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Messages - Açafat del Val

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181
Florencia / Re: Nimlet election
« on: July 12, 2020, 01:48:18 PM »
...another reminder on my part that I need to update the Wiki with the new Constitution.

The relevant parts:

Quote
Section 4. Provincial Elections.

Unless the Nimlet have passed a resolution to the contrary which be limited to one election or referendum at a time, the Chancery of Talossa shall conduct each provincial election or referendum of Florencia as a matter of right, and this clause is for all intents and purposes a perpetual request to the Chancery for the same; provided that the Constable shall be responsible for this duty if the request be refused in good faith or the Chancery be practicably and actually unable to fulfill it.

The House of Shepherds shall be elected all at once for a term concurrent with that of the Cosa of Talossa, and the election for them shall be coincident with the General Election of the same, to be held on the same day in the same manner at the same times and places.

A qualified elector for the House of Shepherds shall exercise such vote by written ballot and indicate thereon an exclusive preference for one political party or, if without a preference, shall participate by abstention and indicate thereon the word “Present”.

Section 5. Composition of the House of Shepherds.

Whichever authority shall have conducted a provincial election for the whole House of Shepherds, either the Chancery of Talossa or the Constable of Florencia, shall publicly and at the same time, but not later than the tenth day following the certification of the same election:

   (a) Determine and fix the total number of seats for the new term of the Shepherds, which number shall be equal to the number of ballots returned in the election, less those returned and indicating “Present”, plus one additional seat for each incumbent Senator for Florencia, plus one additional seat for the Governor;

   (b) Apportion among those political parties, which have received votes in the election, their respective proportional share of the number of remaining seats with respect to their electoral performance, after the assignments to the Senators and Governor; and

   (c) Fix the date for the commencement of the session of the new Nimlet, to be not later than the thirtieth day following the aforesaid certification.

I suggest simply that the ballot instruct the voter to vote for a party or, to vote 'Present', as is the law. Beyond that, no other accompanying instructions are needed.

Though I remind the Secretary of State that, under Florencian law and pursuant to OrgLaw IX.3, he must also "determine and fix the total number of seats" and "apportion [the political parties'] respective proportional share of...seats" within 10 days of the certifying the election (among other things).

182
Wittenberg / Re: Announcing the L'Chronica Monthly Caption Contest
« on: July 07, 2020, 12:21:27 AM »
"And just like that, we discovered that cows could make pizza in more ways than one."

183
The College of Arms / Re: Updated/Redesigned CoA Image
« on: July 07, 2020, 12:03:18 AM »
I am not a member of the College but am able to produce half-decent vector images. Give me some time, and when I regain access to my main computer (I am out of state at the moment), I can cook it up.

In the meantime, a proper member of the College is free to do this also.

184
Wittenberg / Re: Dissolution of the 54th Cosa; Call for Elections
« on: July 06, 2020, 11:50:25 PM »
Out of sheer curiosity, can I ask whether the provincial authorities in Maritiimi-Maxhesti, Benito, Vuode and Cézembre will be conducting their own Senäts elections, or getting the Chancery to do so (with reference to OrgLaw V:7)? The Free Democrats need to know to whom to address our candidate registrations

Given the difficulty in having an election in Cézembre due to the absence of the Seneshal, I was recently appointed Senator and served for June legislation.  Should this condition persist, then perhaps I would again need to seek reappointment rather than election - it remains to be seen.

It seems that a Seneschal should be appointed with haste, or else the province will lack a Senator for the entire term.

IV.10 of the OrgLaw says: "If a Senator vacates his or her seat before the end of the term, the executive of the province shall appoint a Senator to sit until the next General Election or the next provincial election in that province, whichever is sooner, at which time the people of the province shall elect a Senator to serve the remainder of the term. If the provincial executive fails to appoint a Senator within a fortnight of the vacancy, the King or his Cunstavál shall appoint the Senator.

The key operative phrase is 'If a Senator vacates his or her seat', as opposed to 'Whenever a seat becomes vacant'. The King is not free to make an appointment in absence of the Seneschal if an election occurred and returned no senator. In other words, if no election somehow occurred, then John may not simply reappoint someone.

EDIT: III.7 of the 2017 OrgLaw has the same language, so my point still stands. I apologize for mixing up the OrgLaw versions.

185
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.

186
The Hopper / The AD on the UC Nomination
« on: July 06, 2020, 10:44:51 PM »
BE IT RESOLVED by the King, Cosa and Senäts in Ziu assembled that Alexandreu Davinescu be appointed to the Cort Pü Inalt, in accordance with Organic Law XVI.4.

187
Wittenberg / Talossa Safe in June 2020
« on: June 13, 2020, 07:58:45 PM »
Azul, everyone!

The company that I work for is based in the Milwaukee area, and I was up there this past week for some corporate meetings.

I made a point to visit the capitol building of Florencia last Thursday (picture below), and to tour the rest of Talossa. The Landmark Building is looking as strong as over, and I am happy furthermore to report - if anyone was worried at all - that Talossa is in great health despite the ongoing pandemic! Lots of activity, lots of beautiful flora and fauna, great weather, and many very kind cestours (although it was hard to socialize much with the masks on our faces).

Talossa is a beautiful country. We have a lot to be proud of. I for one am looking forward to the years that lie before us.

(And Florencia may well be the best province, if I do say so myself! ;) )


188
Florencia / Re: Nimlet Session
« on: June 13, 2020, 06:48:23 PM »
Seeing that this is the official thread for the ongoing Nimlet session convened on 22 December I will make any posts in continuance of the session here.

Pursuant to Article III, Section 4 of the Florencian Constitution I, Breneir Itravilatx, Governor of Florencia, do hereby place my signature for the Resolution to Amend the Florencian Constitution in Whole as duly approved by a vote of the current session of the House of Shepherds.

Pursuant to the same section of our Constitution I do also send this Resolution for consideration to our Constable.

/s/
Breneir Itravilatx

I believe that the Constable has failed to act upon the thusly presented Resolution. Therefore, pursuant to the following clause—

Quote
Should the Constable fail to act upon the resolution within a period of two weeks after the said delivery, the resolution shall be considered approved by the Constable, and, if legislative, shall be considered law.

—I do also believe that Florencia has officially a new Constitution!

If any opposition to this theory is absent before June 30th, then I will inform the Scribery and the Secretary of State of this great news. It will affect the Wiki as well as the upcoming elections.

¡Viva la Florencia!

189
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:

Quote
The 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.

190
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.

191
The Hopper / Re: REAL COSA 2020: A new model
« on: June 03, 2020, 08:26:18 AM »
We could amend the OrgLaw (or maybe we're due for a new OrgLaw altogether??) to allow for this 'Living Cosa' and then just leave the number of seats to be fixed by statute. Then we can increase or diminish the seats as needed and, if really needed, dissolve the Cosa prematurely so that we can clear out the cruft (so to speak).

Not enough warm bodies? Decrease the number of seats, then dissolve the Cosa for early elections.
Not enough seats? Increase the number of seats, then dissolve the Cosa for early elections.

Having said that, what will we do to ensure that one-man parties remain viable? Not to beat a dead horse, but I quite like that Mximo (and others) can serve in the Cosa all on their own merit.

192
Wittenberg / Re: This Darn Smiley Face
« on: June 03, 2020, 08:21:38 AM »
In fact, may I recommend that we change the "code" for ALL the smileys?

Code: [Select]
:) ;) :D ;D >:( :( :o 8) ??? ::) :P :-[ :-X :-\ :-* :'(
A colon and a parenthesis should or could be spaced with a hyphen. And three successive question marks is a common enough occurrence that a writer may prefer them over a smiley.

193
The Lobby / Re: Nomination to the UC
« on: June 03, 2020, 08:15:53 AM »
I have edited the original post concerning the schedule to reflect speaking time recognized and given to the Seneschal, a.k.a. Miestrâ Schivâ, UrN.

Quote
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.

194
Wittenberg / This Darn Smiley Face
« on: June 03, 2020, 08:09:37 AM »
Could you pretty, pretty please change the forum code so that...

Code: [Select]
8)
... does not result in a smiley face? As follows: 8)

Sometimes I'd like to write a list of numbers without a smiley face ;)

Quote
(1)
(2)
(3)
...
(8)
(9)

195
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?

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