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The Court Procedures Act
Topic Started: Apr 29 2018, 05:32 PM (133 Views)
The Honorable Aav Verinhall
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Chief Justicar
Aav Verinhall wrote:
 
The Citizen's Assembly

The Court Procedures Act of 2018
Recognizing the necessity to regulate the justice system;
Realizing the potential for misuse;
Understanding the need for citizens to have a place to discharge greivences;
Hereby enacts the Court Procedures Act.

Article 1: Basic Procedural Items
i.The Court of the Ragerian Imperium shall be split into two tiers, trial, and appeals.
ii.Any application for trial must be reviewed by two justicars prior to acceptance.
iii.Any appeal for a ruling is given to the Chief Justicar, execpting in cases that they personally are involved in.
iv.All trials shall originate in the Applications subforum.
v.Out of court settlements may be reached

Article 2: Pretrial Setup
i.All cases go to the justicar with the fewest number of open cases, unless that justicar has a personal interest, in which case it is assigned to the justicar with the next fewest number of cases, and so forth until it reaches the Chief Justicar, who if is personally involved, must reject the application due to conflict of interest. After a case has been accepted, the case shall immediately proceed to the pretrial phase.
ii.In the pretrial phase, the defendant must enter a plea (guilty, not guilty, no contest), and appoint a lawyer. If they do not appoint a lawyer, they are assumed to be representing themselves. If they do not enter a plea, they are assumed to plead no contest to the charges leveled against them. The defendant has 48 hours to do so.
iii.During the same 48 hour period, the prosecution must appoint counsel, if they wish, or state that they will be representing themself(themselves). After they do so, this concludes the pretrial phase.

Article 3: Trial Setup
i.After the pretrial phase has concluded, the trial then moves to the trial phase. The prosecution, with the burden of proving guilt, must go first. All evidence is to be posted within 72 hours of the trial justicar opening the thread, in spoilers.
ii.The defense is not required to submit evidence, or make statements.
iii.The organization of statements is up to the trial justicar, with the exeception of opening statements, which must come before evidence, and closing statements, in which the prosecution goes first.

Article 4: Miscellanous Provisions and Constitutional Amendments
i.Understanding that there is a clause in the criminal code for "Contempt of Court," hereby modifies that clause to state "1. Contempt of court is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court. The punishment for being held in contempt shall not exceed a 2 week ban, upon multiple offenses, and upon the first, shall not be less than a two week ban of being a witness."
ii.Hereby amends the constitution to exclude the requirement that there be an odd number of justicars, changing that section to read "The High Court of the Ragerian Imperium shall be composed of a number of Justicars, to not exceed nine, and not be less than one."
iii.Hereby places statuatory regulations on what can be considered a court order, defining a court order as "An order issued by the court in the interests of furthering justice, and discovery in an active case, or issued in the hopes of blocking an unconstitutional law," and setting a bar for a court order to be overturned by the citizen's assembly, defining said bar as "Clear and Reasonable suspicion that a court order is designed to willfully either: A) engage in politics, using the office of the court as a facade, or B) to intentionally, and unlawfully bar a disliked bill, edict, or etc. from being passed, in the guise of an official court order." To overturn a court order, the Citizen's Assembly must vote as a supermajority of 3/4 to overturn a vote.
iv.Hereby redefines the area of authority of the court to be expanded to include the Armada Discord server, and all colonies of the Ragerian Imperium.


As this law amends the constitution and criminal code, it requires a 2/3 supermajority to pass. Treat the entire law as a constitutional amendment. I hereby open discussion and discourse on this bill for a period of 48 hours prior to motions being acceptable.

Edited by Aav Verinhall, Apr 29 2018, 05:35 PM.
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The Honorable Aav Verinhall
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Chief Justicar
As 48 hours has passed, I hereby motion the legislation to vote.
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Jake
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There are several things in here that I like. One of the things however I have a different view on how our court system would work. Myself and a few other people had imagined the court functioning like how the supreme court does. All of the judges would hear the case and then together come up with a guilty or not guilty decision. The punishment would also be figured out themselves. As has been shown in certain courts in the US judges can interpret and rule a certain way due to their personal belief. I do not want this to become like that where appeals will become necessary. There is a reason that there is an odd number of judges. The constitution had it set up that way for all of the judges to hear the case and deliberate on it. One judge can be the one conducting pretrial arrangements but once it is in the court room with statements made and a verdict being reached all of the judges should be involved in the case.

For the amendment on Contempt of Court is it only adding the two week ban upon multiple offenses?

I do not support the removal of the definition of odd judges as it is going against how the Constitution intended for the Courts with Judges to work.

For the third provision what exactly is being changed by it?

The court should not have authority over the armada server due to military secrets happening there. Judges may not necessarily be part of the armada or even on the server. They also haven't been and shouldn't be trusted with OPSEC information. The Armada is under the command of the Emperor and it should remain that way.

Section 2 and 4 of the Provisions and amendments should immediately be removed with further sections depending on the clarifications. The rest of the court procedures act should be edited to be in compliance of there being an odd number of judges and that they all hear and reach a verdict on the case together.
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His Imperial Highness, Vulturret
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I'm opposed to this act in its current form. I agree with Jake on both counts.


  • Although it could give the Justices less work to do, only assigning one Justice to each case ruins the entire point of democracy (or at least the small bit we have) in Rageria.
  • Also agree about the OPSEC. I'm telling you flat out right now that I will veto any bill that infringes on the functions of the Armada. I would support expansion to colonies.


To be blunt, I think this proposal is bad and not salvageable. I think an entirely new one needs to be written.
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Eli Hesial
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I agree with the Emperor and Jake. I suggest a new bill is to be written.
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Jake
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Is the change of contempt of court only adding a two week ban after multiple occurrences?

And what is being changed in the third provision?
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The Honorable Aav Verinhall
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Chief Justicar
Jake
May 2 2018, 04:58 PM
Is the change of contempt of court only adding a two week ban after multiple occurrences?

And what is being changed in the third provision?
Yes, it only adds the total ban after multiple occurrences.
And to be honest, I should split out the constitutional amendments.
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His Imperial Highness, Vulturret
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Aav Verinhall
May 3 2018, 11:42 PM
Jake
May 2 2018, 04:58 PM
Is the change of contempt of court only adding a two week ban after multiple occurrences?

And what is being changed in the third provision?
Yes, it only adds the total ban after multiple occurrences.
And to be honest, I should split out the constitutional amendments.
Or scrap it and start over. :P
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Jake
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Aav Verinhall
May 3 2018, 11:42 PM
Jake
May 2 2018, 04:58 PM
Is the change of contempt of court only adding a two week ban after multiple occurrences?

And what is being changed in the third provision?
Yes, it only adds the total ban after multiple occurrences.
And to be honest, I should split out the constitutional amendments.
Gotcha. I would support and be okay with the total ban after multiple occurrences.
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The Honorable Aav Verinhall
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Chief Justicar
Aav Verinhall wrote:
 
The Citizen's Assembly

The Court Procedures Act of 2018
Recognizing the necessity to regulate the justice system;
Realizing the potential for misuse;
Understanding the need for citizens to have a place to discharge grievances;
Hereby enacts the Court Procedures Act.

Article 1: Basic Procedural Items
i.The Court of the Ragerian Imperium shall be split into two tiers, trial, and appeals.
ii.Any application for trial must be reviewed by two justicars prior to acceptance.
iii.Any appeal for a ruling is given to the Chief Justicar, excepting in cases that they personally are involved in.
iv.All trials shall originate in the Applications subforum.
v.Out of court settlements may be reached

Article 2: Pretrial Setup
i.All cases shall be heard by a panel of three justicars, picked randomly from the pool of Justicars available that do not have a conflict of interest.
ii.In the pretrial phase, the defendant must enter a plea (guilty, not guilty, no contest), and appoint a lawyer. If they do not appoint a lawyer, they are assumed to be representing themselves. If they do not enter a plea, they are assumed to plead no contest to the charges leveled against them. The defendant has 48 hours to do so.
iii.During the same 48 hour period, the prosecution must appoint counsel, if they wish, or state that they will be representing themself(themselves). After they do so, this concludes the pretrial phase.

Article 3: Trial Setup
i.After the pretrial phase has concluded, the trial then moves to the trial phase. The prosecution, with the burden of proving guilt, must go first. All evidence is to be posted within 72 hours of the trial justicar opening the thread, in spoilers.
ii.The defense is not required to submit evidence, or make statements.
iii.The organization of statements is up to the trial justicar, with the exeception of opening statements, which must come before evidence, and closing statements, in which the prosecution goes first.

Article 5: Constitutional Amendments
i.Understanding that there is a clause in the criminal code for "Contempt of Court," hereby modifies that clause to state "1. Contempt of court is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court. The punishment for being held in contempt shall not exceed a 2 week ban, upon multiple offenses, and upon the first, shall not be less than a two week ban of being a witness."
ii.Hereby amends the constitution to exclude the requirement that there be an odd number of justicars, changing that section to read "The High Court of the Ragerian Imperium shall be composed of a number of Justicars, to not exceed nine, and not be less than one."
iii.Hereby places statuatory regulations on what can be considered a court order, defining a court order as "An order issued by the court in the interests of furthering justice, and discovery in an active case, or issued in the hopes of blocking an unconstitutional law," and setting a bar for a court order to be overturned by the citizen's assembly, defining said bar as "Clear and Reasonable suspicion that a court order is designed to willfully either: A) engage in politics, using the office of the court as a facade, or B) to intentionally, and unlawfully bar a disliked bill, edict, or etc. from being passed, in the guise of an official court order." To overturn a court order, the Citizen's Assembly must vote as a supermajority of 3/4 to overturn a vote.
iv.Hereby redefines the area of authority of the court to be expanded to include all colonies of the Ragerian Imperium.




Amended sections + new items marked in green.
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