Interview with Drecq
Mini Series: The People Behind the Ministries
Written by Astrellan/Siphlygon
(Europeia - March 31, 2019) - As part of the new mini-series, the EBC sat down to talk to the Attorney General and Minister of Justice, Drecq. We spoke with him about his duties as the AG & Minister of Justice and his experience in those roles.
Siphlygon: Firstly, how long have you been AG/Minister of Justice?
Drecq: I don't precisely know. I don't keep count. It has been a while now though. Several continuous terms at least. And my first term as Attorney General was many years ago.
Siphlygon: What have been some of the hardest challenges you've had to face in your time in those roles?
Drecq: It's not really a job with many truly hard challenges. The amount of people interested in joining the Ministry of Justice is small but it is a steady flow and the amount of positions it opens up is small as well. So it isn't much of an issue. We don't have many members taking actions that require a criminal trial and those that due often end up veering into admin territory. So the primary challenge an Attorney General can face is always advising the First Minister or Chief of State or previously the President on legal matters, because sometimes your personal legal opinion has to take a step back from what the legal opinion of the Executive is. It takes a fair amount of getting used to and not everyone can make that disconnect.
Siphlygon: Does the FM/CoS come often to you for legal advice? How hard is it to give such advice and your own legal opinion?
Drecq: The foreign side of the Executive generally requires less legal advice than the domestic side and that has borne out since the Executive Split. And how hard the advice is to give is always dependent on the specific instance. Some answers are quick and easy. Some require more research. I tend to try to give an immediate answer as well as I can, but with the more complex that means sometimes having to go back and say: "I was wrong in my initial assessment." I always give my own legal opinion to the FM and CoS in private. But I also always represent the Executive's legal opinion when it then goes public. That is hard. You sometimes have to argue against your own best judgment. Thankfully it doesn't happen often. We tend to elect people who have a healthy respect for the boundaries of the law and when their legal advisor tells them what the law is in their opinion, then they tend to listen.
Siphlygon: How did you start getting involved in the legal side of Europeia?
Drecq: A couple of weeks into getting active in Europeia I was elected to replace a Senator that had recently dropped out. I kept getting reelected in the Senate and on the side became active in whatever legal discussions were going on on the forum at the time (this was pre-discord and even pre-skype, so everything was on the forum). Back then there was no Ministry of Justice, no Law Clerks, and all legal training was done by the High Court, though quite a bit less actively. With legal training in the hands of the Court the Attorney General position was seen largely as a stepping stone to the Court. And because I wanted to be on the Court when I was offered Attorney General I gladly accepted. I did eventually become an Associate Justice and even Chief Justice. But Attorney General is more active, so here I am.
Siphlygon: Do you think your real life legal experience gives you an advantage in your roles?
Drecq: I think it gives me a leg up getting started, but beyond the very basics there isn't that much that translates. Anyone willing to put in the time to learn the basics has a chance. I teach Law Clerks the basics of Statutory Interpretation and with those, and having read our Law Index combined with a little practical experience of our system, anyone can be Attorney General or a Justice on the High Court.
Siphlygon: Is there a particular piece of legislation that you're proud to have been involved in it's drafting?
Drecq: Legislation comes and goes. Some legislation I have been proud of being involved in has long since gone the way of the Dodo and other legislation that I wasn't that proud of has survived. But primary legislation that still exists that I helped draft that I am most proud of would likely be the Organisations Act. It provides for everything we require it to do and provides, in general, for a lot of stuff that we aren't doing but maybe someday will want to do. It is general where it needs to be and specific where it needs to be and does what it is supposed to do and you really can't require anything more from a piece of legislation.
Siphlygon: How has working under Rand been?
Drecq: Good. Rand understands the legal issues I bring up and while he has his own legal ideas, including some I disagree with, he always listens to my side and is willing to let himself be advised.
Siphlygon: What do you look for in a Law Clerk?
Drecq: I don't have the luxury to choose. If you are a Citizen and have applied to become a Law Clerk then congratulations, you are a Law Clerk. But I can tell you what makes the best law clerks: Good reading comprehension and a willingness to accept that statutory interpretation is a technical process that is more exacting and exact than just using your best judgment on a piece of law.
Siphlygon: Thank you for speaking to us today, Drecq
Drecq: Always happy to.
