Legislative proposal: A sloth-like Judiciary

[Breneir Tzaracomprada]

This issue has come up within the past year and I would like to see what options there are for a solution.

It is normal for judiciaries to move with careful consideration of their cases but we are moving beyond what is reasonable when cases take 2-3 months to resolve.

A famous maxim used by one citizen previously when discussing this very issue is "justice delayed is justice denied" so how do we make changes to the system to discourage and/or remove any incentives for delay? Are there any automated mechanisms litigants could make use of after a specific amount of time has elapsed to get their case heard?

[Miestră Schivă, UrN]

I would agree in broad outline with this. The problem with the judiciary in the post-KR1 era is that we began to exclude major political figures from the CpI. This was necessary due to the blatant corruption under KR1, where a single person could vote against a bill in the Cosă AND in the Senäts AND sit on the CpI to declare it inorganic. BUT: the corollary of this is that CpI judges are less active Talossans for whom our nation is not their top priority.

My solution to this way back when was to bring in the General Cort staffed with Community Jurists to act as a more efficient "court of first instance". The first thing we need to do is to nominate a couple more of those!

The second thing we need to do is tighten up the provisions of El Lexhatx G.11 for penalising judicial inactivity.

[Breneir Tzaracomprada]

My solution to this way back when was to bring in the General Cort staffed with Community Jurists to act as a more efficient "court of first instance". The first thing we need to do is to nominate a couple more of those!

The second thing we need to do is tighten up the provisions of El Lexhatx G.11 for penalising judicial inactivity.

I like this plan.

[King Txec]

Just as a note, Judge Owen Edwards has not responded to an open case in 78 days and Dame Litz has not responded to one in 56 days.

[Breneir Tzaracomprada]

I'm going to prepare something more formal now that there is some agreement on the problem and early discussion on solutions.

[Sir Ian Plätschisch]

I'm going to prepare something more formal now that there is some agreement on the problem and early discussion on solutions.

Here you go:

WHEREAS It has been more than 60 days since Judge X has acted, ruled, or appeared in [the name of an open case Judge X is assigned to]

THEREFORE Judge X is deemed to have retired according to Article VIII, Section 6 of the Organic Law and Lex.G.11.1

[Miestră Schivă, UrN]

I believe that there are now two CpI Judges in this category.

[Breneir Tzaracomprada]

Thanks Ian, I have added to the therefore clause that the cases be reassigned upon passage of the retirement acts.

It brings me no pleasure to enter into the Hopper the bill for Owen.

[King Txec]

The problem of course is by doing this we create 2 vacancies on the UC. Who will fill them?

[Breneir Tzaracomprada]

Hmmm, I honestly don't know but that is not a reason for inaction on the current issue. They are effectively vacant now.

[King Txec]

Hmmm, I honestly don't know but that is not a reason for inaction on the current issue. They are effectively vacant now.

Apologies if my question inferred that inaction on the part of the Ziu was relevant. I was simply posing the question out of concern for the CPI.

- Txec R

[Baron Alexandreu Davinescu]

It actually seems pretty relevant. If there's no other significant possibilities for the position, then working at retention and activity might be the way to go for now.

[King Txec]

It actually seems pretty relevant. If there's no other significant possibilities for the position, then working at retention and activity might be the way to go for now.

Having once sat on the CpI myself, I can attest that it can be a relatively boring position and frankly, I myself almost dropped off the national scene at one time during my tenure on the Cort. I don't have an answer to inactivity, however.

[Breneir Tzaracomprada]

I don't know why it is happening but we do have a problem with judges not fulfilling their duties with two cases now and a third recently. We should not retain judges who have demonstrated either an inability or an unwillingness to complete their duties.

I support moving forward with mandating retirement and putting effort into recruiting replacements should they be available or building capacity to replace them while the positions are vacant.

 

[Breneir Tzaracomprada]

I support moving forward with mandating retirement and putting effort into recruiting replacements should they be available or building capacity to replace them while the positions are vacant.

Glad to see the A-X's call for new community jurists and hope we will be able to expand the bench with hopefully some fresh faces.