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Vale Oratio
Topic Started: Jun 15 2017, 04:00 PM (113 Views)
Frankender
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Hawk
I've been rather quiet these past few months, mainly active within the private court subforum. I've given my time for the people and the region, and that time has now run out.

To begin, I would like to thank everyone for allowing me to serve on the bench as a prelate. While I always wished to be the high judge, I did not fight when CoS wanted the role as I believed he was fit for the role. We've had our differences, but I believe CoS was and is the right choice. Omega, too, in my humble opinion, should remain on the bench. I implore Funk to reappoint CoS as swiftly as possible, as the failures of the Convenor to act is not a failure of the bench. I was unaware that the ignorance of the Convenor weighs on the shoulders of the bench, that was my mistake.

To not be hasty, I shall give my own legal opinion for a final time.

Article I – Composition of the Court

(1) The Court must consist at all times of a minimum three Prelates, and a maximum of five Prelates. Should the number of Prelates fall below the minimum number at any time the Sovereign must nominate replacements within seven days; should the Sovereign fail to do so then the Convenor will open nominations to the floor of the Cosmic Council.
(2) The Cosmic Council shall conduct a confidence vote for the Prelates every three months, immediately after the conclusion of the regularly scheduled elections. Any Prelate who does not receive the confidence of a majority shall be recalled.[1]

By removing two of the three Prelates illegally, of which I plan to show in the following, Article I Section I is being directly acted against by whomever decided this action was necessary. Section II states that the Cosmic Council shall conduct a confidence vote for Prelates, which is to be sanctioned by the (Deputy) Convenor as stated in the Celestial Mandate. It is of my opinion, due to the fact that this vote was not held, the last reconfirmation is to be held true as law in which both the Church of Satan and Frankender were reconfirmed with overwhelming majorities. In the most recent vote, the same was to happen. I received not a single vote from any citizen who had no confidence in my ability to rule on law.

Neither the Church of Satan nor Frankender have lost their blessing through any proper, legal avenue. I consider the actions to be illegal, unjust, and similar to that of a coup d'état. Why this was believed to be necessary, I still am unsure. My ability to rule on law has never been questioned and I believe I have proven myself time and time again to be able to accurately apply the law as it is written and amend any mistakes that have been made. To give a key example, the mandate previously had a random stipulation that prelates were required to hold World Assembly membership, something that was previously unheard of. Rather than having the current prelates removed and putting a halt to the court, I simply submitted an amendment to fix this issue. If you may, call it illegal. I called it practical.
re: http://nslazarus.com/archive/NSLazarus/topic/10185437/1/

Continuing on with the current version of the Mandate, it states as follows.


TENURE

(11) A Prelate shall retain the authority to adjudicate in the Celestial Being’s name, so long as they have the confidence of the Cosmic Council and the blessing of the Celestial Being, as shall be affirmed at the Renewal of the Universal Cycle, to occur every four months.

(12) A Prelate shall, subject to the provisions of this Act, hold his place on the Court for life.
Removal of the Celestial Being’s blessing

(13) A Prelate shall be considered to have been stripped of his blessing, as granted by the Celestial Being if he or she:
A. For three weeks to forewarn of, or indicate continued presence in Uniterra.
B. Has taken or takes an oath or makes a declaration or an acknowledgment of allegiance, obedience, or adherence to parties which Lazarus is in a state of war with.
C. Has been convicted (or is under charges of) treason against the Celestial Union of Lazarus.
E. Or the world or nation he represents, ceases to hold the status of Core World in the universe of Lazarus.

Section XII states that the Prelate may hold his place on the Court for life. Section XI does, indeed, state that these prelates should be affirmed every four months; however, there is no stipulation stating what happens when this affirmation vote is not held. Section XIII states the stipulations that would require he is to be stripped of his blessing; not being reaffirmed is not one of them.

I feel my service to this region has been both adequate and fair. I have done nothing to wrong the people of Lazarus and I feel this has been an insult to my character. I made no mistakes in my legal opinions nor did the Church of Satan. I thank the people of Lazarus for the time I have spent here and it is unfortunate that it is now coming to the end. From unfucking the Gazette, drafting useless laws, dabbling in the military, and all the other fun stuff in between, I had a great time here. Once again, I thank everyone for what has been both boring and exciting. I consider this to be tendering my resignation both as prelate, a position of which I believe to still legally hold, and as a citizen of Lazarus.

Thank you once more,

Frank.
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Lamb
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Thanks for weighing in. I'll be sure to pass this information along to our residing Prelate and see what he has to say.
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Funkadelia
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Hey Frank, it's a shame to see you go, but I suppose that's the nature of things. I hope to see you around again soon.

However, in regards to your legal opinion, your reasoning has one fatal flaw:

Quote:
 
(11) A Prelate shall retain the authority to adjudicate in the Celestial Being’s name, so long as they have the confidence of the Cosmic Council and the blessing of the Celestial Being, as shall be affirmed at the Renewal of the Universal Cycle, to occur every four months.


The blessing of the Celestial Being was not reaffirmed because there was no recomfimration of the office at the last renewal of the Cycle, which was in March. That's the entire point of what's been going on here over the past couple of days.
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Aumelodia
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🌺 His Divine Eminence
It's very unfortunate to see you go. You have served Lazarus well and I am sure you will do the same wherever you may go.

On the legal opinion-- my one question is, if as you say, a lack of reaffirmation does not remove a prelate from office, does that not mean that prelates could be never reaffirmed and still legally hold office?

Additionally, it seems the ULC contradicts the mandate in its requirement for the timing of re-affirmation votes-- the ULC citing every three months while the mandate every four months.



It's telling about the community when a long-term, stable member of the government, who's seen the region through many different forms, decides to leave.
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The13th
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Guy in the Public Eye
It'll be sad to see you go Frankender! May the best come of it! :)

Wishing you well,
The13th :mascot:

Also- very interesting and insightful writing you have put together! You definitely were a great Prelate and knew the law well! :)
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Lamb
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Aumelodia
Jun 15 2017, 09:45 PM
It's telling about the community when a long-term, stable member of the government, who's seen the region through many different forms, decides to leave.
I think it's more telling about the individual, that the only thing keeping them here was their position.

I think that says more about their commitment and activity level in the region beyond the court than anything.

There are plenty of long-time, stable people masked here that actually aren't active parts of the community anymore.
Edited by Lamb, Jun 15 2017, 11:05 PM.
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