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Bill: High Court Document

Details

Submitted by[?]: Wessex High Imperial Party

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: August 2520

Description[?]:

"Pursuant to the re-establishing of the High Court of Pontesi, I have streamlined the nomination process. Please review the current document and make suggestions during debate mode before I send it up for vote."
--Sandy O'Connor, Chancellor of Justice

The High Court of Pontesi: Functions and Regulations

I. The court will be known as the High Court of Pontesi

II. Make-up
A. Five Magistrates will make up the High Court, with one acting Head Magistrate
who is voted into that position by the five magistrates themselves (duties of the
Head Magistrate will be treated separately later in this document.) These five
magistrates will assume their positions in the following manner:
i. Only for the first High Court
1. Each region will send one magistrate to sit for a period of 8, 16 ,24,
32 ,40 years (game time) on the court. These initial terms will
correspond respectively with the largest to smallest region.
2. Only a party who controls a region can send a magistrate to the first
convocation of the High Court. If a party controls more than one region
at the time the first court is convened, that party must recommend
another party to send one of the first five magistrates. No more than
one magistrate per party on the first High Court will be allowed.
ii. Subsequent vacancies
1. Will be filled every 40 years (game time)
2. Will be filled in the following manner:
a. When a vacancy occurs, the High Court tells the Chancellor
of the Empire to call for nominations for the empty seat
b. Every party will have the opportunity to send one name forward
for nomination. The nomination period will close after 6 months game time.
c. The Chancellor of the Empire will select one nominee from the
list of nominees to recommend to Parliament for approval.
d. If the nominee is approved by Parliament by majority vote, the
nominee assumes the vacancy for the aforementioned 40 year term.
e. If the nominee is not approved, the Chancellor of the Empire must
choose another nominee from the original list to place before the
Parliament for approval
f. If the Parliament does not approve any candidates chosen by the
Chancellor of the Empire, steps a-c is repeated until the vacancy
is filled.
i. In the case where a magistrate dies in office, the High Court
calls for nominees to fill the vacancy on an emergency basis, and steps
a-c are repeated until the vacancy is filled.


III. Powers and Purpose
A. The powers and purpose of the High Court will be:
1. to weigh and rule on the constitutionality of any issue placed before it by a
Pontesi citizen
a. this will be via role play mainly: occasionally, a Pontesi citizen may
“challenge the law” as the Parliament has passed it. These will be
treated on a case-by-case basis by the High Court.
b. It will take 3/5 majority to rule one way or the other on the issue.
c. If the court decides in the citizen’s favor, and it the decision of the
High Court is in direct conflict with the law, the law must be changed
by parliament
d. Parliament may overturn a decision of the High Court with a 2/3 vote.
2. to try any member of the Cabinet for any crime that he or she may commit
while in office
a. 2/3 of the Parliament must vote to try a member of the cabinet
in the High Court
b. 3/5 of the High Court must vote to convict the member of the
Cabinet
c. If convicted, the member of the Cabinet must resign his or her post.


IV. Procuring Cases
A. anyone can send to Head Magistrate a potential case—these should be sent publically
B. the Head Magistrate will choose which case to place under review by the High Court
and deem it "open"—all to take place during the debate mode of the bill
C. No more than two cases may be open at any given time
D. After the High Court rules on an "open" case, the Head Magistrate will post the Major,
Concurring and any Dissenting opinions appropriately
E. and then the Head Magistrate would choose another case to place before the High Court.


V. Trying Cases
A. The Chancellor of Justice acts as the chief prosecutor for Pontesi when a case is tried
before the High Court.
1. The Chancellor of Justice may name someone in his or her stead to try
a case before the High Court
B. Anyone who stands accused or who brings a matter to the High Court for
consideration may elect to represent himself or herself to the High Court or may
have an attorney appointed, at state expense, to represent him or her

VI. Rendering Verdicts
A. After the High Court debates and rules on an issue, the Head Magistrate will be
responsible for gathering the Majority, Dissenting and/or Concurring opinion, written
by one of the other magistrates, or the Head Magistrate.
B. The Head Magistrate will be responsible for informing the Chancellor of the Empire
and Parliament the decision of the court.
C. The Head Magistrate will be responsible for posting the decision of the court,
with all opinions, in the Pontesian Enquirer

VII. Other functions of the Head Magistrate
A. Aside from those enumerated above, the Head Magistrate will keep record of all
cases and verdicts, under separate cover, placed before the High Court for
consideration and debate. (this will be done to keep a handy record of decisions)
B. At the end of his or her term, the Head Magistrate will pass the documents to the
new Head Magistrate and the current Chancellor of Justice so that precedents
may be followed appropriately by the High Court
C. The Head Magistrate will keep a running record of every magistrate’s name
and term in office, and “manage” the High Court’s vacancies

Proposals

Debate

These messages have been posted to debate on this bill:

Date02:01:35, January 21, 2008 CET
FromWessex High Imperial Party
ToDebating the High Court Document
MessageDoes anyone have any suggestions, or shall I put this to vote?

subscribe to this discussion - unsubscribe

Voting

Vote Seats
yes
      

Total Seats: 288

no
 

Total Seats: 19

abstain
 

Total Seats: 18


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