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Author Topic: The UC Inactivity Definition Bill  (Read 305 times)

Offline Miestră Schivă, UrN

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The UC Inactivity Definition Bill
« on: May 20, 2020, 02:37:58 AM »
WHEREAS Organic Law VIII.1 states:

Quote
The justices of the Cort pü Inalt and the judges of any inferior courts shall hold their offices for life (or until resignation), but may be removed by either a two-thirds vote in the Cosa with approval by the King and the Senäts or due to inactivity as defined by law.
(emphasis added);

and WHEREAS "inactivity" re: the CpI is nowhere defined by law at the moment:

BE IT ENACTED by the King, Cosă and Senäts in Ziu assembled that:

1. The following section shall be added to Title G of El Lexhatx:

Quote
A Justice of the Cort pü Inalt shall be declared inactive, and to have vacated their seat, within the meaning of Organic Law VIII.1 if the Clerk of Courts, contacting the members of the CpI to assign a case as described in El Lexhatx G.5.3, is unable to contact that Justice or does not receive any response to their enquiries, within 30 days.

2. The following amendment shall be made to El Lexhatx G.7.1:

Quote
Justices (or Judges) may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article XVI VIII Section 1 of the Organic Law. In such case, the Ziu shall stipulate whether the removal is punitive in nature or simply to compel retirement. In either case, such measure shall include a clear and objective narrative which highlights the misconduct or negligence which resulted in a punitive removal from office, or the merits and career highlights of a retired Jurist, respectively.
« Last Edit: May 20, 2020, 08:50:04 PM by Miestrâ Schiva, UrN »

Prime Minister of the Kingdom of Talossa. Ask me anything.

"IS INACTIVITY BAD? I THINK NOT!" - Lord Hooligan
"It probably would be a bit helpful if you resigned and became inactive..." - Sir A. Davinescù

Offline Açafat del Val

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Re: The UC Inactivity Definition Bill
« Reply #1 on: August 02, 2020, 11:06:14 AM »
This is a casual and friendly reminder that this particular bill will need to be rewritten in consequence of the new Judiciary Amendment. The relevant section thereof is:

Quote
Section 5.

A Judge shall remain on the Cort pü Inalt for the duration of their term, until they choose to retire, or, as prescribed by law, until such time as the Ziu shall remove him or her from their seat or until he or she can no longer perform their duties on account of incapacitation.

In the event that a sitting Judge of the Cort pü Inalt acts in a manner that offends the Ziu in the Judge's official and individual capacity, or is found guilty or has pleaded guilty to a crime in Talossa, a member of the Ziu may move for a Notice of Reprimand, which shall set forth an individual charge with the stated punishment contained therein, which shall not exceed removal from his or her seat as Judge.

To impose the sanction of removal, a Notice of Reprimand must receive, in addition to requirements of other legislation, two-thirds support in the Cosa and majority support in the Senate.

It seems that we may still set by law a requirement that judge be "active", however we choose to define it, and that we may still remove them for inactivity; however, we will need to change the mechanism.

Offline Miestră Schivă, UrN

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Re: The UC Inactivity Definition Bill
« Reply #2 on: August 02, 2020, 03:05:25 PM »
As Attorney-General, it would be good for you to go through El Lexhatx and make a big list of everything that needs to be brought up to date re: the Judiciary Amendment

Prime Minister of the Kingdom of Talossa. Ask me anything.

"IS INACTIVITY BAD? I THINK NOT!" - Lord Hooligan
"It probably would be a bit helpful if you resigned and became inactive..." - Sir A. Davinescù