Bill: Draft Impeachment Clarification Act

[EATB]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

PROTECT THE IMPEACHMENT PROCESS IN THE MODERN DAY




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the ‘Impeachment Clarification Act’

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Vice President _GreyMC.

(4) This Act has been co-sponsored by Representative rhein_FM and Senator TrueDarklander.

(5) This Act amends the following acts:
(a) Impeachment Act
(b) Standing Orders of the 41st Senate
(c) Standing Orders for the 41st House of Representatives
(d) Criminal Code Act
(e) Federal Reserve Act

2. Reasons and Intent

(1) The impeachment trial involving Dartanboy revealed many flaws with the Impeachment Act. What if neither the Senate nor House wants to continue? What if the “impartial presiding officer” set by the office has a bias?

(2) This Act changes that. The process for Impeachment is completely re-done and introduces a new set of motions. The House may motion to nolle prosequi the case at any time.

(3) This Act also solves the problem of trying to figure out who should be notified of an impeachment, by giving a direct list of who to notify for each punishment.

(4) This now also allows a Defendant to plea guilty, causing the trial to move to a sentencing phase. The Senate still will require a supermajority to convict for it.

(5) This Act also allows impeachment for BAR Councillors.& cleans up impeachment for FRB Members.

PART II — AMENDMENTS

3. Impeachment Act

(1) Impeachment Act §4 shall be amended as follows:

4 - Process
(1) The President of the Senate shall call upon an impartial presiding officer for the impeachment trial.
(a) In cases involving the impeachment of an Executive officeholder, the impartial presiding officer shall be the Chief Justice of the Commonwealth of Redmont.
(b) In cases involving the impeachment of a Judicial officeholder, the impartial presiding officer shall be the Vice President of the Commonwealth of Redmont.
(2) The Presiding officer of the trial, Senators, Defendant, and Prosecutor(s) must reach a consensus regarding the location, timeline, and other pertinent details of the impeachment trial.
(a) In the event that an agreement cannot be reached or if the agreed-upon terms are breached, the Senate may, through a supermajority vote, compel all parties to adhere to a specific location, time, and other trial-related matters.
(3) There shall be an ordered process for the impeachment trial. The trial’s presiding officer will be responsible for following this process but will be allowed to make reasonable modifications and impose deadlines as needed. Such modifications and deadlines may be overruled by a simple majority vote from the Senate. The order of events for the Impeachment trial shall be:
(a) Opening statement by the Prosecutor
(b) Opening statement by the Defendant
(c) Direct and cross-examination of witnesses & presentation of evidence.
(d) Questioning by Senators
(e) Closing statement by the Defendant
(f) Closing statement by the Prosecutor
(g) Following the conclusion of the trial, the Senate shall deliberate and conduct a final vote on the charges to either convict or acquit the defendant, requiring a supermajority for conviction. Senators may interject at any point during the trial to seek clarifications or additional information, provided it does not disrupt the proceedings.
(4) The Senate may summon an expert witness by a simple majority vote within the chamber.

4. Articles of Impeachment
(1) The House of Representatives shall, at any time, submit article(s) of impeachment against an government official or ex-government official, to the Senate with a supermajority vote.
(a) The article(s) of impeachment may not be laid out on any current Representative or Senator. Should a Representative or Senator leave office by any means, they may then have article(s) of impeachment laid against them.
(2) The article(s) of impeachment must specify a specific individual, and what Constitutional provision the individual violated.
(3) Article(s) of impeachment may not be brought against an individual who has not held their position for more than 2 months.
(4) The article(s) of impeachment should also specify a prosecutor for the trial. If no prosecutor is specified, it shall default to the Representative who proposed the article(s).
(5) Upon passage of the article(s) of impeachment, the Presiding Officer of the House shall notify the Presiding Officer of the Senate of its passage.

(2) Impeachment Act §5 shall be amended as follows:

5 - Defining Impeachment
(1) Under “Defining Key Terms” adds the definition of “Impeachment” defined as:
“Impeachment is a constitutional remedy to address serious constitutional offences. The House will lay charges against an official or an ex-official, specifying what constitutional provisions were violated. Any impeached official or ex-official will be subject to a trial that will be conducted by the Senate. If found guilty of any alleged constitutional offence by the Senate, the official or ex-official in question may be subject to:
- Immediate removal from office.
- Ban from elected office for a period of no longer than 2 months.
- Ban from judicial office for a period of no longer than 2 months.
- Ban from executive office for a period of no longer than 2 months.”
(2) The legislature's ability to file articles of impeachment or conduct Impeachment trials shall not be limited, obstructed, or interfered with by any other branch until after a verdict is met.

5. Commencement of the Trial
(1) Upon notification of the passage of the article(s) of impeachment, the Presiding Officer of the Senate shall have 72 hours to put up the impeachment trial.
(a) Should the Senate be dissolved at such time, the impeachment trial should be put up no later than 72 hours after the President of the Senate is elected.
(2) Upon posting of the impeachment trial, the Presiding Officer of the Senate shall immediately summon an impartial presiding officer to preside over the trial.
(a) The impartial presiding officer shall be the Chief Justice of the Supreme Court of Redmont.
(b) If the Chief Justice has an actual or perceived conflict of interest in the trial, they shall immediately recuse themselves, and the next Justice who has served the most time in the Supreme Court should become the presiding officer of the trial.
(c) Should that Justice have an actual or perceived conflict of interest, they shall recuse themselves, and the final Justice shall become the presiding officer of the trial.
(d) If that Justice also has an actual or perceived conflict of interest, the President of the Senate shall become the presiding officer of the trial.
(e) If the President of the Senate also has a conflict of interest, they should recuse themselves, and the Senate will, with a supermajority, appoint a new impartial presiding officer.
(3) When a presiding officer is determined, the Defendant and Prosecutor should also be summoned by the presiding officer and commanded to appear within 72 hours. Failure to show up in time can result in a Contempt of Congress charge.
(4) Should the Defendant fail to show up, a Public Defender should be called for the Defense.

(3) Impeachment Act §6 shall be amended as follows:

6 - House of Representatives
(1) Any Representative may, at any time, submit article(s) of impeachment, which shall consist of a comprehensive statement of charges against an officeholder within, or formally within, the Executive or Judicial Branches.
(2) The Speaker of the House is obligated to bring the article(s) of impeachment to a vote in the House of Representatives.
(a) Article(s) of impeachment require a supermajority vote for passage.
(3) Pursuant to the passage of the article(s) of Impeachment, the Representative who proposed the article(s), will by default, serve as the prosecutor of the impeachment trial, presenting their case in favor of impeachment.
(a) There must be a minimum of one prosecutor at all times throughout the impeachment trial.
(b) The House of Representatives may, by a simple majority vote, motion for the addition or removal of any prosecutor(s).
(4) Upon the passage of the article(s) of impeachment, the Speaker of the House will officially notify the President of the Senate regarding the passage of said article(s) and provide the content thereof.

6. Rules & Procedures
(1) The presiding officer is vested with the power to issue Contempt of Congress charges on any individual within the trial during the proceeding.
(2) Any party may action an objection against a witness or the opposing party’s actions pursuant to the Objections Guide.
(3) There shall be a set list of motions that a party may make to the Court, those being:
(a) Motion to Nolle Prosequi. At any time, the Prosecutor may advise the House on a motion to nolle prosequi. Upon passage of a motion to nolle prosequi by the House with a simple majority, it shall be submitted to the Court. A motion to nolle prosequi seeks to drop all charges against the Defendant, and must be approved by a simple majority of the Senate. If the motion is made before the end of opening statements, the trial is dismissed without prejudice, meaning the House may lay articles of impeachment against the Defendant again for the same reason. If it is made after opening statements, the trial is dismissed with prejudice, meaning the House may not lay articles of impeachment against the Defendant again for the same reason..
(b) Motion to Reconsider. Any party may submit a motion to reconsider the presiding officer’s decision. The motion is decided first by the presiding officer, then, if the motion is denied, the Senate may, with a supermajority, grant the motion to reconsider.
(c) Motion to Compel. Any party may, during discovery, request the presiding officer to order the opposing party to compel requested documents or information.
(d) Motion to Strike. Any party may request the Court to strike information from the record.
(e) Motion to Recuse. Any party may make a motion to recuse, requesting the presiding officer to recuse themselves from the case. The presiding officer may grant the motion, and recuse themselves, or deny it, causing the Senate to review the motion. The Senate may then grant the motion to recuse with a simple majority. Should a motion to recuse be granted, the new presiding officer shall follow the order created in §4(2).
(4) Senators may also interject at any point during the proceedings to seek clarifications or additional information, as long as it does not interrupt the proceedings.
(5) The Senate, at any time, may overrule a decision made by the presiding officer with a supermajority.
(6) There shall be an ordered process for the impeachment trial. The trial’s presiding officer will be responsible for following this process but will be allowed to make reasonable modifications and impose deadlines as needed. The order of events for the Impeachment trial shall be:
(a) Summons of Prosecutor and Defendant
(b) Discovery period & presentation of evidence
(c) Opening statement by the Prosecutor
(d) Opening statement by the Defendant
(e) Direct and cross-examination of witnesses
(f) Questioning by Senators
(g) Closing statement by the Defendant
(h) Closing statement by the Prosecutor
(7) The Defendant automatically inserts a plea of not guilty. Any time before the end of opening statements, the Defendant may change their plea to not guilty or no contest. Should this happen, the trial should move to a sentencing phase, where each party submits a brief on how they believe the Defendant should be punished.
(a) The Senate still requires a supermajority to convict the individual along with any punishment, and may still acquit the Defendant.
(8) The House, with a simple majority, may move to appoint or remove a Prosecutor in the impeachment trial.
(a) There is no limit on how many Prosecutors there may be, but there may not be less than 1 Prosecutor.
(8) The presiding officer, Senators, Defendant, and Prosecutor(s) must reach a consensus regarding the location, timeline, and other pertinent details of the impeachment trial.
(a) The Senate, with a supermajority vote, may compel all parties to adhere to a specific location, timeline, and other related matters.
(b) The impeachment trial may be in game, but it must be recorded, and the Prosecutor(s), Defendant, presiding officer, and at least 3 Senators must be able to attend.
(9) The Defendant may represent themselves, or seek counsel to defend them. They may also request the presiding officer to assign a Public Defender.
(10) The Senate may summon an expert witness to testify in the impeachment trial with a simple majority vote.
(11) The legislature's ability to file articles of impeachment or conduct Impeachment trials shall not be limited, obstructed, or interfered with by any other branch until after a verdict is met.

(4) Impeachment Act §7 shall be amended as follows:

7 - Constitutional Powers of the House of Representatives
(1) Can impeach government officials, and ex-government officials no more than 2 months after leaving office, if the actions that led to impeachment happened while in office.

7. Conclusion
(1) Upon the end of the trial, the Senate will vote to acquit the individual or convict them, specifying a punishment.
(2) The Senate, pursuant to the Constitution, may only issue the following punishments:
(a) Immediate removal from office;
(b) Ban from elected office for a period of no longer than 2 months;
(c) Ban from judicial office for a period of no longer than 2 months; and
(d) Ban from executive office for a period of no longer than 2 months.
(3) A motion to acquit the Defendant requires a supermajority of the Senate to vote nay, while a motion to convict the Defendant requires a supermajority of the Senate to vote aye. The Senate may make up to 2 motions to convict on an impeachment trial before the Defendant is automatically acquitted.
(4) Upon conclusion of the impeachment trial, defined as either the acquittal or conviction of the Defendant, the President of the Senate shall announce the result of the trial, along with any punishment the Defendant is given.
(5) The President of the Senate is also tasked with notifying the following individuals upon conviction of a Defendant:
(a) Chief Justice. The President of the Senate will notify the Chief Justice if the Defendant is convicted and has any punishment related to a ban from judicial office, or immediate removal from judicial office, so long as the Defendant is not the Chief Justice.
(b) President. The President of the Senate will notify the President if the Defendant is convicted and has any punishment related to a ban from executive office, or an immediate removal from executive office, so long as the Defendant is not the President or Vice President. The President should also be notified if the Defendant is the Chief Justice or an FRB member, and for any Defendant which receives a punishment that results in a ban from judicial office.
(c) Department of State. The President of the Senate will notify the Department of State if the Defendant is convicted and has any punishment related to a ban from elected office. Moreover, if the Defendant is a town official, a Bar Association of Redmont council member, the Vice President, or the President, the Department of State should be notified upon conviction.

(5) Impeachment Act §8 shall be amended as follows:

8 - Senate
(1) The Senate is responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Senate may appoint the President of the Senate to preside over impeachment trials if the President or Vice-President is the one under question. The Senate can only issue punishments to a verdict as specified within this constitution.
8 - Federal Reserve Board
(1) Federal Reserve Board Members may also be removed from through the impeachment process.
(2) A Federal Reserve Member may be impeached for breach of the constitution and the following:
(a) Abuse of power
(b) Serious negligence
(c) Corruption
(d) Serious incompetence
(e) Persistent inactivity
(f) Breach of the Federal Reserve Act
(3) Impeachment for FRB Members shall follow the same rules and regulations listed in this Act. The only allowed punishments, however, are as follows:
(a) Removal as a Board Member
(b) Suspension from the Board for up to 4 months
(4) If an FRB member is impeached and convicted for Constitutional offenses, they may also face punishments listed in §7(2).
(5) An FRB member may also be removed via majority vote , skipping impeachment, in both chambers if the member is inactive.
(a) Inactivity is determined by a failure to vote on 5 or more motions, policy, decisions, or resolutions during their term while not on a valid leave of absence or without an excuse from duty from the Senate with majority vote.
(6) Even more, the Senate may remove any FRB member with a majority, skipping the vote in the House and a trial, if the FRB has failed to publish a report required by law.
(a) This shall not happen if the FRB or an FRB member has been granted an excuse from duty by the Senate with majority vote.

(6) Impeachment Act §9 shall be amended as follows:

9 - Constitutional Powers of the Senate
(1) Responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Senate may appoint a presiding officer in accordance with the Impeachment Act.
9 - Bar Association of Redmont
(1) Bar Association of Redmont Councillors may also be removed from the impeachment process.
(2) A BAR Councillor may be impeached for breach of the constitution and the following:
(a) Abuse of power
(b) Serious negligence
(c) Corruption
(d) Serious incompetence
(e) Persistent inactivity
(f) Breach of the Bar Association of Redmont Act
(g) Breach of the ethical, legal, or professional standards of the BAR
(3) Impeachment for BAR Councillors shall follow the same rules and regulations for normal impeachment listed in this Act. The only allowed punishments, however, are as follows:
(a) Removal as BAR Councillor
(b) Ban from the BAR Council for a period of no longer than 2 months
(4) If a BAR Councillor is impeached and convicted for Constitutional offenses, they may also face punishments listed in §7(2).
(5) A BAR Councillor may also be removed through the methods listed in the Bar Association of Redmont Act.

(6) Impeachment Act §10 shall be inserted as follows:

10 - Town Impeachments
(1) Town officials may also be removed through the impeachment process.
(2) A town official may be impeached for breach of the federal constitution and the following:
(a) Abuse of power
(b) Serious negligence
(c) Corruption
(d) Serious incompetence
(e) Persistent inactivity
(3) Impeachment for town officials shall follow the same rules and regulations for normal impeachments listed in this Act. However, they may only be punished as follows:
(a) Removal as a town official
(b) Ban from town elected positions for a period of no longer than 2 months
(c) Ban from town executive positions for a period of no longer the 2 months
(4) Bans may apply to only the town the individual is an official of, or all towns.
(5) If the impeachment was for breach of the federal constitution, the individual may face punishments listed in §7(2).
(6) A town official may also be removed through the process outlined in each town's constitution and by-laws.

4. Standing Orders

(1) Standing Orders of the 41st Senate §11 shall be amended as follows:

11 - Compliance with the Impeachment Act
(1) Statutory Supremacy. The Senate shall conduct and operate in full compliance with the Impeachment Act. In any instance where these Standing Orders and the Impeachment Act conflict regarding the processing, management, or execution of an impeachment trial, the provisions of the Impeachment Act shall prevail.

(2) Presiding Officers. The Senate recognizes that during an impeachment trial, the standard presiding authority of the President of the Senate over the Impeachment trial shall be yielded to the impartial presiding officer designated by 4(1)§5(2) of the Impeachment Act, except in cases where the Senate specifically appoints the President of the Senate to preside over the Impeachment trial in accordance with §7(1) of the Impeachment Act. However, the Presiding Officer of the Senate, when the designated presiding officer cannot fairly remain unbiased due to any reasonable reason, may be appointed as the presiding officer of the impeachment trial with a simple majority vote by the Senate. Pursuant to §6(1) of the Impeachment Act, the presiding officer of the Impeachment trial may issue Contempt of Congress charges on behalf of the SenatForumse.
(a) The Senate may, in accordance with §6(5) of the Impeachment Act, overrule any decision made by the presiding officer of the Impeachment trial with a supermajority.

(3) Procedural Override. The debate, motion, and voting procedures outlined in §3 and §8 of these Standing Orders shall be suspended for the duration of an impeachment trial in favor of the ordered process established in §4(3) of the Impeachment Act.

(4) Voting Requirements. The Senate acknowledges and shall enforce the supermajority requirement for conviction as mandated by the Impeachment Act, exempting impeachment verdicts from the standard simple majority outlined in §3(2)(b) of these Standing Orders.

(5) Acquittal and Conviction. Upon the conclusion of an impeachment trial the Senate will have 7 days to make a decision on acquitting or convicting the individual. If the Senate does not have a motion to acquit or convict by the end of the 7 days, the individual is automatically acquitted. A motion to convict requires a supermajority in approval, and a motion to acquit only requires a vote of greater than one-third in approval.
(a) If the Senate is dissolved during the 7 day period, the deadline will be tolled until the vacant Senate seats are filled.
(b) If the motion to convict fails, the individual is not automatically acquitted.
(c) A motion to convict must also specify a punishment. Punishments are restricted to the listed punishments in §7(2)

(2) Standing Orders of the 41st House of Representatives §10 shall be implemented as follows:

10. Impeachment
(1) The House shall conduct and operate in full compliance with the Impeachment Act in any and all conduct involving impeachments.
(2) A Representative may not move to impeach an individual for charges they have already been acquitted for or for a charge that has been dismissed with prejudice.
(3) The House may appoint or remove Prosecutors for an Impeachment Trial with a simple majority.
(4) The House may vote to nolle prosequi, or dismiss, an Impeachment Trial with a simple majority upon advice from a Prosecutor in the Impeachment Trial.

5. Criminal Code Act

(1) Criminal Code Act Part III §6 shall be amended as follows:

6 - Contempt of Congress
Offence Type: Summary
Penalty: Up to 40 Penalty Units
A person commits an offence if the person:
(a) refuses to testify, withholds information, or obstructs a congressional inquiry or investigation; or
(b) engages in conduct that is disrespectful or unbecoming of the dignity of Congress or its proceedings.

6. Federal Reserve Act

(1) Federal Reserve Act §5(1)(m) shall be amended as follows:

(m) Removal of a Board Member

(i) A Board Member shall only be able to be removed through impeachment, except otherwise defined by law.

(ii) Impeachment

(1) Only the following charges are reasons for impeachment:

(a) Abuse of power

(b) Serious negligence

(c) Corruption

(d) Serious incompetence

(e) Persistent inactivity

(2) Process:

(a) The House of Representatives shall lay the charges by supermajority vote.

(b) The Senate shall be the judge in the trial, with the President of the Senate leading the trial.

(c) The Senate can only convict a Board Member with a supermajority.

(i) The punishment for conviction may be one or a combination of the following:

(1) A public reprimand

(2) Suspension as a Board Member for a duration up to the rest of the term.

(3) Removal as a Board Member.

(iii) A Board Member may be removed with a majority vote in both chambers of Congress if they are inactive.

(1) Inactivity shall not take playtime into account (Comments: FRB members are mostly discordcrafting. This is the same thing as with judges, they are also more on the forums than in-game.)

(2) The inactivity statute shall be suspended for Board Members who receive an Excuse from Duty passed by a majority vote in the Senate.

(3) Inactivity shall be defined as follows:

(a) If at least 4 Board motions, decisions, resolutions, or policy fail due to lack of quorum, each at least 24 hours apart, over the span of a week.

(b) If there is a clear lack of involvement in the governance of the FRB, beyond a reasonable doubt. It may be judicially challenged in the Federal Court of Redmont. The case must be filed within 10 days of the removal.

(2) Federal Reserve Act §8(3) shall be amended as follows:

(3) If the FRB fails to release a report without an excuse from duty by majority Senate vote, then the minimum Board Member removal vote requirement shall be lowered to only a majority in the Senate. No trial shall need to be conducted.