(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.

(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.

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.

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.

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.

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.

I apologize for breaking the rules.  I was confused.  Rule 14 states:

"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."

The first speech is reserved to me, and in combination with the wording about the final speech, I assumed that you were simply waiting for me to proceed.  I didn't think that Rule 9 applied in this regard, but in the future I will request leave to speak when otherwise prompted by the rules.

So it was a simple misunderstanding on my part.  Won't happen again.

Just checking in -- I see that BenArd has posted a very kind statement.  Is there a schedule posted somewhere?

ESB, the rules say that you can.  Any senator may grant you a portion of their time.  Maybe message your senator asking for the opportunity -- I don't think anyone was turned away the first time they did this.

Senator dal Val, I put up my opening statement.  Please send me a PM if/when I get any questions, if you have a chance.  Don't want to miss any or cause anyone to lose their time, but I don't check Witt every day anymore (since these days, there's only a post or two a day).

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.

Sure.  I have a brief opening statement.

I don't know that you can force people to be interested in anything, no matter the good intentions.  I know that's been tried a lot, and it's never succeeded.  Every time there's been legit provincial activity -- here or in Fiova or wherever -- it's come from people just being interested in it on its own merits.  I'm trying to imagine the person who might enter the country because they're interested in the places with activity, and being told that they aren't allowed to get involved in those places until after four, five, six, or seven months.

Is it possible you could stop leaving the same notes repeatedly on the Digest of Laws?  It's insane to keep noting every month that the database is the primary source, or keep noting who the monarch is.  That's not actually useful information for anyone looking at the laws, and it makes it harder to look through the actual laws, and it makes the page way longer (and it's already a long page) for no reason, and you're just making more work for yourself.  I did it myself but had to roll it back, since I'm legally not allowed.  It's entirely your call what to do, but I just don't understand this.

Here is an edit with that stuff removed, to save you the trouble if you decide to go with my recommendation.  There's just the information that people come to the page for, neatly organized and presented: http://wiki.talossa.com/index.php?title=Digest_of_Laws&oldid=27246

If you want to be recognized for your work, maybe I could write a bill and get someone to sponsor it that will do the job?  Give you some special award or something?  The Wonderful Award for GV as Thanks for Amazing Dedication from a Great Talossan?  You certainly have done a ton and deserve it.

Take care of yourself, my friend.

I can be reached via PM here on Witt.