The Judicial Retirement and Medals Removal Act

[Baron Alexandreu Davinescu]

The Judicial Retirement and Medals Removal Act

WHEREAS the judicial tenure section of the law is long and appears mostly pointless, and also it's weird to have these elaborate requirements for how we're supposed to address retired magistrates, and we should have simpler laws when we can, and

WHEREAS there should probably be only one class of Seneschal's medal, since I mean come on, plus honorifics are mostly a little silly unless extremely warranted, and

WHEREAS if these are bringing anyone real joy through their use, please just say so and we can keep them,

THEREFORE, section 11 of Title G, which currently reads:

11. Judicial Tenure.
Judges of the Uppermost Cort[121] 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 "Honourable 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, without needing to go through committee, 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[121] 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.

is replaced in its entirety with the following text:

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.
11.2. Every person appointed a judge to the Uppermost Cort[121] 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.

FURTHERMORE, subection 41.2.1.2 of Title F, which currently reads:

The Seneschal's Medals: The Seneschal's Medal is the highest award given by the government of Talossa. The Seneschal's Medal is awarded by the Seneschal for outstanding contributions to the Kingdom and are awarded in the following categories:
41.2.1.2.1. The Seneschal's Medal for the Arts – Honorific of SMA
41.2.1.2.2. The Seneschal's Medal for Science – Honorific of SMS
41.2.1.2.3. The Seneschal's Medal for Culture – Honorific of SMC
41.2.1.2.4. The Seneschal's Medal for Literature and Language – Honorific of SML
41.2.1.2.5. The Seneschal's Medal for Merit – Honorific of SMM

shall be replaced by the following text:

The Seneschal's Medals: The Seneschal's Medal is the highest award given by the government of Talossa. The Seneschal's Medal is awarded by the Seneschal for outstanding contributions to the Kingdom.

Uréu q'estadra så:
Alexandreu Davinescu (MC-PROG)

[King Txec]

The Judicial Retirement and Medals Removal Act

WHEREAS the judicial tenure section of the law is long and appears mostly pointless, and also it's weird to have these elaborate requirements for how we're supposed to address retired magistrates, and we should have simpler laws when we can, and

WHEREAS there should probably be only one class of Seneschal's medal, since I mean come on, plus honorifics are mostly a little silly unless extremely warranted, and

WHEREAS if these are bringing anyone real joy through their use, please just say so and we can keep them,

THEREFORE, section 11 of Title G, which currently reads:

11. Judicial Tenure.
Judges of the Uppermost Cort[121] 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 "Honourable 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, without needing to go through committee, 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[121] 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.

is replaced in its entirety with the following text:

11. Every person appointed a judge to the Uppermost Cort[121] 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.

FURTHERMORE, subection 41.2.1.2 of Title F, which currently reads:

The Seneschal's Medals: The Seneschal's Medal is the highest award given by the government of Talossa. The Seneschal's Medal is awarded by the Seneschal for outstanding contributions to the Kingdom and are awarded in the following categories:
41.2.1.2.1. The Seneschal's Medal for the Arts – Honorific of SMA
41.2.1.2.2. The Seneschal's Medal for Science – Honorific of SMS
41.2.1.2.3. The Seneschal's Medal for Culture – Honorific of SMC
41.2.1.2.4. The Seneschal's Medal for Literature and Language – Honorific of SML
41.2.1.2.5. The Seneschal's Medal for Merit – Honorific of SMM

shall be replaced by the following text:

The Seneschal's Medals: The Seneschal's Medal is the highest award given by the government of Talossa. The Seneschal's Medal is awarded by the Seneschal for outstanding contributions to the Kingdom.

Uréu q'estadra så:
Alexandreu Davinescu (MC-PROG)

What is your thinking behind removing all this?

[Baron Alexandreu Davinescu]

I don't think anyone uses the judicial retirement stuff, and I don't think we use the different varieties of medal enough to warrant their existence.

[King Txec]

Hmm, but that also removes the ability to retire a judge that has gone inactive. Is that your intent?

[Baron Alexandreu Davinescu]

Oh, no. I meant to retain that clause. Good catch, thank you.

[Baron Alexandreu Davinescu]

Okay, fixed.  Amusingly enough, looking up that provision is what drew my attention to that bit of the law in the first place.

[King Txec]

Oh, no. I meant to retain that clause. Good catch, thank you.

No problem.

[Sir Lüc]

Is there any particular reason why this bill seeks to repeal two (sets of) provisions that are entirely unrelated to each other? I should say this is perfectly permissible in Talossa, though bad practice debatably, but it strikes me as an odd choice to do this when there's no apparent reason not to Hopper two separate bills.

[Baron Alexandreu Davinescu]

No, no particular reason beyond the fact that they are related in spirit: two sets of laws that are unnecessary and unused.

You raise a good point that they could usefully be put into two bills for a separate consideration. I'll be happy to do that.