[CLARKED] The Judicial Retirement Retirement Act

Started by Baron Alexandreu Davinescu, December 08, 2024, 09:22:28 PM

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Miestră Schivă, UrN

Quote from: Baron Alexandreu Davinescu on February 02, 2025, 10:23:16 AMAs the Clerk, I feel uncomfortable with that provision.  If I get no response, the appropriate thing for me to do is to tell the Ziu.

Understood; but removing this clause means that there is now no way to "force retire" a Judge unless they get assigned to a case first.

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Baron Alexandreu Davinescu

Yeah, that's a valid concern. But I would point out that they also are subject to the reappointment requirement every 5 years.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Sir Ian Plätschisch

#17
Quote from: King Txec on December 08, 2024, 11:41:36 PMHmm, but that also removes the ability to retire a judge that has gone inactive. Is that your intent?

Quote from: Baron Alexandreu Davinescu on December 09, 2024, 05:16:57 AMOh, no. I meant to retain that clause. Good catch, thank you.

So it would seem the clause was not retained and the bill's author has changed his mind on whether he meant to. See below.
Sir Ian Plätschisch, UrN, GST
Senator for Maritiimi-Maxhestic
Attorney-General and Minister of Finance
El Capitán da l'Altahál of the Royal Zouaves

Baron Alexandreu Davinescu

No, I fixed my error and added back in:

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.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Sir Ian Plätschisch

Quote from: Baron Alexandreu Davinescu on February 02, 2025, 05:09:38 PMNo, I fixed my error and added back in:

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.
Sorry, was looking at the old version in a quote, not the final text. Need to read more carefully next time.
Sir Ian Plätschisch, UrN, GST
Senator for Maritiimi-Maxhestic
Attorney-General and Minister of Finance
El Capitán da l'Altahál of the Royal Zouaves