Assistant Arbiter.

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Erik Mortis
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Assistant Arbiter.

Post by Erik Mortis »

I hereby make Mike Fors Assistant Arbiter. Recognizing that said position doesn't actually exist, and until it does, this is an unofficial position.

The Assistant Arbiter will assist me on cases, issuing preliminary opinions on matters brought before the court, and providing additionally point of view on cases.

It is my intent to create this position officially through the Landsraad to act as my second should I not be available, and be allowed to take cases officially should I be unable or unwilling to take them myself for some reason. The position will require Kaiser approval, but will be appointed by the Arbiter.
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

Most gracious, your Honor. I will try to perform my duties to the best of my abilities. I will also polish the :smashy every day. :)
His Grace the Lord Brookshire, LK GMNS
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Kaiser Ayreon
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Re: Assistant Arbiter.

Post by Kaiser Ayreon »

*applauds*
Erik Mortis
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Re: Assistant Arbiter.

Post by Erik Mortis »

And with luck once this Kaiser thing is sorted out and I get the needed law written... wait....

You're first duty! Write a law to create your job! Put it in the lawbook. and make it not violate the charter..hehe
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

Time me...
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
Fan of SOAD
Malliki
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Location: Brookshire Hamlet

Re: Assistant Arbiter.

Post by Malliki »

First draft:
Under Chapter VII, section B:
6. The Arbiter may, with the consent of the Kaiser, appoint an Assistant Arbiter.
a. The Assistant Arbiter is to assist the Arbiter on cases, issue preliminary opinions on matters brought before the court, and to provide an additional point of view on cases.
b. The Assistant Arbiter shall act in stead of the Arbiter should the Arbiter not be available.
c. The Assistant Arbiter shall hear any case the Arbiter is unable or unwilling to hear.
d. When acting as Arbiter in the manner stated in b. and c., the Assistant Arbiter shall have all powers and duties of the Arbiter.
e. In 6. b., "not be available", and 6 c. "unable", shall be considered to mean either a stated leave of absence or if the Arbiter does not, within 48 hours, reply to an official question or case put before him.

I was first worried that this would violate the Charter, but since Article III, section A states that the Landsraad is to specify the precise operation and powers of the Judex, I think it's okay.
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
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hypatias mom
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Re: Assistant Arbiter.

Post by hypatias mom »

I have no standing in the Imperial Judex as a legal mind, but it looks like a carefully, thoughtfully crafted job description. Congatulations on your new job, Mike. I think you will do splendidly.
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

Thanks. :) Have some :moose, courtesy of the Judex. (Not for eating of course, for talking to and making funny faces at and for looking at)
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
Fan of SOAD
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hypatias mom
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Re: Assistant Arbiter.

Post by hypatias mom »

I see you have made the acquaintance of our renouned, exceedly shy, blue moose. Yes, he is very special. And I love to watch and talk to him in his specially prepared habitat here in Shirekeep.
Erik Mortis
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Re: Assistant Arbiter.

Post by Erik Mortis »

I am pleased. My only concern is in matters of Overruling decrees. While this power is granted to the Arbiter in the Charter, the charter says nothing of lesser positions in the Judex.

How would you reconcile this possible point?

Further, perhaps we can add a clause which would make the Assistant Arbiter the Arbiter, with the consent of the Kaiser, should the Arbiter step down.
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

The Assistant Arbiter would be acting as Arbiter, and in fact be Arbiter, albeit in an acting and temporary capacity. Thereby the Charter is not violated.
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
Fan of SOAD
Erik Mortis
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Re: Assistant Arbiter.

Post by Erik Mortis »

And since the Assistant Arbiter is appointed with the consent of the Kaiser, it means that it doesn't violate the part of the charter that says the Kaiser appoints the Arbiter. Further, the appointment is done by the Arbiter himself, who was appointed by the Kaiser. Thus a direct line from the Kaiser.
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

Exactly. :smashy
His Grace the Lord Brookshire, LK GMNS
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Duke of Brookshire, Baron of Lakhesis
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Scott of Hyperborea
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Re: Assistant Arbiter.

Post by Scott of Hyperborea »

He obviously deserves the position, but I wonder how it affects his ability to be a lawyer, should the need arise. Isn't it a potential conflict of interest?
Erik Mortis
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Re: Assistant Arbiter.

Post by Erik Mortis »

He would not be a lawyer for a case he's sitting on...
Malliki
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Re: Assistant Arbiter.

Post by Malliki »

Exactly. The law practice will be quite separate from my duties as Assistant Arbiter. I will not hear a case where I represent one of the parties, nor will I use the office to try to make personal gain from it. I do come under the supervision of the Arbiter.
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
Fan of SOAD
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