Pages: [1]

TABLED: Administration of Justice Amendment Act
Posts: 9 Views: 1055

Dawsinian
  • Former Citizen
  • Quote
    Title
    1. This Act shall be cited as the Administration of Justice Amendment Act.
    Amendments
    2. Article I, Section 1 of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    1. The legislative authorities and duties of Wintreath shall be vested in a bicameral legislature called the Storting, which shall consist of a lower chamber called the Underhusen and an upper chamber called the Overhusen.

    3. Article III of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    The Lagmand Rådet
    1. The judicial powers and duties of Wintreath shall reside with a council of judges called The Lagmand Rådet.

    2. The Lagmand Rådet shall be comprised of any number of Lagmen who have applied for the position and been accepted by a majority of the both chambers of the Storting as well as the Monarch. Lagmen must have been Citizens of Wintreath for the last three months, been a current or past member of the Storting, and have made at least 50 forum posts in the last calendar month.

    3. The Storting shall have the authority to determine any procedures for approval of Lagmen in line with the specifications of this Article.

    4. Lagmen shall be removed from the Lagmand Rådet if they fail to meet any of the criteria listed in Section 2, or if a petition for their removal is passed by both chambers of the Storting and approved by the Monarch.

    Selection of Lagmen
    5. Upon the filing of each case, the Monarch shall select three Lagmen to serve as judges at random, utilizing a method approved by the Storting. Lagmen who have been named as the petitioner, respondent, plaintiff, or defendant to the case shall be ineligible to serve on the case and shall be skipped over if selected.

    6. In the event that a Lagman has been absent for five days, has been removed from the Lagmand Rådet in accordance with Section 2, or recuses themself from the case, the Monarch shall select another Lagman under the specifications listed in Article 4.

    7. The presiding Lagman shall be the judge on the case that was selected earliest.

    Case Procedures
    8. All trails and cases shall proceed along the procedures established by the Storting.
    This bill is hereby brought to the floor. Skrifa have 48 HOURS to debate this bill.
    « Last Edit: August 19, 2014, 02:35:57 AM by Denth Kasten »
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Jone
  • Former Citizen
  • Quote
    Title
    1. This Act shall be cited as the Administration of Justice Amendment Act.
    Amendments
    2. Article I, Section 1 of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    1. The legislative authorities and duties of Wintreath shall be vested in a bicameral legislature called the Storting, which shall consist of a lower chamber called the Underhusen and an upper chamber called the Overhusen.

    3. Article III of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    The Lagmand Rådet
    1. The judicial powers and duties of Wintreath shall reside with a council of judges called The Lagmand Rådet.

    2. The Lagmand Rådet shall be comprised of any number of Lagmen who have applied for the position and been accepted by a majority of the both chambers of the Storting as well as the Monarch. Lagmen must have been Citizens of Wintreath for the last three months, been a current or past member of the Storting, and have made at least 50 forum posts in the last calendar month.
    It seems odd to restrict the rights of citizens who wish not to participate in the Storting. I understand the allianation on newer members, perhaps, and even the arbitrary forum post number. I just can not wrap my head around why they would have to have served in the Storting.
    3. The Storting shall have the authority to determine any procedures for approval of Lagmen in line with the specifications of this Article.

    4. Lagmen shall be removed from the Lagmand Rådet if they fail to meet any of the criteria listed in Section 2, or if a petition for their removal is passed by both chambers of the Storting and approved by the Monarch.

    Selection of Lagmen
    5. Upon the filing of each case, the Monarch shall select three Lagmen to serve as judges at random, utilizing a method approved by the Storting. Lagmen who have been named as the petitioner, respondent, plaintiff, or defendant to the case shall be ineligible to serve on the case and shall be skipped over if selected.
    What method is that?
    6. In the event that a Lagman has been absent for five days, has been removed from the Lagmand Rådet in accordance with Section 2, or recuses themself from the case, the Monarch shall select another Lagman under the specifications listed in Article 4.

    7. The presiding Lagman shall be the judge on the case that was selected earliest.

    Case Procedures
    8. All trails and cases shall proceed along the procedures established by the Storting.
    This bill is hereby brought to the floor. Skrifa have 48 HOURS to debate this bill.
    Just seems like there are a few things that are left out and will require more legislation.[/color]
    Check out my Interview!
    Jone
    • Posts: 1,742
    • Karma: 145
    • Master of Seductive Eccentricity
    • Former Citizen
    • Pronouns
      He/Him/His
      Representing
      Wintreath Nation
      Logged
    PB
  • Paragons
  • I reiterate my concerns from the debate in the Citizens Platform.

    About this "random method," wouldn't it makes more sense for the Storting to just confirm the Monarch's appointments/selections (or vice versa?). Confirming a "random method" seems like an empty bureaucratic formality. 

    Also, if a trial requires three Langmen, then I believe a minimum number of
    Langmen is necessary, perhaps five.

    Finally (for now), perhaps the Langmen should elect their own president judge?  They are, in fact, a team, and the leader of a team shouldn't be arbitrarily chosen. They should be confident in the individual leading the case.
    PB
    • Posts: 1,760
    • Karma: 373
    • Paragons
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • Point Breeze, we're trying to not have a permanent judicial branch, which has been the idea since the start of Wintreath. If we use your idea of a "President  Judge", we then create a permanent judicial branch.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    PB
  • Paragons
  • I don't see how. President Judge need not be a permanent position.

    At the start of a case, the Langmen can elect a president judge who will lead the case and act as leader of the team of judges.  At the resolution of the case, all the judges return to citizens or Skrifa or whatever position they were before the trial began, including the president judge. For the next case, the Langmen selected in that trial will need to elect a new president judge.
    PB
    • Posts: 1,760
    • Karma: 373
    • Paragons
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • This bill has expired. The Chair will now accept motions to extend debate, vote, or to table.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Jone
  • Former Citizen
  • I motion to table for my reasons stated above.
    Check out my Interview!
    Jone
    • Posts: 1,742
    • Karma: 145
    • Master of Seductive Eccentricity
    • Former Citizen
    • Pronouns
      He/Him/His
      Representing
      Wintreath Nation
      Logged
    PB
  • Paragons
  • I second the motion to table.
    PB
    • Posts: 1,760
    • Karma: 373
    • Paragons
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • So moved, so ordered.

    * Denth Kasten slams his gavel
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
     
    Pages: [1]