Office of Northeast Chief Judicial Officer cinyc

[Napoleon]

I am also seeking an injunction against the signing of the Un-Stealing Act, as it is not presently on the floor and has not been introduced at all during this session.

[tpfkaw]

Bills are signed after they are passed.  The bill was just passed (assuming it had not been legally passed already), and will now go to the governor's desk for passage or veto.  If the bill were still "on the floor" it obviously could not be signed by the governor, since it would not have passed yet.  The Lt. Governor breaks ties, neither the Constitution nor the SOAP makes any mention of any sort of time limitations beyond that it it must be after the completion of the voting period.  I am therefore perfectly justified in breaking the tie to pass this bill.

If Speaker Napoleon disputes this, I would like him to point to which clause of the Constitution or which law he believes prevents me from doing so.  If he cannot find any law preventing me from exercising my Constitutional prerogatives as Lt. Governor, I would ask that this request for an injunction be dismissed, as it has no legal basis.

[cinyc]

I have notified Governor Ghost_white of this lawsuit and asked him whether he wished to represent himself or appoint Lt. Governor wormyguy or someone else to argue on his behalf.  

I want a little more structure to these proceedings.  Once I hear back from the governor, I'm going to ask for more formal argument in the form of "briefs", first from Speaker Napoleon and a few days later from the governor's side.  The Speaker may submit a rebuttal brief a few days after the governor's brief.  

The parties may raise whatever arguments they see fit, but I'm most interested in how you think I should reconcile Article IV, Section xiii's delegation of certain powers to the Governor in the Lt. Governor's temporary absence with the Lt. Governor's explicit power to break Assembly ties in Article V, Section xiv, as well as how "temporary absence" should be defined.

Regardless of what the governor decides, I will allow Lt. Governor wormyguy to file an amicus brief at the same time the Governor's brief is due.  Anyone else who wishes to file a formal argument should notify me in this thread.

I ask that the parties not cross-talk on this thread until the briefs have been filed or further discuss the merits of the case in this thread until we have heard back from the governor.
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How much time will the Speaker need to prepare an initial argument?  Again, it doesn't need to be anything formal, just a bit more complete than what you'd write if just arguing back and forth.

[Napoleon]

It is obviously implied by precedent and the need to reintroduce legislation at the start of a new session thfat the Assembly term has no rollover. Given this, a tie can not be broken months after the fact. Also, wormyguy has no authority to break ties that weren't voted on while he serves as Lt. Governor.

I ask that this request be considered before proceeding. I may need up to 72 hours.

[cinyc]

I am also seeking an injunction against the signing of the Un-Stealing Act, as it is not presently on the floor and has not been introduced at all during this session.

I have no power to enjoin the Governor from signing a bill.  I will consider the constitutionality of the actions leading to the re-signing of the bill if the governor does re-sign it.

[cinyc]

It is obviously implied by precedent and the need to reintroduce legislation at the start of a new session thfat the Assembly term has no rollover. Given this, a tie can not be broken months after the fact. Also, wormyguy has no authority to break ties that weren't voted on while he serves as Lt. Governor.

I ask that this request be considered before proceeding. I may need up to 72 hours.

The governor appears to have re-signed the Un-Sealing Act - or at least tried to.  My temporary injunction extends to the implementation of the Un-Stealing Act passed in the January session in any manner, whether through the signature of the current or former governor.  I will hear arguments regarding the constitutionality of today's actions as well.  Please include them in your briefs.

I will grant the Speaker until 6PM Eastern time on Thursday, May 26  to submit his brief.  

Lt. Governor wormyguy - would you be in a position to file a response by 6PM on Saturday, May 28?  If so, I'd like any response brief from the Speaker to come by 6PM on Monday, May 30, unless either of you need more time due to the holiday weekend.

I don't want to hear any arguments on the merits from the Speaker, Lt. Governor Governor or Governor's representative in this thread until the briefs have been submitted.  

[tpfkaw]

That will be fine.

[Lambsbread]

May I make a brief, nonpartisan statement concerning not just this injunction but rather the condition of our region as whole? Just so I can input what I think about this nonsense? I'd understand though if my potential statement would be ruled superfluous.

[homelycooking]

I would be willing to submit an amicus curiae brief, should it please the "court".

[cinyc]

May I make a brief, nonpartisan statement concerning not just this injunction but rather the condition of our region as whole? Just so I can input what I think about this nonsense? I'd understand though if my potential statement would be ruled superfluous.

Yes, on or before Thursday.  But just once.

I would be willing to submit an amicus curiae brief, should it please the "court".

Okay.  If it's in favor of Speaker Napoleon's position that the law is unconstitutional, please submit it by Thursday.  If it is in support of the constitutionality of the law, please submit it by Saturday.

For clarity, I'm not just looking for briefs on the procedural issue regarding whether the bill was properly passed.  Arguments regarding whether the Un-Stealing Act violates other provisions of the New Northeast and/or Third Atlasian Constitution, assuming it was properly passed, are also more than welcome.

[tpfkaw]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

[Napoleon]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

Have you any evidence of votes I illegitimately discounted?
Unless the Lt. Governor has proof of illegal action, this is totally frivolous.

[tpfkaw]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

Have you any evidence of votes I illegitimately discounted?
Unless the Lt. Governor has proof of illegal action, this is totally frivolous.

You have shirked your duty by not providing a tally of the votes on many of the votes during your time as Speaker, though Giovanni would not have been the deciding vote on any measures that the assembly passed.  However, declaring your intention not to count his votes and stating incorrectly that he is "not an assemblyman" leads any reasonable individual to the conclusion that you have not been counting his votes.  If you are now admitting that he is, in fact, an assemblyman, then we can drop the matter.

[Napoleon]

That's is a lie considering I posted the vote count earlier today when I closed a vote and have in the past as well. Evean if I missed a couple, that has no significant effect on fulfilling my duties as Speaker.

[Napoleon]

I urge that this case be dropped, as the accused has no concrete evidence to back up his egregious allegations.

[tpfkaw]

Except that Napoleon has publicly confessed that my allegations are true, multiple times.  What was it that Polnut said?  Something about "moving from the ridiculous to the sublime."

[Napoleon]

My right to free speech is guaranteed by the Constitution. I retain the right to publicly brainstorm.

[tpfkaw]

And I retain the right to publicly record your brainstorming.

I guess Jake just isn't an idiot who thinks not counting your vote is a "personal attack".

You're not an Assemblyman.

You're not an Assemblyman.

When did that happen?

Youre not part of this region, ergo, you are not particular this Assembly.

You're not an Assemblyman.

When did that happen?

Youre not part of this region, ergo, you are not particular this Assembly.

Is that in the Northeast Constitution?

I believe it is. If anyone wants to challenge this view, Sue me. I have no tolerance for immature trolling.

That alone does not make you eligible to hold office. Take it up with the court or stop whining.

If it is in there, sue me. Otherwise go away, troll.

I am your Game Moderator.  You may not like me but you will damn well have to get used to me.

I wasn't even talking to you. Obviously you can't sue me.

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Excuse me, I quoted the wrong post from you.

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I don't want to get involved with this little spat but it seems someone needs to step in.  If you want Giovanni out that badly, pass a law requiring northeast officeholders to reside in the Northeast.  Don't resort to petty attacks.  The Northeast has more important issues to deal with.

I don't need him out, he isn't in.

I don't agree with your interpretation off the Constitution. There is no record of out of region assemblymen prior to this and I am certain the Constitution is in agreement with my view that Giovanni is not eligible to serve in this body. We have a legal avenue established to determine whether Giovanni is eligible, he can sue if he wishes.

I am doing something about it and what I believe the right now thing to do is not defy the Constitution and allow Giovanni a voice in this Assembly when he beyond any doubt in my mind is ineligible. Why would I just assume he is an Assemblyman? That is backwards. This is not a vote first, ask questions later legislature. No one has built a convincing argument as to why the other way is morally or practically superior. Being political expedient is the easy way out, but I will not allow injustice against my constituents.

It is very good of you to admit that and I welcome you to the region when you're move ttakes effect but surely you don't take it personal that I want the Constitution to be followed? This really should have never been allowed to be dragged out this long, if you think you are right we will have to see what cinyc says. Your "contributions" to the Assembly, while nonserious and rather offensive, are no reason to disqualify your votes but your ineligibility does. At no point in this region has an outsider been allowed to participate. That doesn't change with me becoming Speaker, either.

Again, you must not have read my arguments. I can not expel Giovanni because he can not serve. This has always been true in the region. It is possible to be elected to a position you can not legally serve in. You still can't serve in it. If anyone disputes this, I welcome a lawsuit against me. I am confident that my view would win.

Furthermore, there is no evidence that it would be legal for me to count votes cast by Giovanni. The Constitution was never changed to allow non-residents to legislate.

[Napoleon]

It's all fine and dandy; unfortunately,  none of that is proof of evidence or wrongdoing on my part.

[President Mitt]

It's all fine and dandy; unfortunately,  none of that is proof of evidence or wrongdoing on my part.

I would definitely count a blatant power-grab as a 'wrongdoing.'

Certification of April 29, 2011 Northeast Assembly Special Election:

Jake Matthews, a.k.a. 20RP12, is the only person who wrote himself in.  No one declared or agreed to accept write-ins after Jake Matthews vacated his old Assembly seat by swearing in as Lt. Governor on April 19.  Thus, all votes other than None of the Above are invalid. 

It is certified that Jake Matthews has won the April 29, 2011 Northeast Assembly Special Election with 3 votes.  1 vote was legally cast for "None of the Above".

Please note that Governor Ghost_white previously certified the following Atlasians as winners of the April Northeast Assembly general election:

Giovanni, Homelycooking, Jake Matthews, Napoleon, Sbane, and EarlAW

That certification will remain in effect unless someone successfully sues to overturn it.

This is the certification that legalizes my election to the Assembly. It gives me all of the rights that any normal Assemblyman in the region has. If you do not believe it is constitutional that I be in the body, sue to overturn it. Don't blatantly abuse power you don't have. The Speaker cannot and should not have a monopoly on power in the Assembly which is what you are apparently trying to accomplish.

[cinyc]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

I have no power to grant a blanket injunction against legislation passed without cause.  Some of those votes were likely unanimous or would have passed regardless of how Giovanni voted.  Without a specific reference to specific votes cast, I can do nothing.

Lt. Governor wormyguy - YOU are the Lt. Governor.  Under the Constitution and SOAP, you should be running the Assembly.  The Speaker only has power to do so when you declare your absence.  

As to the question of whether Giovanni has been properly elected, no one has sued to put that case to me.  Unless someone does, I have no power to overturn the Governor's vote certification - so he is a Northeast Assemblyman.  I was not CJO at the time of that certification.

If someone wishes to sue over whether Giovanni can be elected a Northeast Assemblyman, let me know.   That case will have to wait until the current one is resolved, though.

By the way, the plaintiff's briefs on Napoleon v. Ghost_white are due in about 3 hours.

[Napoleon]

Ill need an extra two hours due to no computer access until 8.

[cinyc]

Ill need an extra two hours due to no computer access until 8.

Okay.

[Napoleon]

Your honor,

Three pieces of legislative have been discovered by me that were passed illegally during the term of Governor Han The Guitar Man. The legislation in question is offered at its signing by the Governor: The Un-Stealing Act, The Self-Ownership Bill (Or, the If You Are Pro-Choice and You Oppose This Then You Are a Hypocrite Bill), and The Freedom to Enjoy One's Self in public Act.

In each of these three cases, the Governor signed the bill into law while the bill stood at a tie in the Northeast Assembly. I present this section from Article V of the Northeast Constitution:

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These laws were signed without attaining the designated 50%+1 of actual votes. Any attempt at considering these acts law in our region would be nothing more than a shallow attempt at circumventing the clear text of the Constitution.

I feel compelled to demonstrate that only the Lieutenant Governor of the Northeast has the authority to break ties in the Northeast Assembly as the Constitution states here:

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[cinyc]

Thank you, Speaker Napoleon. I will hold off on questions until I have received all briefs.

Lt. Governor wormyguy - you have until Saturday at 8PM Eastern to make your argument.