Judicial Review #2, on the application of Lord Ravenclaw

[Datford-Zyvetskistaahn]

Following the acceptance of an application for judicial review made by Councillor Lord Ravenclaw, a Court of Appeal of the Pschent has been convened to consider said application. Facts relevant to the background of the application can be found here

The application is made pursuant to clause 7.3(a) of the State Code of Osiris, which reads:

(a) Administrative and moderation action may be reviewed by the Pschent, by petition of any citizen or on its own initiative, exclusively to determine whether the action taken was necessary for enforcement of the Zetaboards Terms of Service, Terms of Use, and/or forum security.

Under this clause, and the subsection preceding it, the power of the Pschent to review administrative and moderation action is limited. The matter for review is solely whether the deletion of the thread was necessary for the enforcement of the Terms of Service, the Terms of Use, or the security of the forum. This review is not concerned with the legality of the thread in question.

The applicant, Councillor Lord Ravenclaw, and the Scribe of Seshat, Scribe Tim Stark, or a deputy nominated by him may make submissions as a matter of course. Additionally, I appoint Scribe Ainocra, an administrator of this forum, who's thread was deleted and who is alleged to be responsible for its deletion, as amicus curiae.

While this thread shall remain open, it shall be open to allow for the announcement of the appointments two Elders ad hoc by the Pharaoh and the agreement to such appointments by myself and by the Keeper of the Deshret, and therefore submissions ought not be made yet, as the full membership of the Court has not been determined.

[Koth]

I appoint the following as Elders ad hoc for this case:

Ivo
Severisen

[Datford-Zyvetskistaahn]

I agree to both of the above appointments.

[Andrew]

I appoint the following as Elders ad hoc for this case:

Ivo
Severisen

I also agree to the following appointments.

[Datford-Zyvetskistaahn]

Those named at the beginning of this review may now make submissions, they shall have four days from this post (ending on Saturday the 10th of October) to do so and ought to direct their submissions as to the necessity of the deletion of the post to enforcement of the Terms of Use, the Terms of Service and forum security. They do not need to address in their opening submissions the arguments of others who make submissions and will be afforded opportunity to do so once all named have made opening submissions, or once four days have elapsed (unless no submission is made by the others named).

[Tim Stark]

Given that I do not intend to continue in the position of Scribe of Seshat due to my inability to devote the proper amount of time that this job would need at this point in time, unless the Pharaoh essentially drags me kicking and screaming into the position, I feel it inappropriate for me to present any evidence on this matter. I would petition the Elder to extend the submission period to allow for a new Seshat Scribe to submit any relevant evidence.

[Datford-Zyvetskistaahn]

The request for an extension is noted. I shall determine whether to make an extension, and how great an extension ought to be, nearer to the elapse of the time allowed for submissions, when it should be clearer whether there is likely to be a Scribe confirmed in time enough to prevent unreasonable delay to this review.

[Datford-Zyvetskistaahn]

On the applicant having requested that their application for review be considered retracted, the Court dismisses this review without prejudice to future requests on the matter raised by it.

In making the above dismissal, I am joined by both Elders ad hoc, Severisen Montresor and Ivo.