QUANGAJoin Date: 2011-03-17
Post Count: 13151 |
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AMENDMENT IV - JUDICIAL OPERATIONS :
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Article I: The Judicial Branch shall only ever consist of 1 CCJ, 2 Assistant CCJ’s, 5 SCJ’s, 1 Appeals Advisor, 3 Appeals Justices, 1 Justice Advisor and 7 Court Justice’s. Should this limit ever change, this Article must be amended by the appropriate entity.
Article II: The CCJ and his / her Two(2) ACCJ’s can and will administer proper punishment, be it demotion, or making someone “Criminal/ Prisoner on Trial,” or whatever rank ensures those who are “Criminal’s,” or “Trouble Causers,” should the name Criminal/ Prisoner on Trial ever be renamed in the future. Such people made on C/PoT MUST have been proven guilty beforehand, in the court of law.
Article III: The S.C. (SCJ-CCJ) may strike down any article that they feel goes against the Constitution or Bill of Rights via a vote reaching a Supermajority. This also means striking down legislation, excluding Amendments, and Executive Orders that limit power on any other branch of government- to ensure Checks & Balances amongst all branches of government. A Supermajority is considered 2/3 of the Justice’s votes.
Article IV: Appeals Justices ONLY conduct cases that have been appealed from the previous case, having been hosted by a Court Justice. To request an appeal case, you must point out an obvious error of law during the previous case hosted by the CJ. Once you feel you have found an error of law, you must message an Appeals Justice of your choice, and point it out via screenshots / video proof. Failure to provide either picture / video proof will result in the Appeals Justice ignoring the request of an appeals case.
Article V: SCJ’s, along with doing their work as stated in C.I.III, can handle cases that have been appealed from an appeals case, known as a “S.C.C.” A S.C.C. also means that what the Judge verdicts, goes- no further questions asked, and no more appealing afterward, on the Defendant, and ONLY the Defendant’s part. To reach a S.C.C., the Defendant would have had to prove an error of law in the Appeals case, of his/ her original case, proper proof granted, however, and message a SCJ, an ACCJ, or the CCJ- as a last option. The SC ONLY conducts cases regarding EVERYONE except Cabinet and higher.
Article VI: Reports of abuse on ANY Justice’s part (CJ-ACCJ,) shall be sent to the CCJ, or his/ her 2 ACCJ’s. If it is an ACCJ that is suspected of conducting abuse, then only message the CCJ about it. ALL Justice’s, again, CJ-ACCJ, get 2 “chances.” A chance may only be taken away via legible screenshot/ video proof showing that Justice in the wrong. Once a Justice loses both his/ her chances, he/ she will be fired by the CCJ or his/ her 2 ACCJ’s- no questions asked. If a Justice is ever caught being biased in his/ her case (example: choosing a friend as a victor of the case, even when all the evidence proves him/ her guilty,) citizens are asked to take screen shots, or record a video, and send it to the CCJ or one of his two ACCJ’s. They will fire the said Justice, no questions asked, IF the proof does, indeed, show the Justice being biased.
Article VII: The CCJ and his/ her 2 ACCJ’s may appoint new CJ’s and AJ’s via tryouts hosted at approved places, approved meaning approved by the CCJ. Should new CJ’s and AJ’s be needed, they must make up the proper amount, as stated in C.I.I. SCJ’s may, too, be hired by ACCJ’s and the CCJ, ONLY by approval on all 3 person’s vote in private / a place of their choosing, again, not going over the set limit in C.I.I.
Article VIII: The Justice Advisor and Appeals Advisor, may, as well, promote new CJ’s / AJ’s. However, should, for example, the Justice Advisor hire a new CJ, it may ONLY be a CJ, NOT an AJ. The same goes with the Appeals Advisor only being able to hire AJ’s, and NOT CJ’s.
Article IX: ONLY Court Justice’s, Appeals Justice’s, SCJ’s, ACCJ’s, the CCJ, and TRC HR’s and higher (in TRC) may issue an “Arrest on Sight order” or warrant in cities. To call an AoS order, the person who orders it MUST have suspicion beyond a reasonable doubt about the supposed criminal / trouble causer. The person whom also issues the AoS may use admin, SO LONG as it is not repetitive enough to be considered abuse, in which case, if someone believes it may be so, they are recommended to record/ take screen shots, and do what C.I.VI says to do. Warrants issued include Audit Logs, Admin Logs, etc., but may result in removal of the Justice requesting it if warrants are abused and used for no valid reason.
Article X: Those whom are found innocent in a trial, be it a normal one, an appeals one, or a S.C.C. one, may NOT be tried again for the same reasoning, to ensure proper justice on those who prove themselves innocent in the court of law. However, this is limited, those, for example, who kill, and are proven innocent, may still be tried for killing again, since it is not the same setting / time / any other reasoning.
Article XI: Any further questions / concerns may be addressed to the Department of Justice head, the CCJ, or one of his / her 2 ACCJ’s.
Article XII: Those who are already a Government Official within Rockport, may not run for / obtain the rank of Director or higher in any other department of Rockport- to ensure not one person has more power than the next. TRC HC+ may not be a Mayor+ unless they are the designated TRC Representative, as stated in C.II.I.
Article XIII: When someone is brought to court, both the Defendant and the Prosecution have 10 minutes to show up, otherwise, the court will be in favor of whomever did show up, and charges will be pressed to the party that did not show up, aka: ditching a set court date. However, should a party present reasoning to the Judge via a message on ROBLOX- and ROBLOX ONLY, regarding why they cannot show, the case will be considered a mistrial, and done again later. If neither party shows, the case will be closed, and dismissed.
Article XIV: When you request a trial against someone, you must message a Court Justice the following information: Whom you’re suing, the details, and a prefered time. From there, the Court Justice will organize the proposed time to where it is workable for both the Defendant and the Judge him/ herself.
Article XV: When you message a Court Justice/ Appeals Justice about organizing a case/ appeals case, they have 1 (one) day to respond to said request, if they do not, however, and it is proven that it has been, indeed, 24 or more hours since the message was sent, you may message the CCJ or 1 (one) of his/ her 2 (two) ACCJ’s about the matter, so that they may attend to it. However, if the CJ/ AJ you message has visible proof stating he/ she would be gone for a day or more, they will be excused from this. ONLY if it is proven they are gone.
Article XVI: Cases may only ever be held at the Remmington courthouse (or whatever city that will have a DoJ courthouse,) or any courthouse that has been approved by the CCJ, and ONLY the CCJ.
Article XVII: Should the Defendant of a case lose, the Judge in charge of it may administer proper punishment, however, it may not go against Amendment VI of the Bill of Rights. If the case is a Bench Trial, then the Judge, and only the Judge, may administer the proper punishment. If the case is a Jury Trial, then the proper punishment will be administered by the Jury, and stated from the Jury Head.
Article XVIII: Should any S.C. member come across a new bill / proposition / Executive Order that he / she feels goes against the Constitution/ checks and balances of all 3 branches, he / she may address it to his/ her fellow S.C. members, and ask for a vote on whether or not it shall be struck down.
Article XIX: The Justice Advisor may host activity checks for the CJ’s one week after the previous one, if a CJ does not respond to the activity check initiated by the Justice Advisor, and there is no pre-notice of reason explaining why the CJ should fail to respond, he/ she will be demoted- no questions asked. The same system goes for the Appeals Advisor with his Appeals Justice’s.
Article XX: Even further information on the Department of Justice may be found in its Handbook, which is in the DoJ’s description.
Article XXI: The SC may strike down on any unconstitutional Executive orders. To ensure checks and balances, the SC must reach a ⅔ vote to strike down the order.
Article XXII: The SC may strike down SoE’s that are unnecessary. To ensure checks and balances, the SC must reach a ⅔ vote to strike down the order. There must be valid reasoning and if it gets struck down, the information regarding the striking down the SoE must be released to the public. |