Lawsuit: Dismissed AlexanderLove v. The Commonwealth of Redmont [2023] SCR 18

[Alexander P. Love]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


AlexanderLove (Represented by The Lovely Law Firm)
Plaintiff

v.

The Commonwealth of Redmont
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

On August 2nd, President LilDigiVert appointed Representative GoldBlooded to become the Acting Secretary of Construction and Transportation. This presents a situation where an incumbent Congressman has joined the President's cabinet as a senior executive officer. In accordance with the principles of separation of powers, the Constitution explicitly prohibits Congressmen from being members of the President's cabinet, regardless of the duration of appointment.


I. PARTIES
1. AlexanderLove (Plaintiff)
2. Department of Legal Affairs (Defense Counsel)
3. LilDigiVert (Witness)
4. GoldBlooded (Witness)

II. FACTS
1. The President appointed incumbent Representative, GoldBlooded, to acting DCT Secretary (link).
2. The Representative did not resign from his position as Representative nor cabinet secretary.

III. CLAIMS FOR RELIEF
1. The Constitution provides, in the preamble, "to ensure the independence of the three arms, no one can be part of more than one arm (meaning this the Cabinet, the chambers of the Congress and the Court)". This is incredibly explicit in the fact that a member of the cabinet also cannot be a Representative. An Acting Secretary still assumes the functions and duties of the Secretary, and is a member of the President's cabinet for a significant duration of time. Even though Acting is fleeting, GoldBlooded is still a cabinet secretary in form and function, and therefore a member of the cabinet as he is delegated the duty of administering the DCT and advising the President on all matters construction and transportation. Therefore, as a member of the cabinet in any capacity, according to the Constitution, GoldBlooded must not also be a Representative.
2. The Constitution provides that "The Cabinet is a group of advisers to the President known as secretaries & Executive Officers." Therefore, all Secretaries are a member of the Cabinet.
3. The Constitution provides that "Secretaries & Executive Officers are members of the cabinet who each lead a government department or portfolio." This further affirms claim two, and also proves that GoldBlooded indeed falls under this definition as he is currently leading a government department. The Constitution further provides that "It is the Secretary's job to oversee the efficient operations of their department and to create and amend department policy in conjunction with the Government's direction. They appoint and dismiss employees of their respective departments. They can rename employee roles and positions at will." These duties are assumed by all Secretaries, including Acting ones, therefore all Acting Secretaries still fall under the typical regulations of a normal Secretary barring the confirmation obligation (derived from Congressional discretion to regulate the confirmations of executive officials).
4. GoldBlooded holds the "Secretary" tag in-game and on Discord, bolstering the fact he is officially a Secretary.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. The Defendant to be removed from one of the offices: Representative or Acting Secretary of Construction and Transportation.
2. I, as well as many other citizens, have incalculably lost the ability to vote in a replacement Representative as a result of this double-dipping. Therefore, many rights and freedoms were violated as well as a blow to the face of democracy. This is an incalculable damage, and therefore I am entitled to consequential remedies per the Legal Damages Act (link). I am requesting $50,000 in consequential damages. While consequential damages is non-exhaustively enumerated in the Act and part of this prayer relies on an unenumerated claim for damages, I am also claiming loss of enjoyment in Redmont as I am unable to see and vote in a special election that would otherwise be triggered if GoldBlooded resigned from Representative to assume his job as Acting DCT Secretary.
3. $10,000 in legal fees, the typical rate The Lovely Law Firm would charge for a case like this. Lovely staff are aiding in this case and therefore compensation is needed to cover their time.
4. For the Department of Legal Affairs to be compelled to investigate this matter for corruption and violation of constitutional oaths on the part of the President and GoldBlooded.


By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 8th day of August, 2023

 

[Milkcrack]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The Attorney General is required to appear before the Supreme Court in the case of AlexanderLove v. The Commonwealth of Redmont.

Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Dartanboy]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

AlexanderLove
Plaintiff

v.

Commonwealth of Redmont
Defendant

I. ANSWER TO COMPLAINT
1. AFFIRM the President appointed incumbent Representative, GoldBlooded, to acting DCT Secretary (link).
2. AFFIRM the Representative did not resign from his position as Representative nor cabinet secretary.
3. NOTE that according to the Constitution Part III, Section 30, only the Chief of Staff, Special Advisors, and Press Advisor are Executive Officers.

II. DEFENSES
1. Although the Constitution provides, in the preamble, "to ensure the independence of the three arms, no one can be part of more than one arm (meaning this the Cabinet, the chambers of the Congress and the Court)". Additionally, it is true that a member of the cabinet also cannot be a Representative.

Although an Acting Secretary assumes many of the functions and duties of the Secretary, an Acting Secretary is not a member of the Cabinet. There are several notable defenses for this position:

• The Constitution states: "The Cabinet is a group of advisers to the President known as secretaries & Executive Officers"
  • An Acting Secretary is not a Secretary nor Executive Officer, and is thus not part of the Cabinet.
• The Constitution states: "Secretaries & Executive Officers are nominated by the President and approved by the Senate, continuing to serve at the pleasure of the President."
  • GoldBlooded was never approved by the Senate, and is thus not a Secretary nor an Executive Officer, and by extension, is not a member of the Cabinet.
• Although Acting Secretaries receive the role in-game and on Discord, this does not hold any legal value. These are roles which give server-side permissions.

2. "The Constitution provides that "The Cabinet is a group of advisers to the President known as secretaries & Executive Officers." Therefore, all Secretaries are a member of the Cabinet." is not a Claim for Relief. That is a Fact.

Although the Defense agrees that this fact is correct, we also hold that GoldBlooded - an Acting Secretary - is neither a Secretary nor Executive Officer.

3. The Plaintiff claims "The Constitution provides that "Secretaries & Executive Officers are members of the cabinet who each lead a government department or portfolio." This further affirms claim two, and also proves that GoldBlooded indeed falls under this definition as he is currently leading a government department. The Constitution further provides that "It is the Secretary's job to oversee the efficient operations of their department and to create and amend department policy in conjunction with the Government's direction. They appoint and dismiss employees of their respective departments. They can rename employee roles and positions at will." These duties are assumed by all Secretaries, including Acting ones, therefore all Acting Secretaries still fall under the typical regulations of a normal Secretary barring the confirmation obligation (derived from Congressional discretion to regulate the confirmations of executive officials)."

While it is true that the Constitution says that Secretaries are members of the cabinet who lead a government department, it does not say that only a Secretary/member of the cabinet can lead a department, leaving room for an Acting Secretary who is not a member of the cabinet to lead the department temporarily.

The responsibilities of the Acting Secretary are similar to that of a Secretary, but given the clear, Constitutional difference between them, the Commonwealth believes that the Constitution's separation of powers does not apply here.

4. The Plaintiff claims "GoldBlooded holds the "Secretary" tag in-game and on Discord, bolstering the fact he is officially a Secretary."

This was addressed in point 1.

5. GoldBlooded does not have the Secretary role in the Cabinet Discord. (See Exhibit A)

EVIDENCE

Spoiler: Exhibit A

III. MOTION TO DISMISS
We do not wish to dismiss the entire case, however wish to dismiss Prayer For Relief 2, as this case is AlexanderLove v. Commonwealth -- not a class action lawsuit -- and a prayer for relief claiming "many other citizens have incalculably lost the ability to vote in a replacement Representative" is not applicable.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 14th day of August, 2023

 

[Dartanboy]

Your honor, due to a family member passing away I will be taking a few days' leave. I ask that I be given until Monday to respond to anything if the need for my response arises.

 

[Milkcrack]

Given the circumstances, there will be no requirement for the defence to respond until Monday provided the plaintiff has no objections. If more time is required, please appoint a different prosecutor.

The plaintiff has 48 hours to respond to the motion to dismiss.

 

[Alexander P. Love]

Given the circumstances, there will be no requirement for the defence to respond until Monday provided the plaintiff has no objections. If more time is required, please appoint a different prosecutor.

The plaintiff has 48 hours to respond to the motion to dismiss.

Apologies, your honor. I reread this and I misunderstood this as a pause on the entire case. My response is simple:

The part adding “many others” is simply narrative in nature and not meant to be construed as a rhetorical element that substantiates the prayer for relief. My personal damages are still valid, even if I don’t represent all citizens harmed by this action.

 

[Dartanboy]

Your honors, I have returned (although it appears my response was not required).

 

[Dartanboy]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
(Another) MOTION TO DISMISS

GoldBlooded is no longer Acting Secretary and the Prayer for Relief is invalid. In light of this, we ask this case be dismissed.

Proof:

 

[Milkcrack]

The plaintiff has 48 hours to respond. After the plaintiff's response, the Supreme Court will consider this additional argument in the pending ruling on the Motion to Dismiss.

 

[Alexander P. Love]

The plaintiff has 48 hours to respond. After the plaintiff's response, the Supreme Court will consider this additional argument in the pending ruling on the Motion to Dismiss.

Your honor, I somehow didn't get a forum notification for this and I so do apologize. I am willing to drop prayer for relief 1, however I still wish to pursue all others. The others are still needed to remedy the damage already done. While one is effectively moot, the rest are not made moot by the replacement of GoldBlooded.

 

[Dartanboy]

Your honors,

Will this court resume?

 

[Milkcrack]

RULING ON THE MOTION TO DISMISS
The purpose of a remedy is to return the plaintiff to their original position before the alleged act occurred. There are legal remedies such as monetary damages and there are equitable remedies such as injunctions. To request for legal remedies there must be sufficient legal standing. This court is of the opinion that there is no such legal standing.
The plaintiff has failed to show that they are personally and directly affected by the actions described in the complaint.

Therefore this court will only consider this case on the matter of judicial review. Meaning that no legal remedies will be offered to the plaintiff. This court will only consider those remedies necessary to ensure the law is upheld. Therefore the prayers for reliefs 1,2 and 3 are officially dismissed. If the plaintiff wishes to proceed with this case on the prayer for relief 4 only. They must post their opening statement within the next 48 hours.

 

[Dartanboy]

 OBJECTION
BREACH OF PROCEDURE

According to the Judicial Fix Act and Constitution:

"A minimum of two (2) Justices in agreement must be met to deliver a verdict on a Supreme Court case"

A decision on a motion to dismiss is certainly "a verdict" and until a second Justice is appointed to the Supreme Court, this case cannot continue.

 

[Alexander P. Love]

 OBJECTION
BREACH OF PROCEDURE

According to the Judicial Fix Act and Constitution:

"A minimum of two (2) Justices in agreement must be met to deliver a verdict on a Supreme Court case"

A decision on a motion to dismiss is certainly "a verdict" and until a second Justice is appointed to the Supreme Court, this case cannot continue.

The Plaintiff agrees with the defense.

 

[Alexander P. Love]

Since the removal of an official is no longer a valid prayer for relief, I motion to move this case to the federal court.

 

[Milkcrack]

 OBJECTION
BREACH OF PROCEDURE

According to the Judicial Fix Act and Constitution:

"A minimum of two (2) Justices in agreement must be met to deliver a verdict on a Supreme Court case"

A decision on a motion to dismiss is certainly "a verdict" and until a second Justice is appointed to the Supreme Court, this case cannot continue.

A ruling on a motion to dismiss is indeed a verdict. As both parties agree This Case will be in recess until such a time arises when the Supreme Court is able to come to a judgment. Until then the ruling on the motion to dismiss is paused.

 

[Matthew100x]

Given the decision made here: Discord - A New Way to Chat with Friends & Communities, we shall begin adjucating the case again. I am requesting 24 hours to review the case before making any decisions. I reserve the right to post within 24 hours. All sides please prepare to begin litigation again.

 

[Dartanboy]

Given the decision made here: Discord - A New Way to Chat with Friends & Communities, we shall begin adjucating the case again. I am requesting 24 hours to review the case before making any decisions. I reserve the right to post within 24 hours. All sides please prepare to begin litigation again.

OBJECTION
BREACH OF PROCEDURE

I'm not aware of any law which permits, even the Supreme Court, to override a Supreme Court decision (without an appeal based on a point of law).

Can you please explain how you have claimed this authority? Or accept that you do not have that authority and keep the case paused for now.

 

[Alexander P. Love]

OBJECTION
BREACH OF PROCEDURE

I'm not aware of any law which permits, even the Supreme Court, to override a Supreme Court decision (without an appeal based on a point of law).

Can you please explain how you have claimed this authority? Or accept that you do not have that authority and keep the case paused for now.

Furthermore, according to the Judicial Fix Act, you require two justices to make that decision.

 

[Matthew100x]

OBJECTION
BREACH OF PROCEDURE

I'm not aware of any law which permits, even the Supreme Court, to override a Supreme Court decision (without an appeal based on a point of law).

Can you please explain how you have claimed this authority? Or accept that you do not have that authority and keep the case paused for now.

Counselor, please see Part II, Section 13. of the constitution. The case will continue.

Furthermore, according to the Judicial Fix Act, you require two justices to make that decision.

Counselor, I am not relying on an improperly passed bill that has no history of usage for a legal argument. It is not necessary for two justices to be needed to make this decision.

I agree with the original decision laid out in the decision for the motion to dismiss made by the Former Chief Justice Milkcrack. Therefore moving forward, only prayer for relief #4 will be considered. The plaintiff shall have 48 hours to make an opening statement.

 

[Dartanboy]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO RECONSIDER

Your honor, I've taken your advice and read Part 2, Section 13 of the Constitution, which clearly states the courts are to "interpret‌ ‌the‌ ‌law‌ ‌as‌ ‌written‌ ‌by‌ ‌the‌ ‌legislature‌"

The Judicial Fix Act was written by the Legislature, so ignoring it is directly against the Constitution.

I implore you to reconsider your choice.

 

[Dartanboy]

 OBJECTION
BREACH OF PROCEDURE

In order to make a decision on the previous Objection, there must be two Justices according to the Judicial Fix Act.

Your honor, your decision should be struck (once another Justice is available) and this case should be put on hold until such time.

 

[Matthew100x]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO RECONSIDER

Your honor, I've taken your advice and read Part 2, Section 13 of the Constitution, which clearly states the courts are to "interpret‌ ‌the‌ ‌law‌ ‌as‌ ‌written‌ ‌by‌ ‌the‌ ‌legislature‌"

The Judicial Fix Act was written by the Legislature, so ignoring it is directly against the Constitution.

I implore you to reconsider your choice.

Yes and so was the Judicial Rights Expansion Act, would you like me to enforce that as well since it failed referendum (see https://www.democracycraft.net/threads/judicial-rights-expansion-act.16637/)?

No, This court will stay the course and not utilize the Judicial Fix Act.

 OBJECTION
BREACH OF PROCEDURE

In order to make a decision on the previous Objection, there must be two Justices according to the Judicial Fix Act.

Your honor, your decision should be struck (once another Justice is available) and this case should be put on hold until such time.

Counselor, any further objections on this matter will result in a contempt of court. We shall continue the case.

The Plaintiff now has 47 and a half hours to post an opening statement. Kindly inform this court if you need an extension.

 

[Dartanboy]

Yes and so was the Judicial Rights Expansion Act, would you like me to enforce that as well since it failed referendum (see https://www.democracycraft.net/threads/judicial-rights-expansion-act.16637/)?

No, This court will stay the course and not utilize the Judicial Fix Act.


Counselor, any further objections on this matter will result in a contempt of court. We shall continue the case.

The Plaintiff now has 47 and a half hours to post an opening statement. Kindly inform this court if you need an extension.

 OBJECTION
BREACH OF PROCEDURE

It is long-established court procedure that parties may file Objections in court, especially "when a party in the case has breached court procedures and policy."

Your honor, it is clear that you are breaching court procedures and policy, and are furthermore threatening to charge me with a crime for exercising the rights I have under court procedure and my right to Political Communication under the Constitution.

MOTION TO RECUSE
The Commonwealth asks that Matthew100x be recused from this case, as he has threatened one party of this case to attempt to stop them from exercising their rights.

 

[Matthew100x]

 OBJECTION
BREACH OF PROCEDURE

It is long-established court procedure that parties may file Objections in court, especially "when a party in the case has breached court procedures and policy."

Your honor, it is clear that you are breaching court procedures and policy, and are furthermore threatening to charge me with a crime for exercising the rights I have under court procedure and my right to Political Communication under the Constitution.

You are out of line counselor. Are you defending the National Interest of the Nation at the moment or are you here to grandstand and assert your own rights? You have every right to speak your voice but this is a court room and you are working on the behalf of your employer to handle the government's interest in this matter. If the court is asking you to represent your client and continue the case, you are to do so.

Contempt of Court is defined as "Conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court. A party that fails to perform a specific act, in accordance with a judgment by a court, can be charged with contempt and subsequently penalized."

Creating objections with the specific intent to obstruct or interfere with the case qualifies as "contempt of court". I specifically asked you not to post the Breach of Procedure objection since you had done so twice and had it resolved twice and you did so anyways.

I am charging the defendant with one charge of Contempt of Court. I ask that the DOJ Secretary @Technofied please charge the DLA balance the fine and ignore the jailtime.

MOTION TO RECUSE
The Commonwealth asks that Matthew100x be recused from this case, as he has threatened one party of this case to attempt to stop them from exercising their rights.

I am allowed to decide the Motion to Recuse on the first instance. The grounds for recusal are as follows (see Guide - Motions Guide).

● Interest in the subject matter, or relationship with someone who is interested in it
I do not have any interest in the subject matter or relationship with someone who is interested in it.
● Background or experience, such as the Judge’s prior work as a lawyer
I do not have any background or experience in regards to the case, only to the matter regarding the Judicial Fix Act.
● Personal knowledge about the parties, or the facts of the case
I have no personal knowledge of the parties or the case.
● Ex parte communications with lawyers, or non-lawyers
I have not made any ex parte communication with lawyers or non-lawyers regarding this case.
● Rulings, comments, or conduct
My only ruling on the matter has been to overrule the objection with regards to the Judicial Fix Act. I have requested the defense counsel stop so we can continue the case and they have not. I have clearly explained to the Attorney General that the case shall continue. I explained that their conduct will lead to a contempt of court charge which I gave prior to the ruling on this Motion to Recuse.

Given the above, I deny the motion to recuse.

Counselor, just so that you are aware, a second motion to recuse is decided by the Chief Justice which I am currently acting as (see Guide - Motions Guide). If you are going to assert a second motion to recuse, please assert the legal rationale using the grounds for recusal and weigh it against the rights of the plaintiff for a fair and speedy trial.

 

[Dartanboy]

You are out of line counselor. Are you defending the National Interest of the Nation at the moment or are you here to grandstand and assert your own rights? You have every right to speak your voice but this is a court room and you are working on the behalf of your employer to handle the government's interest in this matter. If the court is asking you to represent your client and continue the case, you are to do so.

Contempt of Court is defined as "Conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court. A party that fails to perform a specific act, in accordance with a judgment by a court, can be charged with contempt and subsequently penalized."

Creating objections with the specific intent to obstruct or interfere with the case qualifies as "contempt of court". I specifically asked you not to post the Breach of Procedure objection since you had done so twice and had it resolved twice and you did so anyways.

I am charging the defendant with one charge of Contempt of Court. I ask that the DOJ Secretary @Technofied please charge the DLA balance the fine and ignore the jailtime.



I am allowed to decide the Motion to Recuse on the first instance. The grounds for recusal are as follows (see Guide - Motions Guide).

● Interest in the subject matter, or relationship with someone who is interested in it
I do not have any interest in the subject matter or relationship with someone who is interested in it.
● Background or experience, such as the Judge’s prior work as a lawyer
I do not have any background or experience in regards to the case, only to the matter regarding the Judicial Fix Act.
● Personal knowledge about the parties, or the facts of the case
I have no personal knowledge of the parties or the case.
● Ex parte communications with lawyers, or non-lawyers
I have not made any ex parte communication with lawyers or non-lawyers regarding this case.
● Rulings, comments, or conduct
My only ruling on the matter has been to overrule the objection with regards to the Judicial Fix Act. I have requested the defense counsel stop so we can continue the case and they have not. I have clearly explained to the Attorney General that the case shall continue. I explained that their conduct will lead to a contempt of court charge which I gave prior to the ruling on this Motion to Recuse.

Given the above, I deny the motion to recuse.

Counselor, just so that you are aware, a second motion to recuse is decided by the Chief Justice which I am currently acting as (see Guide - Motions Guide). If you are going to assert a second motion to recuse, please assert the legal rationale using the grounds for recusal and weigh it against the rights of the plaintiff for a fair and speedy trial.

According to the Judicial Standards Act (not an outdated guide): "(3) Where a judge does not voluntarily recuse, a second Judge will respond to the motion and either accept or deny it. In the instance the judge accepts the motion, that judge will then preside over the case."

Your honor, the Commonwealth believes you have the appearance of bias against the Commonwealth's counsel in this case.

You have charged the Commonwealth with contempt for filing an Objection based on court procedure and law.

We will be invoking that clause of the Judicial Standards Act and seek another Judge to rule on the Motion to Recuse.

 

[Dartanboy]

Also, appearance of bias is permitted as a valid reason for recusal in the JSA

 

[Matthew100x]

Fair, next time please cite your law. The Court is placed into recess until another judge is appointed.

 

[Dartanboy]

I am informing the Court that I am no longer the Attorney General. @drew_hall is and I will no longer be involved in this case.

Also:
As Justice, I am informing the parties of this case that I will be recusing myself from this case due to my previous involvement.

 

[Alexander P. Love]

I will be initiating nolle prosequi. Thank you all.

 

[drew_hall]

This case has been dismissed at the request of the Plaintiff