=========================  Criminal Case 3365  =========================

    scshunt has violated Rule 2143 (Official Reports and Duties) by
    failing to publish the holder of each office, etc. last week.

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Caller:                                 omd
Barred:                                 scshunt

Judge:                                  Walker
Judgement:                              GUILTY/TIME OUT

Appeal:                                 3365a
Decision:                               REMIT


Judge:                                  woggle
Judgement:                              


Judge:                                  OscarMeyr
Judgement:                              

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History:

Called by omd:                          08 Jul 2013 20:09:21 GMT
Assigned to G.:                         15 Jul 2013 17:44:25 GMT
Transferred from G. to Walker:          20 Jul 2013 15:20:07 GMT
Judged GUILTY/TIME OUT by Walker:       20 Jul 2013 15:20:07 GMT
Appealed by scshunt:                    20 Jul 2013 15:23:52 GMT
Appeal 3365a:                           20 Jul 2013 15:23:52 GMT
REMITTED on Appeal:                     27 Jul 2013 21:48:43 GMT
Assigned to woggle:                     03 Aug 2013 14:57:27 GMT
woggle recused:                         03 Aug 2013 23:45:10 GMT
Assigned to OscarMeyr:                  12 Aug 2013 00:07:59 GMT

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Judge Walker's Arguments:

It appears to this court that the question of culpability is
uncontroversial. GUILTY.

In sentencing I will follow the commendable example of the judge of
CFJ 3336 and address each possible sentence in turn.

DISCHARGE clearly does not apply; the ninny is guilty by the spirit as
well as the letter of the law.

APOLOGY and FINE are appropriate for rule breaches of small
consequence. This rule breach is not of small consequence, as we are
dealing with the report of an important, highly paid office here. A
FINE would be especially inappropriate as the ninny already loses eir
salary for failure to complete duties. One might think that this is
punishment enough and that DISCHARGE is therefore appropriate, but
this would be the result of totally the wrong conception of how
offices work. An office is not a voluntary task undertaken by any
player in return for a reward, like writing a proposal. Once an
officer is installed, their duties are compulsory and failure to
complete them should carry a punishment, as tardy officers damage the
game for all players and always have the option to resign and allow
another player to assume the office.

Also at issue here is the unique position of the IADoP, who is
responsible for keeping track of the completion of duties by other
officers. Failure to report by the IADoP is a crime of greater
severity because of this. Officers and other players must have
confidence in the IADoP, which they cannot have if e fails to meet the
standards which e is required to help to enforce. Moreover, there is a
risk of other instances of failure to complete duties going unnoticed
and unpunished, resulting in systemic failure. (This CFJ was not
called by the ninny, so it's an issue of who watches the watchman.)

No set of tasks for COMMUNITY SERVICE are appropriate, as the ninny is
already required to complete eir duties and a requirement to resign
rests on the unjustified assumption that another player would assume
the office. A set of menial tasks purely for the ninny's punishment
and other players' amusement is one option, but this would be
equivalent to an APOLOGY, which I have already ruled is inappropriate.

EXILE is clearly inappropriate as this rule breach is not of the
highest severity. This leaves TIME OUT, which was established in CFJ
3336 as an especially appropriate punishment for officers as
inactivity allows for a willing player to assume the office.

As for the length of the TIME OUT, I select the minimum period of 4
days, leaving ample time for the office to be assumed, if there is a
willing player,  and ensuring that the ninny will miss one
distribution if the Promotor keeps to eir usual timetable.

GUILTY/TIME OUT, 4 days.

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Appellant scshunt's Arguments:

I appeal this judgment as I believe that it is appropriate to consider
this a breach of minor severity, in keeping with recent criminal cases
for late reports; the fact that the IADoP report is not crucial
(though it is important) for ongoing gameplay; and that the breach was
only for a single week.

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