scribe or an individual designated by the Government in the same fashion as described in G.12.1.3.1. Nonfinal or interlocutory determinations that impact the rights of a party must also be reported in the GC reporter. All other determinations need not be reported in the GC reported unless so designated by the General Cort. Determinations not contained in the GC reporter shall be styled as General Cort Slip Opinions and must be made publicly available on a State-run website in consecutive order by date with an affixed number with an appropriate pin cite every 200 words, for ease of reference, that shall be listed as follows: Case Name, Year GC Slip Op NUMBER, *Pin (Full Date, Magistrate's surname, M.) (e.g. Doe v Smith, 2020 GC Slip Op 001, *1 [27 February 2020, Smith, M.]). 

12.3.3. If the Scribe or the appointed Government Ministry determines any aforementioned volume becomes lengthy, a subsequent volume shall be created with the appropriate cardinal prefixed prior to the reporter.

12.3.4. The Cort pü Inalt may direct the Clerk of the Corts to normalize case captions according to rules it may set forth, which shall then be used in any reporter.

12.3.5. The Cort pü Inalt may publish an official style manual enumerating proper citations for any source, which shall be followed by all parties filing documents with any national Talossan cort.

Uréu q'estadra så:

4. The Clerk of the Corts. 
The Clerk of the Corts shall be an apolitical position appointed by the reigning Monarch or the Cort pü Inalt upon recommendation of the Prime Minister and shall serve in the following capacities:

4.1. The Clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number.

4.2. The Clerk shall then assign the case to a tribunal in the lowest cort holding jurisdiction over the matter.

4.3. Judicial assignments shall be made at random. In cases where a clear conflict of interest should arise, the Clerk shall assign the case to the next jurist in that order.

4.4. The Clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference.

4.5. This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose.

4.6. Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference.

4.7. The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment.

4.7.1. In the event the Clerk fails to assign a case within the 72-hour window and such tardiness is result of one or more of the following conditions, the Clerk's absence shall be deemed excused and no further penalty should be pursued:

4.7.1.1. Active Military Service (In the Armed Forces of Talossa or an Allied Nation)

4.7.1.2. Birth or Death of an immediate family member

4.7.1.3. Marriage or Divorce

4.7.1.4. Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties

4.7.2. In the event the Clerk anticipates a length absence, even for an excused purpose, they should consider resignation to ensure the people are adequately served.

4.7.3. If the Clerk of the Corts fails to assign cases within the 72-hour window without an excuse as defined in El. Lex. G.4.7.1, and such failure to act exceeds 60 days, the office of the Clerk of the Corts is deemed vacant.

4.8. The individual holding the office of Clerk of the Corts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of the Corts, or any deputy thereunder, while simultaneously holding office as a Justice of the Uppermost Cort or any national inferior court.

4.9. The Clerk of the Corts serves at the pleasure of the King and the Cort pü Inalt and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of the Corts may be removed from office by Prime Dictate. The Cort pü Inalt shall have final say over the dismissal of the Clerk of the Cort in situations of conflict with either the Crown or the Prime Minister.

4.10. Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Cort, a felony, and shall suffer a punishment to be determined by the court.

5. Court Officers.
The Clerk or the Senior Judge of the Cort pü Inalt may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk or the Senior Judge and may be for a temporary term or an indefinite term, which the Clerk or Senior Judge shall stipulate in the public notice of deputization.

5.1. The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period.

5.2. The Deputized Officer shall follow the procedures set forth in this title with regards to the assignment of cases and shall do so impartially without regard for political, personal, or financial consideration.

5.3. The Officer shall serve at the pleasure of the King and Cort pü Inalt, may be removed by the King or Cort pü Inalt at any time.  The Cort pü Inalt shall have final decision authority on removal in circumstance of conflict between it and the Crown on removal. However, the principal supervision of the Officer shall fall to the Clerk of the Corts, who shall retain the right to dismiss the Officer as well.

5.4. Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice.

5.5. The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72-hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing.

6. Criminal Law: In the interest of providing the accused with the rights granted to them by the Ninth Covenant of Rights and Freedoms, the following rights shall be considered to be inalienable and shall be afforded to all citizens in civilian trials:

6.1. The Ministry of Justice, on behalf of the Crown, shall submit a charging instrument to the Clerk of the Cort identifying, in plain language, the charge to be brought against the accuse, and the factual allegations to be proven to support said charges.  Nothing in this section shall limit the Ministry of Justice from relying on unpleaded allegations provided such does not prejudice the accused.

6.2. Upon receipt of the charging instrument, the Clerk of the Cort shall refer the matter to the appropriate tribunal of the Crown as defined by law. 

6.3. The tribunal of the Crown shall test the sufficiency by making a prima facie determination that if the factual allegations contained therein were proven true beyond a reasonable doubt, then the accused would be guilty of the crime as alleged.  Jeopardy shall only attach if the tribunal of the Crown accepts the charging instrument as sufficient.  If the tribunal is not satisfied of such, then it shall reject the charging instrument as insufficient on its face and jeopardy shall not have attached.

6.4. The accused must be informed of the charges against him by the Crown within seven days of said charges being accepted by the Tribunal of the Crown.

6.5. Such notification must be submitted to the accused in writing, by either an electronic medium such as email, a typed letter, or by a handwritten letter. A copy of every such notice shall be archived in the Royal Archives by the Royal Archivist immediately after he receives a copy of said notice. If the notice is given in the form of a hand-written letter, the Royal Archivist shall make a copy of the letter in an electronic format, such that it may be added to the Royal Archives.

6.6. The Prosecution shall have up to 90 days from the time of notification of the accused in which to prepare its case. If a case is not prepared by the Prosecution within the allotted time, then the matter shall be dismissed, unless the Prosecution can show that such delay is through the fault of the accused.

6.7. If a case is not prepared within the 90-day limit, then the Prosecution may request up to an additional 30 days to prepare its case, which shall be granted or denied by the tribunal assigned to the case. This section takes precedence over G.1.6.

6.8. The decision shall be based on the legitimacy of reasons given by the Prosecution in the interests of justice, equity, and efficiency.

6.9. If a matter is dismissed for failure to prosecute, then final jeopardy shall attach unless the Prosecution is able to provide new evidence against the accused with which to build a case. A new case must meet the same statute of limitations for any offense.

6.7. The Prosecution may withdraw a charging instrument upon good cause shown to which jeopardy shall not attach.    

7. The Statute of Limitations.

The Statute of Limitations on all offences shall be 36 months from the date the offense occurred for all criminal matters, or 36 months from the date that the injury party should have known of the offense in all civil matters.  If the injury party is less than 14 years of age or without sound mind of body at the time of discovery, this period shall be tolled for no more than 12 months running from their 14th birthday or when deemed competent.

7.1. This statute of limitations shall not apply to:

7.1.1. any action for which a period of limitation is fixed by any other limitation enactment;

7.1.2. fraud upon the court, which for the purpose of this title shall be defined as: (i) to embrace that species of fraud which does, or (ii) attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.

7.1.3. war crimes as they are defined in the Charter of the Nürnberg International Military Tribunal of 8 August 1945

7.1.4. crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nürnberg International Military Tribunal Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

7.2. If any person commits a series of criminal acts sharing a common nexus, the period of limitation shall begin to run from the date of the last act in the series.

7.3. Nothing in this title shall revive any action for which the statute of limitations has accrued or affect any action commenced before the date this title came into force.

WHEREAS El Lexhatx intends to provide a single code of law for the Kingdom of Talossa as enacted by the Ziu;

AND WHEREAS the foregoing admirable intention must be honored through constant scrutiny to ensure consistency and ease of access;

AND WHEREAS it has come to the attention that, through several amendments since adoption, El Lexhatx G. Justice has become cumbersome to follow;

AND WHEREAS someone finally took the time to scrutinize this statute to remove repetition, conflicting provisions, and to clarify certain procedure regarding criminal offenses;

AND WHEREAS absolutely no statute drafted by Alexandreu Davinescu, specifically the ex parte communications subsection, has been changed in any way, except to be recodified and moved for consistency.

BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assembled as follows:

That El Lexhatx G. is absolished in its entirety. 

BE IT FURTHER ENACTED that the following shall be codified into El Lexhatx as section G. Justice:

G. Justice.

1. The General Cort of Talossa

1.1.    The Ziu enlarges the number of Puisne Judges to a total of three in accord with Section 3 of Article VIII of the Organic Law.

1.2.    The Ziu establishes the General Cort of Talossa, which shall be an inferior nisi prius cort, cort of first instance, and of general jurisdiction consistent with Article VIII of the Organic Law.

1.2.1. Any citizen of Talossa who has satisfied the Ministry of Justice of their knowledge of Talossan law and jurisprudence, and of their good character, may be recommended to the King or to the Cort pü Inalt to be named as a Community Jurist (CJ).

1.2.2. Community Jurists may be deprived of this designation by the Cort pü Înalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory.

1.2.3. The Clerk of the Corts shall appoint, by random selection, a single Community Jurist to preside over the General Cort for any case arising under this section.

1.2.3.1. If no qualified CJ is available to hear a given case, the Clerk of the Corts shall appoint a single Judge of the Cort pü Inalt to preside over the General Cort for that case.

1.2.4. The judicial official presiding over a matter in the General Cort of Talossa shall be styled as "Magistrate" for the purposes of that proceeding.

1.2.5. Unless an appeal lies as of right, an aggrieved party to an action may seek leave to appeal any determination of the General Cort to the Cort pü Inalt.

1.2.6. A Magistrate may not sit as a Judge on the Cort pü Inalt for any appeal related to a proceeding over which they presided as a magistrate.

1.2.7. A Magistrate must recuse themselves from a matter upon a real or apparent conflict of interest.

2. The Practice of Law in the National Corts of Talossa. 

The following guidelines shall exist for the practice of law within the realm:

2.1. The practice of law shall be defined as the representation of individuals, corporations and government bodies before the Uppermost Cort, Military Cort, or any inferior court established by the Ziu; or the professional discussion or advice on matters of a legal nature.

2.2. Practice before the Uppermost Cort or any inferior National Court established by the Ziu shall be limited to members in good standing of the National Talossan Bar.

2.3. Practice before Military Courts shall be restricted to members of the National Talossan Bar or to any commissioned officer granted waiver by the Minister of Defence to serve as a legal representative, pursuant to Ministry of Defence guidelines.

2.4. Practice before Provincial Courts shall be governed by Provincial Law.

2.5. No part of this law shall limit an individual's ability to represent themselves before any court of the realm.

2.6. Provincial Premiers (or the provincial equivalent thereto) shall have the authority to represent their Province, in actions brought before a National Court, as a function of their office. This responsibility may be delegated only to a member of the National Talossan Bar.

2.7. The use of titles such as lawyer, attorney, barrister, solicitor, or councillor/counselor-at-law or any other title reserved by guidelines of the National Talossan bar shall be restricted to those who are licensed to engage in the practice of law within the realm.

2.8. Individuals who are party to an action brought before a Cort of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy.

2.9. Individuals operating under waiver shall not be entitled to present themselves as attorneys, lawyers, barristers, solicitors, or councillor/counselor-at-law, nor shall approval of such waiver imply membership in the National Talossan Bar.

2.10. Petitions for waiver shall be made to the Cort in which the action is to be brought. All waivers shall expire upon the final disposition of the case and shall remain in force through any appeal. Waivers granted by a lower court need not be renewed or reissued if the action is brought before the Uppermost Cort in appeal. Waivers may be terminated by the petitioner or the proxy at any time during court proceedings and shall notify the Court of said termination within 48 hours of its effective date. Waivers may be withdrawn through judicial order in the event of misconduct or inadequate representation.

2.11. Corts shall grant petitioned waivers unless the designated proxy has been convicted of a felony, has presented themselves unlawfully to be an attorney, lawyer, barrister, solicitor or councillor/counselor of law, has falsely claimed Bar membership or other official standing within the National Talossan Bar or has received monetary compensation or other financial consideration in exchange for his/her representational duties or when a suitable member of the bar is available for representation in the matter, unencumbered by conflicts of interest or personal disputes.

2.12. Admission to the National Bar of Talossa.

2.12.1. The National Bar of Talossa shall be governed by the Uppermost Cort, which shall establish the procedure, ethics, and
standards for those seeking admission to the National Bar of Talossa.

2.12.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Corts of Talossa established under Article VIII of the Organic Law.

2.12.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa.

2.12.2.2. The National Bar of Talossa shall set the standards, character, and other requirements for admission.

2.12.2.3. The National Bar of Talossa shall accept the application of any individual claiming to have satisfied the requirements for admission, and, if satisfied that the applicant does meet the criteria for admission after careful review and consideration, shall refer the applicant with supporting documentation to the Uppermost Cort for admission.

2.12.2.4. The Uppermost Cort of Talossan shall accept or deny all referred applications within a timely manner. An individual is not authorized to practice law until the Uppermost Cort of Talossa admits the application to the National Bar of Talossa, and an individual may not refer to themselves as "pending admission."

2.12.3. An individual who has earned a degree in the practice of law in another country, or who has been admitted to practice law in another country, or who has completed one year of legal education as well as legal training in another country, may seek a waiver for admission to the National Bar of Talossa by petitioning the Uppermost Cort of Talossa for such a waiver, provided proof for the basis of waiver is attached to the petition.  The Uppermost Cort may grant said waiver with no less than the consent of two Judges of the Uppermost Cort.  The Uppermost Cort may increase the number of Judges required to give consent as it deems necessary but may only decrease the number to the statutory limits with the same number of Judges required to give consent.

2.12.4. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission.

2.12.4.1. The above provision is not applicable to an individual who represent themselves, known as pro se party, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Cort throughout Talossa.

2.12.4.2. The following office holders may, at the discretion of the Chancery, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort.

2.12.4.3. An Attorney General, as head of the Ministry of Justice, or Deputy Attorney General as authorized by the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office.

2.12.5. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys.

2.12.5.1. An individual admitted may have their admission revoked for cause with the consent of no less than a majority of the Judges of the Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa.

2.12.5.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law

2.12.6. Any rules, regulations or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws.

3. Appeals and Tribunals.

3.1 It shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. No Cunstaval shall proclaim any new provincial constitution that fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü Înalt or such other national courts as may be created by the Ziu. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected.

3.1.1 All appeals, as with other court actions, shall be filed with the Clerk of the Corts. Upon official judicial assignment, the cort may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties.

3.1.2 Appeals or other actions brought before any national court shall be heard within 90 calendar days from the date of assignment by the Clerk of the Corts.

3.1.3. The court, if it decides not to hear the case or appeal, shall issue a written statement justifying its decision within the time frame given in 3.2.

3.1.4. If a court does not comply with 3.2. or 3.2.1., it may be subject to an investigation for non-feasance conducted by the Ministry of Justice.

3.2. Under the principle of reformatio in peius, the worsening change of a verdict, no appellate court shall be allowed to change an appealed ruling in such a manner that would be disadvantageous to the petitioner.

3.2.1. In civil actions, appeals may be ruled in a detrimental manner to the appellant (reformationes in peius) only when both parties submit appeals.

3.2.2. In criminal procedures, reformationes in peius are forbidden whenever the appeal is lodged by the convict or in favour of the convict. In case of appeals from both parties, reformationes in peius detrimental to the convict shall be forbidden.

Quote from: Þon Txoteu É. Davinescu, O.SPM on December 31, 2020, 03:34:05 PM
On December 23, 2020/XLI, in my duties as Deputy Attorney General, I called for nominations for the role of Community Jurist, as set out in 55RZ7 / El Lexhatx G.13.2, in a post on Wittenberg (https://wittenberg.talossa.com/index.php?topic=628.0).

Three Talossan citizens nominated themselves for this role: Senator Ián Plätschisch, Túischac'h Txosue Roibeardescù, and Secretary of State Dr Txec dal Nordselva. All these being fine candidates, the Deputy Attorney General accordingly recommended all these names to the Regent (acting for the King) for appointment as Community Jurists, under El Lex G.13.2.1, by Wittenberg private message.

The Regent raised an objection to naming Dr Nordselva to the role, arguing that this set up an impermissible "separation of powers" conflict with his role as Secretary of State. The both the Ministry and Government did not agree with this assessment.

Previously, the Regent and the Government had agreed that making the Seneschál a CJ would be inappropriate, because most lawsuits in Talossa are against the Government. Such matters do not, in the Government's opinion, arise for the Secretary of State. Moreover, Dr. Nordselva, as a former CpI Justice, is the most eminently qualified of the three.

The Government asked the Regent, therefore, to officially name s:reux. Plätschisch and Roibeardescù as CJs, and to announce publicly why he was rejecting the Government's recommendation of Dr. Nordselva, so as to start a public discussion on the question. The Regent refused to do this, instead insisting that the Government continue to "discuss", via Wittenberg PM, his assertion of an impermissible separation of powers conflict between the Secretary of State's office and being a Community Justice. The Government found itself at a loss as to how to do so, because we simply, point-blank disagree with the Regent on this point.

We continue to not understand why the Regent refuses to nominate s:reux Plätschisch and Roibeardescù, about whom there is no debate as to their qualification. And we decline to waste further time. Thankfully, the law provides an alternative to the Regent's demand that we "DEBATE HIM".

Therefore, again under El Lexh G.13.2.1, the Ministry of Justice hereby recommends s:reux Ián Plätschisch, Txosué Roibeardescù, and Dr Txec dal Nordselva, to the Cort pü Inalt to be named as Community Jurists (CJ).

Respectfully,
Þon Txoteu É. Davinescu, O.SPM
Deputy Attorney General

It is so ordered.

While I'd prefer abolishing the monarchy, a position I've state repetitively for years, if Talossans prefer keeping the monarchy in some form, i could accept something similar to Japan, where the Emperor is the Head of State but doesn't even a nominal executive. Rather all executive authority is delegated to ministers, and the Emperor cannot act without the consent of the Cabinet. Ultimately, the Emperor's role is to serve as the symbolic, unifying head of the country. He appointed the Prime Minister (cannot withhold) based on the Diat. No veto.

Or something akin to Sweden, where, in 1975, transferred all executive powers to a Counsil of State. They act on behalf of the King and sign bills, answerable to Parliament.

Or something similar to Norway, where a council of state is the executive (king, prime minister, another), latter two chosen by King with consent of Parliament (generally an election).

Or something similar to the Netherlands, where the Monarch cannot act without a responsible.Minister also signing off.

Of course these are very simplified summaries, but informative.

I do not like the idea of dual Heads of States power jumping based on Clark.
.
I could live with an elected monarchy that only serves as a symbol of the country. A Regent could be appointed by that monarch, with the consent of the Ziu, to perform the necessary executive tasks, provided such person could, with the backing of the Ziu, be subject to recall from the people.

Just some thoughts.

Quote from: Glüc da Dhi S.H. on September 23, 2020, 02:17:19 PM

Quote from: Viteu on September 23, 2020, 02:01:19 PM

Quote from: Glüc da Dhi S.H. on September 23, 2020, 12:58:42 PM
Yeah, AD can be annoying, and an obvious troll sometimes. I wish he said what he meant more often.

You all knew that when you asked him to be a CpI judge.

More recently I've mostly seen government members explode when he voiced concerns about the government or the state of Talossa. Sometimes valid, sometimes less so, but either gets the same reaction.

The wiki edit was somewhat petty, but also rather benign. It's a very weak excuse.

What worries me most is how groupthink in Talossa has become almost as bad, if not worse, than in the pre-reunision RUMP days. Apparently only those who don't criticise the government are allowed to be judges.

What I find particularly weak is the different standards to which you hold people.  I was put through the ringer, and likely still have some watching, to ensure that I behaved when I was only nominated.  I can only imagine the outrage you and others would have put forth if I even remotely suggested doing something like the so-called benign wiki changes.

AD was not put through an extensive vetting process.  His was, much like your post, weak sauce compared to what I went through. 
I've kept my promise to stay out of politics, but I made no promise to stay out of Wittenberg. I would like to see Talossa, and people like you, Glüc, apply the same standard across the board. AD has not changed an iota of behavior knowing that he may sit on the CpI.

In fact, he has doubled down his efforts to annoy and harass. His antics with the Wiki imply heavily that he would use his position on the Cort to embarrass the FreeDems or any party sitting opposite his political allies given the opportunity. The fact that you blithely ignore this speaks to your own weakness. You think you're being clever by using words like groupthink, but I outwardly question if you know what that is, or something you just learned last week in your sociology 101 course.

I dont remember ever raising any objection to you becoming CpI justice.

You have contributed a lot less and done a lot worse than AD. This was true both when you were both in the RUMP and when you were on opposing sides. The constant abuse of Epic combined with your inability to take any criticism are the main reason being in the coalition during the 51st Cosa term was hell for me and one of the reasons I left politics.

Yeah, your behaviour change was impressive and so was your vetting. No doubt about that, but dont talk to me about applying double standards. I don't object to you being in the CpI, but I wouldnt need any double standards to do so.

Your revisionism is astonishing. You still apply double standards and now you're just projecting. It's weak. 

Quote from: Ian Plätschisch on September 23, 2020, 01:09:38 PM

Quote from: Açafat del Val on September 23, 2020, 12:46:29 PM
Another opportunity for humility has been wasted. Where an olive branch or some constructive sentences would have sufficed, you chose antagonistic and agitative rhetoric.

That rhetoric has no place in a court of law.

What did you expect? That he would grovel before you to win back your favor, which would clearly be futile anyway?

If the coalition no longer finds the nominee to be suitable, then there is not much I can do. All I have to say is that you cannot throw out barbs and then be shocked and appalled when you get stung back.

But it's okay for a CpI nominee to act the way AD has and get a free pass? If I even blinked the wrong way during my process I would have been disqualified. Let alone actually vandalizing the Wiki.

It was painfully drilled into my head that a nominee must conduct themselves with the decorum and reverence for the Cort for the duration of the process.  AD has failed miserably at that. And now you're acting like it's anyone's fault but AD's that he is losing support.

Quote from: Glüc da Dhi S.H. on September 23, 2020, 12:58:42 PM
Yeah, AD can be annoying, and an obvious troll sometimes. I wish he said what he meant more often.

You all knew that when you asked him to be a CpI judge.

More recently I've mostly seen government members explode when he voiced concerns about the government or the state of Talossa. Sometimes valid, sometimes less so, but either gets the same reaction.

The wiki edit was somewhat petty, but also rather benign. It's a very weak excuse.

What worries me most is how groupthink in Talossa has become almost as bad, if not worse, than in the pre-reunision RUMP days. Apparently only those who don't criticise the government are allowed to be judges.

What I find particularly weak is the different standards to which you hold people.  I was put through the ringer, and likely still have some watching, to ensure that I behaved when I was only nominated.  I can only imagine the outrage you and others would have put forth if I even remotely suggested doing something like the so-called benign wiki changes.

AD was not put through an extensive vetting process.  His was, much like your post, weak sauce compared to what I went through. 
I've kept my promise to stay out of politics, but I made no promise to stay out of Wittenberg. I would like to see Talossa, and people like you, Glüc, apply the same standard across the board. AD has not changed an iota of behavior knowing that he may sit on the CpI.

In fact, he has doubled down his efforts to annoy and harass. His antics with the Wiki imply heavily that he would use his position on the Cort to embarrass the FreeDems or any party sitting opposite his political allies given the opportunity. The fact that you blithely ignore this speaks to your own weakness. You think you're being clever by using words like groupthink, but I outwardly question if you know what that is, or something you just learned last week in your sociology 101 course.

Quote from: Miestră Schivă, UrN on September 22, 2020, 03:06:34 PM
It wouldn't nullify the Electoral College if states still gave all their electoral votes to whoever wins the state by 1 vote.

I'll modify, it would partially in effect nullify the EC because the number of electors, equalling the number of representatives plus two senators, would increase proportionally with the state population. 

Quote from: Ian Plätschisch on September 21, 2020, 12:51:20 PM

Quote from: Açafat del Val on September 21, 2020, 10:25:03 AM
And a Congress that has at least 650 Representatives in the House.

If the House of Representatives had maintained the original ratio of population to representatives, there would currently be about 11,000 representatives.

I say, let's do it.

It would certainly nullify the electorial college and gerrymandering.

Quote from: Sir Alexandreu Davinescu on September 21, 2020, 05:30:59 AM
There's a ton of precedent for anarchists and far left citizens in our country. I am one of them.

https://www.youtube.com/embed/y8M3aI6pwuA

Ruth Bader Ginburg, an Associate Justice on the United States Supreme Court, passed away today of cancer. She was 87 and a fierce advocate for women, minorities, queer people, and marginalized groups. She will be missed.

This loss also petrifies many Americans, and we fear that the eventually slip into authoritarian is almost complete. I ask all Talossans to take a moment to consider the amazing accomplishments of one of the world's best jurist, take a moment of respect, and maybe pause the current flamewars waging through Witt for 24 hours as our small but Talossan way of paying respect.

I vote Per on the motions.

Quote from: Sir Alexandreu Davinescu on August 03, 2020, 06:41:15 PM

Quote from: Viteu on August 03, 2020, 06:34:03 PM

Quote from: Sir Alexandreu Davinescu on August 03, 2020, 06:22:42 PM

Quote from: Viteu on August 03, 2020, 06:19:01 PM
The problem that arose from the statutory component was my fault--I cannot remember if I wrote the GC language at, before, during, or after the JP act.

Writing things like this is really complicated, especially without sharp scrutiny from others, and it isn't very productive to try to decide whose fault it is.  Don't worry about it.

I think, personally, we should go back to the original system: three justices, one of whom would serve as an initial trial justice.  And that's it.  It's simple and serves all of our needs.  The only change the original system needed was a mechanism to eliminate inactive justices automatically, since that was socially uncomfortable -- that's why the original magistracy was created, if we're real about it.

That's absolutely possible with the amendment without changing the org law again under section 6. My primary concern with that remains the inherent unfairness to an appellant arguing before either same judge and convincing that judge and two colleagues why they are entitled to relief. Of course, a four judge UC would help that. All of this now falls to the Ziu. And once the amendment is in effect, any statute related to it requires 2/3 Cosa support with simple Senate majority, across two Cosas, to change.  The idea being that trying to change the Cort to something political would be subject to scrutiny in an election. But a change that truly addresses Talossa's needs will be obvious and shouldn't be a partisan issue.

Yeah, I think you could also have four justices or five and the simple system would work great.

As far as I recall, by the way, the soonest a change to the statute could happen would be in more than two months, by the way.  I mean, if I remember correctly, the new system that was just ratified requires that the first Clark have no bills in it, and that second Clark is supposedly supposed to come after a month of recess.  So I don't think any quick fix by the Ziu is possible, thanks to the recent changes.

Gah. Okay, so assuming that's the case, for possibly one month, UC judges can sit on the GC if a case commenced then, based on 13.2.1 as adopted.

"13.2.1. In accord with Section 6 of Article VIII of the Organic Law, any action commenced in the General Cort of Talossa shall be heard by a single Judge of the Cort pü Inalt."

The only issue with the proposed statutory amendment is the ostensible change in UC seats. So if that part is removed, the bill creating CJs could be voted on in the Second Clark, and a change in seats for UC moved to separate legislation.*

Or, there's no real requirement that the seats be filled. So the Government could leave that provision as is to see how things work out.

Quick reply-the 2/3 requirement across two Cosas *only* applies to the number of judges on the UC and not any inferior Cort, etc.