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RZ14 - An Act to Remove Béneditsch Ardpresteir

Published in Clark #3

WHEREAS, in the first instance, on November 3, 2017, Béneditsch Ardpresteir, as a Pusine Justice of the Uppermost Cort of Talossa, issued a suo moto injunction; 

WHEREAS, soon thereafter, other justices intervened to nullify the previous injunction; 

WHEREAS, on November 6, 2017, the Attorney General requested leave to intervene and be heard on the matter; 

WHEREAS, as of January 5, 2018, sixty ("60") days has elapsed from when the Attorney General requested leave to be heard on the matter, and throughout that duration, the Béneditsch Ardpresteir failed to appear or act; 

WHEREAS, the case remains an open case in which Béneditsch Ardpresteir is a judge and a participant; 

WHEREAS, in the second instance, on December 27, 2017, the Ministry of Justice, having concluded the investigation into the conduct and actions of Béneditsch Ardpresteir, issued a report and recommendation to the Ziu pursuant to Lex.D.2.5.1; 

WHEREAS, said report identified an civil action commenced on November 7, 2017 by the Ministry of Justice against Béneditsch Ardpresteir, in his official capacity as a Justice of the Uppermost Cort of the Kingdom of Talossa and based on the aforementioned suo moto order issued in performing his official duties as a justce, which sought relief that would require Béneditsch Ardpresteir to engage in certain official conduct as a Justice of the Uppermost Cort; 

WHEREAS, on November 14, 2017, the Uppermost Cort of the Kingdom of Talossa instructed all parties to answer within a set period of time; 

WHEREAS, that time having expired, and Béneditsch Ardpresteir having failed to appear before the Cort, on December 16, 2017, the Cort entered default judgment in favor of the Attorney General; 

WHEREAS, Béneditsch Ardpresteir currently sits as a justice of the Uppermost Cort; and

WHEREAS, upon the passage of January 13, 2018, said justice failed to appear in an open case in which he was a participant, as instructed by the Cort, within sixty (“60”) days, measured from November 14, 2017. 

THEREFORE, pursuant to the Organic Law of the Kingdom of Talossa art. XVI § 1, the Ziu is empowered to remove a justice who fails to appear in an open case in which they are a participant involved by a simple majority vote of each house; 

BE IT RESOLVED, that sixty (“60”) days having expired from when the Attorney General sought leave to intervene in the action described in the first instance without Béneditsch Ardpresteir appearing or acting in an open case in which he is  a judge and is a participant; and that sixty ("60") days having expired from commencement of the aforementioned action in the second instance,  the Ziu hereby removes Béneditsch Ardpresteir for failure to appear and for failure to act in cases in which he was a participant and/or a judge/justice, in violation of the Organic Law. 
 

51th Cosâ, Clark #3 results		Amendment?	Ziu	Cosâ				Senäts
Bill	Title		Result	Për	Contrâ	Abstain	Result	Për	Contrâ	Abstain	Result
RZ14	An Act to Remove Béneditsch Ardpresteir	No (double majority needed)	Fail	97	30	49	Pass	2	5	1	Fail