WHEREAS too often in recent times the Magistrates Court has been non-functional due to conflicts with the Organic Law and El Lexhatx; and
WHEREAS this is a problem that affects the smooth operation of the Cort system;
THEREFORE be it resolved by the Ziu that Title G Section 10 which currently reads:
10. There shall be a Magistrate's Court (Cort dels Edilicieux) for the trial of all cases arising under the laws of the Kingdom of Talossa, both civil and criminal. (39RZ18)
10.1. The Magistrate Court shall consist of not less than two and no more than three Magistrates. No member of the Uppermost Cort and/or person(s) barred by Article XVI, Section 3 of the Organic Law, from being a Judge and/or non-citizens may be a Magistrate. Magistrates shall be chosen and removed as provided in Article XVI, Section 1 & Section 4 of the Organic Law.
10.2. Except as otherwise provided by law, or rule or order of court, the judicial power of the Magistrate's Court with respect to any action, suit or proceeding may be exercised by a single magistrate, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other magistrates.
10.3. The business of the Magistrate's Court shall be divided among the magistrates as provided by the rules and orders of the court. The magistrates shall elect one of their number as Chief Magistrate, who shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.
10.4. Any final judgment of the Magistrate's Court (and such other magistrate's orders as are made appealable by the rules and orders of the Uppermost Court) may be appealed to the Uppermost Court. The time and procedures for bringing such appeals may be specified by the rules and orders of the Uppermost Court, but in the absence of such rules appeals of a Magistrate's Court judgment must be filed with the Uppermost Court within 15 days of the date the judgment is issued by the magistrate.
10.5. In any criminal trial, no sentence of banishment or revocation of citizenship recommended by the Magistrate's Court shall be effective unless approved by a unanimous vote of the Uppermost Cort.
Shall be amended to read:
10. There shall be Magistrate Courts (Corts dels Edilicieux) for the trial of all cases arising under the laws of the Kingdom of Talossa, both civil and criminal. (39RZ18)
10.1. The Magistrate Courts shall consist of not less than two and no more than three separate Magistrate Courts, each magistrate distributed to separate chambers. No member of the Uppermost Cort and/or person(s) barred by Article XVI, Section 3 of the Organic Law, from being a Judge and/or non-citizens may be a Magistrate. Magistrates shall be chosen and removed as provided in Article XVI, Section 1 & Section 4 of the Organic Law.
10.2. Except as otherwise provided by law, or rule or order of court, the judicial power of the Magistrate Courts with respect to any action, suit or proceeding shall be exercised by a single magistrate, who shall preside alone and hold a regular or special session of court at the same time other sessions are held by other magistrates.
10.3. The business of the Magistrate Courts shall be divided among the individual magistrates as provided by the rules and orders of the courts. The magistrates shall elect one of their number as Chief Magistrate, who shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.
10.4. Any final judgment of a Magistrate's Court (and such other magistrate's orders as are made appealable by the rules and orders of the Uppermost Court) may be appealed to the Uppermost Court. The time and procedures for bringing such appeals may be specified by the rules and orders of the Uppermost Court, but in the absence of such rules appeals of a Magistrate's Court judgment must be filed with the Uppermost Court within 15 days of the date the judgment is issued by the magistrate.
10.5. In any criminal trial, no sentence of banishment or revocation of citizenship recommended by a Magistrate's Court shall be effective unless approved by a unanimous vote of the Uppermost Cort.
FURTHERMORE The following sections of El Lexhatx shall also be amended:
Title A Section 9.5 which currently reads:
9.5. All members of the Ziu, the Cabinet, the Uppermost Court, the Magistrate's Court, the Chancery, or the Royal Treasury must report the following information to the Ministry of Foreign Affairs within 15 days of assuming the aforementioned office or of a change in micronational status, whichever is later:
Shall be amended to read:
9.5. All members of the Ziu, the Cabinet, the Uppermost Court, the Magistrate's Courts, the Chancery, or the Royal Treasury must report the following information to the Ministry of Foreign Affairs within 15 days of assuming the aforementioned office or of a change in micronational status, whichever is later:
Title C Section 1.7.2 which currently reads:
1.7.2. Dismissed secretaries shall be entitled to an appeal of their removal. The dismissed party may contest their dismissal by bringing complaint before the Magistrate's Court. The court shall consider if any of the petitioners rights, afforded by Organic, statutory or civil law code, have been violated. The court shall have the authority to order reinstatement where appropriate or dismiss the complaint, thus sustaining the dismissal.
Shall be amended to read:
1.7.2. Dismissed secretaries shall be entitled to an appeal of their removal. The dismissed party may contest their dismissal by bringing complaint before a Magistrate's Court. The court shall consider if any of the petitioners rights, afforded by Organic, statutory or civil law code, have been violated. The court shall have the authority to order reinstatement where appropriate or dismiss the complaint, thus sustaining the dismissal.
Uréu q'estadra så: Txec Róibeard dal Nordselva - (MC-RUMP)
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