Law:The Bernard P. Fife Act: Difference between revisions

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(Created page with " === 43RZ28 === ==== The Bernard P. Fife Act ==== WHEREAS the office of Clerk of Courts was established in 42RZ4 and WHEREAS the office is necessary to channel cases through ...")
 
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=== 43RZ28 ===
=== 43RZ28 ===
==== The Bernard P. Fife Act ====
==== The Bernard P. Fife Act ====
WHEREAS the office of Clerk of Courts was established in 42RZ4 and
'''WHEREAS''' the office of Clerk of Courts was established in 42RZ4 and


WHEREAS the office is necessary to channel cases through judicial channels and
'''WHEREAS''' the office is necessary to channel cases through judicial channels and


WHEREAS what is not addressed in that act is what happens in the event of an excusable absence which prevents the Clerk from assigning a case within the 72 hour window so
'''WHEREAS''' what is not addressed in that act is what happens in the event of an excusable absence which prevents the Clerk from assigning a case within the 72 hour window so


THEREFORE, in the event the clerk fails to assign a case within the 72 hour window and such tardiness is result of one or more of the following conditions:
'''THEREFORE''', in the event the clerk fails to assign a case within the 72 hour window and such tardiness is result of one or more of the following conditions:


1.) Active Military Service (In the Armed Forces of Talossa or an Allied Nation)
# Active Military Service (In the Armed Forces of Talossa or an Allied Nation)
 
# Birth or Death of an immediate family member
2.) Birth or Death of an immediate family member
# Marriage or Divorce
 
# Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties
3.) Marriage or Divorce
 
4.) Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties


the Clerk's absence shall be deemed excused and no further penalty should be pursued.
the Clerk's absence shall be deemed excused and no further penalty should be pursued.
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In the event the clerk anticipates a length absence, even for an excused purpose, s/he should consider resignation to ensure the people are adequately served.
In the event the clerk anticipates a length absence, even for an excused purpose, s/he should consider resignation to ensure the people are adequately served.


FURTHERMORE, the Clerk may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk and may be for a temporary or indefinite term, which the Clerk shall stipulate in the public notice of deputization.
'''FURTHERMORE''', the Clerk may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk and may be for a temporary or indefinite term, which the Clerk shall stipulate in the public notice of deputization.
 
1. The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period.
 
2. The Deputized Officer shall follow the procedures set forth in the Clerk of Courts Act with regards to the assignment of cases and shall do so impartially without regard for political, personal or financial consideration.
 
3. The Officer shall serve at the pleasure of the King and may be removed by the King at any time. However, the principal supervision of the Officer shall fall to the Clerk of Courts, who shall retain the right to dismiss the Officer as well.
 
4. Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice.


5. The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72 hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing.
# The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period.
# The Deputized Officer shall follow the procedures set forth in the Clerk of Courts Act with regards to the assignment of cases and shall do so impartially without regard for political, personal or financial consideration.
# The Officer shall serve at the pleasure of the King and may be removed by the King at any time. However, the principal supervision of the Officer shall fall to the Clerk of Courts, who shall retain the right to dismiss the Officer as well.
# Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice.
# The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72 hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing.


Uréu q'estadra sa:
Uréu q'estadra sa:
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T.M. Asmourescu, Minister of Justice
T.M. Asmourescu, Minister of Justice


<hr />
El Regeu en volt.
El Regeu en volt.


— John R
— John R

Revision as of 11:28, 11 August 2012

43RZ28

The Bernard P. Fife Act

WHEREAS the office of Clerk of Courts was established in 42RZ4 and

WHEREAS the office is necessary to channel cases through judicial channels and

WHEREAS what is not addressed in that act is what happens in the event of an excusable absence which prevents the Clerk from assigning a case within the 72 hour window so

THEREFORE, in the event the clerk fails to assign a case within the 72 hour window and such tardiness is result of one or more of the following conditions:

  1. Active Military Service (In the Armed Forces of Talossa or an Allied Nation)
  2. Birth or Death of an immediate family member
  3. Marriage or Divorce
  4. Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties

the Clerk's absence shall be deemed excused and no further penalty should be pursued.

In the event the clerk anticipates a length absence, even for an excused purpose, s/he should consider resignation to ensure the people are adequately served.

FURTHERMORE, the Clerk may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk and may be for a temporary or indefinite term, which the Clerk shall stipulate in the public notice of deputization.

  1. The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period.
  2. The Deputized Officer shall follow the procedures set forth in the Clerk of Courts Act with regards to the assignment of cases and shall do so impartially without regard for political, personal or financial consideration.
  3. The Officer shall serve at the pleasure of the King and may be removed by the King at any time. However, the principal supervision of the Officer shall fall to the Clerk of Courts, who shall retain the right to dismiss the Officer as well.
  4. Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice.
  5. The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72 hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing.

Uréu q'estadra sa:

T.M. Asmourescu, Minister of Justice

El Regeu en volt.

— John R

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