Law:52RZ6 An Act to Remove Béneditsch Ardpresteir from the Uppermost Cort of Talossa
 ADOPTED |
Paßivă Xheneral |
Ziu 52nd Clark 2nd (September 2018)
Uréu q'estadra så: Viteu Marcianüs |
 Cosă: PASSED |
| Per 120 — Con 49 — Aus 19 |
 Senäts: PASSED |
| Per 5 — Con 2 — Aus 0 |
L'Anuntziă dels Legeux |
View Clark Result |
WHEREAS at or around June 2015, Béneditsch Ardpresteir (hereinafter “Ben-Ard”) became a Puisne Justice of the Cort pü Inalt (hereinafter “the Cort”);
WHEREAS to date, Ben-Ard has only had occasion to properly preside over a single case, Case 14-01 da Simeon v HM Chancery, resolved in dismissal for want of prosecution;
WHEREAS to date, Ben-Ard has demonstrated a pattern of disappearing whenever challenged, including outright refusal to comply with the rules of the Cort, whether that requires answering a complaint or adhering to deadlines (see e.g. APPEAL Case 14-02a M.E.daL v BenArd (appeal from a lower court’s conviction finding Ben-Ard guilty of the class A misdemeanor of libel); Talossa v Ben-Ard et al (refusing to respond to a petition filed by the Ministry of Justice in response to Ben-Ard abusing his authority as a Puisne Justice));
WHEREAS to date, Ben-Ard has found it proper to recuse himself in a number of cases (see e.g. APPEAL Case 14-05, People v ESB (upon his offer to help, no party granted permission); Petition for Injunctive Relieff re: OrgLaw Amendment), and has a history, even as a Magistrate Judge, of absconding in a matter over which he presides (see e.g. Case 14-06, People v la Mha et al.), and has himself commented that nobody wants him to preside over a proceeding;
WHEREAS Ben-Ard has previously abused his authority as a Puisne Justice in an attempt to breach the separation of powers and compel the Ziu, which resulted in unnecessary prolonged litigation and an investigation from the Ministry of Justice (see Suo Moto action in respect of RZ3 of the 51st Cosa);
WHEREAS Ben-Ard, on July 28, 2018, publicly attacked the leader of a political party, who happens to be in a same-sex marriage, lodging a patently homophobic attack with the line “Am sure you are a good wife, now get a life,” which obviously sought to emasculate the individual by labeling him as a “wife,” and in-turn made a blatantly misogynistic comment that “wives” or those whom he deems should take on “wifely” roles, i.e., those whom he perceives as feminine, should not concern themselves with matters of the state or politics.
THEREFORE, the Second Covenant guarantees that the State shall not discriminate on the basis of sexual orientation;
FURTHER, pursuant to the Organic Law, Article XVI, Section 1, upon a vote of two-thirds of the Cosâ, with the consent of the Senäts and the Crown, a justice of the Cort shall be considered removed;
BE IT RESOLVED that the Kingdom of Talossa cannot countenance a sitting Puisne Justice who refuses to appear in Cort when a named party, cannot preside over most matters commenced because of conflicts his actions have caused, openly attacks Talossans on the basis of their sexual orientation with overtly homophobic and sexist language, and who has shown a gross disregard for any sense of propriety for his position as a Puisne Justice, having abused its authority, and as such, upon this act meeting the Organic requirements stated herein, Béneditsch Ardpresteir shall no longer sit as a Puisne Justice of the Uppermost Cort of Talossa, and shall have all the privileges associated with that position revoked.
Uréu q'estadra så: Viteu Marcianüs - (MC, FreeDem)
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