Law:47RZ39 The Judicial Merry-Go-Round Amendment
 EPHEMERAL STATUS |
LEGEU |
It amends the following: |
 Cosă: PASSED |
| Per 164 — Con 0 — Aus 5 |
 Senäts: PASSED |
| Per 6 — Con 0 — Aus 1 |
 Referendum: PASSED
|
L'Anuntziă dels Legeux |
View Clark Result |
WHEREAS comprehensive judicial reform has been talked about for a long time; and
WHEREAS our current judicial system is for all intents and purposes broken and slow to respond; and
WHEREAS while this amendment only starts to address the issue it is a start
THEREFORE be it resolved by the Ziu and presented to the electorate for ratification that Organic Law Article XVI Sections 1-4 which currently reads:
Section 1
The judicial power of Talossa shall be vested in one Cort pü Înalt, in English the Uppermost Cort, and in such inferior courts as the Cosâ may from time to time establish. The judges, both of the Uppermost and inferior courts, shall be elected in accordance with Article XVI, 16.4, and shall hold their offices for life (or until resignation), and may only be removed by a two-thirds vote in the Cosâ with approval by the King and the Senäts.
Section 2
The Cort pü Înalt (Uppermost Cort) shall consist of three Justices. The three members of the Uppermost Cort are co-equal for all purposes. However, the Justice which has served on the Cort for the longest overall period of time is designated ceremonially as "Senior Justice." Other, inferior courts, shall consist of as many judges as are established by law. All courts must have an odd number of judges.
Section 3
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal shall be a Justice of the Uppermost Cort or a judge in any inferior court that the Ziu may create. Nor shall any Senator or Member of the Cosa be a Justice of the Uppermost Cort.
Section 4
In the event of a vacancy, either in the Cort pü Înalt or in an inferior court, any member of the Ziu may nominate a replacement. The nominee shall be approved by a two-thirds vote in the Cosâ and a majority vote in the Senäts in favour of his appointment. Upon such approval and upon making the declaration subscribed in subsection (b), the King shall appoint the nominee as a Judge of the Cort pü Înalt or in an inferior court and he shall then take his seat for life upon the court. The King may, stating his reasons for doing so, refuse to appoint the nominee, in which case the Ziu shall re-consider the nominee or nominate a new nominee. If after re-consideration of the nominee, two-thirds of the Cosâ and a majority of the Senäts have approved the nomination, then the King may not refuse to appoint the nominee as a Judge of the Cort pü Înalt or in an inferior court.
(b) Every person appointed a judge shall publically make to the Citizens of Talossa and subscribe to the following declaration:
"I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of [Senior Justice of El Cort Pü Inalt] (or as the case may be) without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm."
(c) The declaration in subsection (b) shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment. Any judge who declines or neglects to make such declaration as aforesaid, within this timeframe, shall be deemed to have resigned his office.
Shall be amended to read:
Section 1
The judicial power of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, and in such inferior courts as the Cosâ may from time to time establish. The judges of the Cort pü Inalt and any inferior courts shall be elected in accordance with Article XVI, Section 4, and shall hold their offices for life (or until resignation), and may be removed by either a two-thirds vote in the Cosâ with approval by the King and the Senäts or due to inactivity as defined by failure to act, rule, or appear in an open case the justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote.
Section 2
(a) The Cort pü Inalt shall consist of five Justices.
(b) Any justice may serve as a trial judge in any case brought before the judiciary.
(c) Appeals to any trial judge rulings shall be heard by a quorum of three Justices (or by a single justice as described in Article XVI Section 8). The original trial judge may serve on the appeals panel if no other justice is available to fill a quorum.
(d) The five members of the Cort pü Inalt are co-equal for all purposes. However, the Justice which has served on the Cort pü Inalt for the longest overall period of time is designated ceremonially as "Senior Justice."
Section 3
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal, nor any public prosecutor, nor any Senator shall be a Justice of the Cort pü Inalt.
Section 4
(a)In the event of a vacancy in the Cort pü Inalt, any member of the Ziu may nominate a replacement. The nominee shall be approved by a two-thirds vote in the Cosâ and a majority vote in the Senäts in favour of his appointment. Upon such approval and upon making the declaration subscribed in subsection (b), the King shall appoint the nominee as a Justice of the Cort pü Inalt and he shall then take his seat for life. The King may, stating his reasons for doing so, refuse to appoint the nominee, in which case the Ziu shall re-consider the nominee or nominate a new nominee. If after reconsideration of the nominee, two-thirds of the Cosâ and a majority of the Senäts have approved the nomination, then the King may not refuse to appoint the nominee as a Justice of the Cort pü Inalt.
(b) Every person appointed a justice shall publically make to the Citizens of Talossa and subscribe to the following declaration:
"I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of [Justice of El Cort pü Inalt] without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm."
(c) The declaration in subsection (b) shall be made and subscribed by every justice before entering upon his duties as such justice, and in any case not later than ten days after the date of his appointment. Any justice who declines or neglects to make such declaration as aforesaid, within this timeframe, shall be deemed to have resigned his office.
BE IT FURTHER RESOLVED that Article XVI Section 8 is hereby amended to read:
No court shall issue any authoritative decision without the fullest opportunity for all members assigned to a case to consider the case in question. However, a single Justice of the Uppermost Cort may hear a case on his own if this is acceptable to at least two other members of the Cort. He shall be appointed to do so by majority vote of the entire five-person Cort. If, after every reasonable attempt is made to contact all other members of the Cort, and three weeks (21 days) has passed since initial contact without any response, their silence shall be read as consent that an individual Justice may hear the case in question on his own. The duly nominated (either by active agreement or silence) Justice shall render a decision on the case as if he were a majority of the whole Cort. His decision becomes that of the Cort itself and may not be appealed nor shall it establish binding precedent in future cases.
ADDITIONALLY Article XVI Section 14 is repealed.
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