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Chief Justice
Topic Started: Dec 7 2012, 07:13 PM (603 Views)
hyanygo


Congratulations Swak!

EDIT: Who's the PIP? Secondly, I was re-reading some stuff and I came across this in Rule 1:

"Please note that in relation to advisory opinions, Justices may engage in consultations and deliberations amongst their brethren as deemed appropriate."

I don't think consultations and deliberations is as appropriate as the guidance seems to suggest. I also remember a shift towards a collegiate judgment on advisory opinions from my time on the court. -But-, the Judicature Act places advisory opinions in the hands of the Trial Court, that is, statutorily to one Justice and one Justice only.

I think the guidance should be clearer in that the consultations and deliberations apply to discussions on which Justice will hear the advisory opinion request thingy, rather than to discussions on the content of the judgment.

I hope that makes sense because I'm just procrastinating atm.
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Swakistek
Retired.

Thanks again, all! :)

My PIP will be appointed shortly-ish.

I'll examine the Advisory Opinion issue soon.
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Notolecta
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Notty

Hyanygo
Dec 9 2012, 03:27 PM
I think the guidance should be clearer in that the consultations and deliberations apply to discussions on which Justice will hear the advisory opinion request thingy, rather than to discussions on the content of the judgment.

I believe the consultations and deliberations are also useful for other things. Obviously justices should not comment on the actually decision made because an appeal may happen, but things like formatting and how easy to understand that judgement is have been discussed between justices and are very useful to be discussed. I remember making some minor formatting errors in my first Advisory Opinion that onder found, which allowed me to correct them(the notable one there is I used shortenings of some peoples names rather than the whole name, which is a bit unprofessional for an Advisory Opinion).
The RT. Hon. Notolecta ESE OR1 ESH ESS
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Skizzy Grey
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I personally believe Justices should freely consult with one another privately on matters before the Court, but should not comment publicly on matters that may come before the Court on appeal.

Let's be honest -- we all form opinions on matters that come before the Court. Our duty as judges is not to refrain from having opinions, but to keep an open mind. A publicly expressed opinion, even if offered informally, is difficult to go back on without losing face; consequently, a party who's on the unfavorable end of such an informal opinion will naturally doubt the Justice's ability to adjudicate an appeal impartially. A privately expressed opinion does not create the same set of concerns, and on balance I believe our justice system would be well served by a freer exchange of such private opinions among Justices.
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Skizzy Grey
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Notolecta
Dec 9 2012, 04:03 PM
Hyanygo
Dec 9 2012, 03:27 PM
I think the guidance should be clearer in that the consultations and deliberations apply to discussions on which Justice will hear the advisory opinion request thingy, rather than to discussions on the content of the judgment.

I believe the consultations and deliberations are also useful for other things. Obviously justices should not comment on the actually decision made because an appeal may happen, but things like formatting and how easy to understand that judgement is have been discussed between justices and are very useful to be discussed. I remember making some minor formatting errors in my first Advisory Opinion that onder found, which allowed me to correct them(the notable one there is I used shortenings of some peoples names rather than the whole name, which is a bit unprofessional for an Advisory Opinion).

Advisory opinions are unappealable.
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Notolecta
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Notty

Skizzy Grey
Dec 9 2012, 08:54 PM
Notolecta
Dec 9 2012, 04:03 PM
Hyanygo
Dec 9 2012, 03:27 PM
I think the guidance should be clearer in that the consultations and deliberations apply to discussions on which Justice will hear the advisory opinion request thingy, rather than to discussions on the content of the judgment.

I believe the consultations and deliberations are also useful for other things. Obviously justices should not comment on the actually decision made because an appeal may happen, but things like formatting and how easy to understand that judgement is have been discussed between justices and are very useful to be discussed. I remember making some minor formatting errors in my first Advisory Opinion that onder found, which allowed me to correct them(the notable one there is I used shortenings of some peoples names rather than the whole name, which is a bit unprofessional for an Advisory Opinion).

Advisory opinions are unappealable.

Debatable.
Quote:
 
(b) The Court of Appeal shall have jurisdiction over appeals from decisions of the Trial Court in Criminal Cases, requests for Advisory Opinions or requests for Judicial Review. The Court of Appeal may also review a decision by the Chief Justice or his designate not to accept a case application.

It is unclear what exactly "appeals from decisions of the Trial Court in requests for advisory opinions" means.
The RT. Hon. Notolecta ESE OR1 ESH ESS
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