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The Court Procedures Act
Topic Started: Apr 29 2018, 05:32 PM (132 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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Replies:
Samsonyte
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There is nothing written about how the court of appeals would function.
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Jake
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Amendment ii I think it should say "not be less than three" instead "not be less than one"

For Article 2 Pretrial Setup it should be change to "All cases shall be heard by a panel of three justicars" to .All cases shall be heard by a panel of three justicars that have equal say regardless their position or tenure on the bench"

Amendment III is a little hazy on what is being changed from what we have before to what it will be now. Can we get a clarification on that?
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His Imperial Highness, Vulturret
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Unstoppable Force
Still opposed. Needs a lot of work and I think it's just better to write a completely new one.
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Eli Hesial
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I am suggesting a total re-write of the Act, along with sending out who you wish to be your Justicar, so they can help.
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