Pages: [1]

CLOSED(5-0-0-0): Judicial Offices Act
Posts: 8 Views: 1010

Dawsinian
  • Former Citizen
  • 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 Speaker 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 Any Judge 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 defence 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][CHIEF JUSTICE][DATE]
    The first post must then outline the name and charge of the defendant, 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 and any witness called may post within the thread. Uninvolved citizens may observe the proceedings but cannot comment.

    4.3 During the proceedings, a Court Official who calls a 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 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.

    4.4 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.

    4.5 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.

    4.6 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.

    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.

    Skrifa may vote Aye, Nay, or Abstain.
    « Last Edit: February 13, 2014, 11:51:57 PM by Denth Rowan »
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Chanku
  • Citizen
  • Aye
    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
    Dawsinian
  • Former Citizen
  • Aye.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Weissreich
  • Paragons
  • Duke of Wintreath
  • Aye.
    Duke Klause Edíl-Astos Meindhert
    Archivist Academic


    "Not all those who wander are lost."
    Weissreich
    • Duke of Wintreath
    • Posts: 1,690
    • Karma: 805
    • Paragons
    • Pronouns
      He/Him/His
      Familial House
      Meindhert
      Wintreath Nation
      Logged
    Drexyl Nox
  • Citizen
  • Official Unofficial Wintreath Mascot
  • Aye
    Drexyl Nox
    • Official Unofficial Wintreath Mascot
    • Posts: 1,468
    • Karma: 222
    • Axolotl Friend
    • Citizen
    • Pronouns
      She/Her/Hers
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • On the matter of the "Judicial Offices Act", the Chair finds that it has achieved the required amount of votes to pass the Underhusen. The Chair will keep the thread open for the remaining Skrifa to place his vote.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Omega
  • Former Citizen
  • Vidarr Braighart Kasten
  • Aye.
    Vidarr Braighart Kasten
    Alterra - Vidarr - Delta
    President of Wintreath and Spiritus (disputed, aka Government in Exile)

    <+IH> There needs to be some constant to life that we can hold onto, something extremely difficult to find if we are constantly on the move.
    <@Vidarr> I hold onto the constant of change
    <+IH> How delightfully paradoxical.

    <@IH> Omega also suits you, it’s the symbol for electrical resistance.
    <@Delta> Are you saying I'm slow? :P
    <@IH> You were a component (see what I did there?) of the resistance in Wintreath, were you not?

    NS History
    Omega
    • Vidarr Braighart Kasten
    • Posts: 904
    • Karma: 81
    • Lone Flame of Thalba, Stormchaser of Tlaloc, White Rider of Erid
    • Former Citizen
    • Pronouns
      He/Him/His
      Familial House
      Kasten
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • With Five Votes for, and none against, the vote passes.


    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
     
    Pages: [1]