Law:The Bernard P. Fife Act
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:
- Active Military Service (In the Armed Forces of Talossa or an Allied Nation)
- 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
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.
- 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:
T.M. Asmourescu, Minister of Justice
El Regeu en volt.
— John R