Act of Congress Judicial Standards Act

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xEndeavour

Owner
Owner
Former President
Secretary
Construction & Transport Department
State Department
Education & Commerce Department
xEndeavour
xEndeavour
statesec
House Vote: 10-0-0
Senate Vote: 4-0-0
A
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(1) The following will be rescinded: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: $250 Fine
Second Offence: $350 Fine + 5 Minutes Jail
Third Offence: $450 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 court of the next tier. Once a case has been decided by the Supreme Court, it cannot be appealed.
(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 that the appeal request is accepted by the court, a new trial will occur.
(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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HugeBob

Citizen
Former President

Presidential Assent

This bill has been granted assent and is hereby signed into law. Now please, no more consolidation ;(

 
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tekkovvs

Moderator
Moderator
Senator
Public Affairs Department
Donator
tekkovvs
tekkovvs
eventcoordinator

A BILL To


Amend the Judicial Standards Act​

The people 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:

1 - Short Title and Enactment
(1) This Act may be cited as the “Court Appeals Amendment”.
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Representative poemhunter

2 - Reasons
(1) The current act is outdated and does not account for the changes to the courts.
(2) The current act is contradicting with the judicial restructuring amendment.

3 - Amendments
(1) Change in §18.1 "Once a court case is Adjourned, either party may request to appeal the decision by filing an appeal in the Courthouse sub-forum." to "Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier. Once a case has been decided by the Supreme Court, it cannot be appealed."
(2) Change in §19.1 "In the event the appeal request is accepted by the court, the judge who did not preside over the original case will preside." to "In the event that the appeal request is accepted by the court, a new trial will occur."
(3) Removes §19.2
 

Austin27

Administrator
Administrator
Former President
State Department
Public Affairs Department
Donator
_Austin27_
_Austin27_
eventcoordinator

Presidential Assent

This bill has been granted Presidential Assent and is hereby signed into law.

 

Hamhamham420

Citizen
Education & Commerce Department
Hamhamham420
Hamhamham420
economist
A
BILL
TO
Amend the Constitution and Judicial Standards Amendment

The people 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:

1 - Short Title and Enactment
  1. This Act may be cited as the “Homicide of Civilization Amendment”
  2. This Act shall be enacted immediately upon its signage.
  3. This Bill was authored by Mayor LilDigiVert & Rep. Hamhamham420
  4. This Bill was co-sponsored by Sen. Tekkovvs
2 - Reasons

Look, forget all that "Happy to be here" stuff
That y'all want me on
I'm the big homie, they still be tryna lil bro me, dog
Like I should fall in line, like I should alert yall
When I'm 'bout to drop somethin' crazy
And not say I'm the greatest of my generation, like I should be dressing different
Like I should be less aggressive and pessimistic
Like I should be way more nervous and less dismissive
Like I should be on my best behavior and not talk my shtick
And do it major like the politicians who paved the way for us
Like I didn't study the game to the letter
And understand that I'm not doin' it the same
Man, I'm doing it better
Like I didn't make that clearer this year
Like I should feel, I don't know, guilty for saying that
They should put a couple more mirrors in here
So I can stare at myself
These are usually just some thoughts
That I would share with myself
But I thought "F it", it's worth it to share 'em
With someone else other than Vanquish for once
I text her from time to time, she a mom now
I guess sometimes life forces us to calm down
I told her she could live with me if she need to
I got a compound but I think she straight
Cause she supported since Willow was launching
Right before Austin came up and got me
Out of the back room where I was scheming with Icy
With info that I shouldn't have had in the hopes for the glory
He walked right past in the hallway
Three months later, I'm a mayor
He probably wouldn't remember that story
But that stuff sticks with me
Always couldn't believe when he called me
You never know, it could happen to you
And I just spent four Ferraris all on a brand new Bugatti
And did that stuff cause it's somethin' to do
Yeah, I guess that's just who I became, dawg
Nothing was the same, dawg

3- Terms
Replace:

(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.


With:

(1) Contempt of Court is the act of speaking in a court case when not involved or summoned to provide testimony.
First Offence: $250 Fine
Second Offence: $350 Fine + 5 Minutes Jail
Third Offence: $450 Fine + 10 Minutes Jail.
 
Last edited:

Austin27

Administrator
Administrator
Former President
State Department
Public Affairs Department
Donator
_Austin27_
_Austin27_
eventcoordinator

Presidential Assent

This bill has been granted Presidential Assent and is hereby signed into law. Love ya @LilDigiVert - gonna miss you.

 
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