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House Vote: 10-0-0
Senate Vote: 4-0-0
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(1) The following will be rescinded: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 - 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.
5 - Burden of Proof
The onus of the burden of proof is on the Prosecution.
6 - State Legal Representation
The Commonwealth may appoint a prosecutor to represent the state in court in lieu of the Attorney General.
7 - 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.
8 - 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, Investigator, or Compliance Officer, accompanied or unaccompanied, to enter private property, view private assets, or access digital documents in order to search for evidence or contraband. Staff will be required to assist with searching storage containers if required, however the Officer will not have direct access. Search Warrants must detail exactly what is being requested and judicial officers must include any modifications to the request they have made when approving the warrant. This warrant can be requested by authorized members in the DoJ, DHS, and DoC.
b. Asset Seizure - to seize assets when an individual does not have sufficient monetary funds to pay a court order or unsettled fines. The unpaid fines must have been standing for at least 2 months and can be seen in the DoJ DHS #fines channel. A DHS employee must also /mail the person about their fines at least three days prior to requesting an asset seizure warrant. If a government agency requires an asset to be transferred to itself within its lawful actions (ie: Eminent Domain by the DCT or Seizing Bank assets by the DOC), they may request a warrant or ask the DHS to do so on their behalf to be able to gain possession of said asset. Asset Warrants must detail exactly what is being seized and judicial officers must include any modifications to the request they made when approving the warrant.
c. Arrest Warrant - for entering private property to arrest a wanted individual. This warrant can only be executed by authorized members in the DHS.
d. Investigative - Expresses permission for a Detective, accompanied or unaccompanied, to enter private property in order to search for clues relating to an active case.
(2) The Debtor must be given a 5-day notice by the Department of Homeland security for any debt collection through an asset seizure warrant. 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.
9 - 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.
10 - 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.
11 - 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) 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.
(3) Any such filing whose claim is in contradiction with § 11(2) shall be considered outside the jurisdiction of the trial court.
(4) A valid appeal must:—
(a) be filed within one month of the original decision;
(b) conform to the formatting required for appeals set out by the courts; and
(c) present lawful grounds for review.
12 - 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.
13 - Appeal Outcome
(1) Available outcomes for appeals are as follows:
(a) Rejection: The original decision stands, and all court orders from the original case remain standing.
(b) Reverse: The appellate court reverses the lower court’s decision, or part of the decision.
(c) Reverse and Remand: The appellate court reverses the lower court’s decision, or part of the decision, and sends the case back to the lower court for further proceedings consistent with a verdict delivered by the appellate court.
(d) De Novo New Trial: The appellate court finds significant errors in the original trial process that necessitate a completely new trial at the appellate court level.
14 - Supreme Court Appeals
(1) A party can appeal based on a point of law. The appeal must convince the Court that the Justices that heard the original case made an error of law and that the error was of such significance that the decision should be overturned.
(a) Some examples of significant errors of law are that the Judge that heard the original case:
(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.
16 - 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.
17 - 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.
18 – Judicial Rulemaking Authority
(1) The Judiciary, consistent with the principles enshrined in the Constitution’s provision for judicial power, is authorized 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
(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.
(c) Any and All kinds of Court motions.
(d) Evidence admissibility standards.
(e) Objections and what constitutes one.
(e) Courtroom conduct and decorum.
(f) Case management practices.
(g) Standards for Judicial Officers.
(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.
19 - Court Clerk
(1) The Supreme Court may appoint an unlimited amount of Court Clerks to assist the duties of the courts
(2) These Court Clerks will serve at the pleasure of the Supreme Court and can be removed at any time. In Addition, Congress may at any time remove any Court Clerk via the regular legislative process if they believe such a Court Clerk has interfered with the functions of the branch.
(3) Court Clerk is not considered or classified as Judicial Officers.
(4) Court Clerks may receive a salary decided by law outside of the Constitution.
20 - External Assistance Creation
(1) Any Magistrate, Judge, or Justice, may request and order external assistance from the following Departments:
a. The Department of Justice, 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 sort of infectious disease spread during an in-game court proceeding.
d. The Department of Construction and Transport, to issue repairs and or changes that are necessary for the efficient running of the courthouse.
(2) In addition, the following temporary positions may be established during in-game court proceedings:
(a) Bailiff, utilizing a police officer from the Department of Homeland Security
(i) The Chief Justice shall decide the payment for Bailiffs, and this shall be paid from the Judiciary budget.
(b) Stenographer, utilizing a Court Clerk or temporarily appointing any player who is available at that time.
(i) The Chief Justice shall decide the payment for Stenographers, and this shall be paid from the Judiciary budget.
(3) Bailiff and Stenographer pay shall be managed by the Judiciary after the court proceeding.
21 - Duty to Disclose
(1) In the event of any court case, criminal or otherwise, both sides are required to present any exculpatory evidence to the opposing counsel
(2) Failure to do such may be used as a reason for an appeal
(3) A violation of the duty to disclose shall constitute as an offense:
(a) Definition: Failing to disclose exculpatory evidence to an opposing counsel relating to a court case that the violator is either a plaintiff, defendant, or counsel in, that was either personally viewed or received
(b) Classification: Summary Criminal Offense
(c) Per Offense:
(i) First Offense: $2,000 Fine
(ii) Second Offense: $5,000 Fine
(iii) Third Offense and Beyond: $6,000 Fine + 5 Minutes Jail
22 - Ex Parte Communication
(1) Direct or indirect communication about a specific case with the presiding officer that is presiding over that case that the citizen in question is either the plaintiff, defendant, or counsel in without the knowledge of all parties (Plaintiff,defendant, counsel) in the case is forbidden
(2) Failure to do such may be used as a reason for a recusal, and if the case has already been ruled on, an appeal
(3) An Ex Parte Communication shall constitute as an offense:
(a) Definition: Making direct or indirect communication about a specific case with the presiding officer that is presiding over that case that the violator is either a plaintiff, defendant, or counsel in without the knowledge of all parties (Plaintiff, defendant, counsel) in the case
(b) Classification: Summary Criminal Offense
(c) Per Offense:
(i) First Offense: $2,000 Fine
(ii) Second Offense: $5,000 Fine
(iii) Third Offense: $6,000 Fine +5 Minutes Jail
23 - Case Commission
(1) Case commissions shall be managed by the Judiciary and shall be granted at the following rates for the duration of each case they are presiding over:
(2) Justice: $300 per day;
(3) Judge: $250 per day;
(4) Magistrate: $200 per day;
(5) Payments shall be made according to the time zone of the individual dispensing the funds.
(6) Payments shall be made following a case adjournment.
24 - Ruling Transparency
(1) Where there is more than one Judicial Officer presiding over a case, the court must inform all parties as to which judicial officers are presiding on their case.
(2) When rendering verdicts on cases or deciding on motions, individual presiding judicial officer's opinions and rulings must be attributable.
(a) These rulings and opinions can be published collectively (i.e. signing on to a verdict/decision) or individually.
25 - 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 (3) of this section.
Senate Vote: 4-0-0
A
BILL
To
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 - 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.
5 - Burden of Proof
The onus of the burden of proof is on the Prosecution.
6 - State Legal Representation
The Commonwealth may appoint a prosecutor to represent the state in court in lieu of the Attorney General.
7 - 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.
8 - 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, Investigator, or Compliance Officer, accompanied or unaccompanied, to enter private property, view private assets, or access digital documents in order to search for evidence or contraband. Staff will be required to assist with searching storage containers if required, however the Officer will not have direct access. Search Warrants must detail exactly what is being requested and judicial officers must include any modifications to the request they have made when approving the warrant. This warrant can be requested by authorized members in the DoJ, DHS, and DoC.
b. Asset Seizure - to seize assets when an individual does not have sufficient monetary funds to pay a court order or unsettled fines. The unpaid fines must have been standing for at least 2 months and can be seen in the DoJ DHS #fines channel. A DHS employee must also /mail the person about their fines at least three days prior to requesting an asset seizure warrant. If a government agency requires an asset to be transferred to itself within its lawful actions (ie: Eminent Domain by the DCT or Seizing Bank assets by the DOC), they may request a warrant or ask the DHS to do so on their behalf to be able to gain possession of said asset. Asset Warrants must detail exactly what is being seized and judicial officers must include any modifications to the request they made when approving the warrant.
c. Arrest Warrant - for entering private property to arrest a wanted individual. This warrant can only be executed by authorized members in the DHS.
d. Investigative - Expresses permission for a Detective, accompanied or unaccompanied, to enter private property in order to search for clues relating to an active case.
(2) The Debtor must be given a 5-day notice by the Department of Homeland security for any debt collection through an asset seizure warrant. 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.
9 - 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.
10 - 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.
11 - 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) 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.
(3) Any such filing whose claim is in contradiction with § 11(2) shall be considered outside the jurisdiction of the trial court.
(4) A valid appeal must:—
(a) be filed within one month of the original decision;
(b) conform to the formatting required for appeals set out by the courts; and
(c) present lawful grounds for review.
12 - 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.
13 - Appeal Outcome
(1) Available outcomes for appeals are as follows:
(a) Rejection: The original decision stands, and all court orders from the original case remain standing.
(b) Reverse: The appellate court reverses the lower court’s decision, or part of the decision.
(c) Reverse and Remand: The appellate court reverses the lower court’s decision, or part of the decision, and sends the case back to the lower court for further proceedings consistent with a verdict delivered by the appellate court.
(d) De Novo New Trial: The appellate court finds significant errors in the original trial process that necessitate a completely new trial at the appellate court level.
14 - Supreme Court Appeals
(1) A party can appeal based on a point of law. The appeal must convince the Court that the Justices that heard the original case made an error of law and that the error was of such significance that the decision should be overturned.
(a) Some examples of significant errors of law are that the Judge that heard the original case:
- applied an incorrect principle of law; or
- made a finding of fact or facts on an important issue which could not be supported by the evidence.
(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.
16 - 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.
17 - 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.
18 – Judicial Rulemaking Authority
(1) The Judiciary, consistent with the principles enshrined in the Constitution’s provision for judicial power, is authorized 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
(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.
(c) Any and All kinds of Court motions.
(d) Evidence admissibility standards.
(e) Objections and what constitutes one.
(e) Courtroom conduct and decorum.
(f) Case management practices.
(g) Standards for Judicial Officers.
(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.
19 - Court Clerk
(1) The Supreme Court may appoint an unlimited amount of Court Clerks to assist the duties of the courts
(2) These Court Clerks will serve at the pleasure of the Supreme Court and can be removed at any time. In Addition, Congress may at any time remove any Court Clerk via the regular legislative process if they believe such a Court Clerk has interfered with the functions of the branch.
(3) Court Clerk is not considered or classified as Judicial Officers.
(4) Court Clerks may receive a salary decided by law outside of the Constitution.
20 - External Assistance Creation
(1) Any Magistrate, Judge, or Justice, may request and order external assistance from the following Departments:
a. The Department of Justice, 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 sort of infectious disease spread during an in-game court proceeding.
d. The Department of Construction and Transport, to issue repairs and or changes that are necessary for the efficient running of the courthouse.
(2) In addition, the following temporary positions may be established during in-game court proceedings:
(a) Bailiff, utilizing a police officer from the Department of Homeland Security
(i) The Chief Justice shall decide the payment for Bailiffs, and this shall be paid from the Judiciary budget.
(b) Stenographer, utilizing a Court Clerk or temporarily appointing any player who is available at that time.
(i) The Chief Justice shall decide the payment for Stenographers, and this shall be paid from the Judiciary budget.
(3) Bailiff and Stenographer pay shall be managed by the Judiciary after the court proceeding.
21 - Duty to Disclose
(1) In the event of any court case, criminal or otherwise, both sides are required to present any exculpatory evidence to the opposing counsel
(2) Failure to do such may be used as a reason for an appeal
(3) A violation of the duty to disclose shall constitute as an offense:
(a) Definition: Failing to disclose exculpatory evidence to an opposing counsel relating to a court case that the violator is either a plaintiff, defendant, or counsel in, that was either personally viewed or received
(b) Classification: Summary Criminal Offense
(c) Per Offense:
(i) First Offense: $2,000 Fine
(ii) Second Offense: $5,000 Fine
(iii) Third Offense and Beyond: $6,000 Fine + 5 Minutes Jail
22 - Ex Parte Communication
(1) Direct or indirect communication about a specific case with the presiding officer that is presiding over that case that the citizen in question is either the plaintiff, defendant, or counsel in without the knowledge of all parties (Plaintiff,defendant, counsel) in the case is forbidden
(2) Failure to do such may be used as a reason for a recusal, and if the case has already been ruled on, an appeal
(3) An Ex Parte Communication shall constitute as an offense:
(a) Definition: Making direct or indirect communication about a specific case with the presiding officer that is presiding over that case that the violator is either a plaintiff, defendant, or counsel in without the knowledge of all parties (Plaintiff, defendant, counsel) in the case
(b) Classification: Summary Criminal Offense
(c) Per Offense:
(i) First Offense: $2,000 Fine
(ii) Second Offense: $5,000 Fine
(iii) Third Offense: $6,000 Fine +5 Minutes Jail
23 - Case Commission
(1) Case commissions shall be managed by the Judiciary and shall be granted at the following rates for the duration of each case they are presiding over:
(2) Justice: $300 per day;
(3) Judge: $250 per day;
(4) Magistrate: $200 per day;
(5) Payments shall be made according to the time zone of the individual dispensing the funds.
(6) Payments shall be made following a case adjournment.
24 - Ruling Transparency
(1) Where there is more than one Judicial Officer presiding over a case, the court must inform all parties as to which judicial officers are presiding on their case.
(2) When rendering verdicts on cases or deciding on motions, individual presiding judicial officer's opinions and rulings must be attributable.
(a) These rulings and opinions can be published collectively (i.e. signing on to a verdict/decision) or individually.
25 - 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 (3) of this section.
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