Request for Civil Inquiry

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Request for Civil Inquiry; Alunya v Loftegen
Tweet Topic Started: Nov 4 2016, 07:40 AM (723 Views)
Alunya	Nov 4 2016, 07:40 AM Post #1
Cat Posts: 142 Group: Members Member #280 Joined: Mar 4, 2016 Alignment Chaotic Evil Military Stance Uninterested Political Views Capitalist Nation in Lazarus Alunya	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 Screenshot taken Nov. 1, 2016 at 9:23 AM PDT Screenshot taken Nov. 1, 2016 at 9:23 AM PDT Screenshot taken Nov. 1, 2016 at 9:23 AM PDT Screenshot taken Nov. 1, 2016 at 9:22 AM PDT Screenshot taken Nov. 1, 2016 at 9:22 AM PDT Screenshot taken Nov. 1, 2016 at 9:22 AM PDT Screenshot taken Nov. 1, 2016 at 9:21 AM PDT Screenshot taken Nov. 1, 2016 at 9:21 AM PDT Screenshot taken Nov. 1, 2016 at 9:21 AM PDT Screenshot taken Nov. 1, 2016 at 9:20 AM PDT Screenshot taken Nov. 1, 2016 at 9:20 AM PDT Screenshot taken Nov. 1, 2016 at 9:20 AM PDT 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 [nation]The New Shadow Nation[/nation], Screenshot 11/1/2016 4:15 PM PDT [nation]Kvasnicka[/nation], Screenshot 11/1/2016 4:17 PM PDT [nation]Powthran[/nation], Screenshot 11/1/2016 4:19 PM PDT [nation]Harambe Lovers[/nation], Screenshot 11/1/2016 4:20 PM PDT [nation]D0000000000000000m[/nation], Screenshot 11/1/2016 8:47 PM PDT, Screenshot 11/1/2016 8:47 PM PDT, Screenshot 11/1/2016 8:47 PM PDT [nation]Min Kyrat[/nation], Screenshot 11/1/2016 8:49 PM PDT [nation]Focalin[/nation], Screenshot 11/1/2016 8:53 PM PDT [nation]Vonhold[/nation], Screenshot 11/1/2016 8:55 PM PDT [nation]United States of Mothers Against Sex[/nation], Screenshot 11/1/2016 8:57 PM PDT [nation]Aryaputra[/nation], Screenshot 11/1/2016 8:58 PM PDT [nation]Demeit[/nation], Screenshot 11/1/2016 9:01 PM PDT [nation]Wraendrar[/nation], Screenshot 11/1/2016 9:02 PM PDT [nation]Butter islands[/nation], Screenshot 11/1/2016 9:04 PM PDT [nation]Mugennation[/nation], Screenshot 11/1/2016 9:07 PM PDT [nation]Sensatia[/nation], Screenshot 11/1/2016 9:08 PM PDT [nation]Funkadelia[/nation], Screenshot 11/1/2016 9:11 PM PDT [nation]South barinia[/nation], Screenshot 11/1/2016 9:13 PM PDT [nation]Man and Sodor[/nation], Screenshot 11/1/2016 9:15 PM PDT [nation]The Unified Atheist League[/nation], Screenshot 11/1/2016 9:17 PM PDT 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.

Replies:
Andrew	Nov 28 2016, 06:46 PM Post #31
I wanna be a Dinosaur Posts: 895 Group: Accused Member #27 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Funkadelia Nov 28 2016, 07:49 AM Frankender Nov 16 2016, 07:34 PM I disagree. It is stupid to add another justice and then remove him for a single case. This is common practice in most liberal democracies. It is.



Altmoras	Nov 29 2016, 05:41 AM Post #32
Former Something Posts: 2,725 Group: Members Member #290 Joined: Mar 19, 2016 Alignment Chaotic Good Military Stance Defender Political Views Crazy Panda	Some kind of Juror/Temporary Hearing Officer provision could solve this methinks.



Alunya	Nov 29 2016, 06:01 AM Post #33
Cat Posts: 142 Group: Members Member #280 Joined: Mar 4, 2016 Alignment Chaotic Evil Military Stance Uninterested Political Views Capitalist Nation in Lazarus Alunya	The Church of Satan Nov 28 2016, 06:48 AM The law is clear. Three judges are required, no exceptions. Agreed. For those not familiar with the law, this is from The Unified Legal Code of The Repubic of Lazarus: Judicial Code of The Republic of Lazarus - Article II Article II - Judicial Inquiries (1) All Criminal, Civil and Legal matters will be dealt with via Judicial Inquiry. (2) All Judicial Inquiries will be conducted by a tribunal consisting of the Chief Justice and two Associate Justices. Because Loftegen has recused himself (as he should), but still remains a Justice, it should be pointed out that the following clause does not come into play: Judicial Code of The Republic of Lazarus - Article I Article I – Composition of the Court (1) The Court must consist at all times of a minimum three Justices, and a maximum of five Justices. Should the number of Justices fall below the minimum number at any time the Delegate must nominate replacements within seven days; should the Delegate fail to do so then the Speaker will open nominations to the floor of the Legislature. Thus we wait (perhaps indefinitely) for the Delegate to nominate a fourth Justice to the Court. There is no provision for removing said fourth Justice from the Court except by failure of a subsequent confirmation vote by the Grand Assembly at the approaching end of a three month term, or by recall: Judicial Code of The Republic of Lazarus - Article I Article I -- Composition of the Court (2) Justices serve a three month term dated from their confirmation by the Legislature. At the end of this period Justices are automatically sent to the Legislature for confirmation of a new term without Delegate nomination. Constitution of Lazarus - Mandate 9 Article III Article III - On the Grand Assembly of the Phoenix (5) The Grand Assembly shall have the power to recall any official of the government with a simple majority vote, or with a 2/3 majority vote for elected officials or those approved by the Grand Assembly. The complainant appreciates the diligence with which the Chief Justice is administering this inquiry within the constraints of the law.



The Church of Satan	Nov 29 2016, 08:08 AM Post #34
I HAVE CHORTLES! Posts: 861 Group: Accused Member #7 Joined: Apr 8, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Lazarus CoS	And for the record, I have made repeated appeals to the Sovereign to nominate another judge, but so far each attempt has gone unanswered.



Amerion	Nov 29 2016, 10:15 AM Post #35
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	The Church of Satan Nov 29 2016, 08:08 AM And for the record, I have made repeated appeals to the Sovereign to nominate another judge, but so far each attempt has gone unanswered. I apologise but I have not received a message from you regarding this. I may have missed it, in which case, I apologise. Although, Alunya has sent me a similar request. An increase in the number of Justices must be passed in law before I can nominate a person.



Alunya	Nov 29 2016, 01:44 PM Post #36
Cat Posts: 142 Group: Members Member #280 Joined: Mar 4, 2016 Alignment Chaotic Evil Military Stance Uninterested Political Views Capitalist Nation in Lazarus Alunya	Amerion Nov 29 2016, 10:15 AM The Church of Satan Nov 29 2016, 08:08 AM And for the record, I have made repeated appeals to the Sovereign to nominate another judge, but so far each attempt has gone unanswered. I apologise but I have not received a message from you regarding this. I may have missed it, in which case, I apologise. Although, Alunya has sent me a similar request. An increase in the number of Justices must be passed in law before I can nominate a person. You're in luck, [nation]Amerion[/nation]. You can nominate another Justice immediately, and he or she can take office upon approval of the Grand Assembly. Here are the relevant citations: Constitution of Lazarus - Mandate 9 Article V Article V - On the Grand Court (1) The Grand Court shall be composed of at least three Court Officials, though a greater number may be established by law. And The Unified Legal Code of The Repubic of Lazarus: Judicial Code of The Republic of Lazarus - Article I Article I – Composition of the Court (1) The Court must consist at all times of a minimum three Justices, and *a maximum of five Justices. Should the number of Justices fall below the minimum number at any time the Delegate must nominate replacements within seven days; should the Delegate fail to do so then the Speaker will open nominations to the floor of the Legislature. I highlighted the relevant phrase in the Judicial Code, Article I, for you.[edit_reason]Formatting[/edit_reason] Edited by Alunya*, Nov 29 2016, 02:01 PM.



The Church of Satan	Nov 29 2016, 04:24 PM Post #37
I HAVE CHORTLES! Posts: 861 Group: Accused Member #7 Joined: Apr 8, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Lazarus CoS	Alunya is correct. At any given time there may be three to five judges.



Powthran	Dec 1 2016, 02:48 AM Post #38
Lazarene Posts: 523 Group: Members Member #103 Joined: Apr 22, 2015 Alignment Lawful Neutral Military Stance Uninterested Political Views Conservative Nation in Lazarus Powthran	Alunya Nov 29 2016, 01:44 PM You can nominate another Justice immediately, and he or she can take office upon approval of the Grand Assembly. I request that you do this as soon as possible since that is the only way this and several other cases will proceed.



Alunya	Dec 5 2016, 05:21 AM Post #39
Cat Posts: 142 Group: Members Member #280 Joined: Mar 4, 2016 Alignment Chaotic Evil Military Stance Uninterested Political Views Capitalist Nation in Lazarus Alunya	I wish to inform the court that due to real life commitments, I will be unavailable on the following dates: Tuesday, December 6th through Thursday, December 8th, 2016. Monday, January 16th through Monday, January 23rd, 2017. If the court has any intentions of proceeding with this inquiry on those dates, I request a temporary postponement until such time as I can respond. Thank you in advance.



The Church of Satan	Dec 5 2016, 08:20 AM Post #40
I HAVE CHORTLES! Posts: 861 Group: Accused Member #7 Joined: Apr 8, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Lazarus CoS	I don't believe that will be necessary. Assuming the vote for Tomb's confirmation as a judge passes in 4 or 5 days, the trial should take place somewhere from December 11th to December 21st, give or take 1 or 2 days.



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