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A
BILL
To
Provide for Judicial Standards and to amend the Constitution.
BILL
To
Provide for Judicial Standards and to amend the Constitution.
The people of Democracy Craft, 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:
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.
2 - Reasons
(1) This Act will form a consolidated law of standards for the judiciary.
(2) This bill has too many working parts to include in what has been removed, changed, added etc. There were minor changes to wording and format which I encourage people to cross check with the constitution and the below acts of congress. Where necessary, use a text comparator as well.
3 - Consolidation
(1) The following will be rescinded:
a. Contempt of Court Act
b. Court Appeals System Act
c. Criminal Jurisdiction Act
d. Judiciary Act
4 - Role of the Courts
(1) Judicial Power
Judicial power is vested in the courts.
(2) Role of the Courts
The Judicial arm of Government, consisting of the Court and Supreme Court, interprets the law, as written by the legislature and administered by the Executive.
5 - The Court of Redmont
(1) The Court of Redmont hears all non-constitutional legal matters in the first instance and is the appellate court for criminal charges and civil actions. It is presided over by a single Judge. Lawsuits are made in the Courthouse forum. Lawsuits can be either civil cases (a dispute between two parties, usually seeking compensation) or criminal cases (an appeal to the state against a charge, or a case filed by the state regarding a criminal act). Where there is a failure to appear, the presiding Judge will deliver a verdict considering the facts presented to the Court.
(2) Powers of the Court of Redmont
a. The Court of Redmont is the appellate court in the first instance. (e.g. Appealing an arrest)
b. The Court of Redmont makes judgements on criminal prosecutions. (e.g. Fraud)
c. The Court of Redmont makes judgements on civil cases (e.g. Wrongful Dismissal)
d. The Court of Redmont is able to issue warrants to the Department of Justice.
e. The Court of Redmont is responsible for resolving government disputes.
6 - The Supreme Court of Redmont
(1) The Supreme Court of Redmont acts as a Constitutional court, as a check on legislation and executive power when presented with a legal question. The Supreme Court of Redmont hears all Constitutional legal matters and is the appellate court for further appeals. The Supreme court is presided over by three Judges and is Chaired by the Chief Justice. Each Judge/Justice makes his/her own verdict on cases, and where decisions are not unanimous, the decision of the majority prevails. The decision is final - there are no further appeals once a matter has been decided by the Supreme Court, and the decision is binding on all other courts. Where there is a failure to appear, the presiding Judges will deliver a verdict considering the facts presented to the Court.
(2) Powers of the Supreme Court
a. The Supreme Court of Redmont is the appellate court to the Court of Redmont where proceedings or jurisdiction of any Court or Judge is in question.
b. The Supreme Court of Redmont has the power to accept or reject appeals if it was not raised on a point of law.
c. The Supreme Court of Redmont is responsible for resolving disputes between Government Institutions.
d. The Supreme Court of Redmont hears all Constitutional challenges.
7 - Judges
(1) Judges are responsible for presiding over and delivering non-biased verdicts on all lawsuits. Judges and the Chief Justice are to be nominated by the President and approved by the Senate. Where there is no Chief Justice, the most senior Judge is Chief Justice by default until otherwise provided.
8 - Admissibility
(1) Any evidence submitted to the Court should be factual, reliable, and relevant to the case. Judges have the power to strike any evidence that is not admissible from the record.
9 - Inadequate number of Judges
(1) Where there is a deficiency in Judges, the Speaker of the House of Representatives will deliver a verdict. Where more than one vacancy exists, cases will not be heard until such time that a suitable number of Judges.
10 - Standards of Proof
(1) The following shall apply:
a. Balance of Probabilities - Required in civil actions.
b. Probable Cause - Required for a warrant.
c. Proof Beyond a Reasonable Doubt - Required in criminal prosecutions.
11 - Burden of Proof
The onus of the burden of proof is on the Prosecution.
12 - State Legal Representation
The Commonwealth may appoint a prosecutor to represent the state in court in lieu of the Attorney General.
13 - Recusal
(1) Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in a case due to a conflict of interest.
(2) A motion to recuse can be filed at any point in a case prior to the verdict. A Judge must consider whether or not to voluntarily recuse themselves.
(3) Where a judge does not voluntarily recuse, a second Judge will respond to the motion and either accept or deny it. In the instance the judge accepts the motion, that judge will then preside over the case.
(4) Conflict of interest may involve:
a. Bias/appearance of bias.
b. Interest.
c. Ex Parte Communications.
d. Breach of Judicial Conduct.
e. Prior Work as a Lawyer for either party.
14 - Warrants
(1) The court may issue warrants - court orders that allow actions that would otherwise be unlawful - for the following:
a. Search - Expresses permission for a Police Officer, accompanied or unaccompanied, to enter private property in order to search for evidence or contraband. Staff will be required to assist with searching chests, however the Officer will not have direct access.
b. Asset Seizure - to seize assets when an individual does not have sufficient monetary funds to pay a court order.
(2) The Debtor must be given a 5-day notice by the Department of Justice. The Debtor must be informed that they provide the outstanding money needed to pay off their debt within a period of 5 days or assets will be seized to cover their outstanding debt.15 - Injunctions
(1) The courts may issue injunctions - orders that compel a party in a case to do something or to refrain from doing something - for the following:
a. Permanent - Permanent injunctions aim to enforce the rights of others.
b. Emergency - Injunctions that are issued before the court has tried a case to prevent harm. If the applicant fails to file a lawsuit within 4 hours of requesting an emergency injunction the order will be null and void.
(2) Abuse of this type of order results in civil liability for seven fold the actual damages.16 - Writs
(1) The courts may issue writs - a written command in the name of a court to act, or abstain from acting, in a particular way - for the following:
a. Writ of Mandamus - Orders the government or a government agency to do or to refrain from doing something as is their duty under the law.
b. Quo Warranto - Orders the government or a government agency to appear before the court to establish its authority to do something.
17 - Contempt of Court
(1) Contempt of Court is the act of speaking in a court case when not involved or summoned to provide testimony.
First Offence: $200 Fine
Second Offence: $300 Fine
Third Offence: $400 Fine + 10 Minutes Jail.
18 - Appeals
(1) Once a court case is Adjourned, either party may request to appeal the decision by filing an appeal in the Courthouse sub-forum.
(2) Requirements:--
- Less than two weeks have elapsed since the court’s decision;
- the appeal follows a format laid out by the courts in a thread that will be authored upon this bill’s passage; and
- the appeal is not made just for the sake of appealing.
19 - Appeal Response
(1) In the event the appeal request is accepted by the court, the judge who did not preside over the original case will preside.
(2) In the event that this is an appeal of an appealed decision and there are only two sitting judges, the Speaker of Congress will also preside.
20 - Appeal Outcome
(1) In the event the court’s original decision was overturned, one of two events will occur.
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.
(2) In the event the court did not overturn their decision, all court orders from the original case remain standing.21 - 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.
22 - 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 reasonable time for the defendant to source legal counsel.
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