Law:The Judicial Retirement Act: Difference between revisions

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(Created page with " === 43RZ15 === ==== The Judicial Retirement Act ==== WHEREAS Justices, Judges and Magistrates have a tendency to fall inactive andWHEREAS inactive courts can gunk up the work...")
 
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=== 43RZ15 ===
=== 43RZ15 ===
==== The Judicial Retirement Act ====
==== The Judicial Retirement Act ====
WHEREAS Justices, Judges and Magistrates have a tendency to fall inactive andWHEREAS inactive courts can gunk up the works and
'''WHEREAS''' Justices, Judges and Magistrates have a tendency to fall inactive andWHEREAS inactive courts can gunk up the works and


WHEREAS we can always remove inactive Jurists but
'''WHEREAS''' we can always remove inactive Jurists but


WHEREAS removing someone from office carries with it a certain degree of embarrassment so
'''WHEREAS''' removing someone from office carries with it a certain degree of embarrassment so


THEREFORE, a system of Judicial Retirement is established.
'''THEREFORE''', a system of Judicial Retirement is established.


1. Justices of the Uppermost Cort and Judges of any inferior court, may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative.
# Justices of the Uppermost Cort and Judges of any inferior court, may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative.
 
# Justices (or Judges) may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article XVI Section 1 of the Organic Law. In such case, the Ziu shall stipulate whether the removal is punitive in nature or simply to compel retirement. In either case, such measure shall include a clear and objective narrative which highlights the misconduct or negligence which resulted in a punitive removal from office, or the merits and career highlights of a retired Jurist, respectively.
2. Justices (or Judges) may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article XVI Section 1 of the Organic Law. In such case, the Ziu shall stipulate whether the removal is punitive in nature or simply to compel retirement. In either case, such measure shall include a clear and objective narrative which highlights the misconduct or negligence which resulted in a punitive removal from office, or the merits and career highlights of a retired Jurist, respectively.
# Retired Justices shall enjoy the style "Very Honourable Mister/Madame" for life in commemoration of their service to the Nation, and may use the title "Justice Emeritus."
 
# Retired Judges or Magistrates shall enjoy the style "Honorable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate."
3. Retired Justices shall enjoy the style "Very Honourable Mister/Madame" for life in commemoration of their service to the Nation, and may use the title "Justice Emeritus."
# Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the Royal Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the Royal Talossan Bar enabling the holder to engage in the practice of law.
 
# Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted.
4. Retired Judges or Magistrates shall enjoy the style "Honorable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate."
# Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted.
 
# Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns his/her citizenship and shall be considered revoked if the retiree has his/her citizenship terminated by a Court of the Realm.
5. Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the Royal Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the Royal Talossan Bar enabling the holder to engage in the practice of law.
 
6. Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted.
 
7. Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted.
 
8. Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns his/her citizenship and shall be considered revoked if the retiree has his/her citizenship terminated by a Court of the Realm.


Uréu q'estadra sa:
Uréu q'estadra sa:


T.M. Asmourescu (Minister of Justice and Law Reform)
T.M. Asmourescu (Minister of Justice)

Revision as of 11:43, 11 August 2012

43RZ15

The Judicial Retirement Act

WHEREAS Justices, Judges and Magistrates have a tendency to fall inactive andWHEREAS inactive courts can gunk up the works and

WHEREAS we can always remove inactive Jurists but

WHEREAS removing someone from office carries with it a certain degree of embarrassment so

THEREFORE, a system of Judicial Retirement is established.

  1. Justices of the Uppermost Cort and Judges of any inferior court, may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative.
  2. Justices (or Judges) may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article XVI Section 1 of the Organic Law. In such case, the Ziu shall stipulate whether the removal is punitive in nature or simply to compel retirement. In either case, such measure shall include a clear and objective narrative which highlights the misconduct or negligence which resulted in a punitive removal from office, or the merits and career highlights of a retired Jurist, respectively.
  3. Retired Justices shall enjoy the style "Very Honourable Mister/Madame" for life in commemoration of their service to the Nation, and may use the title "Justice Emeritus."
  4. Retired Judges or Magistrates shall enjoy the style "Honorable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate."
  5. Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the Royal Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the Royal Talossan Bar enabling the holder to engage in the practice of law.
  6. Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted.
  7. Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted.
  8. Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns his/her citizenship and shall be considered revoked if the retiree has his/her citizenship terminated by a Court of the Realm.

Uréu q'estadra sa:

T.M. Asmourescu (Minister of Justice)

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