Post by E.S. Bornatfiglheu on Apr 22, 2016 20:27:45 GMT -6
Assuming that this was the Justice act passed in the thread referenced by S:reu Perþonest (and the timing is about right)... it would appear that the province of Benito already HAS a judiciary, just nobody occupying the slot. Indeed it seems that it has been empty for about 7 years.
However, as this court has been created without the provincial Constitution being amended to reflect it having original jurisdiction in matters of provincial law, it would appear we have something of an appendectal institution.
Folks did seem interested in my suggestion of citizen arbitration, however. So might we want to replace the current system? After all, we already have a lot of overlap in our governmental positions (Assemblymen/Senators... many of whom also sit in the national parliament... etc).
If there is still interest in citizen arbitration, then I plan to offer an appropriate proposal (and accompanying Constitutional amendment) to the Assembly next week.
WHEREAS the Province of Benito is a sovereign political subdivision of the Kingdom of Talossa and
WHEREAS our society develops further each day and
WHEREAS we are presently a society of laws, but with no legal structure to enforce or interpret them so
THEREFORE, in accordance with the Constitution of the Sovereign Province of Benito, the Provincial Court System is hereby established.
1. The High Court of Benito shall consist of not less than one and not more than three justices appointed by the Vicere upon the recommendation by the Maestro. Each Justice shall by titled "Justice" and styled "Honourable."
2. Justices shall serve for one calendar year, at which time, they may be reappointed by the Vicere or step down from the bench. Justices shall be removed from office upon resignation, death or for unsuitability by the provincial chancellery.
3. The provincial chancellery may remove a Justice for the non-punitive reasons of disability rendering the justice incapable of performing as a Provincial Justice and for the punitive reason of misconduct. A Justice shall be removed for misconduct following a conviction, by a Provincial Court or a Court of the Kingdom, for one or more felonies.
4. Justices shall not issue verdicts before hearing from both parties in a case and shall base their decisions, insofar as they are able, upon relevant precedent and their reading of the law.
5. Justices may issue orders to individuals, organizations and the provincial government that they cease-and-desist an activity conducted within the Province. Failure to comply with said order will result in a charge of contempt of court.
6. The High Court of Benito shall also maintain a register of attorneys licensed to practice before it. The following persons may be admitted to practice before Benitian Corts:
a)Attorneys, Solicitors, Barristers and Lawyers Admitted to the Royal Talossan Bar and/or
b)Any person deemed in possession of the knowledge, skills and moral fortitude to practice law before the Benitian High Court.
7. All decisions made by the Benitian High Cort may be appealed to the Uppermost Cort.
WHEREAS our society develops further each day and
WHEREAS we are presently a society of laws, but with no legal structure to enforce or interpret them so
THEREFORE, in accordance with the Constitution of the Sovereign Province of Benito, the Provincial Court System is hereby established.
1. The High Court of Benito shall consist of not less than one and not more than three justices appointed by the Vicere upon the recommendation by the Maestro. Each Justice shall by titled "Justice" and styled "Honourable."
2. Justices shall serve for one calendar year, at which time, they may be reappointed by the Vicere or step down from the bench. Justices shall be removed from office upon resignation, death or for unsuitability by the provincial chancellery.
3. The provincial chancellery may remove a Justice for the non-punitive reasons of disability rendering the justice incapable of performing as a Provincial Justice and for the punitive reason of misconduct. A Justice shall be removed for misconduct following a conviction, by a Provincial Court or a Court of the Kingdom, for one or more felonies.
4. Justices shall not issue verdicts before hearing from both parties in a case and shall base their decisions, insofar as they are able, upon relevant precedent and their reading of the law.
5. Justices may issue orders to individuals, organizations and the provincial government that they cease-and-desist an activity conducted within the Province. Failure to comply with said order will result in a charge of contempt of court.
6. The High Court of Benito shall also maintain a register of attorneys licensed to practice before it. The following persons may be admitted to practice before Benitian Corts:
a)Attorneys, Solicitors, Barristers and Lawyers Admitted to the Royal Talossan Bar and/or
b)Any person deemed in possession of the knowledge, skills and moral fortitude to practice law before the Benitian High Court.
7. All decisions made by the Benitian High Cort may be appealed to the Uppermost Cort.
Folks did seem interested in my suggestion of citizen arbitration, however. So might we want to replace the current system? After all, we already have a lot of overlap in our governmental positions (Assemblymen/Senators... many of whom also sit in the national parliament... etc).
If there is still interest in citizen arbitration, then I plan to offer an appropriate proposal (and accompanying Constitutional amendment) to the Assembly next week.