To preface this, Zukchiva wrote these tutorials on how to be an Arbiter, how to be a Presiding Arbiter, and how to be a Viceroy, in Conclave closed chambers as part of his reforms of the branch as Viceroy in March 2020. How to be an Arbiter was posted on the 23rd. The rest were posted on the 27th. Following deliberation with Zukchiva and between the current members of Conclave, these guides were transferred to my authority as Chancellor of the University, to publish at my leisure. The goal of publicizing these guides is to grant the populace a closer look at how Conclave operates. This allows arguably the most private branch of the Confederacy a spotlight for residents to understand it. Additionally, it grants Arbiter hopefuls a run down on their job before they take it.
As part of the Conclave reforms, it is time to recreate the guides Viceroy Barb first created a decade ago. This guide is meant to replace the one Barb made for future Viceroys, specifically the part meant for Arbiters in general.
This guide detailed below should be taken with a grain of salt. It is not a formal, official set of procedures, so overtime it will grow outdated as the region changes. It’s suggested for future Viceroys to please update this guide as things change, because otherwise a total new guide will have to be created one day. Save the effort for your successor!
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Welcome to this guide. And welcome to Arbitership!
Being an Arbiter is not one of the funnest jobs in the East Pacific. You’re career is set to be the judge of your fellow citizens. You’ll be dealing with confusing matters of law that you wouldn’t have dealt with as a citizen or Magister. Often times you’ll find yourself bored of the job and barely functioning in it. And sometimes, you’ll feel like you’re going way over your head!
But really, this job is essential for the region’s welfare. The Conclave is the judge of the citizenry of the East Pacific and its government. It keeps in check the other three branches, and it refines the law passed through the Magisterium. Without the Conclave and its Arbiters, TEP would be a much more confusing and corrupt region.
So thank you for choosing to accept these worn and old robes. But have no fear: this guide is meant to help you in this esteemed role. So grab some caek, sit down, and read what I’ve listed below.
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Reading Material
You should know that as an Arbiter, your job will involve tangling and dealing with East Pacifican law. Thus, it’s suggested to look through these resources to understand what the East Pacific’s law is, as well as the Conclave’s procedures, so that you will be prepared for anything the world throws at you!
-The Concordat and Laws of The East Pacific - The East Pacific - Tapatalk
Statutory law, also known as written or legislative law, is law passed by the Magisterium. All of it is compiled in the link shown above.
Statutory law is important because it explains the criminal sentences and charges within East Pacifican law along with how the government is meant to function. These laws contain the reason future trials occur (such as government officials violating procedure or a citizen committing treason), so it’s recommended to read into laws periodically. Statutory law will also be the first thing you will be looking at when forming a trial verdict, so it’s kinda important.
One fun way to do this is to get involved in drafting new laws and amending old ones in the Magisterium thread! You get constant exposure to the law and don’t sit around doing nothing most of the time.
-Standing Orders of Conclave - The East Pacific - Tapatalk
This is the guiding document for Conclave procedure. It is important to read this and understand how the Conclave functions for obvious reasons! Make sure to read this carefully, because people will expect you to know how your court functions.
-The East Pacific - Tapatalk - Login
These rules were instituted by the Conclave in a vote based upon Section 1.2vi in the Standing Orders of the Conclave. They clarify certain procedures of the Conclave and are a necessity for you to know to function well as an Arbiter.
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The Administrative Rules on Evidence and Procedure dictate how evidence is handled during a trial.
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The Administrative Rules on Acting Viceroyship dictate what will happen should both the Viceroy and Acting Viceroy become inactive in their duties.
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The Procedural Rules Regarding Precedent dictate the status of precedent versus statutory law, what precedent is, and how it is used, and how it can be voided. This is an especially important item to read, and you should take time to understand what it says.
-The East Pacific - Tapatalk - Login
Last but not least, this source of law contains all of the Conclave’s official verdicts. These verdicts contain what is considered as precedent and what is not. This collection of law provides for easy reference to the Conclave’s decisions, and should be looked at whenever a verdict is being formed.
Of course, it’s a bit extensive. You shouldn’t have to read each review, but make sure to keep this link somewhere handy, as items-consisting-of-precedent are law, and even the things that do not constitute precedent (and thus, not law) can still prove helpful in trying to decide a verdict. In other words, this is your Conclave handbook!
If a Review or Trial has not been added to the Index, please tell the Viceroy so that they may add it in.
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As an Arbiter, you’ll be expected to act in certain situations. Always remember to keep a clear head, and make sure to be fair and impartial in whatever you do. Your duty to the region is an important one, so treat it with respect.
In essence, Arbiters are required to do one thing. VOTE. When there is a vote going on in the Conclave, you are expected to vote.
In addition, for most matters it is encouraged that Arbiters PARTICIPATE in debate, though it is not required. Debate of a verdict or situation ensures all aspects of an issue or verdict are looked at and examined, and its always nice to have the Conclave as an active body.
In the end, you’re expected to BE ACTIVE and BE WHERE YOU NEED TO BE. As I mentioned in the foreword, being an Arbiter is often a listless job with nothing to do for literal months. However, you need to keep watch over the Conclave subforum regardless, as being active in your job is a requirement.
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What Is an Advisory Question
An advisory question is an unofficial question any citizen may ask the Conclave. While they can be effectively asked anywhere, most are usually put into a thread in the Conclave public forum. Questions can be about any sort of legal topic, and are answered with Arbiters’ individual opinions. An informal verdict can be formed, but such a verdict will never constitute precedent, due to the unofficial status of an Advisory Question.
Arbiter Duties in an Advisory Question
In an advisory question, you are expected to post an informal legal opinion answering the question. If an informal opinion has been posted by another Arbiter, you may agree with them instead of posting your own opinion. Note that while you are not REQUIRED to post, it is heavily encouraged!
Should an informal verdict be drafted in Closed Chambers, its expected but not required for you to participate. However, you must vote your opinion when the informal verdict is prepared for voting.
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What Is A Judicial Review
A Judicial Review is an official question posed by a citizen or regional authority about the constitutionality of a law or government action. The people who may ask for a judicial depends upon the Standing Orders of the Conclave.
The current ways a Judicial Review may be instituted are:
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At the Conclave’s discretion following the passage of a law.
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A Judicial Review question asked by the Delegate.
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A vote by the Magisterium.
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A vote by the Viziers.
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A citizen asking a question, with a Conclave vote to either raise the question to a judicial review (if it was an advisory question) or to confirm the question (if it was a question seeking a judicial review).
Upon a Judicial Review being instituted, the Viceroy will post a public thread (where the public can debate on the matter and bring up relevant precedent and law) and a Closed Chambers thread (where the final verdict will be drafted and debated by the Arbiters).
All Judicial Review verdicts will form precedent, and should be added to the Law Index by the Viceroy once the verdict is approved by the Arbiters and posted on the public thread.
Arbiter Duties In A Judicial Review
In the matter of a Judicial Review, you are not expected nor required to post in the public debate thread. That thread is for the public, not for the Arbiters. You may feel free to post in the thread, but remember that it is not an expectation nor a requirement.
In the Closed Chambers thread, you are expected to post but not required too, just like for an Advisory Question’s drafting of a verdict.
You are, however, REQUIRED to vote on any draft verdict put up to vote. You need to remember that voting is the most basic way to show your opinion. If you don’t vote in multiple votes, you face being removed as an Arbiter.
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What Is A Trial
A trial is an event where the Conclave, after reviewing evidence and arguments from two parties, renders a verdict on a dispute or criminal charge.
There are three types of trials that the Conclave conducts, both being defined in Section 2 of the Standing Orders of the Conclave. The procedures for criminal and civil trials are further defined in Article III of the Standing Orders, and the procedures for appeal trials include procedures listed in Article III and Article IV.
The three trial types:
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CRIMINAL: The most common type of trial. A criminal trial is one where the government of the East Pacific (via the Viziers/The East Pacific Police Service, the Delegate, or the Chief Officer of Justice) charge a citizen for either breaking the East Pacific’s statutory laws or the Concordat itself. This type of trial usually results in banishment as punishment.
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CIVIL: A civil trial has two sub types. The first type of civil trial is a challenge against government legislation or action by a citizen. In other words, a citizen is disputing the government’s actions or expressing disagreement with government legislation. The second type of trial is a dispute between two citizens, and in which case the Conclave acts as a mediator in the argument and renders a decision.
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APPEAL: An appeal is an official re-trial of a previous trial. It will have special procedures followed in Article IV of the Standing Orders, but otherwise appeal trials will follow normal trial procedures as listed in Article III of the Standing Orders.
Arbiter Duties In A Trial
In a trial, an Arbiter has three duties.
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You MUST vote on the pre-trial verdict. Voting is always a requirement as an Arbiter, and this is no exception. You are also encouraged to debate in the formation of the pre-trial verdict.
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If you are somehow involved in the case on trial to an extent that it may affect your decision in pre-trial voting (and as a Presiding Arbiter if you’re chosen), you are required and expected to recuse. During recuse, you will not have any effect on the trial and will not debate the case you recused from.
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Serve as the Presiding Arbiter, if you are chosen.
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If it is an appeals trial, you are REQUIRED to vote for the final verdict as well, following current SOC procedures.
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And that’s the gist of the job, Arbiter! Thank you again for choosing this job and all its duties, if I may say it again.
Good luck in all you do, and don’t be afraid to ask the Viceroy and/or former Arbiters if you need help with the job!
So this is part of the Conclave’s reforms, though no guide hasn’t really existed on this.
I just thought this would be a nifty thing to write, because I’ve been a Presiding Arbiter before and it is a bit of a confusing job. So if I can help in any way, I hope it’s through this.
Just like my Arbiter tutorial, please keep in mind this is from me (and checked over by my fellow Arbiters of the time, Pakitsk, Wallenburg, and Asendavia, if they actually see anything wrong with it). But it’s an informal guide and NOT meant to represent a formal set of procedures. As such, it will fall outdated eventually, BUT I thus ask the Viceroy to update this guide to help future Arbiters with their tasks.
Onwards!
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What Is a Presiding Arbiter
A Presiding Arbiter is the judge of a trial. They’re the sole person who decides what the verdict of each trial will be. Because of that, it’s an important job, and if you wish to be the Presiding Arbiter, you need to consider a few things first.
How a Presiding Arbiter Is Chosen
A Presiding Arbiter is chosen during the drafting of a pre-trial verdict.
It’s generally left up to the Viceroy on how they wish to appoint the Presiding Arbiter, whether it is through a vote, or someone is just appointed as Presiding Arbiter at the Viceroy’s discretion. However, from my experience the best Presiding Arbiters are those who wish to do the job, and the Viceroy should take that into account.
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What To Consider When Deciding If You Want to Be the Presiding Arbiter
As I mentioned previously, being the Presiding Arbiter is an important job. Thus, you should consider the following factors before raising your hand for the task.
- Do I have the time? Being the Presiding Arbiter is not exactly a time consuming task, but it does require some dedication for the duration of a trial. If you haven’t been able to participate in Conclave debates in the past month, then you may not make a good fit.
All citizens deserve a fair trial, and having a Presiding Arbiter who is rushed for time and makes hasty decisions does not make a fair trial.
NOTE: Don’t be afraid to take the role if you fear having an emergency. No one knows when we’ll face an emergency in real life, but PLEASE make sure to notify the Viceroy if you can no longer handle being the Presiding Arbiter. The Viceroy will deal with the rest.
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Am I willing to learn the law? Each trial will have relevant legislation or precedent. It’s your job to read up on the law and precedent relevant to the trial. Keep in mind that law is not always clear, and the confusion from law can be intensified when you’re the one deciding another’s fate. If you aren’t willing to look and mull over the relevant materials for a trial, reconsider being the Presiding Arbiter.
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Can I take this seriously? Given that you’re an Arbiter, it’s most likely that you already have a sense of maturity. However, ask yourself again if you can take the task seriously. You’re potentially punishing someone within the community, someone you know. This is one of the most serious matters of the Conclave.
If the answer to these questions is yes, then continue and nominate yourself if you are ready!
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Scheduling The Trial
Should the pre-trial be elevated into the verdict, and should you become the Presiding Arbiter, it is now up to you to continue trial procedures.
First thing you should do is read over whatever was posted in the pre-trial thread, including the schedule made by the Viceroy.
If the Viceroy has not set a trial starting date, make sure to consider your time and work with the Viceroy. Ensure to notify both the Viceroy and all parties involved in the trial of the trial’s starting date, so that they are aware. Work with the parties to make sure the date works for all of them.
If the Viceroy has set a trial date, look at it and make sure it works for both you and the parties. Should the trial date be impossible for you or the parties to make it, simply work with the Viceroy and the trial parties in order to find a date that works for all.
After you fix the schedule, be sure to read relevant legislation and evidence during your free time. This will help you to understand the arguments made during a trial, as well as help you in forming the verdict.
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Starting The Trial
Starting a trial may seem difficult, but really you can simply use a template in order to get it started. You will have to make a new thread in the public Conclave subforum for the trial.
Below, I’ve posted a template for a criminal trial and a civil trial. PLEASE MAKE SURE TO ASK THE VICEROY before using these templates, as they may be outdated.
Brackets indicate what information needs to be inserted by you before you post the trial thread.
[spoiler]
https://i.imgur.com/JW56YSb.png
I hereby proclaim the opening of the trial:
**TEP v. [PERSON BEING CHARGED]**
On the charges of **[NAME THE CHARGES]**.
[hr]
[hr]
I open this trial with a reminder to all- this is a serious trial and the offences we are speaking of are serious. That said, the Presiding Arbiter (myself) will not tolerate any unsolicited comments from the public, or frivolous behavior of the parties involved. I encourage all to read over the Trial Process as in the Standing Orders of Conclave, as this help you to understand the procedures being followed here.
[hr]
Date for Trial: **[Month Day, Year to Month Day, Year].** (The end date may change.)
[hr]
The Standing Orders of the Conclave on Trial Procedures
[spoiler]
******(c) Trial**
**2.3.4**- To begin the trial, the Presiding Arbiter shall state their name and the names of the parties involved in the suit. Only the parties listed to be involved in the suit may post in the trial.
**2.3.5**- The parties named in the opening statement (and those accepted by the Presiding Arbiter) shall declare their presence in a reasonable time frame set by the Presiding Arbiter.
a. If a party fails to declare presence in that time frame, the Arbiter shall rule in favour of the present party. If this is the case, the verdict shall not be considered as precedence forming.
**2.3.6**- Plaintiff or Prosecution provides the reason for their claim, and brings forth evidence. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
**2.3.7**- The defense provides the counterargument, introducing evidence for their argument. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
**2.3.8**- Evidence and arguments are made and presented to the Presiding Arbiter until that Arbiter feels the issues have been properly addressed. Motions regarding addition of witnesses or amendments to the trial schedule shall be heard and ruled upon at this time.
**2.3.9**- The Presiding Arbiter shall close the debate, and no further evidence may be presented at this time. The Presiding Arbiter shall review pertinent laws and precedence to render a decision.
**2.3.10**- The decision reached shall be presented at the end of the trial, and shall remain locked from that point. The verdict at this point shall form precedent and constitute a legally binding order.[/spoiler]
[hr]
[hr]
**The Parties**
**PRESIDING ARBITER**
[NAME OF PRESIDING ARBITER]
**PROSECUTION**
[NAME OF PARTY MEMBERS PLUS THEIR POSITION FOR TRIAL]
**DEFENSE**
[NAME OF PARTY MEMBERS PLUS THEIR POSITION FOR TRIAL]
[hr]
[hr]
The listed parties shall have **[TIME IN HOURS]** from the opening of this trial to declare their presence in accordance with **SOC 2.3.5.**
In the care of clarity, **only one** listed member from either party need declare their presence.
Parties will refrain from posting any evidence, argument, or testimony until allowed by procedure or solicited by the Presiding Arbiter.
[/spoiler]
[spoiler]
https://i.imgur.com/JW56YSb.png
I hereby proclaim the opening of the trial:
**[PERSON FILING SUIT] v. [PERSON BEING CHARGED]**
With the reason for trial being [STATE REASON(S)].
[hr]
[hr]
I open this trial with a reminder to all- this is a serious trial. That said, the Presiding Arbiter (myself) will not tolerate any unsolicited comments from the public, or frivolous behavior of the parties involved. I encourage all to read over the Trial Process as in the Standing Orders of Conclave, as this help you to understand the procedures being followed here.
[hr]
Date for Trial: **[Month Day, Year to Month Day, Year].** (The end date may change.)
[hr]
The Standing Orders of the Conclave on Trial Procedures
[spoiler]
**(c) Trial**
**2.3.4**- To begin the trial, the Presiding Arbiter shall state their name and the names of the parties involved in the suit. Only the parties listed to be involved in the suit may post in the trial.
**2.3.5**- The parties named in the opening statement (and those accepted by the Presiding Arbiter) shall declare their presence in a reasonable time frame set by the Presiding Arbiter.
a. If a party fails to declare presence in that time frame, the Arbiter shall rule in favour of the present party. If this is the case, the verdict shall not be considered as precedence forming.
**2.3.6**- Plaintiff or Prosecution provides the reason for their claim, and brings forth evidence. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
**2.3.7**- The defense provides the counterargument, introducing evidence for their argument. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
**2.3.8**- Evidence and arguments are made and presented to the Presiding Arbiter until that Arbiter feels the issues have been properly addressed. Motions regarding addition of witnesses or amendments to the trial schedule shall be heard and ruled upon at this time.
**2.3.9**- The Presiding Arbiter shall close the debate, and no further evidence may be presented at this time. The Presiding Arbiter shall review pertinent laws and precedence to render a decision.
**2.3.10**- The decision reached shall be presented at the end of the trial, and shall remain locked from that point. The verdict at this point shall form precedent and constitute a legally binding order.[/spoiler]
[hr]
[hr]
**The Parties**
**PRESIDING ARBITER**
[NAME OF PRESIDING ARBITER]
**PLAINTIFF**
[NAME OF PARTY MEMBERS PLUS THEIR POSITION FOR TRIAL]
**DEFENSE**
[NAME OF PARTY MEMBERS PLUS THEIR POSITION FOR TRIAL]
[hr]
[hr]
The listed parties shall have **[TIME IN HOURS]** from the opening of this trial to declare their presence in accordance with **SOC 2.3.5.**
In the care of clarity, **only one** listed member from either party need declare their presence.
Parties will refrain from posting any evidence, argument, or testimony until allowed by procedure or solicited by the Presiding Arbiter.
[/spoiler]
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Starting the Trial (Cont.) + Turns In a Trial
Make sure to give a reasonable amount of time (three days is usually enough) for each party to post in the thread. Make sure to notify each party of the time limit via whatever communications you’re using.
After both parties have appeared, make sure to give the prosecuting/plaintiff a specific amount of time to post their statement and introduce their evidence. (1-3 days.) After them, let the accused/defense post their statement for the same amount of time you gave the prosecution. Then let the prosecution post for the same amount of time, then the defense, and so on.
You do not need to post within the thread at all, you just need to notify each party when their turn starts. You can also extend a turn, but you should also give an extension to the other party to make sure both parties have the same amount of time.
After you feel that you’ve heard enough, you can lock the trial. NOTE: After you have felt that you’d heard enough. What that means is, do you feel that you have enough information to form your verdict? The parties may be willing to continue the trial, but it ultimately rests upon you to decide when the close the trial.
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Handling Evidence
Evidence is an important part of any trial, and it will be for yours as well. Both parties will already hold evidence the other party will introduce, but a party may introduce new evidence during trial. Please, please, please read the The East Pacific - Tapatalk - Login as they are extremely important.
There are two types of motions for evidence. Now, keep in mind that most people will not formally mention these motions, even if they read the Rules. This is fine, but make sure that the other party knows if new evidence is being shown by one party, to make the trial fairer.
Types of Motions:
- “Motion to Introduce”: A party is bringing up evidence that was shared with the other party before the pre-trial verdict was posted.
- “Motion to Consider New Evidence”: A party is bringing up evidence not yet shared with the other party. This may or may not be evidence also shared with you and the Viceroy.
If you notice that a party is bringing in new evidence without saying a formal motion, it is recommended to alert the other party to the new evidence and remind the other party that they can object to the new evidence, in order for the trial to remain fair.
When a party objects to evidence, it will be up to you to determine if the reason for objection is valid. If the objection is valid, the evidence should be deleted from the trial thread (you can request the party to edit the evidence out, or ask forum admins to delete/edit the thread).
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Forming A Trial Verdict
So now it has come to the hardest part of any trial. The verdict.
When you’re looking at how to decide what you need to do, you should look at:
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Evidence and arguments made during trial.
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Statutory/legislative law.
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Precedent
Read The East Pacific - Tapatalk - Login to understand precedent. For trial purposes, search for past trials in the Law Index. If there is a trial with same legislation, facts, and situation as your current trial, and it is a precedent-forming trial, then you need to follow its sentence if statutory law hasn’t changed maximum sentencing for the charges. Otherwise, you can see how the trial verdict was formed and use some of its aspects in your current verdict.
Your trial verdict can be as simple or as complex as you want. In general, however, you do want to provide a reason for how you decided to form the verdict the way you did. Each verdict for each trial will be different, so I cannot provide a template easily. However, look to past trials to see how their verdicts were styled, and choose which style matches your verdict best. Or format your verdict the way you want.
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And that’s that!
If you need help with how to do something as a Presiding Arbiter, ask the Viceroy for help.
I hope this guide helps you out!
So yay! A tutorial to being a Viceroy.
As with my other two guides, please keep in mind that this doesn’t constitute formal procedure, but rather to help give you an idea on how to do things.
And as always, future Viceroys, please update this. Thanks!
Onwards!
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Representing the Conclave
As a Viceroy, representing the Conclave is not much of a difficult task, but it is a pretty important one.
Your conduct must always be calm and fair in the public sphere, both inside and outside TEP. Don’t be judgmental in any matters, and make sure you know your law so that you can answer most questions that may come your way.
For verdicts, you’ll have to sign the verdict. Just make up a name to put at the bottom of the verdict. (For example, my NS name is “Zukchiva Yura”.) It just makes things more official, really.
The Magisterium may sometimes notify the Conclave when a Concordat amendment has been passed. Make sure to reply in a prompt manner, or they’ll think you’re inactive. If you can’t reply, ask your Designee to do so. If they can’t, ask one of the two Arbiters. It’s important to be reactive to these kinds of things.
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Managing SOC Procedures
There’s various procedures set out in the Standing Orders of the Conclave. As a Viceroy, you’ll be the one tasked to make sure they occur, and in that stance, make sure the Conclave functions. Here’s my opinion/guide to some of the larger things you’ll have to do.
Advisory Questions
When an advisory question is posted, you’ll be expected to post an opinion. Mayhaps not the first, but as the Viceroy you should try and post whenever a question is asked.
In addition, you should be the one to consider drafting an informal verdict for the question. If other Arbiters take the initiative, that’s awesome! But if not, you should at least consider if it should be done. There’s no real set guides nor methods to decide when an informal verdict is warranted, that will be left up to you, Viceroy.
The verdict needs to pass a vote in Closed Chambers before being posted, and it will not constitute precedent.
Judicial Review
When an authorized person requests a Review (or the Conclave votes to elevate an Advisory Question to a Review), you need to open up a private thread in Closed Chambers for the Review, as well as create a new public thread for the Review (ONLY IF no thread was created for the question). You’ll have to draft a verdict in Closed Chambers, but you can ask the public for help in finding relevant legislation and precedent. Arbiters may assist in drafting, put you must post the initial debate thread as per the SOC.
The verdict must pass a vote. If it fails, the Conclave needs to keep voting and drafting until the verdict passes.
You must schedule an end-date for the Review in both the public and private threads. If the Conclave cannot come to a consensus, an extension may be required.
It’s also important to note that a Judicial Review is to review the constitutionality of law. So any question that does not deal with such a matter shouldn’t be in a Judicial Review.
Two tips for verdict drafting for an Advisory Question and Judicial Review:
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Avoid legalese. Law in real life has distinct meanings for each term because words are subject to interpretation. But the law system of TEP is not used to nearly the same strain nor impact as in real life law systems, so we can afford interpretations. This doesn’t mean to not be clear in what you say, but rather to say what you say in layman terms or close as possible.
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Seek the legal questions. At the heart of every legal matter, there are questions that need to be answered. If you think of what legal implications arise from a topic, you can usually find the questions that stick along with it. Answering questions may make drafting a verdict more difficult, but they make it much easier to deal with things like precedent in the future.
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Instating Administrative Rules
Administrative Rules are basically rules instated by the Conclave to refine its procedures. They’re drafted and voted on in Closed Chambers, similar to a verdict in that regard.
Once a new Rule is instated, make sure to:
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Put it in a spoiler in the Current SOC for ease of reference.
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Create a new thread in the Law Library containing the new Rule. This thread will also contain future amendments.
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Post the new rule to the administrative rules thread, so a seperate collection of the rules are here. Make sure to link to the thread created in step 2.
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Finally, put the new Administrative rule in the Law Index, with its fellow rules in the same format.
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If the rule institutes a new Conclave organization/group or somehow deals with the office of the Viceroy, post it in the Viceroy Memoranda.
This is a bit convoluted, but it’s purpose is to make the Rules accessible to everyone and everywhere.
For amendments, make sure to update everywhere where an Administrative Rule was created. However, in the thread made for the Rule in Step 2, make sure to include the Rule’s previous version for research purposes! Everywhere else, replace the old form of the rules with the current form.
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What’s the Memoranda and Dealing With It
The Memoranda is basically the Viceroy’s collection of orders. Think of it as sort of your go to place for stating what procedures you’ve set yourself to follow.
Note that the Memorandum on Elections is limited by law. All regulations dealing with elections needs to go through the Magisterium, so DO NOT change the Memorandum of Elections without Magisterium approval. The only exception for this is how the East Pacific Electoral Commission functions (that can be changed without Magisterium approval).
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Trial Procedures
Trial procedures are fun! As the Viceroy, luckily your work load is potentially lessened (if you do not become the Presiding Arbiter of a trial).
First, once charges have been filed, be sure to establish communication with both parties (defense and plaintiff/prosecution). Then, create a public pre-trial thread (in the Conclave forum) where people can ask questions about the trial. Make sure to set a date for when the pre-trial verdict must be posted and a start and end date for trial. (Known as trial scheduling, make sure times are reasonable for both parties as well as the Presiding Arbiter; work with the PA for trial scheduling.)
Open a pre-trial thread in Closed Chambers, where you can review evidence with your fellow Arbiters and come up with a verdict. Remember, a pre-trial is on the merit of trial, or in other words whether the evidence being given actually shows instances of breaking regional law. Not necessarily that someone is guilty of a charge or not, but whether a charge or charges actually merit a trial.
Also make sure to appoint a Presiding Arbiter. There’s no set way to do this, but in my opinion I think it would be best and quicker to simply appoint any willing Arbiter, and initiate a vote if an objection is raised. While you may be a good Presiding Arbiter, given the duties of your job, it will be best to ensure that other Arbiters gain experience as well. After all, you may be leaving the Conclave in two months, and the newer Arbiters may leave in two years.
Afterwards, everything is left up to the Presiding Arbiter’s hands. If the PA asks for a schedule change, make sure to work with them to set it straight. A trial should be fair for everyone, and a party shouldn’t be excluded simply because they have an emergency or real-life event and can’t make it.
After a trial’s conclusion with a verdict and being locked, move the trial thread into the Law Library, and input its information into the proper spoiler in the Law Index. Request forum administration to enact banishment, if the trial sentence used that as a punishment. Remember, a trial where the defendant does not declare their prescence DOES NOT form precedent.
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Appeals Trail (make sure to check SOC to see if guide is up to date)
An Appeal Trial is a special trial, which aims to allow anyone who took part in a previous trial to change the original verdict. One thing special about it is that you, the Viceroy, will serve as Presiding Arbiter. However, if you were the PA of the original trial, then it will be left up to the Viceroy-Designee to be the PA for this trial.
Request for Appeal
A request for appeal may be submitted by any Arbiter, the Delegate, or any parties who were part of the trial. The request must give the following information: a) the name of the Presiding Arbiter during the trial, b) the name of the Parties who were in the trial, c) the verdict (have them quote it), and d) the reason(s) for appeal.
The Hearing
The hearing is the equivalent of the pre-trial for a normal trial. However, a trial schedule will not be developed yet, nor will a public thread be created.
During this hearing in which the Conclave decides if it wants to approve the appeal, the Presiding Arbiter of the original trial shall be unable to vote.
As mentioned earlier, for the hearing, the Viceroy will serve as Presiding Arbiter. Should the appeal be approved, the Viceroy shall schedule the start of a full trial. This trial shall be a re-trial, with both parties being mandated to attend in order to resettle the matter.
A list of accepted reasons for appeal:
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New substantively compelling evidence
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Breach of protocol
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Mistrial (including bias, prejudice, etc.)
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Delegate request for appeal
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Arbiter endorsement of appeal application
The Trial
Trial procedures will generally follow procedures for criminal and civil trials. However, there are a few differences:
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If the applying party (the people who submitted the request) fail to appear, the trial will end. However, if the non-applying party fails to appear, their arguments during the first trial will be used in their stead.
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The trial may be locked by Conclave vote or Viceroy discretion, at which point debate on the verdict will begin in Closed Chambers. Verdict drafting processes will follow that of a Judicial Review: Arbiters will repeatedly vote on a draft until a majority is achieved.
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The Viceroy will present the verdict, and the case will close.
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[PUBLISHER’S NOTE: THE INFORMATION OF THIS SECTION IS OUTDATED SINCE EAST MALAYSIA’S CONCORDAT AMENDMENT AND ZUKCHIVA’S OWN SUBSEQUENT VOTER REGISTRATION ACT]
Delegate Elections
So now we get to one of the most important parts of the Viceroy’s job: running Delegate elections.
Make sure that you are following ALL election law as passed by the Magisterium. If you want to change something in election procedure or regulation (minus Commission functioning), present the change to the Magisterium for a vote. Otherwise, the change is illegal (there are some exceptions to this rule, like changes to the EPEC. Read the law to know more.) Currently, the only election legislation law the East Pacific has is the Delegate Elections Act, so make sure to read it.
So we will go through this piece by piece, so that you understand election procedure.
What is the East Pacific Election Commission?
The EPEC is the body responsible for hosting Delegate Elections and Citizen Referendums. The Memorandum for it can be found here. If you want to change its functions, make sure to amend this Memoranda. If the EPEC has no one but you on it, then you are, essentially, the EPEC.
The EPEC will be the one who deals with election and referendum complaints, validate votes, gather results, and etc. In otherwords, they assist the Viceroy in his/her job.
Preparing: Citizenship audit
It may be necessary for a citizenship audit to occur. If you need an audit, talk with the Grand Vizier.
Make sure the Vizier’s roll of citizens is updated, and then go through the roll. If any citizen’s nation has left TEP or has CTE’d, mark them for masking removal. Eventually, you should have a comprehensive list of invalid citizens! ^-^
When you’re done, go to forum administration and ask them to demask those citizens. Try to get this done BEFORE nominations start, otherwise invalid citizens may revive their nations and argue that they are still citizens.
Nominations
Delegate Nominations shall be held exactly two weeks before the ending of the current Delegate’s term (to find the end of the current term, look at when the results were posted for the last election). You need to create a thread in the Delegate Election subforum for the nominations. Use this code below (make sure to fill in all the brackets):
[spoiler]
**Welcome to Delegate Election season!**
*Please familiarize yourself with The East Pacific, and the candidates in this race.*
As Viceroy of the East Pacific, it is my duty to open this election. Thereby, as of right now, nominations are now OPEN. Any citizen may nominate any citizen. Nominations must be made in this thread only! Please be advised of the following circumstances:
(1) Self-nominations ARE allowed, but they must be seconded by another citizen. Once that happens, the nominee may open up their campaign thread.
(2) If someone is nominated by another citizen, they may accept, decline, or ignore their nomination. If they accept, the nominee may open up their campaign thread.
*--- Begin quote from ____*
**NOTICE TO NOMINEES**
Be advised, only nominees that fit in one of the above two categories will be included on the ballot. Campaign threads must be posted in this sub-forum. Campaign threads should include the nominee's platform; that is, their plan to guide The East Pacific as its next delegate. Citizens may ask campaigners questions, comment, etc. Campaigners are allotted only one thread. Non-running citizens should not start threads here - they'll be moved to the archives section. Flaming will not be tolerated here. In addition, electioneering (campaigning for votes in private chats, campaigning on the RMB, sending out telegrams, etc) is not permitted. Keep campaigning limited to this sub-forum only.
Also, do not attempt to subvert the system here. One citizen, one vote. Administrators and the Conclave will be monitoring the votes and making sure we adhere to that rule. Anyone caught attempting to unlawfully gain votes will face serious legal and forum-based repercussions pending trial. The tradition of proper election behavior is strong enough to be considered as an effective binding norm and can possibly be used against you. You do not want the landmark TEP election case disqualifying a candidate or voter being called "TEP v. Your Name".
*--- End quote*
*--- Begin quote from ____*
**THE OFFICIAL ELECTION SCHEDULE**
The nomination period runs from now until [DAY (M/T/W/R/F/S/S), MONTH NTH, YEAR] at [TIME (INCLUDE TIME ZONE)]. Campaigning BEGINS during this period, any applicable nominee who has accepted and is listed here may campaign.
Beginning [DAY (M/T/W/R/F/S/S), MONTH NTH, YEAR] to [DAY (M/T/W/R/F/S/S), MONTH NTH, YEAR] at [TIME (INCLUDE TIME ZONE)] - voting! Voting will be public - you must vote in the appropriate thread in order for your vote to count. Voters will vote for a listed candidate or abstain.
More info on the voting thread will be posted when the thread is posted. Any questions may be asked in this thread, but please refrain from turning this thread into a discussion. Remember, it should be for nominations.
*--- End quote*
*--- Begin quote from ____*
**OF NOTE**
- Those who have applied for citizenship AFTER the Election closure: your applications will be suspended until the outcome of the election and you will be unable to vote if you have not yet been confirmed. No new citizenship apps will be accepted at this time. Citizenship apps will be re-opened after elections are over.
- This election cycle, eligibility to run or
vote will be determined by the Grand Vizier's Roll of Citizens, as authorized by Article E, Section 3 of the Concordat, and updated by audit. Challenges will be heard by the Electoral Commission.
- These elections will be overseen to check on any multi-votes and/or various other tamperings during the election. Other members of the Conclave may be brought in to assist in administering these elections if necessary.
- At the end of the nomination period, all accepted candidates
will be subject to strong citizenship checks.
*--- End quote*
Best of luck to all candidates!
*--- Begin quote from ____*
**NOMINATION INFORMATION**
**Format**:
-Candidate: **ACCEPTED, UNDISCLOSED, or DECLINED**
**ACCEPTED** means the nominee has accepted their nomination and can run in the current Delegate election.
**UNDISCLOSED** means that the nominee has not yet accepted nor declined their nomination for this election.
**DECLINED** means that the nominee has refused their nomination and cannot run in the current Delegate election.
*--- End quote*
*--- Begin quote from ____*
[CANDIDATE]: [ACCEPTED/UNDISCLOSED/DECLINE
[/quote]
Candidates MUST either be a) nominated by someone else, or b) self-nominated (self-nominations must be seconded by someone else). Nominations will last for a period of one week. Upon the closing of nominations, voting begins!
Another note: make sure citizenship applications are CLOSED before nominations start. Again, make sure to communicate with the Grand Vizier!
Voting
Create the voting thread and post it as soon as possible after you close nominations! Voting shall last for one week.
You need to make a separate thread for voting, though in the same forum as nominations! Use the code here:
Code
[spoiler]
https://i.imgur.com/4mlnf6L.png
From now until [DAY (M/T/W/R/F/S/S), MONTH NTH, YEAR] (1 week from now), voting is OPEN IN THIS THREAD. Any votes made after that time WILL NOT be counted.
Only citizens of The East Pacific may vote. You may only vote once.
*--- Begin quote from ____*
Be advised, only nominees that have been accepted will be included on the ballot. Campaign threads must be posted in this sub-forum. Campaign threads should include the nominee's platform; that is, their plan to guide TEP as its next delegate. In addition, electioneering (campaigning for votes in private chats, campaigning on the RMB, sending out telegrams, etc) is not permitted. Keep campaigning limited to this sub-forum only.
Also, do not attempt to subvert the system here. One citizen, one vote. Administrators and the Conclave will be monitoring the votes and making sure we adhere to that rule. Anyone caught attempting to unlawfully gain votes will face serious legal and forum-based repercussions pending trial. Make sure to read the Delegate Elections Act to fully understand election procedure. You do not want the landmark TEP election case disqualifying a candidate or voter being called "TEP v. Your Name".
*--- End quote*
This election season requires Instant-Runoff Voting, as there are more than two candidates.
To vote, simply post the name of the candidate(s) you wish to become Delegate in numerical order. The votes shall be counted in rounds, following traditional Instant Runoff procedure. If the candidate attains a majority at any time during a round, that candidate wins.
[hr]
**LIST OF CANDIDATES**
[Candidate]
[Candidate]
[Candidate]
Etc.
[hr]
*--- Begin quote from ____*
- Those who have applied for citizenship AFTER the Election closure: your applications will be suspended until the outcome of the election and you will be unable to vote if you have not yet been confirmed. No new citizenship apps will be accepted at this time. Citizenship apps will be re-opened after elections are over.
*--- End quote*
- This election cycle, eligibility to run or vote will be determined by the Grand Vizier's Roll of Citizens, as authorized by Article E, Section 3 of the Concordat, and updated by audit. Challenges will be heard by the Electoral Commission.
- These elections will be overseen to check on any multi-votes and/or various other tampering during the election. Other members of the Conclave may be brought in to assist in administering these elections if necessary.
- All accepted candidates are subject to strong citizenship checks.
- You may ABSTAIN from voting.-Note the Delegate Elections Act, Section 3.7.1 for the Invalidation of Write-in options.
- DO NOT POST ANYTHING OTHER THAN YOUR VOTE IN THIS THREAD-"LIKING" or "DISLIKING" posts in a voting thread is considered Election Impropriety. REFRAIN FROM DOING SO.
Not following the posted rules MAY result in your DISQUALIFICATION. Challenges will be heard by the Electoral Commission.
Make sure to cross-check each vote with the Vizier’s Roll of Citizens. Keep in mind that citizens who apply for citizenship during nominations and later cannot vote. Citizenship applications should be closed at this point, until vote results are announced.
You are required to post vote results within three days. Do not delay on the matter, post them as soon as possible, or you can get in trouble and be charged with “Failure to Conduct Procedure”.
Understanding Instant-Runoff Voting (IRV)
Instant-Runoff Voting is the voting procedure for elections with three or more candidates.
All voters will cast votes in preferential order. (1. MOST FAVORITE CANDIDATE, 2. SECOND FAVORITE, and so on.)
When you count the votes, make sure you ONLY look at people’s number one choice. This is considered the “First Round” of counting. Once you count every eligible voter’s first choice, calculate the percentages. If one candidate has greater than 50% of all votes, that candidate wins. If not, the second round!
In the second round of counting, you will void the votes cast for the candidate who received the least amount of votes. If you have two candidates with the exact same number of votes (yet have the least compared to everyone else), then strike both of their votes off in the same round. After you “void” any vote counting the voided candidates, you do a recount. For those people who’s first choice was the voided candidate, switch their vote to their second preferred candidate. For everyone else, keep their first vote.
This process will continue in rounds, until eventually a candidate reaches a majority or only two candidates remain. The candidate with >50% of votes wins!
Campaigning
Upon accepting their nominations, candidates may create ONE campaign thread in the Delegate Election subforum (where you make the nomination and voting threads). Candidates should post their platform here, and address all questions here. At current times, this is all the campaigning that is allowed, though this may change in the future.
Joke campaigns are allowed! However, limit these to 1 or 2 campaigns: Delegate Elections are serious matters and should not consist mostly of joke candidates.
Infractions
Note that election procedure is important, and charges exist for electioneering, vote stacking, and voter fraud. Keep an eye out and make sure no one is breaking the rules. As the East Pacific Electoral Commission, your duty is that you need to decide if complaints warrant the charges stated in law, and to follow the procedure laid in law. If the charge requires a trial, simply invalidate the person under question’s ability to vote/run as a candidate, and submit the evidence to the Delegate, EPPS, or Viziers so that they may prosecute a criminal trial.
Read the Delegate Elections Act for more detail on everything (besides IRV) mentioned above.
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Citizen Referendums
Citizen referendums currently have one sole purpose: to approve Concordat amendments passed by the Magisterium.
When you are presented with the notification of the passage of a Concordat amendment by the Magisterium, you will have to make a voting thread on the amendment. The thread should be placed in the Plaza. Use the following code template for Concordat referendums.
[spoiler=Spoiler]
https://i.imgur.com/5j1a8tA.png
**OFFICE OF THE VICEROY**
Please be advised only current citizens as recognized at the announcement of this vote may vote for the proposed amendment. For reference, please view the Concordat of The East Pacific. The matter at hand is a large amendment encompassing the entirety of the Concordat
The amendment was [LINK TO DEBATE] and [LINK TO MAGISTERIUM VOTE] It was [LINK TO DELEGATE SIGNING AMENDMENT (IF APPLICABLE)].https://www.tapatalk.com/groups/the_east_pacific/notice-from-the-magisterium-t7287-s150.html#p222561
[spoiler=[AMENDMENT ARTICLE AND SECTION]][AMENDMENT MARKUP] (put spoiler BBCcode here, at end of amendment)
*--- Begin quote from ____*
**Voting Procedure**
*--- End quote*
The voting period will exist for a period of approximately one week from time of posting and expire on [DAY, MONTH NTH, YEAR]
This vote will close on **[DAY, MONTH NTH, YEAR] at [TIME + TIMEZONE]**.
Votes made or edited after this time shall be discounted.
[1] Vote **AYE** or **FOR** if you are in favor of the proposal;
[2] Vote **NAY** or **AGAINST **if you are against the proposal;
[3] Vote **ABSTAIN** or **PRESENT** if you find yourself unable to reach a decision in good conscience.
It is required that you also supply your nation within The East Pacific, and your WA Nation if applicable.
Votes which do not supply accurate information MAY be discounted.
[/spoiler]
You can also do a citizenship audit before a Concordat amendment, if you want. Make sure to talk to the Grand Vizier. Obtain the Roll of Citizens and verify all the voters though, then count! If the citizens pass the referendum (2/3 or 66.6% of citizens must vote in favor), then bring it to the Magisterium! Abstentions do not count as votes and are not counted in the voting majority.
Make sure to let the voting period last for one week.
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Finding the Viceroy Designee
So you know all the procedures you need to do, among other duties. Now… who is your Viceroy Designee?
Your designee is someone you can reliably count on to conduct your job, should you not appear.
It should be noted that, per the SOC, after 48 hours, the Viceroy-Designee literally gains the power to do everything you do (besides instating their own Designee). So make sure it is someone who is responsible, active, and either knows or is willing to learn about the job. The VD will also be the person you will usually delegate tasks to, when you cannot do them yourself.
If you cannot find an Arbiter you think would make a good VD, then just choose an Arbiter and hope it goes for the best.
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Ensure Arbiters are Active
If you’ve read my Guide to Being an Arbiter, you’ll know that an Arbiter’s most baseline job is to simply vote. That’s pretty much it. Long as they are voting in matters that need voting, they’re giving an opinion, which is all that is required.
Now, don’t take this as a standard. If an Arbiter is posting in advisory questions, participating in drafting of verdicts and such, but doesn’t vote, they should be good activity wise.
However, if the Arbiter doesn’t do anything: no posting, no vote, nothing… they’re inactive. In that case, make sure to take note of their inactivity, and bring it up to the Delegate when that Arbiter’s term expires. Or ask the Arbiter to resign… but take steps to ensure the spot will be eventually filled by someone who is active in at least voting. The Conclave needs activity, not stagnation.
— End quote
Thank you all for reading, and deepest apologies for the month and a half delay between the Presiding Arbiter and Viceroy guide, it is my own fault really. I hope this educational resource has proven helpful. Ex Oriente Lux.
In solidarity,
Aivintis, Chancellor of the University of The East Pacific and Minister of Education, The East Pacific