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CONGRESS OF THE
COMMONWEALTH OF REDMONT
A BILL TO
Establish Judicial Standards
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:
PART I — PRELIMINARIES
1. Short Title and Enactment(1) This Act may be cited as the 'Judicial Standards Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored in part by xEndeavour, and finished Rep. ToadKing.
(4) This Act has been co-sponsored by Senator Omegabiebel.
2. Reasons and Intent
(1) To modernise Judicial standards and remove constitutional duplication.
(2) To establish clear procedures for appeals, warrants, and court administration.
(3) To clarify and expand on alternative resolutions for trials beyond Trial by Combat.
3. Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) Authorised Officer. A person who has been legally empowered, by statute or delegation, to perform specified official functions or exercise certain enforcement powers.
(b) Court. Means the District Court of Redmont, the Federal Court of Redmont, and or the Supreme Court of Redmont.
(c) Judicial Officer. Means a Magistrate, Judge, or Justice, but does not include Court Clerks or other court staff.
(d) Litigant. Means a party to a proceeding.
(e) Proceeding. Means any civil or criminal matter that is before a court and includes an application for a warrant.
(f) Relevant Officer. The officer whose role and responsibilities directly relate to the matter being addressed.
(g) Original Jurisdiction. The authority of a court to hear and decide a case for the first time, rather than on appeal.
(h) Appellate Jurisdiction. The authority of a court to review, confirm, modify, or overturn the decision of a lower court,
(i) Appellate Court. A court that has the authority to review and decide on appeals from lower courts, determining whether the original decision was correct according to law.
(j) Burden shifting. The transition of the obligation to present evidence or persuade the trier of fact from one party to the other, occurring after the initial party meets its burden of production.
4. Repealed Laws
(1) The following Acts of Congress are hereby repealed:
(a) Trial by Combat Act;
(b) Modern Legal Reform (Conduct Strikes) Act.
5. Conflict of Laws
(1) In any situation where this law conflicts with the Constitution, the Constitution must prevail.
(2) In any situation where any law conflicts with this law on matters related to Part II, IV, V, VI, this law must prevail.
(3) In any situation where a previous judicial decision conflicts with this law, either:
(a) The judicial decision should be reconciled with the judicial standards if possible; or
(b) This law must prevail.
PART II — COMMENCEMENT OF PROCEEDINGS
1. Commencing Proceedings(1) Any person may commence a civil proceeding by filing a civil complaint with the court.
(2) The Commonwealth may commence a criminal proceeding by filing a criminal complaint with the court.
(3) The Commonwealth may apply to the court for a warrant.
2. Burden of Proof
(1) The burden of proof is held by:
(a) In a civil case, the Plaintiff; and
(b) In a criminal case, the Commonwealth.
(2) In situations where the law allows for it, the burden of proof can be shifted:
(a) In affirmative defences, it is on the moving party to show their burden to prove their argument. If accepted by a Judicial Officer, the burden shifts to the non-moving party to disprove the affirmative defence.
(i) In statutory presumptions, laws may create a rebuttable presumption where a moving party can attempt to prove. If a rebuttable presumption is accepted by the judicial officer, the burden shifts to the non-moving party to rebut the presumption with evidence.
3. Standard of Proof
(1) The litigant with the burden of proof must prove the case:
(a) In a civil proceeding, on a balance of probabilities;
(b) In a criminal proceeding, beyond a reasonable doubt; and
(c) In an application for a warrant, on probable cause.
4. Representation of the Commonwealth
(1) The Attorney General is responsible for the representation of the Commonwealth in every proceeding.
(2) The Attorney General may appoint a delegate to represent the Commonwealth in a proceeding.
5. Trials
(1) For a criminal trial to take place:
(a) The prosecuting authority must be represented by a prosecutor.
(i) The defendant may have representation or have declared they are representing themselves.
(ii) If the defendant is eligible for a Public Defender, the court must allow a reasonable time for one to be appointed.
6. Sentencing
(1) Where there is a continued threat to player safety or enjoyment due to the commission of crime, the prosecuting authority can impose punishment prior to a trial.
(a) Where an individual is found guilty at trial, any punishment already undertaken will be deemed spent.
(b) Where an individual is found innocent at trial, they shall be compensated up to $50 per minute spent in jail for offences found unproven, alongside a reimbursement of any fine paid for unproven offences.
7. Alternative Resolution
(1) In the event that any entity sues another, either the Plaintiff or the Defendant may request a Trial by Combat or Trial by Contest at any time prior to the rendering of a verdict.
(2) Trial by Combat
(a) In the event that both the Plaintiff and the Defendant agree to a Trial by Combat, they shall settle the case through in-game PvP.
(b) During Trial by Combat, the players may commit harm upon one another without legal repercussions.
(c) The combat must be witnessed by the presiding Judicial Officer or any individual which both parties agree to serve as a witness to certify the outcome.
(d) Any rules for the combat, including but not limited to permitted weapons, armour, location, and victory conditions, must be agreed upon by both parties prior to the fight.
(3) Trial by Contest
(a) As an alternative to Trial by Combat, the parties may agree to resolve the dispute through any adversarial game or contest with fixed rules and a determinate outcome.
(b) A Trial by Contest requires the mutual agreement of both the Plaintiff and Defendant, as well as the approval of the presiding Judicial Officer.
(c) The Judicial Officer may refuse to approve a Trial by Contest if they determine that:
(i) The proposed contest does not have sufficiently clear rules to produce an unambiguous outcome;
(ii) The contest would be impractical to administer or witness;
(iii) The contest would be fundamentally unfair to one party due to factors unrelated to the merits of the case.
(4) General Provisions
(a) Any rules, victory conditions, and procedures must be agreed upon by both parties and documented prior to the commencement.
(b) The presiding Judicial Officer, or a witness agreed by both parties, must certify the outcome.
(c) Any resolution method may only determine disputes of fact. Questions of law remain exclusively within the Court's jurisdiction.
(d) The verdict determined by any case settled through either resolution method shall be inadmissible as evidence in any other lawsuit.
(e) No outcome shall constitute legal precedent in any manner.
(f) Participants shall not face legal repercussions for actions taken within the agreed rules.
(g) Once both parties have agreed, neither party may unilaterally withdraw without the consent of the other party or leave of the court.
PART III — RECUSAL AND JUDICIAL CONDUCT
1. Recusal(1) A Judicial Officer must not participate in any proceeding in which they have an interest.
(2) A litigant may file a motion to recuse a Judicial Officer at any time before the court issues a judgment.
(3) A Judicial Officer must consider a motion under subsection (2) and may recuse themself.
(4) If a Judicial Officer does not recuse themself under subsection (3), another Judicial Officer of equal level or greater:
(a) Must consider the motion; and
(b) May recuse the judicial officer and assume the role of presiding over the proceeding.
(5) For the purposes of this section, interest means any interest or matter, whether personal, monetarily or otherwise, that would cause a reasonable person to doubt the impartiality of the judicial officer, and may include:
(a) Ex parte communication from the Judicial Officer;
(b) Breach of judicial conduct standards;
(c) Prior work as a lawyer for a litigant.
(6) Voluntary and involuntary recusals may be waived where all parties to the proceeding mutually agree to the Judicial Officer continuing to preside, and the Judicial Officer consents to do so.
(7) A Justice may preside over proceedings in the District & Federal Courts without being required to recuse themselves from any future appellate proceeding on the basis of presiding in that case.
2. Ex Parte Communication
(1) Any direct or indirect communication concerning a specific proceeding between the presiding Judicial Officer and any Plaintiff, Defendant, Legal Counsel, or Witness that occurs without the knowledge of all parties to the proceeding other than witnesses, is prohibited.
(2) Failure to observe this prohibition may be used as a reason for a recusal and an appeal.
3. Judicial Immunity
(1) Judicial officers acting within the scope of their official judicial duties shall be granted legal immunity from civil litigation arising from actions taken in the performance of those duties.
(2) This immunity shall not apply in circumstances involving impeachment convictions duly initiated and conducted according to constitutional and statutory requirements.
(3) This immunity will not apply in circumstances involving rulings in connection with a high crime, fraud, or a fraud-related crime.
(4) Civil liability may arise in relation to rulings where immunity has been lifted under subsection (3) of this section.
PART IV — WARRANTS
1. Warrant Authority(1) A court may hear a warrant application to authorise the Commonwealth to take an action that would otherwise be unconstitutional.
(2) After considering an application for a warrant, a court may:
(a) Refuse to issue the warrant;
(b) Issue the warrant without modification; or
(c) Modify and issue the warrant.
2. Search Warrants
(1) A Search Warrant permits an authorised officer to enter private property, inspect assets, or access digital documents for the purpose of locating evidence, contraband, or any materials relevant to an active investigation or legal proceeding.
(2) A search warrant must specify the property, assets, or documents being searched in as much detail as possible.
(3) This warrant can be requested by authorised members in the DOJ, DHS, and DOC.
(a) The Secretaries of the DOJ, DHS, and DOC are authorized members for the purposes of §2(3)
(b) The Secretaries of the DOJ, DHS, and DOC are empowered to designate employees of their respective Departments as authorized members for the purposes of §2(3).
3. Asset Seizure Warrants
(1) An Asset Seizure Warrant permits an authorised officer to seize assets when an individual does not have sufficient monetary funds to pay a court order or unsettled fines.
(2) An asset seizure warrant must not be issued for a fine less than two months old, or unless the authorised officer has provided the debtor with at least five days' notice of the intention to seek the warrant and of its consequences.
(3) An asset seizure warrant may also be used to enforce the transfer of assets under legal process, including, without limitation, the compulsory acquisition of property through eminent domain and the seizure of financial assets by the relevant authority.
(4) An asset seizure warrant must specify the assets being seized in as much detail as possible.
(5) The Debtor must be given a 5-day notice by the DHS for any debt collection through an asset seizure warrant. The Debtor must be informed that they must pay the outstanding amount due within 5 days, or their assets will be seized to cover the outstanding debt.
(6) This warrant can be requested by authorised members in the DOJ, DHS, and DOC.
(a) The Secretaries of the DOJ, DHS, and DOC are authorized members for the purposes of §3(6)
(b) The Secretaries of the DOJ, DHS, and DOC are empowered to designate employees of their respective Departments as authorized members for the purposes of §3(6).
4. Arrest Warrants
(1) An Arrest Warrant authorises an authorised officer to enter private property and arrest a wanted individual.
(2) This warrant can only be executed by authorised members in the DHS.
(3) This warrant can be requested by authorised members in the DHS.
(a) The Secretary of the DHS is an authorized member for the purposes of §4(3)
(b) The Secretary of the DHS is empowered to designate employees of the Department as authorized members for the purposes of §4(3)
5. Investigative Warrants
(1) An Investigative Warrant authorises a Detective, accompanied or unaccompanied, to enter private property in order to search for clues relating to an active case.
PART V — INJUNCTIONS AND WRITS
1. Injunctions(1) A court may issue an injunction to compel a litigant in a case to do or to refrain from doing an act.
(2) An injunction may be issued:
(a) Permanent Injunction. When the court issues a judgment;
(b) Emergency Injunction. Before or during a proceeding on the application of a litigant or prospective litigant.
(3) An emergency injunction expires 4 hours after the court issues it, unless the applicant has commenced the proceeding.
(4) A person who unlawfully breaches an injunction is liable for sevenfold damages.
2. Writs
(1) Courts may issue any writs necessary in aid of their respective jurisdictions and agreeable to the usages and principles of law.
PART VI — APPEALS
1. Application to Appeal(1) After a proceeding concludes, a litigant may apply to the appellate court to appeal the court's judgment.
(2) An application to appeal must allege that the court:
(a) Made an error of law;
(b) Made a finding of fact that was not reasonably supported by the evidence; or
(c) Acted in a way that resulted in procedural unfairness.
(3) An application to appeal must be filed within one month of the court's judgment.
(4) Appellate courts are established:
(a) For a proceeding in the District Court, the Federal Court;
(b) For a proceeding in the Federal Court, the Supreme Court.
(c) For a proceeding in the Supreme Court, the Supreme Court, in strict circumstances, outlined in the Commonwealth Constitution.
(5) No party may bring litigation against the Commonwealth of Redmont, its agencies, or its judicial officers for the sole purpose of overturning, modifying, or otherwise challenging a judicial ruling outside of the lawful appeals process.
(6) Any such filing whose claim is in contradiction with subsection (5) shall be considered outside the jurisdiction of the trial court.
2. Appeals
(1) An appellate court may accept an application to appeal a judgment of a court and hear the appeal.
(2) An appellate court must not hear an appeal under this section unless it is satisfied that the interests of justice require the appellate court to hear the appeal.
(3) Available outcomes for appeals are as follows:
(a) Rejection. The appellate court refuses to hear the appeal.
(b) Affirm. The appellate court, having heard the appeal, upholds the lower court's decision. All court orders from the original case remain standing.
(c) Reverse. The appellate court reverses the lower court's decision, or part of the decision.
(d) Reverse and Remand. The appellate court reverses the lower court's decision, or part of it, and remands the case to the lower court for further proceedings consistent with the appellate court's verdict.
(e) De Novo New Trial. The appellate court finds significant errors in the original trial process that warrant a new trial at the appellate level.
(4) In the event the court's original decision was overturned:
(a) If the plaintiff had originally won the case and the defendant was charged with compensatory actions, the defendant will be fully refunded by the plaintiff.
(b) If the defendant had originally won the case, the court will decide compensatory actions for the plaintiff to receive.
3. Interlocutory Appeals
(1) A party may petition for an interlocutory appeal to the relevant higher court when a clear error of law occurs during proceedings that materially biases the outcome of the lower court case.
(2) The following conditions must be met for an interlocutory appeal to be considered:
(a) The alleged error constitutes a significant legal mistake, not merely a disagreement with the lower court's interpretation;
(b) The error substantially impacts the fairness or accuracy of the ongoing proceedings; and
(c) Delaying resolution until a final judgment would cause irreparable harm.
(3) The higher court has sole discretion to grant or deny an interlocutory appeal. If granted, proceedings in the lower court will be stayed pending the outcome of the appeal.
PART VII — LAWYER CONDUCT
1. Conduct Strikes(1) A Judicial Officer may issue a conduct strike to a lawyer when they:
(a) Convict a lawyer of Perjury;
(b) Convict a lawyer of Contempt of Court;
(c) Convict a lawyer of Frivolous Court Case; or
(d) Convict a lawyer of any crime arising from a lawyer’s actions in Court.
(2) A Judicial Officer must not issue a conduct strike unless they are satisfied that the lawyer’s conduct objectively reflects adversely on the legal profession.
(3) A conduct strike applies in addition to any penalty imposed for the underlying conduct (for example, a fine).
(4) A conduct strike expires after three months from the day it is issued.
2. Suspension
(1) A lawyer shall be suspended for the period specified in subsection (2) when:
(a) The lawyer has been issued three conduct strikes that have not expired.
(2) The suspension periods are:
(a) For a first suspension, one month;
(b) For a second suspension, two months;
(c) For a third or subsequent suspension, three months.
(3) A lawyer who is suspended under this section or under Part V, Section 2 of the BAR Act:
(a) Is temporarily disbarred and shall lose the power to advise clients, represent a party in court, and file cases on a client’s behalf; and
(b) Shall withdraw themselves from any case in which they are representing another client. Should new counsel be needed because of the withdrawal, the presiding officer shall toll deadlines for a period no longer than 14 days until new counsel can be found; but
(c) May continue to represent themselves pro se provided that they only do so to defend themselves in court, or to appeal the result of their own disbarment proceedings.
3. Review of Suspension
(1) A lawyer who is suspended may petition the Supreme Court for review of their suspension.
(2) The Supreme Court may adopt rules for the handling of petitions under this section.
(3) When considering a petition under this section, the Supreme Court must consider:
(a) The circumstances of each conduct strike, and whether each conduct strike was justified by reference to the underlying conduct; and
(b) The lawyer's conduct generally; and
(c) The importance of maintaining the reputation of the legal profession; and
(d) Such other matters as the court thinks fit.
(4) After considering a petition under this section, the Supreme Court must:
(a) Decline the petition; or
(b) Cancel one or more of the lawyer's conduct strikes and reinstate the lawyer; or
(c) Reduce the suspension by any period the court considers appropriate.
(5) A conduct strike that is cancelled under subsection (4)(b) has the same effect as an expired conduct strike.
4. Record Keeping
(1) The Department of Homeland Security must keep a record of:
(a) Every conduct strike issued under Section 1;
(b) Every suspension imposed under Section 2; and
(c) Every review considered under Section 3.
(d) Every disbarment imposed under Part V, Section 2 of the BAR Act.
(2) The Department of Homeland Security must provide any information held under this section to:
(a) the Court on request from a Judicial Officer;
(b) the Department of State for the purposes of determining eligibility for BAR Council elections; and
(c) the BAR Council upon request.
PART VIII — COURT ADMINISTRATION
1. Court Clerks(1) The Supreme Court may appoint court staff to assist with the administration of the Judiciary.
(2) A court clerk serves at the pleasure of the Supreme Court.
2. Temporary Positions and External Assistance
(1) A Judicial Officer may appoint, for the duration of an in-game proceeding only:
(a) A Bailiff(s), utilising a police officer from the Department of Homeland Security; and
(b) a Stenographer, utilising a Court Clerk or temporarily appointing any player who is available at that time.
(2) The remuneration of a person appointed under subsection (1) must be fixed by court rule and paid out of the judiciary appropriation after the conclusion of the in-game proceeding.
(3) A Judicial Officer may request and order external assistance from the following Departments:
(a) The Department of Homeland Security, to issue fines and assist in the security of any in-game court proceeding;
(b) The Department of Public Affairs, to sanction in-game trials as events if necessary;
(c) The Department of Health, to assist in the on-site crisis management of any infectious disease spread during an in-game court proceeding; and
(d) The Department of Construction and Transport, to issue repairs or changes necessary for the efficient running of the courthouse."
3. Case Loading
(1) Case Loading shall be managed by the Judiciary and shall be granted at rates defined in the Economic Standards Act.
(2) Payments shall be made according to the time zone of the individual dispensing the funds.
(3) Payments shall be made following a case's or appeal's adjournment or dismissal.
4. Judicial Transparency
(1) The court must keep every litigant informed of which Judicial Officer or officers are presiding over the proceeding.
(2) Every judgment or ruling issued by a court must be attributable to a Judicial Officer(s).
5. Judicial Rulemaking Authority
(1) The Judiciary, consistent with the principles enshrined in the Constitution's provision for judicial power, is authorised to create and implement Court Rules governing the procedures and administration of all courts within the Commonwealth.
(2) These rules may cover matters such as, but are not limited to:
(a) Courtroom Proceedings;
(b) Filing requirements, standing, and deadlines;
(c) Pleadings, including:
(i) A complaint;
(ii) An answer to a complaint;
(iii) An answer to a counterclaim designated as a counterclaim;
(iv) An answer to a crossclaim;
(v) A third-party complaint;
(vi) An answer to a third-party complaint; and
(vii) If the court orders one, a reply to an answer.
(d) Any and all kinds of court motions;
(e) Evidence admissibility standards;
(f) Objections and what constitutes one;
(g) Courtroom conduct and decorum;
(h) Case management practices;
(i) Standards for Judicial Officers; and
(j) The imposition and calculation of court fees.
(3) Court Rules shall have the force of law upon publication, and any challenge to a Rule's validity must be brought before the Supreme Court.
(4) An amendment to a court rule must be publicly notified.
6. Court Fees
(1) The Judiciary may impose court fees upon the initiator of an ancillary claim or legal proceeding.
(2) Such court fees may not exceed 1500$ or 7% of the total damages (minus compensatory damages for court fees and attorney’s fees) requested in the claim, whichever is higher.
(3) Court fees shall be payable to the Commonwealth.
(4) No court fees may be levied if:
(a) the proceeding is an appeal;
(b) the proceeding is a criminal action;
(c) the proceeding was initiated in order to pursue eminent domain; or
(d) the proceeding was initiated by the RBA in order to pursue disbarment.
PART IX — CERTIFIED QUESTIONS
1. When Available
(1) A certified question may only be used to resolve a question of law.
(2) Certified questions shall not be used to challenge or review factual findings or evidentiary rulings made in the course of proceedings.
2. Who May Request Certification
(1) Either party to a case may file a request for certification of a legal question.
(2) The presiding judicial officer may also initiate certification when necessary to resolve an unsettled question of law.
3. Form and Contents
(1) A request for certification must contain:
(a) The exact legal question to be answered.
(b) A brief explanation describing why the question is unsettled or unclear under existing law.
(c) A summary of the facts relevant to the legal issue being presented.
4. Review and Granting of Certification
(1) The presiding judicial officer shall determine whether certification is appropriate.
(2) Certification shall only be granted when the matter cannot be resolved properly or efficiently without interpretation from a higher judicial authority.
5. Referral to Appellate Authority
(1) Upon approval, the certified question shall be forwarded to the Supreme Court, or to another appellate body designated by the Supreme Court.
(2) The appellate body may allow the submission of briefs limited solely to the certified legal question.
(3) The interpretation issued in response to a certified question shall constitute binding legal interpretation for the judiciary unless overturned by a later judicial decision or superseded by statute.
6. Effect on Proceedings
(1) Proceedings in the originating case shall be paused only on matters directly affected by the certified question.
(2) Other issues unrelated to the certified question may continue at the discretion of the presiding judicial officer.
7. Limitations
(1) Certified questions shall only be used where necessary to resolve genuine legal uncertainty.
(2) The certified question procedure shall not be used as a method to delay proceedings.
(3) Certification shall not serve as a substitute for an appeal.
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