[CLARKED] The Judicial Retirement Retirement Act

[Miestră Schivă, UrN-GC]

As 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.

[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.

[Sir Ian Plätschisch]

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

Oh, 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.

[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.

[Sir Ian Plätschisch]

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.

Sorry, was looking at the old version in a quote, not the final text. Need to read more carefully next time.

[Sir Ian Plätschisch]

@Baron Alexandreu Davinescu , would you be amenable to a subsequent bill (next term) that adds back in a modified 11.1.1 as follows:

"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 a Judge or does not receive any response to their enquiries within 30 days, they shall notify the Ziu. The Ziu may then certify that the judge is inactive and has vacated their seat."

[Baron Alexandreu Davinescu]

Sure, that would be great.  Sounds like a fair way to play it.