[RP] Request for Trial - Chester

Tazatron wrote:Your Honour, Cheif Justice of the English Court of Appeals, Lord Loxley,

Greetings,

Thank you for alerting me to the Obstruction of Justice Charge against Judge Llewylyn.

You Honour, I see that you have passed a judgment of guilty of obstruction of justice and sentenced Judge Llewylyn to 1 day imprisonment in the county jail.

Your Honour, with all good conscious I can’t see myself finding a man guilty without giving him his day in court.

The Endowment of Humanity Act
Article 2. Right to Trial
No person shall be fined and/or imprisoned without first having a trial as defined by his Majesty the King.

Your Honour, Chester will comply with your request for trial, we will hold a public trial for Judge Llewylyn, and will take the CoA Cheif Justice recommendation for 1 day imprisonment if found guilty.

Sincerely,

Taz

Arthur_loxley wrote:Sir Tazatron, Duke of Chester:

It gravely concerns this Court how the people of Chester regard this issue. The Court of Appeals has not passed judgment on Llewellyn. The authority of the Court of Appeals does not extend to original jurisdiction in a court case. However, by Charter, this Court is allowed to sentence an individual with procedural penalties such as contempt of court or obstruction of justice, in order to maintain and enforce the judicial process of the Court.

Court of Appeals Charter wrote:Article 9 – Criminal Offenses Against the Court
Obstruction of justice – Situation where an individual tampers with evidence, bears false witness or otherwise obstructs the normal course of justice this include officials who use their position to attempt to circumvent or manipulate the valid judicial process of the Court of Appeals.

Contempt of court – Situation where an individual fails to show proper respect and behaviour in court. Contempt of court includes but is not limited to –
Use of foul and/or degrading language in court
Failure to respond to a court summons
Disrupting court proceedings

These are considered criminal offences.

Article 10 – Procedural Penalties
Those guilty of Contempt of Court shall be fined up to 10 pounds per incident.
Those guilty of obstruction of justice shall be imprisoned for one day. Furthermore those guilty of obstruction of justice may not appear in court representing another person for a 30 day period. These penalties will be laid after the case is decided.
If a county Public Prosecutor or Judge is charged with contempt or obstruction, the Count(ess) of said county must appoint a new Public Prosecutor to file charges. The accused may no longer hold position of Public Prosecutor or Judge, until the case of contempt is resolved.

In all instances these cases will be handled by the County courts.

This Court would also like to remind you of the following:

Court of Appeals Charter wrote:Article 8 – Enforcing the verdict
The CoA shall do its utmost to ensure that the verdict is enforced, contacting whomever is necessary to ensure the decision is enforced.
In all cases a verdict from the Court of Appeals is final – there is no appeal to a decision from the CoA.

In all cases, the decision of this Court is final. It is not, and never has been, a recommendation that should be entertained by another appointed Judge. I believe, by your actions and that of Judge Llewyllen, that you intend to undermine the authority of this Court by introducing the Endowment of Humanity Act in this issue. The Humanity Act applies strictly to an individual and county court cases. The Act is not intended to extend to the Court of Appeals; otherwise, a subsequent amendment of the Charter of the Court of Appeals would have been made after the adoption of the Act in February, or added in May by the House of Parliament when matters of the Charter of this institution were brought forth for consideration from the former Chief Justice Millicent Lenoir.

Again, I must reiterate that failure to comply with the mandate of this Court will result in obstruction of justice against the obstructing party. This Court will elevate this issue to the House of Parliament for high treason against the Judge if compliance is not met by Wednesday, July 22: 12:00 pm GMT.

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

Tazatron wrote:Your Honour wrote:

In all cases, the decision of this Court is final. It is not, and never has been, a recommendation that should be entertained by another appointed Judge. I believe, by your actions and that of Judge Llewyllen, that you intend to undermine the authority of this Court by introducing the Endowment of Humanity Act in this issue. The Humanity Act applies strictly to an individual and county court cases. The Act is not intended to extend to the Court of Appeals; otherwise, a subsequent amendment of the Charter of the Court of Appeals would have been made after the adoption of the Act in February, or added in May by the House of Parliament when matters of the Charter of this institution were brought forth for consideration from the former Chief Justice Millicent Lenoir.

It is your honour, why else are you sending it to me.

Taz

Arthur_loxley wrote:Sir Tazatron, Duke of Chester:

The procedural penalties sentenced by the Court of Appeals are handled by county courts but are not of county jurisdiction. To review how Court of Appeal cases should be handled by counties, please refer to the below documentation:

Salter v. Stafford
Request for Cleification on the CoA Rights and Laws

If you request more information on the way CoA sentences should be completed, please request more assistance in the House of Parliament.

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

Faradorn wrote:Faradorn comes through the lobby to get to the courtroom to check on the case he is handling. On his way he sees the Duke of Chester and Lord Tudor discussing a matter. He overhears the name of the county judge and knows instantly what is being discussed. He approaches.

"Good sirs, greetings. I have been thinking over this matter for a bit now and I want to see it resolved quickly. I think I may have a solution for this.

Duke Tazatron, would you be willing to allow Llewylyn be tried if Lord Tudor gave his word to allow an appeal of the conviction? I know that it is not exactly a trial that would but at least a platform will be offered for the matters of both parties to be raised."

Salter wrote:

The procedural penalties sentenced by the Court of Appeals are handled by county courts but are not of county jurisdiction. To review how Court of Appeal cases should be handled by counties, please refer to the below documentation:

Salter v. Stafford

This should be Salter Vs CoA rather than Stafford if you suggest that it is CoA Jurisdiction not Counties.

Tazatron wrote:Your Honour,

I am not defending Judge Llewylyn actions, I am merely pointing out that you are asking me to put a man in jail with out a fair trial.

The moment your honour sent the case to me, it became a county case and I have to abide by our county laws.

Chester County Criminal Law Act 1456

2. Right to Trial

1. All citizens have the right to a fair trial. Any citizen may request the right to be tried in public by a council of their peers. Defendants wishing an RP trial must make their desires known immediately (in the First Defence Pleading). All RP Trials will take place in the County Inn and be the IG Trial will reflect the decisions made there.

2. In both instances, regardless of rank and status, the accused will be placed in front of a jury of 5 men and/or women that are residents of Chester County selected by the Public Prosecutor and the Public Defender from a pool of potential jurors selected by the Judge. The Prosecution will present the County’s case, and the Defendant or his/her Counsel will have 48 hours to reply. Each side may call witness who can be cross-examined by Counsel and the Jury. After five days, or sooner if both parties are in agreement, the County will present its closing arguments. The Defence will again have 48 hours to reply. The jury will then vote on the guilt of the accused and recommend sentencing in accordance with Chester Law. The whole will be supervised by the Judge who will pass sentence following the recommendations of the jury.

3. The presentation of evidence and the pleas of the defence will be reflected in game and the chosen sentence lodged by the Judge once the forum trial is complete.

4. Any person may request to seek legal council or have a lawyer act in his defence. The council will appoint a Public Defender to provide advice and give help to the accused and to act as the defence’s representation in the Star Chamber.

Your honour, if you wish you can to send a CoA representative to Chester to follow the case.

Arthur_loxley wrote:Sir Faradorn, Citizen of Chester:

A procedural penalty is handled by the county courts but are not of county jurisdiction. An appeal for a CoA decision is improper as all decisions made by this Court are final. As I have shown the Duke of Chester, and will document for you again, please review how these penalties are to be handled by the county courts:

Salter v. Stafford
Request for Cleification on the CoA Rights and Laws

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

----

Sir Salter, Citizen of Stafford and Councilor of Chester:

The heading of the case is not able to be altered as the King assigns the names according to where the proceedings are initiated geographically. Though, the Judge of Stafford that presided over your case, Lady Hamilton, followed proper procedure of the mandate of the Court. Thank you for pointing that out.

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

----

Sir Tazatron, Duke of Chester:

This Court, as we have repeated several times, is not asking or requesting you to jail a man without a fair trial. We are requesting that proceedings be initiated to enforce a penalty levied by this Court. The penalty levied by this Court is not up for debate or alteration by the local courts of Chester. Should the Judge not serve the penalty levied by this Court, he and the Duke of Chester will also be levied with obstruction of justice by this Court for their continued efforts to manipulate the judicial process of this Court.

Court of Appeals wrote:Article 9 – Criminal Offenses Against the Court
Obstruction of justice – Situation where an individual tampers with evidence, bears false witness or otherwise obstructs the normal course of justice this include officials who use their position to attempt to circumvent or manipulate the valid judicial process of the Court of Appeals.

I have already referred you to documentation that may make this more clear, and I will not continue to address it any longer. This Court has expressed its' views in detail on several occasions to both you, and the Judge, as well as now interested parties.

In any case, if you are unaware, Chester County has a current Justice in the Court of Appeals - Justice Lelafirebird. I am also due to travel through Chester County on my way south from Cumberland and can personally make sure that the deadline of the Court of Appeals is met with no further hindrances or delays from the Chester Government.

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

Faradorn wrote:Faradorn sighs.
"This is going to take a while... I wonder what the end result will actually be."

Tazatron wrote:Your Honour,

If you are not going to grant our request for a fair trial for Judge Llewylyn, then we request for a review by the Regent of England Lord Jewbeard of the case and charges brought up against him.

Taz

Steei wrote:

2 Contempt of Court – error of law
The Chester County Criminal Law Act 1456 provides at 1.5
Quote:
“All evidence for any charge is to be passed to the Public Prosecutor for investigation.”

The appellant claims he had no trial in respect of the contempt, and no charge was passed to the Prosecutor. He was not allowed to offer any defence.
This Court agrees that this was an error of law, under the law of the County Palatine, on the part of the Judge. Therefore the conviction for contempt should be quashed.
The appellant is awarded 30 pounds compensation for his night in prison.

how can the court of appeals in one breath say that contempt charges are a separate charge and must be filed as such


and in another have their members spouting they are not bound by thier own verdicts on the matter

Ploate wrote:Ploate walks through the Main Hall of the Court of Appeals, being bored as usual. He blinks rapidly as he hears and sees the commotion. He understands what is being said. He knows the Chief Justice was in correspondence with the Duke of Chester, the correspondence was publically viewable. How this turned into a public discussion in the Halls of the Court was beyond his understanding though. Ploate returns to the Private Justice Chambers but comes back out a few minutes after. He approaches the group.

"Gentlemen, if I may offer an explanation."

"The difference between a Court of Appeals contempt of court charge and the local county contempt of court charge, as in your example of Chester, the Court of Appeals give warnings before they levy the charge. In your example from Chester, the defendant was not warned."

Judge Llewylyn wrote:In the county court verdict of Rotbottom vs. Chester
Additional
In your defence statement I can quote you as saying "although I expect and am prepared for a "GUILTY" verdict from the Court, as the alternative would be to admit the fact that the County of Chester has committed a crime " this statement shows little or no regard for the ability of the Judge to come to an unbiased verdict, suggesting that the trial has already been judged before the case.

8. Contempt of Court

1. Anyone determined by the Judge to be guilty of contempt of court shall have one day in Jail awarded for every instance to be applied after the determination of the rest of the sentence.

2. Contempt of court is any offence which is demeaning or rude to the court or its members or through which the accused shows little or no regard for the authorities or the seriousness of his situation.

I therefore find the defendant Rotbottom to be guilty of Contempt of Court as of this, the 15th day of May 1457 and sentences to one(1) day in Prison

"We give warnings to the parties in court if they cross the line. We give them the chance to recover themselves and better their ways. In your example, the Judge never gave the defendant a warning. A local county court Judge cannot give a warning, as a Judge will only speak at the end of the trial, with the verdict. A Judge can move to private correspondence or to hold an interactive trial in the public forums, in which case this discussion would have been completely different."

"This is something, that I think should be added to the Court of Appeals Charter. I think Justices should be forced in the future to give warnings to Parties in an Appeal case when they cross a line. A chance should be given to the Parties to acknowledge their wrong doing and ask for forgiveness. We, the current Justices, try to do this without an enforcement of the Charter. We do it because we think it is the right way to do it. Like a local County court case gives the chance for the defendant to plead guilty in his/her defence pleadings, and therefore possibly obtain a lighter sentence from a merciful Judge, we of the Court of Appeals try to give the parties the chance to redeem themselves. We warn them when they cross the line, and give them the chance to step back over it."

"Remember that this is a way in order to have proper decorum in our court rooms. If you know another way to do this, please inform the House of Parliament so they can discuss it.
The only other way I would see is to get rid of the offenders, which means kicking them out of court. Is it perhaps that that you, representatives of the citizens, would like"?

Llewylyn wrote:Justice Ploate,

Please do not take offence, but, I was given no warning except a quote of Law (Laws are written in public so it could be taken everyone has that much warning even in county courts) and I was not in a CoA court room to disrupt it.

I do recognise, however, that I must be taken to Law and put on trial. Otherwise the 'teeth', for want of a better word, of the CoA would be undone.

yours

Llewylyn of Chester

Ploate wrote:Ploate jumps as the Judge of Chester appears out of nowhere. His hand reaches for his heart, that is now pounding hard.

"Oh, will you please not do that."

"Ah yes, yours is another case. It's not a case of not showing proper decorum, or showing contempt of court. Yours is a case of Obstruction of Justice, you did not follow the court's orders."

"In that case, I would argue you should first be ordered (although, again?) to carry out the order. If you refuse, then that is clear obstruction of Justice and that warrants the penalty. However, since you are the Judge, it is not in your hand: the Public Prosecutor would need to start a new case. Added to this, the problem that the defendant (Theredchef) is now in Cumberland, results that you have completely no control anymore."

"Is there Obstruction of Justice? Yes. Do you deserve to be given a warning first? Depends. On first hand, I would say yes, although there exist example cases where someone committed an illegal act and was still trialed and found guilty, without warning, just defence pleadings (ask the robbers in our kingdom). A question pops into my head: Why did you not follow the court's verdict in the first place, therefore knowingly committing obstruction of Justice? An answer to this would be handy..."

"And finally, a last issue that may arise, of which I will not speak of until I have thought of it in private: would another case with Theredchef fall under double jeapordy..."

Llewylyn wrote: looking shocked by the jumping justice, the colour from Llewylyn's face drains as Justice Ploate reaches for his heart

Oh Jah, forgive me he prays. As the justice speaks, Llewylyn eyes return to a normal size

This is unfortunately a convoluted and large matter, and to some part I would prefer not to present a case in its entirety here, it would not be fitting. But in simplest of terms, I took the case in the County Court as something I should judge, using the evidence provided by the Chief Justice I found that Master Red was guilty after fair warning of contempt. Using the Court of Appeals Charter, which allows a maximum 10 pound fine per incident, of which there was three, by my understanding I saw a fine from 1 to 10 pounds. The Chief Justice, in his request (and I understand that it may not be classed as a request but this was my mind at the time of the trial), suggested a lenient 10 pound fine.

Llewylyn pauses and frowns slightly

an odd thought, If I had missed a 0 when writing the fine, purely by mistake, then I would still be charged with objection, because no one asked .. how odd .. this is, in fact, the first time anyone of the Court of Appeal has asked why

shaking his head a little to re-focus

Please excuse me. Where was I. Ah yes, the fine. It comes to my attention that the honourable members of this Court are somewhat separated from the real world (CoA is forum based and can not have the benefit of a link to the character like a county court) being set above and available to all, where as the humble court room of Chester sees much less lace. Master Reds attendance to the Chester Court seemed to be a little larger than the normal single person, in fact, a debt collector, a pardoner, and a banker in tears accompanied him. Master Red of cause did not present these people but on talking to them privately I found that Master Red was in a small financial hole, to the tune of 1969 pounds .. hmmm 1969

Llewylyn looks out of the window towards the skies and whispers
Good luck Mr Gorsky

blinking a few times, he faces the Justice again

The horrendous financial situation could be cause for Master Red to retire from society forever, even to the point where his spirit would no long walk our lands. I took Kings edict to heart and wishing to "treat with enough respect that they are not disillusioned and lose interest in life within our lands" felt the 1 pound fine marking Master Red as guilty without over burdening his present situation to be fair to both side.

As this was a case held in County Court by a County Judge, I would have thought that if the Court of Appeal felt my judgement wrong they would have called an appeal to their own court.

Arthur_loxley wrote:Sir Llewylyn, current Judge of Chester:

The Court of Appeals reviewed the documentation concerning the contempt of court case originating in Chester to determine the frame of mind and intent of your actions. In my mind, it is very clear as your verdict states:

Lawsuit between TheRedChef and County Palatine of Chester
TheRedChef was charged with the act of public disorder.
The sentence has been passed.

Judge Llewleyn wrote:The verdict;

The defendant has been proven guilty of public disorder.

Master TheRedChef,

After careful deliberation of this court, with respect to the charges brought against you by the Office of the PP from the Court of Appeals for the crime of Public Disorder , and with use of https://2img.net/r/ihimizer/img12/3727/redcontempt.jpg leading me to review the said case of Aasha vs Chester on the dates of the 1st of June and the 3rd of June
which clearly shows two counts of 'speaking out of turn' and one count of 'defamation of the court' to be taken as 'Disrupting court proceedings classified as Contempt of Court by the Charter of the Court of Appeal


Chester County Criminal Law Act 1456
Article 9 � Criminal Offences Against the Court

Obstruction of justice � Situation where an individual tampers with evidence, bears false witness or otherwise obstructs the normal course of justice this include officials who use their position to attempt to circumvent or manipulate the valid judicial process of the Court of Appeals.

Contempt of court � Situation where an individual fails to show proper respect and behaviour in court. Contempt of court includes but is not limited to �
Use of foul and/or degrading language in court
Failure to respond to a court summons
Disrupting court proceedings

These are considered criminal offences.

Based on the Charter of the Court of Appeals the following represents the penalties to be applied
Article 10 � Procedural Penalties

Those guilty of Contempt of Court shall be fined up to 10 pounds per incident.

Those guilty of obstruction of justice shall be imprisoned for one day. Furthermore those guilty of obstruction of justice may not appear in court representing another person for a 30 day period. These penalties will be laid after the case is decided.
If a county Public Prosecutor or Judge is charged with contempt or obstruction, the Count(ess) of said county must appoint a new Public Prosecutor to file charges. The accused may no longer hold position of Public Prosecutor or Judge, until the case of contempt is resolved.

In all instances these cases will be handled by the County courts.

I therefore find the defendant TheRedChef to be guilty of Public Disorder and as of this, the 8th day of July 1457 and sentences to a fine of one (1) pound due to the lack of funds you presently suffer.

I will remind you also of the Court of Appeals Charter
Article 8 � Enforcing the verdict

The CoA shall do its utmost to ensure that the verdict is enforced, contacting whomever is necessary to ensure the decision is enforced.
In all cases a verdict from the Court of Appeals is final � there is no appeal to a decision from the CoA.

*Judge Llewylyn bangs his gavel*

The defendant has been sentenced to A fine of 1 pound fine.

It was clear that you understood the Court of Appeals decision was final; however, it is strange that you chose to not follow the penalty levied by the Court of Appeals in your judgment. This is a blatant disregard of the Court of Appeals mandate. A warning was given when proceedings were requested to be initiated by the Public Prosecutor. It was clearly stated for all to see:

Chief Justice Hodgson wrote:Failure to either party to comply will be counted as Obstruction of Justice and will result in a one day jail term for the obstructing party.

Your failure, as Judge, to comply with the Court's mandate has resulted in a penalty of Obstruction of Justice being levied and sentencing of one day in jail.

On behalf of the Court of Appeals,



Arthur Loxley Tudor
Chief Justice of the Court of Appeals

Llewylyn wrote:Sir

CoA Charter wrote:Article 9 – Criminal Offenses Against the Court
Obstruction of justice – Situation where an individual tampers with evidence, bears false witness or otherwise obstructs the normal course of justice this include officials who use their position to attempt to circumvent or manipulate the valid judicial process of the Court of Appeals.

Contempt of court – Situation where an individual fails to show proper respect and behaviour in court. Contempt of court includes but is not limited to –
Use of foul and/or degrading language in court
Failure to respond to a court summons
Disrupting court proceedings

These are considered criminal offences.

By CoA charter obstruction is a criminal offence, a crime sir.

National Law wrote:The Endowment of Humanity Act
Article 2. Right to Trial
No person shall be fined and/or imprisoned without first having a trial as defined by his Majesty the King.

You are an agent of the Law, you hold the highest office of Law in this land shy of the King.

The Law is there to help protect the people and define our society. By your interpretation and these actions your 'protection of the people' is ensuring that 'your will above all' should be upheld and your 'definition of society' is compliance of only your interpretations, with no regard for the legal procedures or precedence you are setting.

I was once told that Justices of the CoA are considered Judges in the eyes of the King, then allow me to direct you thus

Kings edict wrote:A judge must always bear in mind this fundamental principle: He must only act in the interests of the Renaissance Kingdoms game. These interests are rigorously defined by the interests of all the players (not solely of the majority of them), including the condemned. A judgement must be found that satisfies not only the plaintiffs but also the accused, who must be treated with enough respect that they are not disillusioned with the game and lose interest.

General principles of justice

A judge holds great power over thousands of Renaissance Kingdoms players ; along with that power goes a responsibility toward the other players, the game in general and the designers. If a judge abuses or misuses their power, it could gravely endanger the game's equilibrium, poison the atmosphere and damage the fragile structure that the designers made such an effort to construct. For these reasons, a judge must respect the following rules, which have the goal of framing and harmonising justice in the Kingdoms across all the duchies and counties as well as through time.

Silvermane wrote:What you fail to see is that it is a crime to the breach of procedure and not to any law.

As such the COA has full jurisdiction, sanctioned by the HOP, in imposing punishment to one that ignores or disregards such procedure.

As the COA itself has no venue to impose the said punishment on the infractions to procedures, it asks the county courts to do so on its behalf. The COA does not ask for a trial ... just the imposition of penalties disregarding PROCEDURE which is within their realm of their charter legally approved by the HOP (representatives of the county councils).

Gabrielle_ wrote:However in the case of an obstruction charge or a contempt charge levied during an open court trial, the issue of the trial is being covered within the bounds of the Humanities Act.

Thedukeofholmby wrote:If the Court of Appeals is to apply your interpretation of the Endowment of Humanity Act, it is never lawful for a seated Justice to convict some one on Contempt of Court charges. What, may I ask the venerable arbiter, is this Court's obligation; to the law or the individual? Any judgment issued is done so with the sincere understanding of the gravity of the action. All justices on this Court are well aware of their duties to uphold the law and to act in the best interests of Renaissance Kingdoms. If the justices of the Court of Appeals are not afforded the opportunity to maintain order in its Courts, what are we to do? Surely it would not be wise for a County Judge to hold a trial as to the behaviour of an individual in the Court of Appeals. Your interpretation makes it impossible for any one to receive punishment if as you say:

Hon. Llewylyn wrote:no person shall be fined and/or imprisoned

Where does this end?