Law:The Clerk of Courts Act: Difference between revisions
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=== 42RZ4 — The Clerk of Courts Act === | |||
'''WHEREAS''' we have a legal system which continues to develop and grow with our Kingdom and | |||
'''WHEREAS''' there has been some criticism of the manner in which court cases were handled in terms of timeliness, and | |||
WHEREAS | '''WHEREAS''' we presently have no formal means of bringing action against a person or entity through our system of Courts so, now | ||
'''THEREFORE''' we establish the office of Clerk of Courts. The Clerk shall be an apolitical position appointed by the reigning Monarch upon recommendation of the Prime Minister and shall serve in the following capacities: | |||
# The clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number. | |||
# The clerk shall then assign the case to a Judge, Magistrate or Justice in the lowest court holding jurisdiction over the matter. | |||
# Judicial assignments shall be made in descending order of seniority. In cases where a clear conflict of interest should arise, the clerk shall assign the case to the next jurist in that order. | |||
# The clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference. | |||
# This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose. | |||
# Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference. | |||
# The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment. | |||
# The individual holding the office of Clerk of Courts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of Courts, or any deputy thereunder, while simultaneously holding office as a Justice, Judge or Magistrate of the Uppermost Cort or any national inferior court. | |||
# The Clerk of Courts serves at the pleasure of the King and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of Courts may be removed from office by Prime Dictate. | |||
# Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Court, a felony, and shall suffer a punishment to be determined by the court. | |||
Uréu q'estadra sa: | Uréu q'estadra sa: | ||
Capt. T.M. Asmourescu, | <br />Capt. T.M. Asmourescu (Senator, Benito) | ||
{{ScribeAuth}} | |||
Revision as of 14:58, 11 August 2012
42RZ4 — The Clerk of Courts Act
WHEREAS we have a legal system which continues to develop and grow with our Kingdom and
WHEREAS there has been some criticism of the manner in which court cases were handled in terms of timeliness, and
WHEREAS we presently have no formal means of bringing action against a person or entity through our system of Courts so, now
THEREFORE we establish the office of Clerk of Courts. The Clerk shall be an apolitical position appointed by the reigning Monarch upon recommendation of the Prime Minister and shall serve in the following capacities:
- The clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number.
- The clerk shall then assign the case to a Judge, Magistrate or Justice in the lowest court holding jurisdiction over the matter.
- Judicial assignments shall be made in descending order of seniority. In cases where a clear conflict of interest should arise, the clerk shall assign the case to the next jurist in that order.
- The clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference.
- This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose.
- Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference.
- The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment.
- The individual holding the office of Clerk of Courts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of Courts, or any deputy thereunder, while simultaneously holding office as a Justice, Judge or Magistrate of the Uppermost Cort or any national inferior court.
- The Clerk of Courts serves at the pleasure of the King and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of Courts may be removed from office by Prime Dictate.
- Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Court, a felony, and shall suffer a punishment to be determined by the court.
Uréu q'estadra sa:
Capt. T.M. Asmourescu (Senator, Benito)
