[Amendment] Magistrates and re-election

[Jom]

Proposer: Jom
Supporters: Visna, Mega Tortas de Bodemloze, Major Darling

At the moment the constitution states:

Article III. Judges

To serve on the Tribunal, a panel of two Tribunes is appointed by the Hexagon Council. Tribunes can only be drawn from the ranks of those with at least a Silver Moderator's Mace or from those who have served as Magistrate for at least one term.

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 and must have been citizens for at least 3 months.

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.

The section which interests me is the one concerned with Magistrate dismissal. I would like to make it so that a Magistrate that has been dismissed by the Tribunals is barred from standing at the next election as it would be a massive waste of time were they to win, only to be dismissed once more. Considering some Curia votes are solely based around popularity, I believe that this change is warranted to stop some members blindly voting for simply the most popular candidate in a by-election, even though that candidate was just dismissed from his/her post.

The revised section would read:

Article III. Judges

To serve on the Tribunal, a panel of two Tribunes is appointed by the Hexagon Council. Tribunes can only be drawn from the ranks of those with at least a Silver Moderator's Mace or from those who have served as Magistrate for at least one term.

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 and must have been citizens for at least 3 months.

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. A terminated Magistrate is barred from standing in the Magistrate election immediately following their termination.

[M D]

Support, seems smart and filling a loophole

[Mega Tortas de Bodemloze]

Any person who served as a Magistrate and was dismissed by the Tribunes is barred from standing in the next Magistrate election immediately following their dismissal.

Sold, unless someone knocks a hole in it.

Support.

[Viking Prince]

I wold suppose that Hex will already nix such a candidate from running. Is this really needed? Is there a reason to be doing this based upon something that has already occurred?

Opposed, but open to a good set of reasons to support.

[Jom]

I wold suppose that Hex will already nix such a candidate from running. Is this really needed? Is there a reason to be doing this based upon something that has already occurred?

Opposed, but open to a good set of reasons to support.

No, this isn't based on any scenarios I can think of but it just struck me as something which could conceivably happen and cost the Curia some time in appointing a suitable Magistrate. I don't see anything wrong with codifying this as some may take offence at Hex vetoing an otherwise eligible candidate.

[Mega Tortas de Bodemloze]

Sold, unless someone knocks a hole in it.

Opposed, but open to a good set of reasons to support.

Votes for sale, Get'm while their Hot....

[Squid]

Any person who served as a Magistrate and was dismissed by the Tribunes is barred from standing in the next Magistrate election immediately following their dismissal.

Too wordy how about this:

A terminated Magistrate is barred from standing in the Magistrate election immediately following their termination.

[Jom]

Any person who served as a Magistrate and was dismissed by the Tribunes is barred from standing in the next Magistrate election immediately following their dismissal.

Too wordy how about this:

A terminated Magistrate is barred from standing in the Magistrate election immediately following their termination.

Sure, anything that's more succinct is welcome. I see you're still in favour of keeping the term "termination". Is there some sort of background to this like the Tribunes at the time insisted that this was the verb to be used?

Edited the OP to reflect Squid's change. If those who initially supported could re-affirm it, that would be lovely, and I suppose that you now support it, Squid?

[karamazovmm]

I support the governor approach

[Squid]

Consistency with the rest of that part of the constitution where the word terminated is used in describing the tribunes firing a magistrate.

[Каие]

I oppose on the grounds that a dismissed Magistrate should get the opportunity to seek the people's mandate once again in the wake of the crimes which saw him dismissed in the first place.

[Jom]

I oppose on the grounds that a dismissed Magistrate should get the opportunity to seek the people's mandate once again in the wake of the crimes which saw him dismissed in the first place.

And so he can in the election following the by-election held to replace him, but what is the point in instantly replacing someone who was dismissed with the same person? It's a futile exercise.

[Каие]

I don't care too strongly either way mate. I guess you're right though. A dismissed magistrate is unlikely to run again. Even if he does run again, the Hex would just veto their application. This happened back in January when I was Curator.

[Mega Tortas de Bodemloze]

I don't care too strongly either way mate. I guess you're right though. A dismissed magistrate is unlikely to run again. Even if he does run again, the Hex would just veto their application. This happened back in January when I was Curator.

Right then..........Let's get it on paper then and be done with it.

A terminated Magistrate is barred from standing in the Magistrate election immediately following their termination.

.

[y2day]

I thought the Tribunes had to "approve" the top vote getter anyway......

I could be wrong.

[Jom]

Can I really not find one more supporter for this? Also, it would be nice if Major Darling and Mega Tortas could reaffirm their support for the slightly amended wording.

[Visna]

Support the amended version.

[Nikos]

Oppose.

What if the Magistrate was terminated due to inactivity caused by real life problems instead of doing anything wrong or reprehensible in the Tribunal? (Like me ) Would it be fair to bar them?

[Mega Tortas de Bodemloze]

Oppose.

What if the Magistrate was terminated due to inactivity caused by real life problems instead of doing anything wrong or reprehensible in the Tribunal? (Like me ) Would it be fair to bar them?

That would be an "in house" decision. Operational Communication with one's higher chain of command in paramount in all scenarios.

Hey Mega Tortas, would you mind reaffirming (or opposing if you feel that way now) this amendment please?

Support.

[Nikos]

That would be an "in house" decision. Operational Communication with one's higher chain of command in paramount in all scenarios.

How would it be "In house" if it's stated in stone that they're barred? I think the wording is fine the way it is now. That said, I don't plan on running for Magistrate again (Which I'm sure makes our illustrious Tribunes happy ) so this doesn't affect me. I just don't want to see something like this happen in the future.