Index ← 1186 CFJ 1187 1188 → text
From: 
To: agora-off 
Subject: OFF: CFJ 1187 Judged TRUE
Date: Wednesday, December 08, 1999 6:48 PM


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                              CFJ 1187

    A Judge is considered to be assigned to Judge a particular CFJ
    at the time that the Clerk of the Courts announces the identity
    of the Judge, and no sooner.

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Motion 1187.1 by Wes:

    We also Move that Rules 408 and 1868 be Annotated with the above
    Statement.

Granted by Elysion with:

    I also grant motion 1187.1

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Called by:           Wes

Judge:               Elysion
Judgement:           TRUE

Judge selection:

Eligible:            Elysion, harvel, Kolja, Lee, Michael, Murphy,
                     Palnatoke, Peekee, Steve, t

Not eligible:
Caller:              Wes
Barred:              -
Had their turn:      Blob, Chuck, Crito
Already served:      -
Defaulted:           -
By request:          -
On Hold:             elJefe

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History:

Called by Wes:                        07 Dec 1999 23:58:52 -0800
Assigned to Elysion:                  08 Dec 1999 00:34:12 -0800
Judged TRUE by Elysion:               08 Dec 1999 21:36:46 -0500
Motion 1187.1 Granted:                08 Dec 1999 21:37:47 -0500
Judgement Distributed:                As of this message

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Caller's Arguments:

Rule 1868 reads, in part:

      Whenever there is an open Call for Judgement to which no Player
      has been assigned as its Judge, the Clerk of the Court shall, as
      soon as possible after being made aware of this condition,
      select a Player to be assigned as its Judge.  This selection
      shall be made from amongst all those Players eligible to serve
      as the Judge of that CFJ.

      [snip]

      The Clerk shall announce the identity of the Player who is
      assigned to Judge a CFJ as soon as possible after the selection
      is made.

Rule 408 reads, in part:

      The Player assigned to Judge a Call for Judgement is required to
      either return a Judgement upon that CFJ or dismiss that CFJ
      within the assigned deliberation period, which ends seven days
      after e is assigned to Judge it.

Although the actual act of "assigning" a Judge is never defined in
the Rules (or at least we cannot find it), the Rules do make mention
of several other actions regarding the process of choosing a Judge
and causing em to be responsible for the execution of eir duties.
Rules 1868 and 408 describe the process quite well, in fact.

First, the Clerk of the Courts must select a Judge. This appears to
be an internal process, private to the Clerk, governed by a few
guidelines but with a great deal of flexibility on the part of the
Clerk of the Courts. This action must be performed As Soon as Possible
after the Clerk is made aware of the fact that there is an outstanding
Statement to be Judged.

As Soon as Possible after the selection has been completed, the
Clerk must then notify the public of that selection. The use of
the word "announce" causes this notification to fall under the
jurisdiction of Rule 478, mandating a notice to be sent to the
Public Forum.

At some point, the Judge then returns a Judgement on the Statement,
and returns decisions on whatever Motions may be pending with
regards to that CFJ. This is where things get just a bit murky.
There is a timing requirement placed upon the Judge to do this,
which begins ticking the clock when the Judge is "assigned" to
Judge the Statement. The Rules, while explicitly defining when
the Judge is selected, and defining when the public is notified
of that selection, do not actually define when the Judge is
"assigned".

Simple common sense, combined with basic judgement regarding the
best interests of the Game, tell us that it would be quite against
the spirit of the Game to require actions of a Player without
informing that Player of said requirements. In fact, Rule 1513
would prohibit any entity (including bodies of text, and including
the Clerk of the Courts, or perhaps even the Rules) from requiring
a Player to perform any action without that Player first being
notified. These factors when combined would form a rather strong
argument in favor against considering the selection of a Judge
to be the time at which the Judge is "assigned".

Simple common sense again tells us that some event must be
defined as "assigning" the Judge to the Statement, however. The
Rules require it. At some point, a Judge is "assigned" and there
is very little to be gained by disputing this. The only matter
in question (a relative statement, in no way indicating that any
Agoran actually thinks anything other than what this CFJ alleges)
is exactly when this occurs. Since the only other discrete event
with a verifiable time is the actual notification (sent to the
Public Forum) of the selection of the Judge, it would seem
quite reasonable to consider this to be the actual "assignment"
of the Judge to the case. The best interests of the Game would
support such a decision, and Game Tradition certainly supports
it quite heavily.

We would therefore encourage the Judge rather strongly to return
a Judgement of TRUE to this Statement, and grant the Annotation
so that any further murkiness can be avoided.

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Evidence attached by the Caller:



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Judge's Arguments:

Common sense alone suggests that the statement is true. Prior to the
CotC's decision, there are usually several possible outcomes. It
makes no sense to say a judge is picked before the CotC makes eir
decision, and it seem that after the CotC's decision the judge is
indeed chosen. The moment of the decision thus is the moment when
the judge is first assigned to be a judge.

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