Petition for Judicial Review - Article 2:1 of the San Andreas constitution

[Jacob Schmidtt]

San Andreas Judicial Branch "HERE FOR YOU | SAFE FOR YOU"

IN THE SUPREME COURT
FOR THE STATE OF SAN ANDREAS

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• Docket Number
  [LEAVE FOR THE JUDGE]
  Date Filed
  29/Aug/2023
  Nature of petition
  Advisory Opinion
  
  
  Re: Application of Article 2:1

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PETITION FOR ADVISORY OPINION

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I. Information

• Challenged Provision
  Provide the basic information in relation to your advisory opinion request. Is this request in relation to the application of an specific law, a conflict of jurisdictions, etc.
  Relevant (or laws) provisions: Article 2 section 1 of the Los Santos Constitution
  Additional comments:
  Our constitution guarantees a speedy and fair trial to all, but the board of governors who remain above it if they so choose. Article 2:1 allows them to exercise their powers to remain above the law at all times.

II. Opinion Requests

1. The Los Santos constitution allows for the board of governors to hire and fire anyone they want at the Judicial branch. These powers allow them to fire anyone who would ever seek to investigate them, their friends or family, with no legal recourse otherwise. How is the board of governors held accountable to the law if they are, by design of the constitution, able to remove anyone who would ever try to investigate or press charges against them, and any judge who would even try a case against them?
   
   
   
   III. Arguments
   Honorable members of the Supreme Court.
   
   I believe that this article of the constitution is fundamentally flawed, and allows for a board of governors with no oversight, who answer to no one but themselves, and who are accountable to no one. A corrupt governor would merely be able to fire any prosecutor, attorney general, or Judge on a whim. No other position in the entire state has such lack of oversight. All others are accoutable to the police, to the Judicial Branch, or to the Sheriff's office. All but the board of governors. As has been shown with the recent actions, there is nothing to stop them from firing anyone who is conducting any investigation into misconduct and corruption. There is nothing to stop them from firing me as a defense attourney, simply for exercising my first amendment rights to free speech.
   
   The position of Inspector General has been created with the power to investigate those within the government and charge them with their crimes. This does not provide any actual ability for the Inspector General to charge anyone on the board of governors, as they can merely fire that person if they get any suspicion they are being investigated.
   
   With no oversight on governance, we are not a democracy, we are a dictatorship.
   
   I will specify, the actions undertaking the recent firing have nothing to do with this specifically, but rather made me aware of this oversight within the constitution.

IV. Certification and Closing

• Under the rules of Court Procedure, by signing below, I, Jacob Schmidtt, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly presenting reckless requests in this court could result in criminal charges being added to my record and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))