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El Ziu/The Ziu => El Senäts/The Senate => Topic started by: Açafat del Val on May 15, 2020, 08:00:17 PM

Title: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on May 15, 2020, 08:00:17 PM
May I congratulate S:reu Alexandreu Davinescu on the unique honor of being nominated to the Uppermost Cort. To be considered worthy of a functionally lifetime appointment to the highest judicial body of our nation is by itself humbling. I would like to acknowledge and compliment his contributions to the nation of Talossa over the many years, and I wish him well on his nomination.

As Deputy Mençei, I would like to see continue the importance and prestige of the Senate through the political process. As such, I believe, it is incumbent on this body to carry on the very novel but still monumentally crucial tradition of scrutiny of judicial nominees,  no less in the form of a public hearing.

This hearing by the Senate will be conducted in a similar - albeit slightly modified - manner as the previous one done just some months ago in January. For example, we will be using a Special Committee rather than a Committee of the Whole. I have enumerated below the actual rules, and I intend that the hearing will commence in earnest not later than Friday, May 22nd.

I invite cordially that fellow Members of this House make their communications here in this Committee exclusively in place of any other medium, if not to each other then at least to me.

Any other Citizen of Talossa may speak here without qualification, provided that they first seek and receive confirmation of that privilege from myself or the Mençei. For this purpose, a PM is preferred.




To my esteemed colleagues of this right honorable House, greetings:

Having received of the Senator for Maritiimi-Maxhestic on the 22nd day of April of this year

a nomination of S:reu Alexandreu Davinescu
to the Uppermost Cort of the Kingdom of Talossa;


and,

Seeing the necessity of a hearing on the matter,
In respect of our traditions,
By veneration for our Duties to this Nation, and
For the purpose to see due process and undertake just scrutiny;

I, as our incumbent Deputy Mençei, do hereby convene

a Special Committee
to consider and report upon the qualifications of the Nominee.





Rules of this Special Committee:

1. The Members of the Committee shall be exclusively the duly elected and seated Members of the Senate of the Kingdom of Talossa. None else shall have equal privileges.

2. The business of the Committee shall not preclude the Senate from conducting its normal business.

3. The Mençei shall be the Chairman of the Committee, and the Deputy Mençei the Deputy Chairman, who shall have plenary and conclusive powers upon and during all its business.

4. The sole purpose of the Committee is to realize a public hearing of the nomination of S:reu Alexandreu Davinescu to the Uppermost Cort of the Kingdom of Talossa, and its powers shall extend not beyond the scope or the bona fide interests thereof.

5. The sole goal of the hearing of the Committee is to scrutinize the qualifications of the nominee and ascertain his ability or fitness to service as a Puisne Justice of the Uppermost Cort. The Committee shall report its findings on those matters to both the entire Senate and the public of Talossa at large.

6. The Committee may elect in its ultimate report whether to endorse for or to endorse against the nomination, but it shall be not requisite or binding. The Committee shall be adjourned sine die upon the deliverance of its report to the Mençei or Deputy Mençei.

7. A Quorum shall be unnecessary, but the power to make finals decisions with respect to the Committee or its business shall be reserved to the Chairman and Deputy Chairman.

8. The Chairman or Deputy Chairman shall publish and maintain a schedule for the hearing, which shall control the sequence, time, and privileges of speeches. The schedule shall be impermanent and respond accordingly to ongoing circumstances.

9. Any Member of the Committee or non-Member who may wish to speak during the hearing shall make a request for it at least two (2) days in advance to the Chairman or Deputy Chairman, who shall approve, modify, or deny the request publicly.

10. Members of the Committee shall have precedence in all manners over non-Members with regard to the sequence, time, and privileges of their speeches. Each Member shall have no less than one equal opportunity to speak with regard to other Members.

11. Speeches shall be germane, and shall be inquisitive of and directed to the nominee. Questions shall be asked of the nominee and answers provided by him, and the dialogue between the nominee and the speaker shall remain courteous.

12. A Member of the Committee may invite guests to use up some or all of a scheduled speech, but sufficient notice thereof shall be given in advance to the Chairman or Deputy Chairman. Guest speakers shall respect this privilege, which may be denied by the Chairman or Deputy Chairman in whichever manner they find proper.

13. The Committee shall begin its business immediately, but the first scheduled speech of the hearing shall occur not sooner than Friday, May 22nd, 2020/XLI.

14. The first speech of the hearing shall be reserved to the nominee himself, unless he reject this privilege knowingly and willfully, so that he may make his own introduction. The Chairman or Deputy Chairman may invite that the nominee make the final speech.

15. The Committee shall finish its business and submit its report to the Senate and the public of Talossa at least before if not sooner than Monday, June 15th, 2020/XLI.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on May 16, 2020, 06:33:14 PM
Azul.  I would like to thank the senators for their time and commend them for their duty, since holding these new hearings is an interesting and fun thing to do -- and that makes them good for the country, even beyond their value as hearings.

I'm not sure what might be considered qualifications for this office, but Dama Litz and the Royal Talossan Bar bestowed a Bachelor's in Talossan Law on me in 2012.  I have been a practicing lawyer for something like ten years now, having represented clients in a dozen or so cases, including several that went through to trial.

Beyond that, I have some accomplishments.  I organized the creation of our national legal code, el Lexhatx.  I have held positions in both government and the royal civil service, including the Seneschalsqab.  I have been involved with many cultural endeavors, such as writing much of the wiki and organizing the modern timeline of Talossan history.  In addition, I created and edited the newspaper Beric'ht Talossan for a couple of years, setting a tiresome number of records (biggest organization, first corporation, etc) but also never missing a single biweekly deadline.  There's more, but it's boring and braggy to just list things like this.

Recently, the Seneschal asked me if I would be willing to serve on the Cort.  I am.

If you have any questions, I will try to answer them.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Béneditsch Ardpresteir on May 22, 2020, 04:39:52 AM
Azul !

I have no questions to ask, but to say a few words I rise...

Having stayed together, under the same roof, for quite a few days in a year, added to our once frequent communications on various platforms, apart from representing me in a few matters, I know for certain that as a person, and as a man of law, S:reu Alexandreu Davinescu is one of the most able and fit candidate to hold the post of a Talossan Judge of the CpI, unlike the faith I repose in certain past and present Judge(s). The person actually lived in Talossa and lived on the frequent whiffs of Talossan air. Have seen him finishing his dissertation on my desktop computer, whilst keeping a pane open for Talossa.

However, at the same time I must say that he has been one of the greatest administrators of the Nation, whether leading from the front or giving strength at the middle. Had it not been for a sudden busy life with work and 3 kids coupled with some very unfortunate incidents caused by some wily Talossan(s) who tried to invade his personal life and create havoc, we wouldn't have to see a situation when our great AD looked at the Witt once in a while. In fact there should be a ban on such individuals from joining Talossa later as 'returning citizens'. KR1 was practically turned out on return, but there must be a proper 'Banishment' law(s) and list in place so citizens and legislators from time to time become aware of such people.

He is in fact the perfect choice for any replacement, if the need arises. if in future you want to change your SoS, Sreu AD is your man; if you want to change your Who's Who in What Not positions, Sir AD is your best bet.
 
I hope to continue to be part of Talossa, and would wait for such a time when he disbands the reclusive habits of the CpI Justice, run the Nation, and help in the protection of the Monarchy that our nation inherently is.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on May 25, 2020, 07:18:44 PM
I wish cordially to remind the nominee and the Senator for Maricopa that their speeches were made out of turn, though without any intent to admonish. In fact, I thank them both sincerely for taking the time to speak and participate.

For the remainder of the public who may be interested in this hearing, I would like now to point out Rules 9 and Rule 15 of this Special Committee:

Quote9. Any Member of the Committee or non-Member who may wish to speak during the hearing shall make a request for it at least two (2) days in advance to the Chairman or Deputy Chairman, who shall approve, modify, or deny the request publicly.

Quote15. The Committee shall finish its business and submit its report to the Senate and the public of Talossa at least before if not sooner than Monday, June 15th, 2020/XLI.

There are approximately two weeks yet for this hearing to dispatch its business. Any citizen is welcome to speak, provided that a request is made in advance. Please know that I have waited to make a schedule, but seeing that no requests have been made to speak, there is unfortunately no schedule to publish.

On that note, I intend myself to speak and ask questions of the nominee. I will announce that intention formally at least two (2) days in advance; I am stalling my own speaking time so that others may enjoy the privilege to speak sooner.

Finally, I reiterate that if you are a Senator and wish to contact me on the matters of this hearing I request cordially that your contact be made publicly in this Committee; and, furthermore, if you are a non-Senator and wish to contact me, that you do so via PM.

Thank you so much.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on May 30, 2020, 10:40:35 AM
Having received an intention to speak only from the honourable Eiric S. Bornatfiglheu MC, seeing fit that this hearing should conduct itself in some manner rather than none, and wishing to witness due process and just scrutiny, I do now announce an impermanent schedule which may be so modified as necessary:

Commencing tomorrow on Sunday, May 31st, and until the end of Tuesday, June 2nd, the honourable Eiric S. Bornatfiglheu MC shall have exclusive time to ask questions of the nominee, S:reu Alexandreu Davinescu, who may be obligated to answer them in a timely and speedy manner.

Commencing on Wednesday, June 3rd, and until the end of Friday, June 5th, I, the Senator for Florencia, shall have the same as before mentioned.

My invitation to others, that they may request and receive time to ask questions and receive answers of the nominee with respect to his nomination to the Uppermost Cort of Talossa, remains in effect. In particular I would like to invite for speaking the Seneschal, the Senator for Maritiimi-Maxhestic and the Senator for Vuode, but they should affirm their desire to speak.

Thank you.




EDIT: Commencing on Saturday, June 6th, and until the end of Monday, June 8th, the Senator for Maritiimi-Maxhestic shall have the same as before mentioned for myself.

Going forward, in the interests of remaining time, I am likely to recognize speakers for smaller periods than 3 days. Accordingly I recommend that whosoever may wish still to speak have questions in mind before their speaking time, so as not to crowd out others who may wish to speak afterwards.




EDIT2: Commencing on Tuesday, June 9th, and until the end of Thursday, June 11th, as according to standard Talossan time, the incumbent Seneschal, the most honourable Dame Miestrâ Schivâ, UrN, shall have the same as before mentioned for myself. However, in consideration of the conflicting timezones, this time may be extended if the Seneschal makes so a request, so that a sufficient numbers of questions may be asked and a quality of answers be given.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Eiric S. Bornatfiglheu on May 31, 2020, 03:02:33 PM
Many Thanks, Senator del Val.

Estimat Nominee Davinescu, could you possibly begin by summing up your judicial philosophy in regards to Talossan Law?  How might your approach interact with the philosophies of your potential colleagues on the UC Bench?
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on May 31, 2020, 07:01:13 PM
I like the idea of doctrinal interpretation -- a focus on the principles of a particular case and the relevant precedent.  I think this should have special relevance for Talossan law because of it has been such a scattershot field, with very few consistent practitioners over time on either side of the bench.  This results in a fundamental inequity, since any case can be decided on any conceivable theoretical basis and there is very little surety under the law.  That's a problem, since it means Talossans sometimes lack even the most basic knowledge about what their laws permit.  Is such-and-such a crime?  If there's even the slightest ambiguity or contradiction in the wording of the law, then it's a crapshoot.  And while that happens under any legal system, Talossa has shown an unusual degree of instability.  Establishing clear precedents and tests based on the fundamental principles at hand, supported by a majority of the Cort will help alleviate that.

That's all very broad, but it's a broad question -- if you have any further questions on any particular point, I'd be happy to elaborate.

I do not know exactly how this approach will interact with the philosophies of other potential justices, but I would be surprised to find any difficulties.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Eiric S. Bornatfiglheu on June 01, 2020, 09:56:51 AM
Thank you.

What are the qualities you find most important for a Talossan jurist?  Can you speak to how you cultivate these qualities in yourself?

What do you foresee as the role of the Talossan Bar Membership in developing this consistency you mentioned in your previous answer?  The CPI bench can obviously do this through ruling and opinion.  How might the "lawyer class" contribute to this process?

Can you speak to the fact that Talossan law will most likely remain in the hands of "enthusiastic amateurs?"  Is this a strength or deficit? 
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 01, 2020, 12:15:55 PM
I think that the most important qualities for a Talossan jurist are respect for procedure and respect for history.  I am not sure that I am actively cultivating either quality, so to speak, but I do possess an abundance of both.  Procedure makes Talossan law both fair and interesting; the former because it allows for clear expectations and opportunities for fulness of argument, and the latter because it helps give Talossans a reason to be Talossan.

I think that the Talossan Bar will look to the example of judges.  If justices show that they value clear arguments based on principle and precedent, then that is what lawyers will learn to present.  The lawyer class can contribute most of all by simply existing more than they do.  There are almost no active lawyers in the country.

It is certainly a strength that Talossan law is accessible to amateurs, and it should always be thus.  Being able to do Talossan law is one of the fun things to do in Talossa, and so it's good for the country that we allow those who haven't gone to formal law school to be involved right from the start.  There are few activities in which a new Talossan can engage, and so it's important to preserve them where they can be found.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Eiric S. Bornatfiglheu on June 01, 2020, 03:31:02 PM
Thank you.  Could you please expand on what precisely you mean by "respect for history?"


Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 01, 2020, 06:02:24 PM
I don't mean anything much deeper by the phrase than the surface: it is important to know what has happened in the past before trying to help guide the law into the future from the bench.  This principle is admittedly less important these days, since so much has been set aside and done anew, and since it looks likely that trend's going to continue.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Eiric S. Bornatfiglheu on June 01, 2020, 06:39:36 PM
Thank you.

Could you possibly expand on this further?  You've been an outspoken opponent to major legal reform, are you submitting that reformers don't know what has come before?  It seems to go deeper than that.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 02, 2020, 08:59:13 AM
I'm not sure if I can usefully expand further on the importance of a respect for history, although I'd be happy to answer any specific questions you might have on the topic.

I have been an outspoken opponent to some recent efforts at legal reform, true, because I have thought they had significant problems.  For example, I thought it was probably a bad idea to recreate the magistracy without fixing any of the issues that had led to its original repeal -- it seemed to me that those issues would again be a problem.

I'm not sure I would say that the reformers didn't have a respect for history per se.  A generic criticism of one effort doesn't translate to the blanket judgment of a person.  If I was playing basketball with someone and they threw an elbow, I might call that uncool, but that doesn't necessarily mean they are generally violent.

I'll also note that vocal criticism plays an important role, even when a bill passes anyway.  For example, a bill was just Clarked regarding inactivity on the CpI: https://wittenberg.talossa.com/index.php?topic=284.0    It intends to define the "inactivity" for which a justice may be removed from the Cort.  The bill was written and Clarked by the Seneschal, and it seems to have received little or no scrutiny.  That's unfortunate, because it seems to have at least one significant problem with its use of passive voice in the first operative clause: "A Justice of the Cort pü Inalt shall be declared inactive... if the Clerk of Courts ...  is unable to contact that Justice or does not receive any response to their enquiries, within 30 days."  This isn't necessarily a fatal flaw, but the bill and the law would definitely have been improved if someone had pointed out that this doesn't seem to say who gets to do the "declaring."  One might ordinarily assume it's the Clerk, but then that gives them a really easy way to kick judges off the Cort whenever they please -- and that's pretty dramatic.  I assume that the intent here isn't actually to make the Clerk the boss, but then... who gets to make this decision?  The Seneschal who selected the Clerk?

The above is not intended to pick on one slightly sloppy bill, since that sort of flaw can easily be fixed, but we could probably use more vocal opposition, not less.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Eiric S. Bornatfiglheu on June 02, 2020, 02:12:39 PM
Thank you.  I believe that exhausts my time.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on June 03, 2020, 08:07:05 AM
My heartfelt thanks to S:reus Bornatfiglheu MC and Davinescu for their courteous dialogue, and for the quality of questions and answers.

I am going to echo comments made in a previous hearing to a similarly situated nominee: Below is a barrage of questions, but it is not intended that you take much time to answer them. Please take care to answer truthfully and thoroughly, but succinctly.

(1) If you had the opportunity to live in the capital city of any sovereign nation, other than Talossa, which would it be and why?

(2) What are your views on derivativism versus peculiarism? Is Talossa a sovereign nation, or just a fun little club?

(3) What are the differences that you understand to exist between law and equity, in the context of justice? Do these differences exist in Talossa?

(4) Is "justice" a distinct and separate concept than law and equity? Is it instead the consequential result of law and equity? Maybe neither? Why?

(5) Do you speak Talossan competently? Why or why not?

(6) Should everyday Talossans make a point to learn the language? Why or why not?

(7) Should courts of record in Talossa make their proceedings available (whether during proceedings or in translations of their transcrupts) in Talossan? Why or why not?

(8) What are your favorite hobbies during freetime?

(9) Are you a reader, a writer, a speaker, or a listener?

(10) Do you have a favorite podcast to recommend?

(11) What would be three books, articles, or other such materials that you might recommend to all of Talossa for reading?

(12) What sort of latitude should a judge exercise in his/her discretion while forming a judgement? Can a judge go "too far"?

(13) What is abuse of discretion? How can it be recognized by a lawyer or especially by a layman?

(14) What sort of consequence (other than the extreme of impeachment) should Talossa place on judges who may exercise abuse of discretion, commit plain errors, or otherwise cause a misapplication of the law?

(15) Whichever such consequences may be placed as in the above question, how should they be undertaken? Administratively, perhaps? But Talossan judges don't earn a salary. Perhaps Talossan judges should face no admonishment for their errors?
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 03, 2020, 10:12:54 AM
(1) If you had the opportunity to live in the capital city of any sovereign nation, other than Talossa, which would it be and why?

Washington, D.C.  I love the city and in my extratalossan hours I am a political activist, so it appeals.

(2) What are your views on derivativism versus peculiarism? Is Talossa a sovereign nation, or just a fun little club?

I'm a derivatist.

(3) What are the differences that you understand to exist between law and equity, in the context of justice? Do these differences exist in Talossa?

The law must be equitable in the sense that it applies to everyone equally, but equal application doesn't always result in equitable treatment.  That is to say: a single standard may perpetuate or even exacerbate underlying inequities.  These differences do exist here.

(4) Is "justice" a distinct and separate concept than law and equity? Is it instead the consequential result of law and equity? Maybe neither? Why?

They're all distinct concepts, however related.  I'm not sure I'd say that justice is simply the additive result of law and equity, since there are other factors at work (practicality, for one).

(5) Do you speak Talossan competently? Why or why not?

No.  I was learning very gradually, although I stopped a few months ago, when I lowered my "Talossa time."

(6) Should everyday Talossans make a point to learn the language? Why or why not?

They should try, since it's our greatest cultural treasure.

(7) Should courts of record in Talossa make their proceedings available (whether during proceedings or in translations of their transcrupts) in Talossan? Why or why not?

No.  It's impractical right now, since only two or three people could do that and no one would read them.  Even the law isn't in Talossan yet.

(8) What are your favorite hobbies during freetime?

Writing.

(9) Are you a reader, a writer, a speaker, or a listener?

A writer.

(10) Do you have a favorite podcast to recommend?

In Our Time with Melvin Bragg.

(11) What would be three books, articles, or other such materials that you might recommend to all of Talossa for reading?

Moby Dick by Melville, Pale Fire by Nabokov, and the Strategy of Conflict by Thomas Schelling.

(12) What sort of latitude should a judge exercise in his/her discretion while forming a judgement? Can a judge go "too far"?

The latitude available under the law is the exclusive range of latitude that should be or could be available to a judge.

(13) What is abuse of discretion? How can it be recognized by a lawyer or especially by a layman?

Abuse of discretion is, as I understand it, a judge acting out of turn during proceedings, favoring their own judgment above the facts or the law of a case.  I'm not sure of any obvious method for recognizing it, beyond noticing when a judge mostly cites their own reasoning rather than precedent, law, or argument.

(14) What sort of consequence (other than the extreme of impeachment) should Talossa place on judges who may exercise abuse of discretion, commit plain errors, or otherwise cause a misapplication of the law?

Practically speaking, probably none.  In time, if the judiciary grows sufficiently, then censure from a judicial panel might make sense.  But right now the entire active legal community is like four people.

(15) Whichever such consequences may be placed as in the above question, how should they be undertaken? Administratively, perhaps? But Talossan judges don't earn a salary. Perhaps Talossan judges should face no admonishment for their errors?

Censure.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on June 05, 2020, 05:02:25 PM
Sincere apologies for taking so long to follow up. Very busy days before the weekend.

(16) You said that justice is a distinct concept and not merely the "additive result of law and equity". If so, then what is justice and why is it distinct?

(17) Does a judge of a court of law (or even a court of equity) have the inherent, assumed, implicit, or perhaps self-evident power to overrule statutory law, the Organic Law, or other parts of the law if in the opinion of that judge it will serve "justice"?

(18) With respect to the above question: If 'no', then, is there a more appropriate response in Talossa than censure (perhaps impeachment?) when a judge may overrule laws in order to effectuate "justice"? However, if 'yes', please explain.

(19) Do you agree with, find tolerable, or otherwise endorse the findings of law of Ián Tamorán, in his official capacity as the presiding judge with respect to Request for Relief re. legality of non-Talossan name? Please explain in depth why or why not.

(20) What is your personally saddest moment in life outside Talossa that you feel comfortable sharing?

(21) What is your personally proudest moment in life within Talossa?

(22) Would you seek ever to invite Ben Madison back to active Talossan life?

(23) Skydiving, or deep-sea exploratory submarine?

(24) Do you see the Monarchy of Talossa as a positive institution? That is, is Talossa better off, worse off, or the same as a Republic?

(25) With respect to the above question: Does your answer prejudice you either way? If no, why not? If yes, does it follow, then, that you would have an impropriety and good cause for recusal if ever the nature, form, or conditions of the Monarchy laid before you in a case of the Uppermost Cort?

(26) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to reform the Judiciary, so that more "enthusiastic amateurs" may become admitted to practice (and enjoy) law in Talossa? Would you seek to collaborate affirmatively with S:reu Marcianüs on this endeavor?

(27) Pixar or Marvel?

(28) When have you been the most proud of Talossa's accomplishments?

(29) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to educate the broader public of Talossa about "the important legal cases in our past"?

(30) Do you have a favorite flavor or ice cream? If not, what is a favorite dessert?

(31) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to encourage the development and use of El Glheþ?

(32) What is your estimation on the merits of abolishing the Senäts?

(33) What is your estimation on the merits of making a "real" Cosa, such that there would be 15 seats (instead of 200) and each MC would have one seat (instead of multiple)?

(34) Have you ever sung the national anthem of Talossa?

(35) Do you deserve to be a judge on the Uppermost Cort? Why or why not?

That may well conclude my time, sir. Thank you in advance for your thorough and kind answers.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 05, 2020, 06:21:05 PM
(16) You said that justice is a distinct concept and not merely the "additive result of law and equity". If so, then what is justice and why is it distinct?

Justice is the administration of a system of law according to the best interpretation of the written law through the understood principles of a national system of beliefs.

(17) Does a judge of a court of law (or even a court of equity) have the inherent, assumed, implicit, or perhaps self-evident power to overrule statutory law, the Organic Law, or other parts of the law if in the opinion of that judge it will serve "justice"?

A justice may strike down any statute that contravenes the OrgLaw, and may strike down any provision of the OrgLaw that contravenes the Covenants.  They may not decide to overrule the above with their own judgment.

(18) With respect to the above question: If 'no', then, is there a more appropriate response in Talossa than censure (perhaps impeachment?) when a judge may overrule laws in order to effectuate "justice"? However, if 'yes', please explain.

That sounds pretty situational.

(19) Do you agree with, find tolerable, or otherwise endorse the findings of law of Ián Tamorán, in his official capacity as the presiding judge with respect to Request for Relief re. legality of non-Talossan name? Please explain in depth why or why not.

I haven't looked at the ruling since it was released, but as I recall, I disagreed with the ruling.  It seemed to contradict the use of the word "name" as used in the law, both in principle and even in the explicit text.

(20) What is your personally saddest moment in life outside Talossa that you feel comfortable sharing?

I was caught in the middle of the 2011 Christchurch quake.  The sadness of the situation -- slogging through liquifaction past bloody bodies and drinking trucked-in water -- was mediated by the need to get things done, but that's probably the worst thing I'd care to share.

(21) What is your personally proudest moment in life within Talossa?

Passage of el Lexhatx with unanimous support from both houses of the Ziu, after months of hard work.  I know it won't last forever, since nothing does these days, but it made me happy when it happened.

(22) Would you seek ever to invite Ben Madison back to active Talossan life?

Sure.

(23) Skydiving, or deep-sea exploratory submarine?

I have done neither, yet.

(24) Do you see the Monarchy of Talossa as a positive institution? That is, is Talossa better off, worse off, or the same as a Republic?

It is a positive institution, and it is better to have a Kingdom than a Republic.

(25) With respect to the above question: Does your answer prejudice you either way? If no, why not? If yes, does it follow, then, that you would have an impropriety and good cause for recusal if ever the nature, form, or conditions of the Monarchy laid before you in a case of the Uppermost Cort?

I am sure I am "prejudiced" in the sense that I am positively disposed towards any institution that I think is a good thing.  But I do not think my prejudice in this matter rises to the level that would unduly influence my judgment.  This is especially true in Talossa, which has extraordinarily high standards for recusal.

(26) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to reform the Judiciary, so that more "enthusiastic amateurs" may become admitted to practice (and enjoy) law in Talossa? Would you seek to collaborate affirmatively with S:reu Marcianüs on this endeavor?

I do not yet have any plans.  I did not plan on being appointed to this position.  I'll be open to suggestions.

(27) Pixar or Marvel?

Pixar.

(28) When have you been the most proud of Talossa's accomplishments?

Reunision.

(29) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to educate the broader public of Talossa about "the important legal cases in our past"?

Probably just put together a book on the matter, which has been my modus operandi (like with my book on the code of law, before el Lexh).

(30) Do you have a favorite flavor or ice cream? If not, what is a favorite dessert?

I like burnt sugar & butter ice cream.

(31) What may you do, if ultimately confirmed and appointed to a seat of the Uppermost Cort, in order to encourage the development and use of El Glheþ?

I do not yet have any plans for anything when it comes to the position, but off the top of my head, I would probably begin using Talossan for courtroom direction and orders.

(32) What is your estimation on the merits of abolishing the Senäts?

It seems unwise.  There are very few checks on the power of a Cosa majority under current law, and so the minor speedbumps that remain should be retained.

(33) What is your estimation on the merits of making a "real" Cosa, such that there would be 15 seats (instead of 200) and each MC would have one seat (instead of multiple)?

It seems as though that would exclude smaller parties, further consolidating power in the hands of a few.

(34) Have you ever sung the national anthem of Talossa?

No.

(35) Do you deserve to be a judge on the Uppermost Cort? Why or why not?

I'm not sure what "deserve" means in this sense.  The word implies a just reward for merit or service, and that's not really the role of the office.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Ian Plätschisch on June 07, 2020, 08:11:49 PM
1. Have you reviewed Justice Marcianüs' new program for reforming how the CpI runs itself? If so, what are your thoughts on it?

2. Does any Talossan jurisprudence stand out as particularly important to you?

Regards to the nominee and the Deputy Mencei.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 07, 2020, 08:48:29 PM
Yes, I read the releases.  I did not study them in detail, but as I recall, they seemed unobjectionable in striving for consistency.

There are many important cases, even with the 2017 culling.  The petition to vacate ESB's conviction established some new principles of Talossan justice.  14-03 (the wiki case) included some of the first precedents regarding privacy and contracts in Talossan law.  And 13-01 established that Talossa was officially a "micronation."
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Miestră Schivă, UrN on June 09, 2020, 12:04:58 AM
Okey-dokey colleagues, I believe that it's my turn now. Thanks for participating, Sir Alexandreu.

INTRODUCTORY REMARKS

Talossa is a country which, much like the United States, has a very strong judiciary, co-equal with other branches of Government. Something that I don't like in the United States, however, is how very partisan the Supreme Court has gotten - i.e., whichever party in power nominates SC justices whose jurisprudence aligns with that party's politics. This was historically the case in Talossa as well - in pre-Internet days, King Robert I used to explicitly nominate "Left, Right and Centre" justices.

I am not a fan of this form of justice. This is one reason why I nominated you; not only because of your undoubted talent as a lawyer, but also because you disagree politically with just about anything that the current Government does and believes in. The current Government has no interest in packing the Cort; we have an interest in competence, and you are legally competent in spades.

However, given that, I would also like to see the Cort acting collegially, working together to achieve strong jurisprudence, rather than dividing along partisan lines. All this leads me to:

QUESTION ONE

In your inital response to the news that this Government were going to nominate V. Marcianüs to the CpI (https://talossa.proboards.com/post/168691), you said as follows:

QuoteHow is he even going to work with a Cort stocked with two sitting justices for whom he has expressed mockery and harsh scorn?

Now is the time, I'm afraid, that I must turn this question back on you. To wit:

1) your insistence, expressed publically on several occasions until at least early last year, that Justice dàl Nordselva improperly communicated ex parte with myself (as acting Attorney-General) in the Cort cases around the "Proclamation Crisis", on no stronger evidence that he and I are both members of the Free Democrats of Talossa and thus of a closed Facebook group; an accusation which - as you well know - constitutes an accusation of massively unethical behaviour on behalf of the said Justice, and of myself. Bear in mind while you answer this that Justice dàl Nordselva is still a member of the Free Democrats and of that Facebook group, and so is Justice Marcianüs (as is former Senior Justice Tamorán, for that matter).

2) your extremely low opinion of Justice Marcianüs, as expressed ad tedium in many places, up to and including your questioning of him in his confirmation hearing to the CpI. Also of relevance is this post on the old Wittenberg (https://talossa.proboards.com/post/161711) where you strongly insinuate that now-Justice Marcianüs, as Attorney-General, was motivated to seek to vacate E.S. Börnatfiglheu's criminal sentence for purposes of partisan advantage, given that ESB was at the time a Free Democrat MC.

So: how are you even going to work with a Cort stocked with two sitting justices for you have either outright accused or strongly implied to be guilty of unethical or even corrupt behaviour? If you now resile from these accusations, do you feel you owe either or both Justices an apology?

QUESTION TWO

You already addressed in your answer to Senator dàl Val's question 25 the question of whether you would be able to be impartial re: cases involving the Monarchy. I would quite like you to expand on this question because being "positively disposed towards" the monarchy is not necessarily to be positively disposed to the current definition of the monarchy. For example, many Talossans support a depowered monarchy which would only intervene in governing in an emergency, such as that of England.

So I suppose I would like you to imagine a hypothetical with many similarities to that old "Proclamation Crisis" case. Say that the King takes an action based on an expansive view of his powers re: the elected parts of the Government, which is opposed by a broad majority of said elected officials. Given your Talossan-life-long devotion to "defence of the monarchy", would you be comfortable - if the law and the facts were to lead that way in your considered opinion - to declare a particular action which the King strongly defends to be ultra vires? Or would you think twice about weakening the Monarchy, upsetting His Majesty or - perhaps worse - giving succor to a  government or Cosa majority which you politically oppose?

QUESTION THREE

Returning to your questioning of now-Justice Marcianüs at his confirmation, you asked many questions about his judicial philosophy. In this hearing you have given some thorough answers to cxhn. Börnatfiglheu about your own philosophy, which I have read with interest. Given these two sets of answers, do you see significant differences in how you and Justice Marcianüs, philosophically, would approach a case and apply the law? I am comparing you to "V" only because he's the only other sitting Justice to have been required to give such an account of himself.

QUESTION FOUR

In your response to question 1 of Senator Plätschisch, you judge Justice Marcianüs' proposals for CpI procedural reform as "unobjectionable in striving for consistency". What then do you think should become of the 2006 procedures written by Admiral T. Asmourescu, which you refer to here (https://talossa.proboards.com/post/169023), and which I had honestly never heard of until you mentioned them?

Thank you, I believe that will be enough to start with.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 09, 2020, 08:32:30 AM
1. I think it will be fine.

For your first example, both the judge and one of the advocates belonged to the same private forum, where the advocate had been presenting arguments and a theory of the case privately, which the judge had been reading.  In my view, this was clearly inappropriate, but the whole Cort ruled very clearly that the practical constraints on our small Talossan community were too great to require recusal.

As to your second, I draw your attention to the post to which you linked:

"You are 100% right that I cannot know V's mind or whether or not it was to the advantage of the FDT to give you a seat. But regardless, you were given a seat by the FDT and V is a member of the FDT and he convened a hearing alone before a judge where he argued unopposed for your sentence to be curtailed. Those are the plain facts. Even if you are sure that there was nothing corrupt at work here, that doesn't mean that next time there won't be."

The cort felt that this was fine too, and now that, too, is precedent (albeit somewhat weaker).

I still think that both practices are not great.  It would have been better if Talossa didn't permit lawyers to argue their cases, unanswered, on private forums.  It would have been better if Talossa didn't permit the Government to revisit prior cases (of political allies or anyone else) and reargue them without opposing counsel.  But a lot of things have changed in Talossa in recent years, and these precedents are set.

2.  I'd feel fine ruling whichever I thought the law inclined.

3.  I do not recall his answers in enough detail to say, unfortunately.  I had no objections to his legal philosophy, however.

4.  They would be superseded, I imagine.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Miestră Schivă, UrN on June 09, 2020, 06:47:29 PM
Quote from: Sir Alexandreu Davinescu on June 09, 2020, 08:32:30 AM
For your first example, both the judge and one of the advocates belonged to the same private forum, where the advocate had been presenting arguments and a theory of the case privately, which the judge had been reading.

With respect, I utterly dispute that that was what happened, but I can't prove that you're wrong without opening up confidential discussions. Also:

QuoteIn my view, this was clearly inappropriate, but the whole Cort ruled very clearly that the practical constraints on our small Talossan community were too great to require recusal.

With respect, again, I believe this is distorting the history. The Cort in this case refused your request for recusal, without if I recall correctly giving a reasoning. You seem to be implying that the Cort did so because the shortage of other available judges, rather than that they disagreed with you that any ex parte communication occurred. Am I reading you correctly?

---

In any case, I want to use this as a springboard to a related but separate follow-up question.

It's very easy to open up conflicts in Talossa, but hard to resolve them. You may recall that the reason I decided to call for a "block" on the readmission of R. Ben Madison to citizenship is that he refused to accept that he had ever told falsehoods about other Talossans for political advantage - an admission without which it was impossible for the rest of us to forgive and forget. An example of this for myself was at one point I described a prominent Talossan who went on to help found the Republic as "a vicious, sycophantic, homophobic thug" - which was at least partly based on a lie I'd been told, and wholly uncharitable even though addressed to someone who was my political opponent at the time.

Conflicts often cannot be resolved without an admission of wrongdoing; and a Cort Justice who cannot admit to error, out of pride, is jurisprudentially dangerous. Thus, can you think of a time, in Talossa preferably but in your outside life if you want, that you were wrong about something; and you publicly admitted you were wrong and accepted the consequences?

QuoteI still think that both practices are not great.  It would have been better if Talossa didn't permit lawyers to argue their cases, unanswered, on private forums.

To give an example: if a member of the Free Democrats were to be arguing a case before the Cort, would you argue that they should not be allowed to mention the case in the private Free Democrat forum which is read by two CpI justices? As opposed to the voluntary code of conduct which prevails, i.e. that the Justices will not engage with any such thread?

Actually, there's a good question for you. The Cabinet has a Code of Conduct. Should the CpI have one, and how should it be enforced if so?

Thank you.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 09, 2020, 07:38:02 PM
My account of the case was the one that was publicly presented.  A potential litigant posted on a private forum about a suit currently in a judge's courtroom.  The judge advised him not to "fall for it."  I understand that Txec hadn't actually read the post, and was just reflexively advising the litigant not to agree to anything I might possibly be saying -- problematic in its own right, but beside the point.  Separately, you posted on a different forum about the case and some of your arguments and how difficult it was for you, to which you testified the judge also replied sympathetically.  My contention at the time was that these were inappropriate communications, but the cort found that no impropriety occurred, unanimously and without qualification, "given the small size of Talossa and the inevitable overlapping of people within public offices."  That was the reason given.  So that's that: the rule is set.

"[C]an you think of a time, in Talossa preferably but in your outside life if you want, that you were wrong about something; and you publicly admitted you were wrong and accepted the consequences?"

Sure.  I once passionately argued that MMP would diminish regional power, but I was just flat-out wrong.  Tafial and Luc explained why.  I saw what they were saying, admitted I was wrong, and moved on.  It's not a big deal.

"To give an example: if a member of the Free Democrats were to be arguing a case before the Cort, would you argue that they should not be allowed to mention the case in the private Free Democrat forum which is read by two CpI justices? As opposed to the voluntary code of conduct which prevails, i.e. that the Justices will not engage with any such thread?"

The precedent was set very firmly.  Absent some suit to the purpose with good reason to reconsider, it seems very clear that all of the practices you mention are completely fine under Talossan law.  Indeed, much much more would probably also be fine, as long as they fell within statutory requirements.

"The Cabinet has a Code of Conduct. Should the CpI have one, and how should it be enforced if so?"

There are already rules for judicial behavior in the law.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Miestră Schivă, UrN on June 09, 2020, 10:42:50 PM
Quote from: Sir Alexandreu Davinescu on June 09, 2020, 07:38:02 PM
The precedent was set very firmly.  Absent some suit to the purpose with good reason to reconsider, it seems very clear that all of the practices you mention are completely fine under Talossan law.

This is a nice "lawyers' answer", which reminds me of Republican nominees to the SCOTUS saying they agree that "Roe v. Wade is settled law". The tricky bit is that it won't be settled law if they get half a chance. Couple this with your question about the idea of a CpI code of conduct:

QuoteThere are already rules for judicial behavior in the law.

Unfortunately Talossawiki is down at the moment so I can't check that out for myself, but I hope that before this questioning is over, you could give us some citations.

Anyway, let's be more precise:

- do you believe that such behaviour as you described above should be excluded in future, either by law or by a CpI code of conduct or some other means? Of course you may answer "what I think on the topic doesn't matter", but I think the people of Talossa deserve to hear what you do think.
- are you going to be content to work with two fellow justices whom you believe to have behaved, shall we say, "in a manner unbecoming a Justice" and gotten away with it?

Thank you.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 10, 2020, 07:50:22 AM
I am not sure what answer I can give you on the question of ex parte communication that will satisfy you.  I intend to abide by precedent, as I have already said many times.  But that doesn't mean I can rule out a future case coming before the cort that addresses the issue, and because of that I can't speak definitively about the future.  The existing rules on the matter in question are G.12.1-3 and D.2.5.1.5-7, so you may look for yourself.  I am not interested in coming up with a code of conduct or anything like that.

I do not agree with the premise of your second question, especially since the quotes make it seem as though you're repeating rather insulting words that I did not, in fact, say.  I am not interested in gratuitously insulting them or anyone else.  And you must already believe that I'll be able to operate on the cort just fine, since you asked me if I'd accept a nomination out of the blue.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Miestră Schivă, UrN on June 10, 2020, 05:16:37 PM
Thank you. Your answers raise yet more supplementary questions, but we're running out of time, so this will be my last one.

What is your personal understanding of the legal term stare decisis? How would you apply it in a Cort judgement?
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 10, 2020, 06:59:23 PM
That's basically the principle of adhering to precedent.  To apply it, I would look at the underlying legal dilemma in a case and determine if a case had been previously decided on the basis of similar or related principles, then attempt to adhere to the same principles in my ruling.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Miestră Schivă, UrN on June 10, 2020, 07:05:01 PM
I believe that answers all the questions I had. Thank you for taking the time and effort to respond. Next batter up.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on June 13, 2020, 06:40:02 PM
Being satisfied that the Committee has finished its business to the best of the abilities, intents and purposes of the Members and the public, I do now invite the Nominee to make a final speech within the next 24 hours.




In addition, I would like to put on the table a motion to adjourn and submit a report to the whole Senäts, as follows:

QuoteThe Special Committee, convened in order to consider the qualifications of S:reu Alexandreu Davinescu, has considered the nomination thereof to the position of Justice of the Uppermost Cort of Talossa and, having considered such, recommends S:reu Davinescu affirmatively for the said position.

The Chair is entertaining debates, amendments, and votes on the above motion during the next 72 hours, at which time the question will be closed.

Acting individually, I vote affirmatively on the motion to adopt this report, and to recommend confirmation for the nominee, without debate or amendment.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Baron Alexandreu Davinescu on June 13, 2020, 07:57:08 PM
Thank you for everyone's time.
Title: Re: [Senate] Hearing on Nomination of Davinescu to Uppermost Cort
Post by: Açafat del Val on July 06, 2020, 10:49:03 PM
In consideration of the time which has unfortunately passed, but seeing that no other votes were made, I have taken liberty to introduce formally a resolution to the Hopper effectuating the nomination/appointment of S:reu Alexandreu Davinescu to the Uppermost Cort.

https://wittenberg.talossa.com/index.php?topic=342

Many thanks to those who spoke before this Committee and have thereby helped continue a novel but important tradition in Talossa.