Governor Simfan did not and cannot fire CJO Ebowed
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  Governor Simfan did not and cannot fire CJO Ebowed
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Author Topic: Governor Simfan did not and cannot fire CJO Ebowed  (Read 1508 times)
Adam Griffin
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« on: June 22, 2015, 08:59:14 PM »

Thank you. A comprehensive plan forward will be announced later today, but first let me announce that CJO Ebowed is immediately relieved of his duties and not reappointed, as per the constitution, which places the reappointment window as the 10 days following the scheduled June election. A replacement shall be announced forthwith.

OK, first of all: you cannot "relieve" a sitting Justice of his duties. You can decide - per the constitution - not to allow him to serve another one-year term, but you do not have the authority to fire the Chief Judicial Officer of your region. We obviously have checks and balances for a reason.

The process works as such:

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So the reality is that Ebowed will be CJO until "ten days of the June elections" unless any action by the AG and the Supreme Court resolve the matter against the CJO prior to that time; whether that count begins at the start of the election or at its commencement can be debated, but usually any provisions measured in this context begin at the conclusion of the election, which would be June 23 @ 11:09:37 PM ET. This means Ebowed will remain CJO until July 3 @ 11:09:37 PM - or, if we go with the commencement of the election at the initiating point, June 30 @ 11:09:37 PM.

At that point, the office would presumably fall vacant and you would need to nominate a new CJO, who must be approved by a majority of the Pacific Council.
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Lief 🗽
Lief
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« Reply #1 on: June 22, 2015, 09:03:32 PM »

Disgusting. Put him behind bars and throw away the key!
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Adam Griffin
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« Reply #2 on: June 22, 2015, 09:07:04 PM »

He already is (thanks, Ebowed!), which brings into question whether any orders he gives are even binding!
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Ebowed
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« Reply #3 on: June 22, 2015, 09:11:31 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.
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MyRescueKittehRocks
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« Reply #4 on: June 22, 2015, 09:30:36 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.
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Adam Griffin
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« Reply #5 on: June 22, 2015, 09:36:49 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.

Oh, we're not doing this thing of yours where you make up alternate realities again, are we?

Simfan literally cannot fire the CJO per the Constitution: he can choose to dismiss him each year, but that doesn't mean he can end his term early. I've already explained this - try reading it again. Furthermore, based on what the CJO has said, the Governor doesn't even have the authority at the moment to prevent the CJO from serving another one-year term due to the fact that the Governor's actions have been ruled by the CJO as having no binding effect or constitutional authority.
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The Other Castro
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« Reply #6 on: June 22, 2015, 09:37:22 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.

Your opinion alone cannot change reality. Just because you disagree with a situation doesn't mean you can will it away.
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MyRescueKittehRocks
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« Reply #7 on: June 22, 2015, 09:43:21 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.

Oh, we're not doing this thing of yours where you make up alternate realities again, are we?

Simfan literally cannot fire the CJO per the Constitution: he can choose to dismiss him each year, but that doesn't mean he can end his term early. I've already explained this - try reading it again. Furthermore, based on what the CJO has said, the Governor doesn't even have the authority at the moment to prevent the CJO from serving another one-year term due to the fact that the Governor's actions have been ruled by the CJO as having no binding effect or constitutional authority.

He can choose not to renew said appointment and has chosen not to renew such.
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Adam Griffin
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« Reply #8 on: June 22, 2015, 09:55:23 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.

Oh, we're not doing this thing of yours where you make up alternate realities again, are we?

Simfan literally cannot fire the CJO per the Constitution: he can choose to dismiss him each year, but that doesn't mean he can end his term early. I've already explained this - try reading it again. Furthermore, based on what the CJO has said, the Governor doesn't even have the authority at the moment to prevent the CJO from serving another one-year term due to the fact that the Governor's actions have been ruled by the CJO as having no binding effect or constitutional authority.

He can choose not to renew said appointment and has chosen not to renew such.

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.
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Simfan34
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« Reply #9 on: June 22, 2015, 10:06:27 PM »

And a criminal at large?
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cinyc
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« Reply #10 on: June 22, 2015, 10:26:44 PM »

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.

The Pacific Justice has absolutely no constitutional power to stage his whole coup, so...
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Adam Griffin
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« Reply #11 on: June 22, 2015, 10:35:53 PM »

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.

The Pacific Justice has absolutely no constitutional power to stage his whole coup, so...

Currently under whose orders? I haven't seen an injunction. He is the CJO for the region; irrespective of interpretation, he has the ability to issue his own rulings as it relates to the interpretation of the Constitution and the actions of those obliged to uphold it.
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cinyc
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« Reply #12 on: June 22, 2015, 10:44:51 PM »

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.

The Pacific Justice has absolutely no constitutional power to stage his whole coup, so...

Currently under whose orders? I haven't seen an injunction. He is the CJO for the region; irrespective of interpretation, he has the ability to issue his own rulings as it relates to the interpretation of the Constitution and the actions of those obliged to uphold it.

He has no right to depose the governor or pass his own communist laws by decree.
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Adam Griffin
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« Reply #13 on: June 22, 2015, 10:48:45 PM »

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.

The Pacific Justice has absolutely no constitutional power to stage his whole coup, so...

Currently under whose orders? I haven't seen an injunction. He is the CJO for the region; irrespective of interpretation, he has the ability to issue his own rulings as it relates to the interpretation of the Constitution and the actions of those obliged to uphold it.

He has no right to depose the governor or pass his own communist laws by decree.

Until a higher ruling refutes that (assuming the allegations you make are true), he kind of does.
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Simfan34
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« Reply #14 on: June 22, 2015, 11:00:30 PM »

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cinyc
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« Reply #15 on: June 22, 2015, 11:00:59 PM »
« Edited: June 22, 2015, 11:04:15 PM by cinyc »

Until a higher ruling refutes that (assuming the allegations you make are true), he kind of does.

Nothing in the Pacific Constitution gives the Pacific Justice the ability to make new laws.  Nothing in the Pacific Constitution gives the Pacific Justice the ability to remove the governor.  That's a fact.  That someone has illegally done so doesn't mean he has the legal power to do so.
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Adam Griffin
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« Reply #16 on: June 23, 2015, 12:10:49 AM »

Until a higher ruling refutes that (assuming the allegations you make are true), he kind of does.

Nothing in the Pacific Constitution gives the Pacific Justice the ability to make new laws.  Nothing in the Pacific Constitution gives the Pacific Justice the ability to remove the governor.  That's a fact.  That someone has illegally done so doesn't mean he has the legal power to do so.

If we go solely by what is included in the Pacific Constitution, then the CJO (or any judicial official, for that matter) has virtually no explicit power. He can, however, nullify laws and "arbitrate in all disputes of a legal nature that occur within the Pacific", which this clearly is. Furthermore, I cannot tell that he has technically removed the Governor from office, but instead has placed him under arrest (a basic function of judges) and nullified his ability to issue orders or make decisions in the capacity of Governor until this matter is resolved.
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Flake
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« Reply #17 on: June 23, 2015, 01:18:41 AM »

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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #18 on: June 23, 2015, 06:33:26 AM »

So...

Governor (or former Governor, according to the opposite side) Simfan had been arrested on CJO (or Acting Governor, as according to his supporters) Ebowed's orders and is held on his pleasure.

Ebowed himself appears to be hiding, as the AG issued a warrant for his arrest.

Meanwhile, President James Buchananbore took no action beside generic condemnation of the coup.

The question is: is there still any functioning government of Pacific?
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Ebowed
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« Reply #19 on: June 23, 2015, 02:50:26 PM »

The question is: is there still any functioning government of Pacific?

I am in hiding but I shall continue to rule in favor of the workers by decree until the new Council swears in.
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MyRescueKittehRocks
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« Reply #20 on: June 23, 2015, 08:45:08 PM »

Yes, currently Governor Simfan is imprisoned, enjoying leisurely comforts and the generally peaceful nature of Pacific incarceration.  I understand that the Pacific sentiment is very strong and indeed some would say that the Governor's crimes warrant execution but I will stand firmly against any state imposed punishment of this sort.  I hope that I can work towards a fair and reasonable solution so that the People's will be adequately reflected.

No, SimFan is currently free and the charges are invalidated. You Ebowed are not the Pacific CJO.

Oh, we're not doing this thing of yours where you make up alternate realities again, are we?

Simfan literally cannot fire the CJO per the Constitution: he can choose to dismiss him each year, but that doesn't mean he can end his term early. I've already explained this - try reading it again. Furthermore, based on what the CJO has said, the Governor doesn't even have the authority at the moment to prevent the CJO from serving another one-year term due to the fact that the Governor's actions have been ruled by the CJO as having no binding effect or constitutional authority.

He can choose not to renew said appointment and has chosen not to renew such.

He was already under arrest and the CJO has clearly said that the Governor cannot issue any constitutionally-sound or legally-binding declarations or decisions while under arrest. As the Chief Judicial Officer in the region, his word > a detained criminal.

Governor who is a law abiding citizen in his own right > insurrectionist CJO who is breaking both Pacific and National law Cynic is absolutely correct.
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