Minister of Domestic Affairs Prosecution Amendment

Section 3.1: Temporary Justices and Prosecutors

2.     A conflict of interest occurs when an official tasked with hearing or prosecuting a case has a vested interest in its outcome, or cannot decide or prosecute the case in a fair or unbiased way.

3.     Any officials tasked with hearing or prosecuting a case who have a conflict of interest must recuse themselves from the case.

4.     A Temporary Justice is a citizen who does not have a conflict of interest who is appointed by the Delegate and Speaker to preside over a case where all other officials tasked with hearing a case cannot.

5.      A Temporary Prosecutor is a citizen who does not have a conflict of interest and is appointed by the Delegate and Speaker to prosecute a case where the Minister of Domestic Affairs cannot.

6.     The Delegate and Speaker must appoint a Temporary Justice or Temporary Prosecutor if at the time a case is started the normal officials tasked with carrying out the duties of the trial are Minister of Domestic Affairs is conflicted out or are otherwise unable to perform their duties.

7.      Any officials who are If the Minister of Domestic Affairs, a Temporary Prosecutor, or a Temporary Justice is unable to perform their duties in Court for any reason other than conflict of interest during the case, they may request the designation of a Temporary Justice or Temporary Prosecutor or Justice. Once such designation is made, the official being replaced may not continue to be involved in the case

8.     If the Delegate or the Speaker is conflicted out or unable to designate a Temporary Prosecutor, the official who is available or not conflicted out will serve as the Temporary Prosecutor.

9.     If both the Delegate and the Speaker are conflicted out or unable to designate a Temporary Prosecutor, the remaining ministers will make the designation. If all ministers are conflicted out or unable to designate a Temporary Prosecutor, Parliament will make a designation.

Section 3.2: Criminal Trial Procedure

10.     The Chief Justice will establish a standard procedure for all criminal trials, in accordance with law.

11.     All criminal charges will be filed by the Minister of Domestic Affairs or Temporary Prosecutor in the form of a public indictment.

12.     Any citizen may submit a criminal complaint to the Minister of Domestic Affairs and request that a criminal case be brought before the Court.

13.     The Minister of Domestic Affairs may accept the complaint and file an indictment on behalf of a citizen or request that a Temporary Prosecutor be assigned to argue the case.

14.     In the event the Minister of Domestic Affairs declines to file an indictment requested by a citizen, the citizen may submit an indictment directly to the Court, or withdraw the complaint.

15.     If the Court accepts the indictment, a Temporary Prosecutor must be appointed to argue the case.

16.     The Chief Justice or other official tasked with hearing the case must promptly create a trial thread in the Forum when the indictment is accepted.

17.     The Defendant must be provided adequate notice and time to respond to summons by the Court, which must be transmitted promptly and with every effort to guarantee the Defendant is aware of them.

18.     The Chief Justice or other official tasked with hearing the case will coordinate an appropriate and reasonable time table for the trial. This time table may be altered during the trial as needed to ensure the trial remains fair.

19.     The Defendant may select a citizen or themself to represent them in the trial, and enter a plea. If neither of these things is done in the time agreed upon by the parties, the Court will enter a plea of not guilty and appoint counsel for the Defendant.

20.     The Defendant may replace their counsel at any time, including by choosing to represent themself.

21.     Evidence will be presented by both the prosecution and defense in the time agreed upon by both parties, and both sides of the case will be provided an opportunity to object and file motions with the Court.

22.     After all evidence is submitted and pending motions and objections finished, the prosecution and defense will argue their respective cases in the time agreed upon by both parties, and be afforded an opportunity to respond to the arguments made by opposing counsel.

23.     When all arguments have been made and all pending motions finished, the Court will determine a verdict. If a guilty verdict is rendered, the prosecution and defense will have a chance to recommend sentencing.

24.     The Defendant and any official who must carry out the sentence must be notified of the verdict by the Chief Justice or other official tasked with hearing the case.

25.     The prosecution or defense may appeal the verdict as provided by law.

26.     The prosecution or defense may request the recusal of the Chief Justice or official tasked with hearing the case at any time. The Guardian will review the recusal request and may order the recusal, unless they are the official hearing the case or unable to review the request.

27.     If the Guardian is unable to review the request for recusal or is the official tasked with hearing the case, the Delegate and Speaker will review the request and may order the recusal.

28.     If a Temporary Justice tasked with hearing the case is ordered to recuse themself, a new Temporary Justice will be appointed to replace them, unless the Chief Justice or Guardian were not previously conflicted out or recused themselves from the case, in which case the Chief Justice or the Guardian, in that order, should take over the case