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[TNC STATEMENT] Thank you, Talossa!

Started by Breneir Tzaracomprada, February 01, 2023, 09:14:06 PM

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Breneir Tzaracomprada

Bel Talossa, graschciăs cair voastra bacar!

Beautiful Talossa, thank you for your support!

The word "wow" has been bouncing around my thunderstruck mind for an hour now.
With your votes, you have given one party a mandate to govern for the first time in nearly a decade. With your voice, you have stood up for this Kingdom. With your vision, we are ready to deliver on a platform that places the important priorities of the Kingdom at the fore!

We started this campaign with a commitment to our political colleagues and to Talossans that we would run a positive and hopeful campaign focused on the priorities we hold most important. And thanks to the cordial conduct of the Free Democrats, the PdR, Dien, and the Parti Tafialista this campaign ended in much the same way it began. The election demonstrated that Talossa is blessed with a panoply of talent. And that we are capable of dialogue even when there are deep disagreements. I sincerely thank the outgoing Seneschal, @Ian Plätschisch, for demonstrating a sense of care and commitment to the Kingdom through his consistent competence. It is an example I hope to emulate in the coming months.

I also express my gratitude to @Baron Alexandreu Davinescu @xpb @Dame Litz Cjantscheir, UrN @Muhammed Yasir @Eovart Xhorxh @Bråneu Excelsio @Tric'hard Lenxheir @Carlüs Éovart Vilaçafat and @Txosuè Éiric Rôibeardescù for making the Talossan National Congress a vehicle for hopeful change.
A party leader's luck is as extensive as their team's talents. I tell you publicly what I have told you privately: You make me proud. And in the coming months Talossa will learn through your work just why.

To friend and colleague and adversary alike, I say, let's work together where and when we can for the betterment of the Kingdom. Let's continue the comity and cordiality of the campaign because there is much to be done. And let us not shrink before the challenges we face. Let us work harder than ever to make that sunlit dream of Talossa an ever more tangible reality.

Graschciăs Talossa!
Breneir

Miestră Schivă, UrN

I urge the King and the incoming Cosa majority to use the provisions of the just-passed 57RZ19 to establish a new Government with the utmost alacrity. The outgoing Government is keen to facilitate the changeover. (I should note that, re: the ministries of STUFF and Technology, the requisite passwords are all in the possession of the Permanent Secretary Lüc da Schir.)

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Ian Plätschisch

"We just stepped on their face with a hobnail boot and broke their nose! We just crushed their face!"
-Larry Munson, Georgia Bulldogs radio announcer

Carlüs Éovart Vilaçafat

I suppose this is as good a place to put this as any  ;D


Talossa, Talossa, land of red and green!
With ballots cast, and election clean,
The will of the people was heard and seen!


Talossa, Talossa, land of green and red!
On the shoulders of giants we now tread,
New dawn light begining to spread!


Talossa, Talossa, land for one and all!
It may be, that our Kingdom is small,
but the Talossan People will always stand tall!
Premieir of Maricopa
The Fulbright Fellow, Royal Talossan College of Arms
Member, Talossan Science Fiction, Fantasy & Whisky Society
Membreu dal Urderi dal Provinçù Soveran da Maricopa

Breneir Tzaracomprada

Quote from: Carlüs Éovart Vilaçafat on February 02, 2023, 07:02:57 PMI suppose this is as good a place to put this as any  ;D


Talossa, Talossa, land of red and green!
With ballots cast, and election clean,
The will of the people was heard and seen!


Talossa, Talossa, land of green and red!
On the shoulders of giants we now tread,
New dawn light begining to spread!


Talossa, Talossa, land for one and all!
It may be, that our Kingdom is small,
but the Talossan People will always stand tall!


This is beautiful, Carlus!

Carlüs Éovart Vilaçafat

Quote from: Breneir Tzaracomprada on February 02, 2023, 07:45:13 PM
Quote from: Carlüs Éovart Vilaçafat on February 02, 2023, 07:02:57 PMI suppose this is as good a place to put this as any  ;D


Talossa, Talossa, land of red and green!
With ballots cast, and election clean,
The will of the people was heard and seen!


Talossa, Talossa, land of green and red!
On the shoulders of giants we now tread,
New dawn light begining to spread!


Talossa, Talossa, land for one and all!
It may be, that our Kingdom is small,
but the Talossan People will always stand tall!


This is beautiful, Carlus!

Meirci!
Premieir of Maricopa
The Fulbright Fellow, Royal Talossan College of Arms
Member, Talossan Science Fiction, Fantasy & Whisky Society
Membreu dal Urderi dal Provinçù Soveran da Maricopa

Dame Litz Cjantscheir, UrN

Quote from: Carlüs Éovart Vilaçafat on February 02, 2023, 07:02:57 PMI suppose this is as good a place to put this as any  ;D


Talossa, Talossa, land of red and green!
With ballots cast, and election clean,
The will of the people was heard and seen!


Talossa, Talossa, land of green and red!
On the shoulders of giants we now tread,
New dawn light begining to spread!


Talossa, Talossa, land for one and all!
It may be, that our Kingdom is small,
but the Talossan People will always stand tall!

Wonderful - Couldn't have put it any better!
Litz Cjantscheir LLB, LLM
Senior Justice/Judge of the Cort Pü Inalt

Viteu

So we're cool with UC Judges politicking? Asking for me.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

Sir Lüc

Well, yeah, otherwise they wouldn't be allowed to sit in the Cosă to begin with. I wonder whose idea was that.

(Though, interestingly, according to Talomat the TNC is in favour of apolitical judges.)
Sir Lüc da Schir, UrB MC
Finance Minister / Ministreu dals Finançuns
Deputy Secretary of State / Distain Secretar d'Estat
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă
Directeur Sportif, Gordon Hiatus Support Team

Viteu

#9
Quote from: Lüc on February 03, 2023, 12:11:19 PMWell, yeah, otherwise they wouldn't be allowed to sit in the Cosă to begin with. I wonder whose idea was that.

(Though, interestingly, according to Talomat the TNC is in favour of apolitical judges.)

Cool. If any matter comes before the UC involving any challenge to the actions of the incoming Government or involves the election in any form whatsoever, no matter how remote, I fully expect SJ Cjantscheir to recuse herself sua sponte. I hope that the Cort's current inactivity continues, at least it relates to anything in which SJ Cjantscheir must recuse herself, given that we'd be down to two-to-three judges to adjudicate matters.  Brava.


Unlike others, I will continue to refrain from further politicking.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

Baron Alexandreu Davinescu

Quote from: Viteu on February 03, 2023, 12:18:35 PMCool. If any matter comes before the UC involving any challenge to the actions of the incoming Government or involves the election in any form whatsoever, no matter how remote, I fully expect SJ Cjantscheir to recuse herself sua sponte.
The law was specifically changed in recognition of the fact that judges often felt exiled to inactivity by their position, given how much of Talossan public life involves politics both directly and indirectly.  Accordingly, judges are now permitted to engage in partisan politics and work in the Government.

I'd generally presume the standard for recusal is the one set out for magistrates in the law, clearly: they "must recuse themselves from a matter upon a real or apparent conflict of interest."  The standard you're proposing for recusal seems unrealistically broad, and I don't see any real reason for it.  It essentially obviates the very change set into law to allow judges to participate in politics, in fact, since the vast majority of all Talossan cases involve the Government or elections.  It also flies pretty directly in the face of direct Talossan precedent affirmed by the full Cort, which has found that allowances must be made in our small community for close associations that might be taken in other contexts for conflicts of interest.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Miestră Schivă, UrN

#11
I should note that Justice V has taken the issue of judicial non-partisanship so seriously that he refrains from actively participating in Free Democrat internal forums. So, even if the argument holds water that UC Judges are allowed to be openly partisan, V is attempting to set a counter-example of good behaviour.

Meanwhile, the Secretary of State was under permanent political pressure in the last Cosa, with actual laws being filed to keep him under surveillance, for far less than this. I suggest a single standard of seemly behaviour for members of political parties in non-partisan official roles.

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Viteu

#12
Quote from: Baron Alexandreu Davinescu on February 03, 2023, 12:56:18 PM
Quote from: Viteu on February 03, 2023, 12:18:35 PMCool. If any matter comes before the UC involving any challenge to the actions of the incoming Government or involves the election in any form whatsoever, no matter how remote, I fully expect SJ Cjantscheir to recuse herself sua sponte.
The law was specifically changed in recognition of the fact that judges often felt exiled to inactivity by their position, given how much of Talossan public life involves politics both directly and indirectly.  Accordingly, judges are now permitted to engage in partisan politics and work in the Government.

When was Article VIII, section 3 of the Organic Law changed? Or is this some other law that was changed? If so, which and when?

QuoteI'd generally presume the standard for recusal is the one set out for magistrates in the law, clearly: they "must recuse themselves from a matter upon a real or apparent conflict of interest."  The standard you're proposing for recusal seems unrealistically broad, and I don't see any real reason for it.  It essentially obviates the very change set into law to allow judges to participate in politics, in fact, since the vast majority of all Talossan cases involve the Government or elections.  It also flies pretty directly in the face of direct Talossan precedent affirmed by the full Cort, which has found that allowances must be made in our small community for close associations that might be taken in other contexts for conflicts of interest.


The creative interpretation to the standard that you are proposing would allow Litz to vote for a statute just to turn around and require a litigant to force her to show her why her vote was wrong. That is an actual conflict of interest by any definition.

My standard aligns perfectly and naturally with the standard that you referenced. I am most certain that you would not feel comfortable with me being in the Ziu, voting against legislation proposed or supported by the Government, and then having someone else sue the State or Government about that legislation only for it to come before me on the Cort. It appears to me that you're attempting one standard for the TNC and another standard for everyone else. Perhaps you can prove me wrong by the TNC keeping its word in favor of apolitical judges.

Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

Baron Alexandreu Davinescu

Quote from: Viteu on February 03, 2023, 01:21:53 PMWhen was Article VIII, section 3 of the Organic Law changed? Or is this some other law that was changed? If so, which and when?

2015, I think it was?  Although then it was XVI.3, not VIII.  It originally prohibited judges from being MCs or Senators.  The MC part was repealed that year, and the Senator part a few years later.

Quote from: Viteu on February 03, 2023, 01:21:53 PMThe creative interpretation to the standard that you are proposing would allow Litz to vote for a statute just to turn around and require a litigant to force her to show her why her vote was wrong. That is an actual conflict of interest by any definition.

My standard aligns perfectly and naturally with the standard that you referenced.

I am most certain that you would not feel comfortable with me being in the Ziu, voting against legislation proposed or supported by the Government, and then having someone else sue the State or Government about that legislation only for it to come before me on the Cort. It appears to me that you're attempting one standard for the TNC and another standard for everyone else.

Listen, if someone votes on a bill, and then that law itself is challenged, that's one thing.  But you said she should recuse on "any challenge to the actions of the incoming Government or involves the election in any form whatsoever."  That's a much broader statement.  If it was just inelegantly expressed and you just really mean direct or apparent conflict of interest, that's fine -- that's not going to encompass, "hey you voted to make this a crime, you can't try me for the crime now."  Since again, that inherently invalidates the whole idea of judges being in politics.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Viteu

Quote from: Baron Alexandreu Davinescu on February 03, 2023, 02:54:41 PM2015, I think it was?  Although then it was XVI.3, not VIII.  It originally prohibited judges from being MCs or Senators.  The MC part was repealed that year, and the Senator part a few years later.

Org.L.VIII.3 expressly prohibits a UC Judge from being Seneschal or a member of the Cabinet. 

Quote from: Baron Alexandreu Davinescu on February 03, 2023, 02:54:41 PMListen, if someone votes on a bill, and then that law itself is challenged, that's one thing.  But you said she should recuse on "any challenge to the actions of the incoming Government or involves the election in any form whatsoever."  That's a much broader statement.  If it was just inelegantly expressed and you just really mean direct or apparent conflict of interest, that's fine -- that's not going to encompass, "hey you voted to make this a crime, you can't try me for the crime now."  Since again, that inherently invalidates the whole idea of judges being in politics.

Nope. Any legislation that is voted upon by a Judge of the UC who happens to also be a Senator or MC necessarily creates an actual conflict of interest if that legislation is challenged in court. It's that simple.  But the TNC's apparent about face is noted. Being as the TNC has adopted a strained definition of actual conflict of interest that does not align with its obvious meaning, I am re-entering Talossan politics and asking the FreeDems for one seat in the Cosa.

I want to personally thank the Talossa National Congress--specifically, @Baron Alexandreu Davinescu @Dame Litz Cjantscheir, UrN, and @Breneir Tzaracomprada--for personally inviting me back into Talossan politics. I did not realize how much you chaps missed me.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)