Post by Ghostopolis on Jul 11, 2018 1:12:31 GMT
COURT PROCEDURE AMENDMENT
A Regional Code amendment establishing a standard procedure for civil trials and amending the circumstances of temporary judicial officers.
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 aTemporary 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.
Subsequent clauses will be renumbered accordingly
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
7.
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.
Subsequent clauses will be renumbered accordingly
2. Sections 3.4 through 3.7 of the Regional Code shall read:
Section 3.4: Civil Trial Procedure
30. The Chief Justice will establish a standard procedure for all civil trials, in accordance with law.
31. Citizens may file a complaint with the Court for declaratory judgment or injunctive relief, provided they have standing in the case.
32. The Chief Justice or other official tasked with hearing the case must promptly create a trial thread in the Forum when the petition is accepted.
33. 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.
34. 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.
35. Both parties may select a citizen or themselves to represent them in the trial. If this is not done in the time agreed upon by the parties, the Court will appoint counsel.
36. Both parties may replace their counsel at any time, including by choosing to represent themselves.
37. Evidence will be presented by each side in the time agreed upon by both parties, and each side of the case will be provided an opportunity to object and file motions with the Court.
38. After all evidence is submitted and pending motions and objections finished, each side 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.
39. When all arguments have been made and all pending motions finished, the Court will determine a remedy.
40. In the case of declaratory judgment, each side will have a chance to recommend remedy.
41. The Defendant and any official who must carry out the sentence must be notified of the judgment by the Chief Justice or other official tasked with hearing the case.
42. In the case of injunctive relief, any activity related to the action(s) must cease immediately or as soon as practicable.
43. Each side may appeal the remedy as provided by law.
44. Each side 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.
45. 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.
46. 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.
Section 3.5: Judicial Review
47. Any citizen may request that the Court review an existing government policy or law or issue an advisory opinion on a potential government policy or law.
48. The Chief Justice may agree or decline to review the government policy or law or issue an advisory opinion when requested.
49. If the Chief Justice agrees to review a government policy or law or issue an advisory opinion, citizens may submit briefs advocating for a decision or offering information to assist in the review for at least five days after the Chief Justice confirms the review will take place. The Chief Justice may extend the brief submission period at their discretion.
Section 3.6: Appeals
50. Appeals to Court verdicts or the conclusions of reviews of government policies or laws may be made in the event substantial new evidence becomes available that was not previously considered by the Court, a law upon which the decision was based changes retrospectively, a procedural error significantly affecting the outcome of the case was made, or it can be determined that the official tasked with hearing the case had a conflict of interest.
51. If the Chief Justice heard the case or reviewed a government policy or law, the Guardian will hear the appeal, unless they have a conflict of interest or are unable to hear the appeal. In that case, a Temporary Justice will hear the appeal.
52. If the Guardian heard the case or reviewed a government policy or law, and the Chief Justice was conflicted out, a Temporary Justice will hear the appeal. If the Chief Justice was not previously conflicted out or recused themself from the case, they will hear the appeal.
53. If a Temporary Justice heard the case or reviewed a government policy or law, and the Chief Justice and Guardian were conflicted out, another Temporary Justice will be appointed to hear the case. If the Chief Justice or Guardian were not previously conflicted out or recused themselves from the case, the Chief Justice or the Guardian, in that order, will hear the appeal.
54. The appeal, once heard and a verdict rendered, is final.
Section 3.7: Vacancy
55. When there is a vacancy or absence in the office of the Chief Justice, the Guardian will carry out the duties of the office for the duration of the vacancy or absence.
30. The Chief Justice will establish a standard procedure for all civil trials, in accordance with law.
31. Citizens may file a complaint with the Court for declaratory judgment or injunctive relief, provided they have standing in the case.
32. The Chief Justice or other official tasked with hearing the case must promptly create a trial thread in the Forum when the petition is accepted.
33. 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.
34. 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.
35. Both parties may select a citizen or themselves to represent them in the trial. If this is not done in the time agreed upon by the parties, the Court will appoint counsel.
36. Both parties may replace their counsel at any time, including by choosing to represent themselves.
37. Evidence will be presented by each side in the time agreed upon by both parties, and each side of the case will be provided an opportunity to object and file motions with the Court.
38. After all evidence is submitted and pending motions and objections finished, each side 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.
39. When all arguments have been made and all pending motions finished, the Court will determine a remedy.
40. In the case of declaratory judgment, each side will have a chance to recommend remedy.
41. The Defendant and any official who must carry out the sentence must be notified of the judgment by the Chief Justice or other official tasked with hearing the case.
42. In the case of injunctive relief, any activity related to the action(s) must cease immediately or as soon as practicable.
43. Each side may appeal the remedy as provided by law.
44. Each side 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.
45. 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.
46. 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.
Section 3.5: Judicial Review
47. Any citizen may request that the Court review an existing government policy or law or issue an advisory opinion on a potential government policy or law.
48. The Chief Justice may agree or decline to review the government policy or law or issue an advisory opinion when requested.
49. If the Chief Justice agrees to review a government policy or law or issue an advisory opinion, citizens may submit briefs advocating for a decision or offering information to assist in the review for at least five days after the Chief Justice confirms the review will take place. The Chief Justice may extend the brief submission period at their discretion.
Section 3.6: Appeals
50. Appeals to Court verdicts or the conclusions of reviews of government policies or laws may be made in the event substantial new evidence becomes available that was not previously considered by the Court, a law upon which the decision was based changes retrospectively, a procedural error significantly affecting the outcome of the case was made, or it can be determined that the official tasked with hearing the case had a conflict of interest.
51. If the Chief Justice heard the case or reviewed a government policy or law, the Guardian will hear the appeal, unless they have a conflict of interest or are unable to hear the appeal. In that case, a Temporary Justice will hear the appeal.
52. If the Guardian heard the case or reviewed a government policy or law, and the Chief Justice was conflicted out, a Temporary Justice will hear the appeal. If the Chief Justice was not previously conflicted out or recused themself from the case, they will hear the appeal.
53. If a Temporary Justice heard the case or reviewed a government policy or law, and the Chief Justice and Guardian were conflicted out, another Temporary Justice will be appointed to hear the case. If the Chief Justice or Guardian were not previously conflicted out or recused themselves from the case, the Chief Justice or the Guardian, in that order, will hear the appeal.
54. The appeal, once heard and a verdict rendered, is final.
Section 3.7: Vacancy
55. When there is a vacancy or absence in the office of the Chief Justice, the Guardian will carry out the duties of the office for the duration of the vacancy or absence.
Discussion began on Wednesday, July 11th and shall end on Saturday, July 14, 2018.
