2008-10-12 - In re Republic Case 39380

Somber and cold, this large chamber is ringed about three of its sides with simple, blue cushioned benches descending to stage-like floor at to the north. Here, two long desks: one of polished black plasteel, the other of white, sit humbly before the imposing edifice of the Podium. Standing four meters tall over the desks and benches, more than likely the highest seat on Coruscant, the Podium is constructed of simple silver durasteel, polished and glimmering even in the subtle lighting of the Courtroom. Behind, like a simple downward strok of paint, hangs a blue flag bearing the Seal of Republic Law.
The chamber's roof is pointed, and on all sides for the north it is flanked by an army of columns. To the south there is no wall, and a walkway leads through the columnade into the Palace Gardens that share this Eastern Summit.
Meena Tills enters the Supreme Court, and pauses where petitioners traditionally stand.
Bail is already seated at the head of the Court, going over some things.
LEGAL: Your legal abilities could best be classified as: Above the Law.You are disturbingly overprepared to argue before the Supreme Court.Type +argue to introduce precedents before the Court.Type +rules for Court rules.+Judge <Case Title>=<Judgment Text> will enter a judgment.Type +judges To see a listing of judges.
Dash arrives shortly after the Command Council chairman, moves to the same position, and pauses there. He nods to the Mon Calamari but says nothing.
Meena Tills speaks up. "Supreme Justice, I have a matter I wish to bring before the Supreme Court as an issue of clarification. While the issue was raised in the context of an ongoing trial, it affects the entire functioning of the Republic Government, and I would like therefore to request a clarification in general, independent of that case."
Bail looks up and nods to Meena and Dash. "Very well, Chairman. Please present your argument."
Meena Tills nods. "All right. There are two laws respecting the office of Moff: Republic Case 39380, and Republic Case 43788. 39380 was passed first, and Republic Case 43788 uses the term Moff without definition, while specifying that certain moffs shall be appoitned by special procedures and given authority over specific military disttricts. I would like to establish whether the Command Council's interpretation of the relation between these laws is correct. I would contend, first, that both laws are valid, since the second law does not repeal the first and is in fact dependent on its definition of Moff. I will have further arguments to make, but that is the first chain in my argument. Here are the precedents I have found directly relevant to this, though it is a general principle of jurisprudence that a bill dependent on a prior bill and not repealing it explicitly cannot be viewed as repealing it implicitly."
LEGAL: Meena Tills introduces thirty-seven extremely convincing precedents (spanning 23469 years) to support his point.
Hairs stand on the back of the Viceroy's neck, but little else happens from the man. He was apparently feeling something unexplainable, but even so, it wasn't the first time. Not even close. And as such, he did not care. Not yet at least. He merely listens to the Chairman speak.
Bail notes Tills's argument and precedents. "Proceed, Chairman."
Meena Tills nods. "Very well. I would second like to register with the Supreme Court those individuals who were appointed Moffs, and whose appointments have not been revoked by the Command Council in regular meetings. Those appointments were published per the usual perocedures under REpublic Case 39380, and by the language of 39380 should be considered valid. All these appointmens were made before Republic Case 43788 was passed, and as such, these individuals are moffs by the language of 39380, and do not hold the specific positiosn established in 43788: Nissa Sarcat, Dash L'Hannen, Terienn Brae, Jana Dawnrunner, and Obi-Wan Kenobi."
Rylas enters the courtroom from the garden through the columnade to the south.
Meena Tills is standing before Bail, presenting some kind of argument. The displays that are showing in the audience suggests that he is arguing about the interpretation of Republic Cases 39380 and 47388.
Rylas comes into the court being led in by his droid and using a walking stick. He taps the stick in front of him softly as he goes.
Bail makes a few more notations and then looks up. "Anything more, Chairman?"
Meena Tills nods. "Indeed. I wish to cover all the specific poitnts of the argument. I will note first, the exact language by which the positions in 43788 are established: The Republic will appoint moffs to command military operations in defense of the Republic in each military region." This language does not prohibit the appointment of other moffs, nor invalidate prior appointments, and as such, by the usual principles of jurisprudence, the prior appointments remain valid. That is a poitn for which, again, there is ample precedent.
LEGAL: Meena Tills introduces fifty-six extremely convincing precedents (spanning 5495 years) to support his point.
Meena Tills nods. "Next ..."
Meena Tills says, "The language of 39380 states: "4. Moffs will be considered as acting under authority delegated by the Senate and shall be subject to uphold Republic law and to guarantee that the forces under their control comport themselves in a fashion that respects the rule of law and the honor and traditions of the Republic." Therefore, again by a variety of precedents, Moffs have the authority to enforce Republic law if it is being violated.""
LEGAL: Meena Tills introduces thirty-one extremely convincing precedents (spanning 6226 years) to support his point.
 
Bail has all but abandoned keeping track of things by hand. The droids are doing it for him anyway.
Meena Tills says, "This is the essence of my case, Supreme Justice. I am prepared to argue other issues if they are raised or become relevant, but that is what I wish to obtain the Supreme Court's judgement about. If this interpretation is incorrect, the entire administration of the Unified Command is invalidated, and our current officers' authority to act in a variety of everyday situations will be legally questionable."
Bail strokes his chin. "The Supreme Court will take your arguements under consideration and a judgment will be rendered shortly. Thank you."
Meena Tills nods. I would like to remain and speak with some others quietly while the decision is considered, if that is acceptable?"
Bail glances up and nods. "Very acceptable. I may need to retire to the law archive. But please, go ahead."
Meena Tills nods, "Of course."
Meena Tills turns and walks to where Dash L'hnnar and Rylas are standing, and seats himself between htem.
The Viceroy offers a nod to the Supreme Justice, and then to the approaching Mon Calamari. "Chairmin Tills," he says evenly. "Good arguements. And very necessary. I am elated that it was your legal expertise taking on that challenge."
Meena Tills nods. "If Moffs haven't the authority to enforce Republic Law," he says quietly, "we'll need to completely redo the structure of the republic military."
Rylas nods as he approaches. "I'm inclined to agree. That's like telling police officers they can't make arrests within their jurisdiction."
"Or outside of it," Dash looks to Rylas, "if there aren't any officers around, but a crime is being blatantly committed."
Meena Tills nods. "My feeling exactly. But we'll see how the Supreme Justice rules. But the key is that there is no specific jurisdiction assigned by 39380. Moffs act under authority delegated in general by the Senate."
Bail is busy with some clerks and droids composing something beautiful.
"Exactly," Dash utters quietly with a nod. He falls silent and looks back to the Supreme Justice, watching his movements and the droids around him.
Rylas takes a seat. "Well, I guess we just wait and see how this turns out."
Meena Tills nods, also seating himself.
Meena Tills sits quietly conversing with Rylas and Dash, and then checking the news.
----
In re Republic Case 39380Justice Bail Organa has entered a new judgment and it reads:. . . based on precedents offered. . . the Supreme Court decides . . . Republic Case 39380 is not totally mutually exclusive with Republic Case 43788. . . 43788 takes precedence over 39380 only where it specifically conflicts with 39380. . . no Republic Case is to be considered in supersession unless it is made so by succeeding laws or all of its points are made so by succeeeding laws, collectively or individually. . .Signed,Justice Bail Organa
----
Meena Tills reads the legal judgement, and rises halfway, then double checks the judgement just offered.
Rylas reads nothing. Is blind.
Dash, too, looks over the release of the legal judgement. He ponders silent for a moment, hmms, and then watches the Mon Calamari for a split second.
Bail renders his judgment. "Questions?"
Rylas says, "Yeah, what was the judgement?"
Meena Tills rises. "I note that you only addresed the first poitn in my argument," he says quietly. "The matter that most concerns me is the claim that no doubt some might make that there is something invalid about Moff appoitnments under 39380, given the new law 47388. I'd like if at all possibility for the validity of the appointment of the moffs I listed to be explicitly recognized by the court."
Bail nods. "The Court feels, from the standpoint of defining the legal framework of the Republic, that your first point is the most relevent. Is there any language in the the succeeding law that specifically invalidates the previous appointments?"
Meena Tills shakes his head. "There is not. And that is all I wish to have stated: that those names were in fact duly registered as Moffs under 39380, if at all possible. Graf von Mourn, and any other criminal wishing to invalidate a crime when arrested by a moff, might find some technicality, and I'd rather clear the decks and move forward."
Meena Tills says, "rather than have that issue open legally. The moffs need to have confidence to do their jobs.""
Bail replies. "I believe the Court has given them the legal cover they need, Chairman."
Meena Tills nods. "Very well, Supreme Justice. I appreciate your time."
"Yes," Dash says with a nod to Supreme Justice. "Thank you for your time." He pauses, turning to Tills. "And yours." He moves past the Mon Calamari and to the Chancellor, resting a hand on his shoulder for a moment. "I am glad you are doing better, and mobile. Again, thank you," he says finally, then moves on.
Category: October 2008 RP Logs