[WP2] IRP Checklist

[Malcolm Hutty]

On 24/07/2015 16:25, Burr, Becky wrote:
> I’m attaching the current doc, in which I have tried to incorporate all
> input.  We need to reach closure on the following questions:
> 
>  1. Overflow panelists – yes or no

I think we are mistaken in writing the size of the total panelist pool
into the bylaws (if I am correct in thinking that that is what we are
doing); we should instead write in a duty to engage sufficient members
of the pool to carry out the number of hearings that are actually required.

>  2. Single panelist decisions – yes or no

No.

I haven't heard any argument why this is useful. If there is none, just
drop it. But I am prepared to change my mind if someone offers a
persuasive justification.

>  3. Standard for appeal to full panel - “clear error of judgment or
>     application of an incorrect legal standard” - is this the right standard

This should be a ground of appeal, but not the only one.

Another ground of appeal should be that the decision was inconsistent
with a previous decision of another panel - so looking for the appeal
panel to determine which is right.

There may be further appropriate grounds of appeal: this is something I
would like to keep open for the community to evolve, or absent that for
the IRP itself to develop its own rules.

>  4. Community override of bone-headed decisions – yes or no

Not in individual cases, no. "Bone-headed" is an entirely subjective
concept.

The community should have the power to reverse IRP rulings by changing
the rules underpinning the rulings - either by changing the bylaws or,
my preference, developing subordinate bylaws that govern the IRP
specifically.

>  5. Length of term

Seven years.

>  6. Term renewal – yes or no

No. Non-renewable protects the independence of panelists.

>  7. Exhaustion requirement – yes, no, “where applicable” (not sure I
>     know how to implement third option)

No. All parties harmed by ICANN should have the right to be heard and
the possibility of redress, not just 'insiders' in the ICANN community
(like all of us).


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