Itty Bitty Bigger World - Reboot Protocol
Aug. 14th, 2019 08:28 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drewkittyReboot Protocol
[About fifteen years before the current timeline. An exploration of expanded justice.]
Against my habit, I have exercised my right to appear in person for a major court case. Accordingly, I have shaved and cleaned up. I have also, reluctantly, left my KittenBot and backpack in bonded secure storage. The contents of the backpack would cause me to be stunned merely for walking towards the courthouse door. I tried to ignore the pitiful mew as I walked away.
At first the court did not know what to do with me, as neither the presiding judges nor the respondents, nor any of the witnesses or other stakeholders, were present. They were ALL in VR. They tried to show me to a VR room. I pointed out, accurately, that VR was only tentatively certified for courtroom use.
After verifying my peace officer status (and calling my preceptor, who darkly promised To Discuss This With Me Later), they put me in with the stenographer, in her VR workspace.
"Oyez," the ancient cry rang out, and the presiding judge seated himself in the virtual courtroom as we all 'stood.'
"Be seated," the bailiff said, with her complete power over the VR presentations in the courtroom underlying her commanding tone.
"This is the fourth and final Protocol hearing in the matter of Skybound Road Association vs. Skybound Resident's League vs. Decedents #1 through #22 vs. the West Teague Fire Protection District vs. State of California Successor Corporations Inc. vs. Claimants #1 through #587.
"As the Presiding Judge, I wish to make some introductory remarks. This matter has been in litigation for seven years. Justice delayed is justice denied. Seven judges, hundreds of attorneys, thousands of litigants have been involved. Twenty four persons are dead. Two of them are not represented here because as state employees their claims were settled separately much earlier.
"Instead of waiting for the rest of us to die, a final verdict will be reached today on the following matters:
"The ownership and permissible land use for all properties in the Skybound corridor.
"The compensation for claims involving personal injury and wrongful death for the negligent wildfire of August 14, 2033, proven to have been caused by a vehicle crash.
"The existence, composition and viability of the two principal Skybound organizations, SRA and SRL.
"The responsible party for claims against West Teague FPD, which is defunct.
"The application of 'deep pockets' doctrine to SCSCI. Again.
"Last first. SCSCI has been proven to have performed its duties according to the reasonable standards in effect on that date, through the instruments of CHP, Calfire, County Fire and the County Sheriff. Therefore SCSCI is not liable under 'deep pockets' and is released from further liability in this matter. As with other decisions to be reached today, this decision is final.
"The Court is well aware that under Protocol there is no higher redress. A matter of this complexity normally requires three judges; we have assigned seven.
"In Protocol, a final appeals court sits as a court of equity, not a court of competing merits. This means that the final appeals court must consider all variables presented, not merely theories of liability and tort but also those of fairness, reasonableness, subjective aesthetics and love.
"These last two require some explanation. Under Protocol, subjective aesthetics consists of finding the most right answer, the most beautiful answer, the answer of which future generations will look back and say, 'The Court did a good thing.'
"Also under Protocol, the Court is literally commanded to love the litigants and their rights. Any harm to the claimants is injury to the Court, any breach of their rights is an insult to the Court, and the Court must also love the set of agreements which forms San San, Protocol and our mutual dealings with each other. This is not always an easy task.
"In any relationship comes conflict. This Court loves life. Twenty four people are dead. This Court treasures the safety of human beings. Over a dozen of them are insisting on their right to live in dangerous conditions. This Court cherishes the freedom to choose. The choice to take great personal risks inflicts anguish on this Court.
"Some decisions are easy. The organizations formerly known as SRA and SRL are dissolved. Their attorneys will be compensated at prevailing legal rate, and are dismissed from this claim with thanks for their hard work. Note that percentage awards were outlawed in 2037, the Court takes official notice, and despite much effort and spilling of ink and electrons, there will be no huge payoffs for the lawyers who managed to draw this out. Then again, they will be granted immunity from delay of justice claims, as that process was implemented in 2041, so they should leave this matter thanking all of us that they are not being sued for making this as drawn out as they have.
"In place of both the Court orders the formation of the Skybound Community Trust. The assets of the SCT shall be all land in the Skybound Disaster Zone which is not separately allocated through zoning approval; power to tax up to 0.05% per standard special district zoning doctrine within that zone; an allocation of full time employees (FTE) equal to its workload from the Protocol Trust, and an unlimited letter of credit from the San San Foundation.
"Each full time resident within the SCT will have two votes, each part time resident, at least 90 days per year, will have one vote. The SCT shall administer the rulings of this Court.
"Official notice is taken that modern wildland firefighting techniques are adequate to prevent a repetition of the 2033 disaster.
"Nonetheless, the reconstruction of all properties as they existed on that date lacks justice, lacks aesthetics, lacks merit and is therefore rejected.
"Skybound is now surrounded by the Great Park. The Great Park has sought to incorporate the SCT by absorption. It is the ruling of this Court that while the highest use of the SCT lands is in fact a Great Park use, the other uses must be respected.
"Claimants #83 through #97. You are each granted a life estate in your formerly held privately owned lands in the SCT. With this life estate comes immunity from tax, eligibility for disaster reconstruction loans, power to apply to the SCT for additional funds, and the right to reconstruct your properties as they appeared on August 13, 2033 OR TO IMPROVE THEM consistent with the stated aesthetic goals of the Great Park.
"Non resident claimants are entitled to monetary damages ONLY. A key principle of equity is 'having skin in the game' and if you don't want to live in Skybound, you don't have skin in this game.
"Claimant #96. You are further bound by a restraining order from your civil competency hearing, requiring inspections of your premises by licensed probation officers every fourteen days.
"Claimant #97. The Court thanks you for your time and investment in these proceedings. The Court issues a binding order that you shall have the right to die on your land, as you have eloquently requested, and commands the assistance of relevant organizations.
"Claimant #232. Your claim is hereby revoked with great prejudice. You are restrained from further claims or litigation in the Skybound matter, forever.
"Claimant #280. The energy of your interest in the Skybound matter is ... evident. However, no amount of arguing that you have a claim does not make it so. Apply to work for or volunteer for the SCT, if you wish. Your claim is dismissed without prejudice, but you are restrained from further claims or litigation in the Skybound matter forever."
"Claimant #343. Your allegation that your mother suffered emotional distress due to her brief interaction with a SCSCI employee is rejected with prejudice, based on review of the available video, audio and VR evidence. Your mother died at peace. Please be at peace with her decision, which was hers not yours."
I breathed a sigh of slight relief. I wasn't surprised but it was nice not to have that hanging over me.
"Claimant #422. It is clear that the failure of the owner of the house at the top of Skybound to follow recommended safety procedures as in effect on the day of the event contributed to your emotional distress. It is not clear that the actions of SCSCI personnel did so. You have left the SCT boundary area vowing never to return. Your compensation is also financial in nature, with one stipulation ... the award is for both dogs, now deceased, not two separate awards as you have argued for.
"It having been seven years since the event, any claim not already made is hereby declared DEAD and of no further legal merit. If anyone, anyone at all, wishes to object or to enter a new claim, do so now or forever surrender your right to do so. Going once, going twice ... gone.
I noted in the VR display that most of the attorneys had already logged off.
"A final note for the members of the SCT. Many of you do not like each other. You will have to learn to work together. Under special interest rules a two third vote is required for any matter greater than procedural. Learn to get along, or get nothing done and be absorbed by the Great Park."
Suddenly the gavel banged.
"This matter is closed."
I sighed a huge sigh of relief.
And now it was closed for me too.
[About fifteen years before the current timeline. An exploration of expanded justice.]
Against my habit, I have exercised my right to appear in person for a major court case. Accordingly, I have shaved and cleaned up. I have also, reluctantly, left my KittenBot and backpack in bonded secure storage. The contents of the backpack would cause me to be stunned merely for walking towards the courthouse door. I tried to ignore the pitiful mew as I walked away.
At first the court did not know what to do with me, as neither the presiding judges nor the respondents, nor any of the witnesses or other stakeholders, were present. They were ALL in VR. They tried to show me to a VR room. I pointed out, accurately, that VR was only tentatively certified for courtroom use.
After verifying my peace officer status (and calling my preceptor, who darkly promised To Discuss This With Me Later), they put me in with the stenographer, in her VR workspace.
"Oyez," the ancient cry rang out, and the presiding judge seated himself in the virtual courtroom as we all 'stood.'
"Be seated," the bailiff said, with her complete power over the VR presentations in the courtroom underlying her commanding tone.
"This is the fourth and final Protocol hearing in the matter of Skybound Road Association vs. Skybound Resident's League vs. Decedents #1 through #22 vs. the West Teague Fire Protection District vs. State of California Successor Corporations Inc. vs. Claimants #1 through #587.
"As the Presiding Judge, I wish to make some introductory remarks. This matter has been in litigation for seven years. Justice delayed is justice denied. Seven judges, hundreds of attorneys, thousands of litigants have been involved. Twenty four persons are dead. Two of them are not represented here because as state employees their claims were settled separately much earlier.
"Instead of waiting for the rest of us to die, a final verdict will be reached today on the following matters:
"The ownership and permissible land use for all properties in the Skybound corridor.
"The compensation for claims involving personal injury and wrongful death for the negligent wildfire of August 14, 2033, proven to have been caused by a vehicle crash.
"The existence, composition and viability of the two principal Skybound organizations, SRA and SRL.
"The responsible party for claims against West Teague FPD, which is defunct.
"The application of 'deep pockets' doctrine to SCSCI. Again.
"Last first. SCSCI has been proven to have performed its duties according to the reasonable standards in effect on that date, through the instruments of CHP, Calfire, County Fire and the County Sheriff. Therefore SCSCI is not liable under 'deep pockets' and is released from further liability in this matter. As with other decisions to be reached today, this decision is final.
"The Court is well aware that under Protocol there is no higher redress. A matter of this complexity normally requires three judges; we have assigned seven.
"In Protocol, a final appeals court sits as a court of equity, not a court of competing merits. This means that the final appeals court must consider all variables presented, not merely theories of liability and tort but also those of fairness, reasonableness, subjective aesthetics and love.
"These last two require some explanation. Under Protocol, subjective aesthetics consists of finding the most right answer, the most beautiful answer, the answer of which future generations will look back and say, 'The Court did a good thing.'
"Also under Protocol, the Court is literally commanded to love the litigants and their rights. Any harm to the claimants is injury to the Court, any breach of their rights is an insult to the Court, and the Court must also love the set of agreements which forms San San, Protocol and our mutual dealings with each other. This is not always an easy task.
"In any relationship comes conflict. This Court loves life. Twenty four people are dead. This Court treasures the safety of human beings. Over a dozen of them are insisting on their right to live in dangerous conditions. This Court cherishes the freedom to choose. The choice to take great personal risks inflicts anguish on this Court.
"Some decisions are easy. The organizations formerly known as SRA and SRL are dissolved. Their attorneys will be compensated at prevailing legal rate, and are dismissed from this claim with thanks for their hard work. Note that percentage awards were outlawed in 2037, the Court takes official notice, and despite much effort and spilling of ink and electrons, there will be no huge payoffs for the lawyers who managed to draw this out. Then again, they will be granted immunity from delay of justice claims, as that process was implemented in 2041, so they should leave this matter thanking all of us that they are not being sued for making this as drawn out as they have.
"In place of both the Court orders the formation of the Skybound Community Trust. The assets of the SCT shall be all land in the Skybound Disaster Zone which is not separately allocated through zoning approval; power to tax up to 0.05% per standard special district zoning doctrine within that zone; an allocation of full time employees (FTE) equal to its workload from the Protocol Trust, and an unlimited letter of credit from the San San Foundation.
"Each full time resident within the SCT will have two votes, each part time resident, at least 90 days per year, will have one vote. The SCT shall administer the rulings of this Court.
"Official notice is taken that modern wildland firefighting techniques are adequate to prevent a repetition of the 2033 disaster.
"Nonetheless, the reconstruction of all properties as they existed on that date lacks justice, lacks aesthetics, lacks merit and is therefore rejected.
"Skybound is now surrounded by the Great Park. The Great Park has sought to incorporate the SCT by absorption. It is the ruling of this Court that while the highest use of the SCT lands is in fact a Great Park use, the other uses must be respected.
"Claimants #83 through #97. You are each granted a life estate in your formerly held privately owned lands in the SCT. With this life estate comes immunity from tax, eligibility for disaster reconstruction loans, power to apply to the SCT for additional funds, and the right to reconstruct your properties as they appeared on August 13, 2033 OR TO IMPROVE THEM consistent with the stated aesthetic goals of the Great Park.
"Non resident claimants are entitled to monetary damages ONLY. A key principle of equity is 'having skin in the game' and if you don't want to live in Skybound, you don't have skin in this game.
"Claimant #96. You are further bound by a restraining order from your civil competency hearing, requiring inspections of your premises by licensed probation officers every fourteen days.
"Claimant #97. The Court thanks you for your time and investment in these proceedings. The Court issues a binding order that you shall have the right to die on your land, as you have eloquently requested, and commands the assistance of relevant organizations.
"Claimant #232. Your claim is hereby revoked with great prejudice. You are restrained from further claims or litigation in the Skybound matter, forever.
"Claimant #280. The energy of your interest in the Skybound matter is ... evident. However, no amount of arguing that you have a claim does not make it so. Apply to work for or volunteer for the SCT, if you wish. Your claim is dismissed without prejudice, but you are restrained from further claims or litigation in the Skybound matter forever."
"Claimant #343. Your allegation that your mother suffered emotional distress due to her brief interaction with a SCSCI employee is rejected with prejudice, based on review of the available video, audio and VR evidence. Your mother died at peace. Please be at peace with her decision, which was hers not yours."
I breathed a sigh of slight relief. I wasn't surprised but it was nice not to have that hanging over me.
"Claimant #422. It is clear that the failure of the owner of the house at the top of Skybound to follow recommended safety procedures as in effect on the day of the event contributed to your emotional distress. It is not clear that the actions of SCSCI personnel did so. You have left the SCT boundary area vowing never to return. Your compensation is also financial in nature, with one stipulation ... the award is for both dogs, now deceased, not two separate awards as you have argued for.
"It having been seven years since the event, any claim not already made is hereby declared DEAD and of no further legal merit. If anyone, anyone at all, wishes to object or to enter a new claim, do so now or forever surrender your right to do so. Going once, going twice ... gone.
I noted in the VR display that most of the attorneys had already logged off.
"A final note for the members of the SCT. Many of you do not like each other. You will have to learn to work together. Under special interest rules a two third vote is required for any matter greater than procedural. Learn to get along, or get nothing done and be absorbed by the Great Park."
Suddenly the gavel banged.
"This matter is closed."
I sighed a huge sigh of relief.
And now it was closed for me too.
