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Judicial Offices Omnibus Amendment Act
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Chanku
  • Citizen
  • Quote
    Title
    1. This shall be titled the Judicial Offices Omnibus Amendment Act

    Amendments
    2. The entire Judicial Offices Act is to be amended to read as follows:
    Quote
    1a. Title
      1.1 This Act shall be cited as the "Judicial Offices Act".
    1b. Purpose
      1.2 The purpose of this Act is to create the offices of the Judiciary
           and outline due process.

    2. The Offices of the Judiciary
      2.1 In accordance with Section 3 (parts 1 and 2) of the Fundamental
           Laws of Wintreath, upon acceptance of a case by the Storting, the
           Monarch will select a Peer from the Overhusen and two Skifra from
           the Underhusen. The Peer will serve the duration of the trial (or 1
           month) as Chief Justice, and the Skifra will serve the duration of
           the trial (or 1 month) as Associate Judges.

      2.2 The term of a judicial appointment lasts either the length of a case
           or a duration of 1 month from appointment, whichever comes first.
           At the end of the 1 month period, if the case is still being heard, it
           falls to the Monarch to reappoint members of the Storting to the
           Judiciary, or to the Speaker of the Undehusen and the Chairman of
           the Overhusen in the case of Monarchical absence.

      2.3 A Peer or a Skifra of the Storting may not hold more than one
           judicial position at any one time if the combined number of
           members from both houses exceeds 14. If the combined number of
           members from both houses is less than 14, a Peer of Skifra may
           hold two judicial positions at any one time.

    3. Powers of the Judiciary
      3.1 The Plaintiff may call up to three witnesses on a given day to
           provide evidence on a case. A defendant can also request up to 3
           witnesses in their defense on a given day.

      3.2 After all evidence is heard by the Court, the three Judges must
           discuss their verdict privately and inform no-one of the judgement
           until it is publicly announced by the Chief Justice.

      3.3 A Court can return a NOT GUILTY, a GUILTY or a
           RECOMMENDATION verdict.
             NOT GUILTY - The Court finds the defendant innocent of his/her
             charge or specific charges, if more than one is brought.
             
             GUILTY - The Court finds the defendant guilty of his/her charge
             or specific charges, if more than one is brought. The punishments
             for a GUILTY verdict are to be drawn from the Code of Criminal
             Law Act upon its passage.

             RECOMMENDATION - The Court finds the defendant either
             innocent or guilty but recommends special provisions be made
             that fall outside of the remit of the Code of Criminal Law Act. It is
             up to the Monarch to decide whether to implement these
             recommendations. A case can therefore have an INNOCENT -
             RECOMMENDATION verdict and a GUILTY - RECOMMENDATION
             verdict.


    4. Due Process
      4.1 When a Court is formed and a case brought before it, a topic must
            be created with the title laid out as follows by the Chief Justice:
           [CASE NUMBER]-[DEFENDANT NAME] v. [PLAINTIFF NAME
           ]-[CHIEF JUSTICE]/[DATE]

           The first post must then outline the name and charge of the
           defendant, the name of the Prosecution, the name of the Chief
           Justice and the names of the Associate Judges. This post should
           be updated to list witnesses called and by whom.

      4.2 Only the Court Officials (Chief Justice and the Associate Judges),
           the defendant, the plaintiff and any witness called may post
           within the thread. Uninvolved citizens may observe the proceedings
           but cannot comment.

      4.3 During the first 12 hours of a trial either the defendant or the
           plaintiff may motion to dismiss, with the judges privately voting
           on it and the Chief Justice posting the decision, should the vote be
           successful then the Case shall be dismissed. Otherwise the case
           shall continue as normal.

      4.4 During the proceedings, the plaintiff or defendant, whom ever
           called the  witness, must pose their questions within the same post
           they summon that witness. A witness then has one post to provide
           their responses to the questions put to them. At any time, a Court
           Official, the Plaintiff, or the Defendant may post a question(s)
           for the defendant so long as no other questions for the defendant
           are unanswered and so long as no witness has questions left to
           answer.

      4.5 Once the Court feels it has enough evidence to reach a verdict,
           the Chief Justice must post to inform the public that the Officials
           are withdrawing to debate their verdict. From this point on, no-one
           is allowed to post in the thread until the next post by the Chief
           Justice announcing a verdict.

      4.6 The Chief Justice will then post the verdict in the thread and lock
           it once he/she has done so. The verdict should go through charge
           by charge and provide guilty/not guilty/recommendations for each
           individual charge the defendant is in court for. Punishments will be
           assigned for each individual charge and enacted upon as soon as
           the verdict is posted.

      4.7 If the Chief Justice and his Associate Judges feel more than 3
           witnesses are required per day, they may argue the Monarch to
           raise the limit for the duration of a specific court case.

      4.8 If the two parties has reached a settlement they must announce
           to the court that they have done so, afterwards the justices shall
           discuss and debate whether or not the court will accept the
           settlement, should the court not accept it then the trial shall
           continue. 

      4.9 During the case the Justices may privately meet and dismiss the
           case, if they dismiss the case without prejudice then the
           Prosecution shall be allowed to amend their case and seek retrial,
           otherwise if it is dismissed with prejudice then the case shall never
           be retried unless the monarch invokes a recall.
        4.9.1 With Prejudice shall be allowed only if Proprietorial Misconduct
                occurs or a Harmful error occurs. Furthermore the acceptance
                of a settlement by the case shall be Dismissed With Prejudice
        4.9.2 Without Prejudice shall be allowed if there were filling issues,
                procedural issues, or if the Prosecution wishes to revise their
                claims by a motion to dismiss.

    5. Recall and Appeal
      5.1 The Monarch has the Right of Recall. If after a one week period
           has passed since a verdict was decided the Monarch wishes for a
           retrial, he/she may summon a new Court to hear the case again.

      5.2 A defendant, if found guilty, may Appeal his/her case after 2 weeks
           have passed since a verdict was decided. To do so, a defendant must speak directly with the Monarch and gain his/her approval.

    6. Compliance with previous and future law
      6.1 Upon passage of the legislation, the Judicial Offices Act will enforce
           Section 3 [clause 1 and 2] of the Fundamental Laws.

      6.2 Upon passage of the legislation, the Underhusen is required to
           present a Code of Criminal Law Act within the next term. At such a
           point, Section 3 Clause 3 of this Act regarding punishments for
           GUILTY verdicts is to be amended.       
    Alright so this changes a few things, a few minor changes (ex: changed speaker of the Overhusen to the Chairman), and I also changed the role of the judges, removing their ability to call witnesses and removing the fact that the person who brought on the case could not actually make their case. As such I changed the layout for the cases as well.

    Edit: I changed Prosecution to Plaintiff as it better fits with what the Judicial system is designed to do.
    « Last Edit: February 16, 2015, 05:34:43 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
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    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
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    Chanku
    Joshua Bluteisen
  • Former Citizen
  • Evil Imperialist Overlord
  • We don't need a judiciary at all. I'm against any bill advocating for one or attempting amend our extant one short of abolition.
    Vizier of the Osiris Fraternal Order
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    <Zeorus> some of us have the privilege of being dumb ;_;
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    Joshua Bluteisen
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    Chanku
  • Citizen
  • We do need a judiciary which is why we have one. However we need to make our current system work at least for the time being.
    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
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    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Reon
  • Former Citizen
  • I agree with Joshua, here... I'm against this...

    Also the argument we need it because we have it is literally the worst argument possible...
    If in doubt, use it for genocide.
    Face the facts of being what you are, for that is what changes what you are.
    Reon
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    Chanku
  • Citizen
  • Here's the thing though is that it's necessary for any government to be able to work on it's citizens and since abolishment will never happen, and reform will probably never happen we need to make our current system work. Otherwise when we do need it, it won't work.
    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
    Reon
  • Former Citizen
  • Why will abolishment never happen?
    Face the facts of being what you are, for that is what changes what you are.
    Reon
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    Chanku
  • Citizen
  • Because I am sure that Wintermoot will not allow it.
    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
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    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Reon
  • Former Citizen
  • Wintermoot has already said that he would allow it. That has already happened. We already had that discussion.
    Face the facts of being what you are, for that is what changes what you are.
    Reon
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    Chanku
  • Citizen
  • I've discussed with him as well and he himself doubts that it will ever get that far and from my discussions it seems like he will not allow it.
    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
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    Overhusen Terms I've been a part of
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    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Chanku
  • Citizen
  • Besides why stonewall efforts to fix our current system? I don't see you proposing anything.
    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
    Reon
  • Former Citizen
  • I just have no interest in fixing something that is both broken and useless... It seems like a grand waste of time.
    Face the facts of being what you are, for that is what changes what you are.
    Reon
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    Wintermoot
  • Regional Stability Squad
  • The Greyscale Magi-Monk
  • To clarify Chanku's comments, I doubt that any judicial reform proposal will pass the Storting and a referendum to land on my desk to begin with. :P


    I went all the way to Cassadega to commune with the dead
    They said "You'd better look alive"
    Wintermoot
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    Chanku
  • Citizen
  • I just have no interest in fixing something that is both broken and useless... It seems like a grand waste of time.
    Well we aren't going to get rid of it so might as well make it work in the meantime.
    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
    Joshua Bluteisen
  • Former Citizen
  • Evil Imperialist Overlord
  • I just have no interest in fixing something that is both broken and useless... It seems like a grand waste of time.
    Well we aren't going to get rid of it so might as well make it work in the meantime.

    Blanket statements aren't a good idea. It's broken and useless; this bill changes neither of those.

    Vizier of the Osiris Fraternal Order
    Red Guard of the New Galactic Empire
    House Bluteisen -- Blood and Iron
    Axis of Evil on EsperNet & SwiftIRC || ygfbv on ColdFront
    <Zeorus> because we're not all smart like you, Axis
    <Zeorus> some of us have the privilege of being dumb ;_;
    Current NS positions and honours
    Patriarch of House Bluteisen
    Owner of the New Galactic Empire forum
    Osiran Atef
    Pharaoh-Emeritus of the Osiris Fraternal Order
    Legionnaire of the Sekhmet Legion (Inactive due to WA immobility)
    Red Guard of the New Galactic Empire
    Holder of the Scale of Ma'at
    Holder of the Seal of Vigilance
    Former NS positions
    Medjai Guardsman
    Vizier of the Osiris Fraternal Order
    Marshal General of the Sekhmet Legion
    Admin of the Osiris Fraternal Order
    Sepatarch of the 7th Sepatarchy of the Kemetic Republic of Osiris
    Acting-Pharaoh of the Osiris Fraternal Order
    Joshua Bluteisen
    • Evil Imperialist Overlord
    • Posts: 236
    • Karma: 57
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    Chanku
  • Citizen
  • It's like putting duct-tape on a broken cup...it's still broken but it's a little less...
    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
     
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