P. Hunter
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Judicial Conflicts and Rights Amendment Act
A
Bill
To
Fix parts of the constitution
The Council of Ministers enacts:
Section 1. Short Title
(1) This Act is the Judicial Conflicts and Rights Amendment Act.
Section 2. Commencement
(1) All Provision(s) shall come into effect upon passage.
Section 3. Reasoning
(1) Remove potential issues in the future presented from bias within the Judicial and the Council of Ministers.
Section 4. Constitutional Amendment 1
(1) Amend Section 2, Subsection 1, Clause IV to
(IV) During a case, either the plaintiff or the defendant can choose to file a motion to recuse the presiding Judge. The motion requires evidence that the Judge has a conflict of interest or cannot provide a fair trial. Following the motion, the Judge can choose whether or not to recuse themselves, or a majority (50%, rounded up) support from all Judges would forcibly recuse a presiding Judge. In the event there are not enough Judges to forcibly recuse a presiding Judge, a Magistrate in Tempore must be appointed to determine whether a recusal is justified or not.
(2) Amend Section 2, Subsection 1, Clause V to
(V) In the event a Judge is recused from a case, that Judge will be replaced by another judge. In the event none of the appointed judges can preside over a case, the case will be presided over by a Magistrate in Tempore. A Magistrate in Tempore is nominated by the Chairman of the Stratham Bar Association with the majority approval of the Council (50%, rounded up). In the event the Chairman of the Stratham Bar Association is the plaintiff or defendant the Council of Minister shall nominate and appoint a person to the position of Magistrate in Tempore. In the event the Council of Ministers has a bias in the case, the Chairman of the Stratham Bar Association will appoint the Magistrate in Tempore.
(A) This position, once confirmed, will have all discretionary powers of a member of the Judiciary but may only preside over the case they were appointed for.
(B) Once the Case has come to a close, the Magistrate in Tempore will automatically resign their position.
(C) Magistrates in Tempore must meet the requirements of a Judge.
Section 5. Constitutional Amendment 2
(1) Amend Section 4, Legal rights, Clause I to
(I) Players will have the right to a fair and speedy trial. If the judge presiding over the case has a conflict of interest, the player may request a new judge. If a player feels like a case was heard unfairly, they have the right to file for an appeal.
Authored by Ryan_88 on behalf of the people.
A
Bill
To
Fix parts of the constitution
The Council of Ministers enacts:
Section 1. Short Title
(1) This Act is the Judicial Conflicts and Rights Amendment Act.
Section 2. Commencement
(1) All Provision(s) shall come into effect upon passage.
Section 3. Reasoning
(1) Remove potential issues in the future presented from bias within the Judicial and the Council of Ministers.
Section 4. Constitutional Amendment 1
(1) Amend Section 2, Subsection 1, Clause IV to
(IV) During a case, either the plaintiff or the defendant can choose to file a motion to recuse the presiding Judge. The motion requires evidence that the Judge has a conflict of interest or cannot provide a fair trial. Following the motion, the Judge can choose whether or not to recuse themselves, or a majority (50%, rounded up) support from all Judges would forcibly recuse a presiding Judge. In the event there are not enough Judges to forcibly recuse a presiding Judge, a Magistrate in Tempore must be appointed to determine whether a recusal is justified or not.
(2) Amend Section 2, Subsection 1, Clause V to
(V) In the event a Judge is recused from a case, that Judge will be replaced by another judge. In the event none of the appointed judges can preside over a case, the case will be presided over by a Magistrate in Tempore. A Magistrate in Tempore is nominated by the Chairman of the Stratham Bar Association with the majority approval of the Council (50%, rounded up). In the event the Chairman of the Stratham Bar Association is the plaintiff or defendant the Council of Minister shall nominate and appoint a person to the position of Magistrate in Tempore. In the event the Council of Ministers has a bias in the case, the Chairman of the Stratham Bar Association will appoint the Magistrate in Tempore.
(A) This position, once confirmed, will have all discretionary powers of a member of the Judiciary but may only preside over the case they were appointed for.
(B) Once the Case has come to a close, the Magistrate in Tempore will automatically resign their position.
(C) Magistrates in Tempore must meet the requirements of a Judge.
Section 5. Constitutional Amendment 2
(1) Amend Section 4, Legal rights, Clause I to
(I) Players will have the right to a fair and speedy trial. If the judge presiding over the case has a conflict of interest, the player may request a new judge. If a player feels like a case was heard unfairly, they have the right to file for an appeal.
Authored by Ryan_88 on behalf of the people.