[Amendment] Tribune Elections

[Каие]

proposer: Яome kb8
supporters:

Article III. Judges

To serve on the Tribunal, a panel of two Tribunes is are appointed by the Hexagon Council elected by the Curia via normal procedures, as and when needed, for instance after a resignation. Tribunes can only be drawn from the ranks of those with at least a Silver Bronze Moderator's Mace, those who have formally served as a Tribune, former Admins or from those who have served as a Magistrate. Candidates must also satisfy an additional requirement of not receiving a warning in 12 months. Current magistrates may put themselves forward. Each candidate must be vetted by the Hexagon Council, and can be vetoed at will any time, even after they are elected for any reason the Hex deems necessary.

In addition, three Magistrates shall be elected, one every two months for 6 month terms, by the procedure in Section II, Article II. Applicants cannot have received a warning in at least one year.

Magistrates rotate as an acting Tribune, each deciding one of every three cases. Should a Tribune recuse themselves, the Tribune chooses one of the two other Magistrates to vote in their stead. Magistrates are terminated by a unanimous vote of the Tribunes.

This law does not go into effect until the next Tribune resigns or is terminated. Upon this occurrence, an election shall be held [/fieldset]



So when Tribunes resign the new one(s) must be elected via normal Curial election procedures. I have put the requirements very high to be able to be eligible, experience is necessary, but so is trust from the Admins. So the Hex retain the right to veto any candidate, and sack a Tribune at any time after he wins for secuirity or trust reasons.

As the requirements to be eligible require high conduct, 18 month no warning period, and high experience, previous staff roles needed, I feel this is a very good and secure compromise to allow Tribunes to be accountable to electors, same as any high position in the ''TWC Government branches'' and at the same time allow for a sense of security, Hex control and prestige.

[Acco]

Why only those with a bronze Moderators' Mace? Let it be any Citizen the Curia approves.

[Squid]

Why only those with a bronze Moderators' Mace? Let it be any Citizen the Curia approves.

The magistrate route is for those who weren't moderators, but it should remain silver mace in either case.

[Каие]

You need experience in a staff role.

[Celsius]

Oppose.

[Viking Prince]

I am not supporting nor opposing this proposal yet. I will need to read the input from a variety of citizens and members before making a decision.

I can see the need for the elected slots of magistrates to balance Hex appointed Tribunes. There is a need for member input in the Tribunal, I think that is clear enough to all. However, I can also see the need for the administration to have a hand in the Tribunal as well since moderation is under the supervision of the administration.

This amendment takes all of the slots in the Tribunal out of the direct hands of Hex. So why shouldn't Hex have a seat in the appeals process?

[GrnEyedDvl]

Opposed.

[Каие]

Aww, why GED?

[Calvin]

I'm with Viking Prince currently. I want to see more discussion before making a judgement call.

[Pontifex Maximus]

Opposed

18 months is long. One years seems fine

[Каие]

I am curious as to why guys

[Heinz Guderian]

Support!

[Каие]

Changed 18 months to 12 months.

[Djûn]

As the requirements to be eligible require high conduct, 18 month no warning period, and high experience, previous staff roles needed, I feel this is a very good and secure compromise to allow Tribunes to be accountable to electors, same as any high position in the ''TWC Government branches'' and at the same time allow for a sense of security, Hex control and prestige.

Why should the Tribunes be accountable to electors? As members of the site's Judiciary, surely maintaining their own impartiality is far more important than imparting democracy upon this branch. The only things they should be accountable to is the Constitution and the laws of TWC. Should the irrationality or unreasonableness of a Judge become noticed by a publically spirited member, then it is for them to inform Hex that such ultra vires actions have arisen so that they might take action against the Judge in question.

[Каие]

It's in the unlikely event that one resigns, or his fired. It allows others a chance to become Tribunes instead of the site's elite who would be appointed by Hex on the basis of renown. As I said it's not binding, the Hex still has total control amongst the candidates and the outcome.

[Djûn]

It's in the unlikely event that one resigns, or his fired. It allows others a chance to become Tribunes instead of the site's elite who would be appointed by Hex on the basis of renown. As I said it's not binding, the Hex still has total control amongst the candidates and the outcome.

I'm confused. The amendment changes the manner in which Tribunes are created entirely, yet only applies to when one resigns or is dismissed? If this is the case then surely it shouldn't be amending the first line at all, simply adding to the end thereof. This amendment, as it appears to be written, will mean that the Judiciary is entirely elected, but with the opportunity for Hex to veto, a power they already are granted in Section I Article VI. Admittedly the amendment does say that the tribune must be vetted, but surely the veto is precisely the same effect?

Judges should be appointed based on their abilities to perform the role they are appointed to, not simply because they have the most fleur-de-lis under their name. If this isn't already the case then it doesn't speak wonders for the Tribunal.

[Calvin]

But should others have a chance to become Tribunes? I haven't seen a bad choice by Hex yet.

[Каие]

Not all others, just past staff members who may not be the 'famous' type. Lots of good solid former/current staff members who are not that popular and big.

[the Black Prince]

Support in principle, oppose on the details.

I like the idea of elected tribunes, I want to return there. I think the requirement should remain at a silver mace level.

It needs to be clear that this role is exempted from VoNC. A tribune must not be no confidenced because that, more than election is what destroys their impartiality. A tribune won't seek re-election, so they'd be elected on ability and won't have to pander to the electorate once in office, but they must not be able to be removed by the Curia either otherwise they cannot be impartial.

This law does not go into effect until the next Tribune resigns or is terminated. Upon this occurrence, an election of Magistrates shall be held with the candidate having the highest voting percentage serving for 6 months, the second highest for 4 months and the third highest for 2 months. [/fieldset]

Why is this in the OP? It seems to be copied from a previous thread.... Sure, this law shouldn't go into effect until a tribune resigns, but why does a trib resigning trigger a magistrate election?

[Каие]

I agree on the VONC bit, but not the silver mace bit. Why must a candidate have a silver mace?

PS. It was a mistake the last bit, looks like you're the only one who actually read it!