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Proposal: Omnibus Judicial Procedure Act
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PB
  • Paragons
  • I prepared this rough draft after reading Wintermoot's judicial amendment closely and realizing the number of things it assigns the Storting to complete.  I'm hoping this can solve a lot of the justice reform issues we've all been itching to tackle.  I understand this is likely something that will persist into the next Storting, so I authorize future skrifa to introduce this bill into any session of the Underhusen once it reaches a state of completion.

    Note: I use language from Wintermoot's proposed judicial amendment, however, in the event it doesn't pass, it can easily be removed or amended.  While it was created as a response to WM's amendment, this act need not perish if the amendment does.

    Quote
    Omnibus Judicial Procedure Act

    1. Title
    1.1 This act shall be cited as the Omnibus Judicial Procedure Act
    2. Approval of Lagmen
    2.1 At the time of each regular Underhusen election, qualified citizens shall have the opportunity to stand for appointment to the Lagmand Radet.
    2.1.1 Qualifications for the Lagmand Radet are listed in Article III, Section 2 of the Fundamental Laws of Wintreath
    2.2 After the regular Underhusen election has ended and the Underhusen has selected a Speaker, the Underhusen will review the list of applicants and approve or deny qualifying applications.
    2.2.1 Applications require a majority vote of the Underhusen to be approved.
    2.2.2 After the Underhusen has completed reviewing applications, the list of applicants will be sent to the Overhusen for confirmation.
    3. Acceptance of Cases
    3.1 Citizens may petition the Storting for investigation or examination into possible violations of law.  The Storting must make a good faith examination of every petition presented to it. 
    3.1.1 An examination shall consist of a presentation of evidence to the Storting, a questioning of the citizen filing the case by the Speaker, and a vote of the Underhusen. 
    3.1.2 For a case to be accepted, a majority vote of the Underhusen is necessary.
    4. Selection of Langman for Trial
    4.1 The Monarch shall select Langmen from the Lagmand Radet using the Zaphyr IRC Client's random number generator, or a similar random number generator, when a case is accepted.
    5. Trial Procedure
    5.1 Criminal Trials
    5.1.1 The Monarch/Langmen presiding shall appoint one Skrifa or Peer to represent the victim and one Skrifa or Peer to represent the defendant before any testimony or evidence is presented at trial. 
    5.1.1.1 Counsel shall be responsible for providing earnest, dilligent, and competent representation to their client(s).
    5.1.2 Criminal trials shall consist of three phases: 1. PResentation of evidene 2. Presentation of defense 3. Judges Inquiry and Verdict.  The President Judge shall have the authority to conduct the trial according to these guidelines.
    5.1.3 Appeals of criminal trials shall be heard by a panel of at least 2 Lagmen who were not selected to preside over the trial in question.  Appeals can only argue a mistake or miscarriage of law or procedure, not questions of fact.
    5.2 Constitutional Trials
    5.2.1 Suspected violations of the Fundamental Law of Wintreath or its Amendments shall be heard by a panel of three Lagmen, with the Speaker of the Underhusen arguing for the victim and the Chairman of the Overhusen arguing for the government of Wintreath or the accused person.
    5.2.2 The Speaker and Chairman shall argue differing interpretations of the Fundamental Law or Amendment in question, and will present their interpretation to the Langmen.
    5.2.3 The Langmen's verdict will establish precedent until overturned by appeal or later ruling.
    5.2.4 Appeals of constitutional cases will be heard by the Monarch, who shall consider any and all arguments deemed necessary. 
    6. Dismissal of Lagmen
    6.1 Any citizen may submit a petition for removal of Lagmen to the Storting, at which time the Speaker of the Underhusen will present it for voting.
    6.2 Petitions for the removal of a Lagmen require a majority vote to advance to the Overhusen.
    PB
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    Chanku
  • Citizen
  • We already have an act, the Judicial Offices act why not just amend the bill or instead repeal it? Also I dislike forced appointment of representation I feel like representation should be gained at will by the people contesting it instead and should be a choice(which is what my Representation Rights and Procedure Act did, of which a version that I'm working on can be found:here)

    Also I feel like perhaps the monarch should be able to look at a case and decide if it should be accepted if the Underhusen decides to vote against it for whatever reason.

    While I'm not exactly against this bill, I'm neither for it either(even though this doesn't matter). While the bill is good perhaps we should do something with the Judicial Offices Act as well.

    (Note that's not relevant, also please try indenting and stuff like I have(I use a system of two spaces, with it increasing by two each indent) in order to make it look better visually(at least to me, not sure about others), I have decided to go through the effort and indent yours below, I also fixed an error 5.1.2 on the numbered list(I also made them separate and used BBCode to form a numbered list)
    Indented Version
    Quote
    Omnibus Judicial Procedure Act

    1. Title
      1.1 This act shall be cited as the Omnibus Judicial Procedure Act

    2. Approval of Lagmen
      2.1 At the time of each regular Underhusen election, qualified citizens
           shall have the opportunity to stand for appointment to the
           Lagmand Radet.
        2.1.1 Qualifications for the Lagmand Radet are listed in Article III,
                Section 2 of the Fundamental Laws of Wintreath
      2.2 After the regular Underhusen election has ended and the
           Underhusen has selected a Speaker, the Underhusen will review the
           list of applicants and approve or deny qualifying applications.
        2.2.1 Applications require a majority vote of the Underhusen to be
                approved.
        2.2.2 After the Underhusen has completed reviewing applications, the
                list of applicants will be sent to the Overhusen for confirmation.

    3. Acceptance of Cases
      3.1 Citizens may petition the Storting for investigation or examination
           into possible violations of law.  The Storting must make a good
           faith examination of every petition presented to it.
        3.1.1 An examination shall consist of a presentation of evidence to
                the Storting, a questioning of the citizen filing the case by the
                Speaker, and a vote of the Underhusen.
        3.1.2 For a case to be accepted, a majority vote of the Underhusen
                is necessary.

    4. Selection of Langman for Trial
      4.1 The Monarch shall select Langmen from the Lagmand Radet using
            the Zaphyr IRC Client's random number generator, or a similar
            random number generator, when a case is accepted.

    5. Trial Procedure
      5.1 Criminal Trials
        5.1.1 The Monarch/Langmen presiding shall appoint one Skrifa or Peer
                to represent the victim and one Skrifa or Peer to represent the
                defendant before any testimony or evidence is presented at
                trial.
          5.1.1.1 Counsel shall be responsible for providing earnest, dilligent,
                    and competent representation to their client(s).
        5.1.2 Criminal trials shall consist of three phases:
    • Presentation of evidence
    • Presentation of defense
    • Judges Inquiry and Verdict.
              The President Judge shall have the authority to conduct the trial
              according to these guidelines.
        5.1.3 Appeals of criminal trials shall be heard by a panel of at least 2
                Lagmen who were not selected to preside over the trial in
                question.  Appeals can only argue a mistake or miscarriage of
                law or procedure, not questions of fact.
        5.2 Constitutional Trials
           5.2.1 Suspected violations of the Fundamental Law of Wintreath or
                   its Amendments shall be heard by a panel of three Lagmen,
                   with the Speaker of the Underhusen arguing for the victim
                   and the Chairman of the Overhusen arguing for the
                   government of Wintreath or the accused person.
          5.2.2 The Speaker and Chairman shall argue differing interpretations
                  of the Fundamental Law or Amendment in question, and will
                  present their interpretation to the Langmen.
          5.2.3 The Langmen's verdict will establish precedent until
                  overturned by appeal or later ruling.
          5.2.4 Appeals of constitutional cases will be heard by the Monarch,
                  who shall consider any and all arguments deemed necessary.

    6. Dismissal of Lagmen
      6.1 Any citizen may submit a petition for removal of Lagmen to the
           Storting, at which time the Speaker of the Underhusen will present
           it for voting.
      6.2 Petitions for the removal of a Lagmen require a majority vote to
           advance to the Overhusen.
    edit: Fixed Spoiler Code
    « Last Edit: November 30, 2014, 02:58:09 AM by Chanku »
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Chanku
  • Citizen
  • Edit Oops
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Govindia
  • Former Citizen
  • I prepared this rough draft after reading Wintermoot's judicial amendment closely and realizing the number of things it assigns the Storting to complete.  I'm hoping this can solve a lot of the justice reform issues we've all been itching to tackle.  I understand this is likely something that will persist into the next Storting, so I authorize future skrifa to introduce this bill into any session of the Underhusen once it reaches a state of completion.

    Note: I use language from Wintermoot's proposed judicial amendment, however, in the event it doesn't pass, it can easily be removed or amended.  While it was created as a response to WM's amendment, this act need not perish if the amendment does.

    Quote
    Omnibus Judicial Procedure Act

    1. Title
    1.1 This act shall be cited as the Omnibus Judicial Procedure Act
    2. Approval of Lagmen
    2.1 At the time of each regular Underhusen election, qualified citizens shall have the opportunity to stand for appointment to the Lagmand Radet.
    2.1.1 Qualifications for the Lagmand Radet are listed in Article III, Section 2 of the Fundamental Laws of Wintreath
    2.2 After the regular Underhusen election has ended and the Underhusen has selected a Speaker, the Underhusen will review the list of applicants and approve or deny qualifying applications.
    2.2.1 Applications require a majority vote of the Underhusen to be approved.
    2.2.2 After the Underhusen has completed reviewing applications, the list of applicants will be sent to the Overhusen for confirmation.
    3. Acceptance of Cases
    3.1 Citizens may petition the Storting for investigation or examination into possible violations of law.  The Storting must make a good faith examination of every petition presented to it. 
    3.1.1 An examination shall consist of a presentation of evidence to the Storting, a questioning of the citizen filing the case by the Speaker, and a vote of the Underhusen. 
    3.1.2 For a case to be accepted, a majority vote of the Underhusen is necessary.
    4. Selection of Langman for Trial
    4.1 The Monarch shall select Langmen from the Lagmand Radet using the Zaphyr IRC Client's random number generator, or a similar random number generator, when a case is accepted.
    5. Trial Procedure
    5.1 Criminal Trials
    5.1.1 The Monarch/Langmen presiding shall appoint one Skrifa or Peer to represent the victim and one Skrifa or Peer to represent the defendant before any testimony or evidence is presented at trial. 
    5.1.1.1 Counsel shall be responsible for providing earnest, dilligent, and competent representation to their client(s).
    5.1.2 Criminal trials shall consist of three phases: 1. PResentation of evidene 2. Presentation of defense 3. Judges Inquiry and Verdict.  The President Judge shall have the authority to conduct the trial according to these guidelines.
    5.1.3 Appeals of criminal trials shall be heard by a panel of at least 2 Lagmen who were not selected to preside over the trial in question.  Appeals can only argue a mistake or miscarriage of law or procedure, not questions of fact.
    5.2 Constitutional Trials
    5.2.1 Suspected violations of the Fundamental Law of Wintreath or its Amendments shall be heard by a panel of three Lagmen, with the Speaker of the Underhusen arguing for the victim and the Chairman of the Overhusen arguing for the government of Wintreath or the accused person.
    5.2.2 The Speaker and Chairman shall argue differing interpretations of the Fundamental Law or Amendment in question, and will present their interpretation to the Langmen.
    5.2.3 The Langmen's verdict will establish precedent until overturned by appeal or later ruling.
    5.2.4 Appeals of constitutional cases will be heard by the Monarch, who shall consider any and all arguments deemed necessary. 
    6. Dismissal of Lagmen
    6.1 Any citizen may submit a petition for removal of Lagmen to the Storting, at which time the Speaker of the Underhusen will present it for voting.
    6.2 Petitions for the removal of a Lagmen require a majority vote to advance to the Overhusen.
    I'm not sure why this bill was written when we have the reintroduced Administration of Justice Act?   

    Sent from my Samsung Galaxy S4 via Tapatalk

    Democratic Republic of South Nivogal
    Citizenship Granted 24 Dec. 2013!

    ------------------------------------------------
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    Govindia
    • Posts: 5,608
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    Chanku
  • Citizen
  • Gov it's because of the Authorization of Justice Act...it's essentially a Judicial Offices Act rewritten with forced appointments....
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
     
    Pages: [1]