[quote="Moon Adamant":7g1yivqy]Related to the on-going discussion about Judicial System...
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A. Definition and Scope[/i:7g1yivqy]
This Judiciary Commission is an non-governmental organisation, not dependent on any branch of the CDS government.
The Judiciary Commission sets professional and ethical standards for judges and defines a code of ethics.
The Judiciary Commission will publish an up to date list of persons qualified and available to be CDS judges.
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B. Professional Acknowledgement[/i:7g1yivqy]
The Judiciary Commission shall define a list of requirements for judges, and administer examinations to all applicants to insure that they meet these requirements.
The Judiciary Commission is required to hold at least one examination session in each legislature and test all candidates.
[i:7g1yivqy]C. Internal Organisation and Procedures[/i:7g1yivqy]
The Judiciary Commission has the ability to establish its own internal procedures and organisation, but is compelled to make those procedures public.
The Judiciary Commission must establish ethical standards for its members and must provide a means to insure that those standards are upheld.
After a disciplinary process the Judiciary Commission can disqualify any judge for any serious breech of ethics.[/quote:7g1yivqy]
I am very unclear as to what exactly is meant by much of this. First of all, it is posted as an amendment: where, exactly, in the Judiciary Bill do you propose to insert this? Some of this overlaps with existing provisions about the Judiciary Commission - what is the purpose of that? The style and structure are radically different to what I had proposed; I had written the Judiciary Bill in the style that I had, and adopted the structure that I had, for a reason. Thirdly, the last part is a substantial departure from anything that anybody has ever discussed so far, and contradicts the existing provisions on impeachment, which provide that only the Court of Scientific Council shall have the power to impeach, and that impeachment is removal or disqualification of a person from holding public office. Why do you propose a system whereby judges can be impeached [i:7g1yivqy]or[/i:7g1yivqy] removed by the JC, wheras all other public office holders can only be impeached? Fourthly, why must there be examination sessions every term if there is no need to recruit judges during that term? Fifthly, why does the system require maintaining lists of people who might in the future become judges? What would that acheive as above a system whereby applications are invited for judicial office as and when vacancies arise?
I really wish that you had discussed your intentions with me in advance so that a form of wording and detailed structure that was workable, that preserved the overall intention of what you propose here, but worked in harmony with the structure of my existing bill could have been agreed. The way that this amendment is drafted is so dissonant with the way in which the existing bill is drafted that it has the potential to cause serious ambiguities and conflicts and make the whole thing unworkable. Please contact me urgently so that I can draft, as a friendly amendment, a form of words that we both agree acheives what you want to acheive overall but in a structure that fits in with my existing bill.
[i:7g1yivqy]Edit[/i:7g1yivqy]: I would draft right now some better wording that I hope would reflect your intentions if it were not for the fact that what is written above leaves me extremely unclear as to what, exactly, your intentions [i:7g1yivqy]are[/i:7g1yivqy].
[i:7g1yivqy]Edit 2[/i:7g1yivqy]: I think that I can see where some of the confusion arises here: you are conflating the Judiciary Commission (the organisation that administers the judiciary) with a [i:7g1yivqy]board[/i:7g1yivqy] or [i:7g1yivqy]panel[/i:7g1yivqy] of the Judiciary Commission, which would, collectively, have the powers as set out above. What we need to do, in that case, is define the "Judicial Appointments and Ethics Board" as a part of the Judiciary Commission, and then determine who shall be on the board (as your amendment stands, there is no basis upon which any conflict between members of the JC about how to exercise the powers in question should be resolved). From my recollection at the meeting, you wanted what you were then calling the "Order of Judges" to comprise Judges of Common Jurisdiction. I will draft a form of words that integrates your proposals into my existing bill in a way that works and submit it as (I hope that you will agree) a friendly amendment. Incidentally, the statement, [i:7g1yivqy]"This Judiciary Commission is an non-governmental organisation, not dependent on any branch of the CDS government[/i:7g1yivqy]" is redundant, since the Judiciary Commission is already autonomous and not dependant on the government (executive/legislature). It is not, in any event, clear what that would mean in practice. I will submit a revised version of the Bill with these changes forthwith.