==============================  CFJ 1599  ==============================

    Rule 402 (Church and State) may cause the Clerk of the Courts to
    become Speaker.

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Caller:                                 Murphy

Judge:                                  OscarMeyr
Judgement:                              TRUE

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History:

Called by Murphy:                       04 Jan 2007 02:33:41 GMT
Assigned to OscarMeyr:                  31 Jan 2007 13:03:46 GMT
Judged TRUE by OscarMeyr:               02 Feb 2007 01:42:25 GMT
Appealed by Murphy:                     18 Jul 2007 17:46:47 GMT

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Caller's Arguments:

The only thing that would prevent this is Rule 1450 (Separation of
Powers), which is arguably broken:

  1) It attempts to refer to the Speakership as an office, whereas
     no rule explicitly defines it as such, and there is clear game
     custom that it is not intended as such (e.g. Rule 1006 has long
     designated the Speaker as the default holder of offices).

  2) Rule 402 states that the pope becomes Speaker, which may activate
     the "no other players eligible" claus of Rule 1450.

  3) Rule 402 also states that the previous Speaker ceases to be
     Speaker; if this occurs, but Rule 1450 attempts to block the
     replacement, then Rule 103 overrules them both.

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Caller's Evidence:

Rule 402/16 (Power=1)
Church and State

      A cardinal is an active, ready player who is not the current
      Speaker.

      For seven days after a cardinal wins the game with no other
      players simultaneously winning, then any player may announce
      that the winning cardinal becomes a pope.  Upon this
      announcement, that player becomes a pope, so please treat em
      right good forever.  Also upon this announcement, the current
      Speaker ceases to be Speaker, and the new pope is installed as
      the new Speaker.

      If the legality of an installation is not challenged within
      seven days of it being attempted, then it shall be allowed to
      stand, even if is subsequently found to be illegal.

      Rules to the contrary nonwithstanding, if a Player becomes
      Speaker via this method, e may not be removed from the
      Speakership for 90 days without eir own consent.

Rule 1450/5 (Power=1)
Separation of Powers

      The Speaker, Clerk of the Courts, and Promotor are mutually
      exclusive offices.  A Player holding one of these offices may
      not come to simultaneously hold another of them, unless there
      are no other Players in the game eligible.  This Rule takes
      precedence over any other Rule that governs offices.

Rule 1006/10 (Power=1)
Offices

      The Rules may designate positions to be offices.  No office may
      be held by more than one player.  Each office that would
      otherwise not be held by any player shall be held by the
      Speaker, unless it is not possible for the Speaker to hold that
      office.

      The holder of an office may be referred to by the name of the
      office.  The Herald shall list the holder of each office, and
      the date upon which each holder last came to hold that office.

      Any Player may make an active Player the holder of an office,
      thus removing any previous holder from the office, with Agoran
      Consent, provided:
      (a) that office has not changed hands with this method in the
          previous 30 days, and
      (b) the potential officer consents to hold the office after the
          announcement of intent is made.

      If no attempt to acheive Agoran Consent for changing the holder
      of particular office is announced in a given quarter, then the
      Speaker shall make at least one such attempt to change the
      officeholder in the following quarter, and make the change if
      consent is acheived.

      If the duty of an office is to maintain certain information,
      than the officer shall publish that information once a month, or
      as soon as possible after a substantial change occurs in the
      information or the officer receives a request for the
      information.  A weekly report shall be sufficient to satisfy
      these last two requirements.

      If an Officer or the Speaker fails to satisfy a Timing Order to
      perform a certain offical duty, than the player who executed the
      order may perform the duty as if e were the officer.

Rule 103/1 (Power=3)
The Speaker May Not Deregister

      At any time, there is exactly one Player who is the Speaker. The
      Speaker may not deregister or be deregistered for any reason,
      any other Rule to the contrary notwithstanding.

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Judge OscarMeyr's Arguments:

R1006 does not designate the Speaker as an office.  Therefore the position of
Speaker is not regulated as offices are.  So the restriction of R1450 does not
apply to prevent the CotC or Promotor from becoming Speaker, as empowered by
R402.  Accordingly, I rule TRUE.

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Appellant Murphy's Arguments:

While I'm at it, I appeal the judgement of CFJ 1599, on the grounds
that Rule 1450 took precedence over Rule 1006.

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