| Where is the judge? | |
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Allikath County Councillor
Registration date : 2007-02-13
Character sheet SAS Status: Recruit
| Subject: Where is the judge? Wed Sep 19, 2007 5:08 am | |
| There have been 4 lawsuits awaiting a verdict from the judge for approximately 2 weeks now.
Where is the judge? Is there a reason the judge can not fulfill the duties awaiting?
If there is a problem and the job can not be done please let me know and I will assign someone else to the position who will do the job. | |
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Ellsbeth Admin
Registration date : 2007-02-17
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 12:58 am | |
| Well it is Nice of the Duchess to show up at last. You made no posts to council from after the 12th until the 16th and I had already notified Rebo ingame of the state of affairs with the court cases
The Judge has been waiting on the in game vote on the legal corpus since the vote here to change the laws meant changing the laws in game and as I explained to the Prosecutor there was going to be an issue with the verdicts that could be taken advantage of via appeal if we have two different versions of the law.
My verdicts have been awaiting that and as it appears that the ingame vote will not be happening before the election I will go ahead and render those this evening on my return and let the COA deal with the appeals on error of law
Lady Chardonnay had the version of the legal corpus that was approved here ready quite some time ago but it never was brought to vote in game so I held off on the verdict because the council had approved them here which meant we had 2 versions of the legal corpus approved by council.
The revised legal corpus voted ended here and has been sitting approved since the 7th. waiting on the Duchess to do her duty and post it ingame for a vote there and it was never tended to. | |
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Atri
Age : 44 Registration date : 2007-05-21
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 5:13 am | |
| I do hope that I don't become a pawn in some political battle here.
I agreed to have my name added near the bottom of the Recon list, never expecting to find myself on this council.
However, I am committed to doing my best in whatever role I am assigned, for the good of Somerset. I have no particular interest in either party’s success or failure. I have friends on both sides.
Lady Elsbeth, I was asked to render judgments on the pending cases [prior to your posting above.] I make NO pretense whatsoever that I am anywhere nearly as knowledgeable of the law as you. Few are, as you are perhaps one of the most qualified legal authorities in this county. I have done my best, and can only hope that I have made no serious errors. If I have, then I hope that EVERYONE remembers that MY expertise is pig farming, not law.
I have rendered decisions in 3 of the 4 pending cases, based on my best understanding of our legal corpus [the one in effect when the crimes were committed] and on the King's guidance for judges on sentencing.
Two cases were simple slavery cases where the defendants admitted guilt and offered restitution. If my judgments are appealed, I feel sure the verdicts will be upheld. They seemed straight forward to me.
The third case was an attempted robbery, with no real dispute as to the persons guilt. The defendant is currently incarcerated elsewhere, in Sussex I believe, and under a stiff sentence. I took that into consideration, along with LJS's guidance on not rendering sentences which would harm RK[the game] by being so onerous as to drive the accused player from the game. Again. I have done all that a pig farmer may do to fulfill my office, however temporary.
The final pending case [the "R4" case] is slightly less straightforward, and I would certainly be more than willing to defer that one to Lady Elsbeth, if the Duchess wishes to click the right button to relieve me of this duty. Believe me, I won't be offended. Lady Elsbeth, I would welcome your input on this case if you would PM me with it. Your insight and expertise would be most helpful and appreciated.
Soon, I will be just another private citizen. I must say that my brief tenure on this council has given me a unique insight into its workings. I will happily be returning to my pigs, where there is less squealing and grunting and far less manure being slung about.
Atri doing the best that a peasant girl can | |
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Ellsbeth Admin
Registration date : 2007-02-17
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 11:00 am | |
| Atri I am certainly at your service and do not in any way take issue with the change or your actions as The Duchess took it upon herself to make the change without making inquiry to me personally wanting to point fingers when she herself has been less than communicative with this council numerous times and takes issue with me personally.
which is not surprising since she has also refused to give approval to the transfer of a title from Past Duke Hypno to myself that he requested and received then HRH Brianna's approval during her Regency and which the COH has had approved by Lord DragonFlame and it remains disapproved only by the Duchess.
So you may rest assured I have no quarrel with you over this matter whatsoever as it is simply just another act of personal pettiness. I held those decisions based on a point of law and I let the Prosecutor know the why of the matter when he did make inquiry.
If there are any questions I can assist you with on the one case please feel free to ask and I will offer you whatever assistance you seek. I wish you most well. | |
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budicca
Registration date : 2007-02-20
| Subject: Re: Where is the judge? Fri Sep 21, 2007 1:19 pm | |
| - Ellsbeth wrote:
- Atri I am certainly at your service and do not in any way take issue with the change or your actions as The Duchess took it upon herself to make the change without making inquiry to me personally wanting to point fingers when she herself has been less than communicative with this council numerous times and takes issue with me personally.
which is not surprising since she has also refused to give approval to the transfer of a title from Past Duke Hypno to myself that he requested and received then HRH Brianna's approval during her Regency and which the COH has had approved by Lord DragonFlame and it remains disapproved only by the Duchess.
So you may rest assured I have no quarrel with you over this matter whatsoever as it is simply just another act of personal pettiness. I held those decisions based on a point of law and I let the Prosecutor know the why of the matter when he did make inquiry.
If there are any questions I can assist you with on the one case please feel free to ask and I will offer you whatever assistance you seek. I wish you most well. The fact that you would use a flimsy excuse for failing to do your duty and the fact that you are willing to discuss the deliberations and private communications of the COH in public, are enough to convince me that our Dutchess showed wisdom in denying Duke Hypno's request to transfer this title to you. You actions and in actions are not worthy of a Marquess! | |
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Ellsbeth Admin
Registration date : 2007-02-17
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 1:42 pm | |
| it is not an excuse it is a statement of Fact as Counsellor Rebo can attest to our exchange of this information many days past of which I have retained copies of his and my exchange for the record.
The legal conundrum caused by having one set of laws voted on and yet not enacted in game leaves Somerset with 2 valid legal corpus' approved by council and sets the precedent for any verdict rendered during this time to have immediate grounds for appeal so I held the verdicts waiting on the Duchess to act on the lawful vote here in chambers by setting the vote in game and she has not done so to date and apparently has no intention to do so. | |
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budicca
Registration date : 2007-02-20
| Subject: Re: Where is the judge? Fri Sep 21, 2007 1:51 pm | |
| - Ellsbeth wrote:
- it is not an excuse it is a statement of Fact as Counsellor Rebo can attest to our exchange of this information many days past of which I have retained copies of his and my exchange for the record.
The legal conundrum caused by having one set of laws voted on and yet not enacted in game leaves Somerset with 2 valid legal corpus' approved by council and sets the precedent for any verdict rendered during this time to have immediate grounds for appeal so I held the verdicts waiting on the Duchess to act on the lawful vote here in chambers by setting the vote in game and she has not done so to date and apparently has no intention to do so. We have only one legal corpus for Somerset. Untill we vote, in-game, on the other, it is not our legal corpus. The cases before you are simple things like slavery and are covered by our legal corpus. The new legal corpus, if approved in-game, will not put in jeapordy any verdicts based on the previous legal corpus, as it was the law of the land at the time! You are an intelligent player and I know you are aware of this most basic precept of the law; laws on the books at the time are the laws which apply, not the laws which may, in the future, be on the books! | |
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Allikath County Councillor
Registration date : 2007-02-13
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 2:04 pm | |
| - Ellsbeth wrote:
- it is not an excuse it is a statement of Fact as Counsellor Rebo can attest to our exchange of this information many days past of which I have retained copies of his and my exchange for the record.
The legal conundrum caused by having one set of laws voted on and yet not enacted in game leaves Somerset with 2 valid legal corpus' approved by council and sets the precedent for any verdict rendered during this time to have immediate grounds for appeal so I held the verdicts waiting on the Duchess to act on the lawful vote here in chambers by setting the vote in game and she has not done so to date and apparently has no intention to do so. There is no conundrum or conflict or grounds for appeal. The old laws are in act until there is an ingame vote and the new laws are posted in the somerset inn. Somerset law states that new laws are not retroactive. | |
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Ellsbeth Admin
Registration date : 2007-02-17
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 9:18 pm | |
| There are 2 versions of the legal corpus that are council approved. That does present legal grounds for error of law which is grounds for a COA appeal.
Your choice to not take the approved version to vote in game does not make it any less valid a vote on the version as it was lawfully voted on and by Somerset law the vote stands as it was conducted in the fashion dictated by law and now there are in fact 2 versions.
The new laws do not have to be retroactive to cause a legal loophole when there are 2 versions of the law present. That fact alone can be exploited in an appeal.
I waited for the vote in game to take place as it lawfully should have to ascertain all cases that were decided could not be appealed and the citizens of the county were protected from these criminals being able to appeal their verdicts.
Only NOW are you lawfully following through and placing the revised version for a vote in game 17 days AFTER they were lawfully voted on here in Council chambers. | |
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Allikath County Councillor
Registration date : 2007-02-13
Character sheet SAS Status: Recruit
| Subject: Re: Where is the judge? Fri Sep 21, 2007 10:42 pm | |
| There is no grounds for appeal to COA. The current laws are legally applicable until there is an in game vote and the new laws are publicly posted. An in forum vote does not validate a change in the legel corpus. | |
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budicca
Registration date : 2007-02-20
| Subject: Re: Where is the judge? Sat Sep 22, 2007 4:02 pm | |
| - Ellsbeth wrote:
- There are 2 versions of the legal corpus that are council approved. That does present legal grounds for error of law which is grounds for a COA appeal.
Your choice to not take the approved version to vote in game does not make it any less valid a vote on the version as it was lawfully voted on and by Somerset law the vote stands as it was conducted in the fashion dictated by law and now there are in fact 2 versions.
The new laws do not have to be retroactive to cause a legal loophole when there are 2 versions of the law present. That fact alone can be exploited in an appeal.
I waited for the vote in game to take place as it lawfully should have to ascertain all cases that were decided could not be appealed and the citizens of the county were protected from these criminals being able to appeal their verdicts.
Only NOW are you lawfully following through and placing the revised version for a vote in game 17 days AFTER they were lawfully voted on here in Council chambers. You certainly have a most interesting view of the law; totally erroneous, but interesting As for waiting to post the in-game vote it was precisely to avoid these kinds of conflicts, that she waited till near the change in Council. So that a new Judge could have the new Legal Corpus to work with, while the current Judge would be bound by our current Legal Corpus. Her mistake was in thinking that we could vote on all 4 books at once, an easy mistake to make. The new legal Corpus will be in effect soon after the new Council is seated. | |
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