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- Request for Civil Inquiry
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| Request for Civil Inquiry; Alunya v Loftegen | |
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| Tweet Topic Started: Nov 4 2016, 07:40 AM (726 Views) | |
| Alunya | Nov 4 2016, 07:40 AM Post #1 |
Cat
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Complainant: Alunya Accused: Loftegen Offence: Harrassment (Unified Legal Code - Civil Code of the Republic of Lazarus, Article I, Section 1, Clause (b).) Summary of Events: On the evening of Sunday, October 30, 2016, the complainant Alunya briefly played the minigame Z-Day by researching hordes of zombies and subsequently unleashing them upon other residents of Lazarus. Alunya did so again in the early morning hours of Monday, October 31, 2016. While this may not be a popular way to play this minigame, it is not illegal nor a violation of RMB policies. On the morning of Monday, October 31, between 9:15 and 9:30 AM PDT, as the complainant Alunya was preparing to log on for another round of play, he noticed in the Regional Happenings that the nation [nation]Funkadelia[/nation] was ejected from Lazarus by Loftegen. Shortly thereafter a post from Loftegen appeared on the Regional Message Board stating that, "Horde Spammers will be ejected." A subsequent check of the Regional Happenings for ejections revealed that Loftegen had already ejected a number of (presumed) Horde Spammers. The complainant Alunya is well aware that under Mandate 9, Article II, Clause 4, "No person may be banned or ejected from the region without being publicly charged with a crime unless they have violated the rules of NationStates or the policies of the Regional Message Board." He is also aware that Loftegen is a Court Official who should be familiar with the Constitution and laws of the Humane Republic of Lazarus. He assumes that as a Court Official Loftegen has sworn an oath to "pledge my loyalty to Lazarus and her people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey." That the accused Loftegen was contravening the law gave pause to the complainant Alunya, who decided that discretion was the better part of valor, and declined to log on to play the minigame Z-Day as he had intended. A check of the activity levels of other officials in the Lazarene government indicated that none others were active, so there was no one but Loftegen to appeal to for redress. The threats made, and the follow through in ejections, were deemed by Alunya to be credible. Both Powthran and Funkadelia, well known and respected members of Lazarus, had already been ejected by Loftegen. Alunya felt that asking Loftegen not to eject him would likely result in summary ejection for being a Horde Spammer. As Alunya has been seeking to attain citizenship under Mandate 9, Article I, Section 2 since March 3, 2016, an ejection by Loftegen would eliminate almost 8 months of time served as a law-abiding, Sovereign-endorsing WA nation. Unlike a citizen, who is protected from loss of citizenship in the event of an involuntary departure from Lazarus, the complainant Alunya is afforded no similar protection in the event of an unwarranted and illegal ejection. Having already unleashed hordes of zombies, the complainant Alunya felt threatened by Loftegen's outright aggression against other Horde Spammers, and intimidated by his threat to eject the same, Alunya ceased playing the minigame as the accused intended. The complainant Alunya was fearful that Loftegen might discover Alunya's horde spamming, distressed that he might subsequently be ejected without any recourse, and discomforted that he would have to start all over anew, either in Lazarus or another region. Subsequent discover of evidence gathered for this complaint shows that Loftegen made earlier and additional threats against Horde Spammers, and carried out further ejections until he was stripped of Border Control by then-Sovereign Benevolent Thomas. Every ejection was of a nation that had unleashed hordes of zombies. Preliminary Evidence: Evidence that Alunya unleashed hordes of zombies Twelve (12) screenshots Evidence of threat from Loftegen to Alunya et al as members of the class of Horde Spammers Screenshot taken Nov. 1, 2016 at 9:32 AM PDT Evidence of all threats from Loftegen to Horde Spammers as a class Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:29 AM PDT Screenshot taken Nov. 1, 2016 at 9:29 AM PDT Screenshot taken Nov. 1, 2016 at 9:28 AM PDT Evidence that Loftegen ejected nations Screenshot taken Nov. 1, 2016 at 9:16 AM PDT Screenshot taken Nov. 1, 2016 at 9:25 AM PDT Evidence that nations ejected by Loftegen unleashed hordes of zombies The nineteen (19) nations ejected by Loftegen Evidence that Alunya has long sought citizenship under Mandate 9, Article I, Section 2 Original RMB statement of intent to seek citizenship by Mandate 9, Article I, Section 2 RMB post regarding anticipated date of citizenship Additional Notes: The complainant Alunya does not bring this matter to the Court's attention lightly. He is well aware that Loftegen is a popular figure, and that the Court, Government, and indeed the community of Lazarenes may be predisposed to close ranks to protect him. Alunya is also aware that as a resident, he is not permitted to make a criminal complaint nor a legal inquiry. As a wronged party, however, he is entitled to file a civil complaint. This should not be construed as an end-around; Alunya was harrassed by Loftegen (as were other Horde Spammers). He asks the Court to consider this complaint strictly in that light. Finally, although the evidence presented is strong enough to support a recall, or possibly a criminal complaint, Alunya makes no attempt to persuade or dissuade others from pursuing those avenues. He seeks only some form of redress for the harrassment he has endured.[edit_reason]Spelling errors[/edit_reason] Edited by Alunya, Nov 4 2016, 01:34 PM.
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| The Church of Satan | Nov 8 2016, 08:25 AM Post #11 |
I HAVE CHORTLES!
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Your inquiry is noted. As soon as we have a fourth judge we will be able to proceed. The delegate has been notified and we hope another judge will be nominated soon. |
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| Powthran | Nov 16 2016, 03:25 AM Post #12 |
Lazarene
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Any word on this. I don't see why we need another justice to move forward. If the Supreme court can run with 4 people, I think we can make some rulings with just two. |
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| Loftegen | Nov 16 2016, 06:26 AM Post #13 |
Supreme Autocrat
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The Mandate and the Unified Legal Code both require a minimum of three justices. If I'm recused from the case, we need a fourth judge to hear it. Edited by Loftegen, Nov 16 2016, 06:28 AM.
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| Frankender | Nov 16 2016, 06:55 AM Post #14 |
Hawk
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Being recused from [the] case is not something that is relevant to the constitution. We can render a decision without a third opinion; simply chose not to give an opinion on the matter and that constitutes the three justice requirement. |
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| The Church of Satan | Nov 16 2016, 08:54 AM Post #15 |
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I HAVE CHORTLES!
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Loft has to recuse himself, meaning he cannot preside over his own case. And any case is required, by law, to have 3 judges preside over it. A fourth judge, one that can be impartial in this case, is required given the circumstances. |
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| Frankender | Nov 16 2016, 03:46 PM Post #16 |
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Hawk
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Wrong. No where in the unified legal code does it state any regulations on being recused from a case. He can do what I said and it would work just fine. |
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| Roavin | Nov 16 2016, 05:16 PM Post #17 |
Whole lotta Roavin!
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That would be quite a crass violation of the spirit of the law though 
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| Frankender | Nov 16 2016, 07:34 PM Post #18 |
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Hawk
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I disagree. It is stupid to add another justice and then remove him for a single case. |
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| The Church of Satan | Nov 16 2016, 07:35 PM Post #19 |
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I HAVE CHORTLES!
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It would also cripple this court, for any case where a court official is the complainant or the accused, because a majority consensus among the presiding judges is required to make a ruling. If the 2 remaining judges had opposing opinions of what the ruling should be, the court would be deadlocked. A fourth judge is required in order for this court to function for such cases. EDIT: Who said anything about removing the fourth judge? Edited by The Church of Satan, Nov 16 2016, 07:36 PM.
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| Adytus | Nov 16 2016, 07:48 PM Post #20 |
Blessed of the Vale
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What kind of punishment would be delivered on Loft? |
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