On 5/16/2020 11:13 PM, Rebecca wrote: > On Sun, May 17, 2020 at 3:20 PM Aris Merchant wrote: >> On Sat, May 16, 2020 at 9:49 PM Rebecca wrote: >>> >>> I intend with 4 support to enter CFJ 3831 into moot >>> Link: https://faculty.washington.edu/kerim/nomic/cases/?3831 >> >> I support. We don't do this often enough. >> > It's because it's too hard. It should just be that anyone can vacate a > (somewhat recent) judgement and reassign it to a new judge if they get say > 2 agoran consent, with a minimum of 3 voters for it or something. I don't think initiation difficulty is why we don't do this more. In the past (with appeals courts) we had more, but that's mostly because we didn't have motions to reconsider, so we had to convene the board of appeals just to correct trivial errors.
For the non-trivial ones, I think the main reason - now that we've had moots for several years - is that voting just isn't a great way to resolve a complicated judicial opinion. It's a long voting process that doesn't set precedent, and puts you back to square one - you end up knowing that the majority of Agora was somehow unhappy with the first opinion (but often with splits as to why and no consensus-building). This problem would also apply to doing it by some level of Agoran Consent - making it easier to reassign via a "consent vote" would just make it a bit easier to go around in circles IMO. Appeals courts on the other hand can set precedents or give direct instructions for what the judge has to reconsider, so that's forward progress for the case when that happens. I'd also had it in the back of my mind to bring back the appeals court, for that reason. I wouldn't vote to make the current Moot process much easier to start, or to just allow reassignment with some level of consent, for the reasons above that voting/consent don't move things forward much. (And after all, in this case no one really complained the first week, when it was easier to start, for whatever reason...?) But if we brought appeals back I'd vote to make that easier. -G.
