Provincial Hopper

[Deleted]

Just a reminder, everyone. The provincial hopper is located in Lorentizio Commons on the Provincial Website benito.moonfruit.com I posted something for consideration in the next session, but encourage all of you to draft some legislation to help Benito thrive.

Check it out.

[Deleted]

The Benitian High Court Act

WHEREAS the sovereign province of Benito has a Constitution and

WHEREAS to meet the needs of the people, we are called upon to pass additional laws and

WHEREAS the province is in need of individuals who will interpret and make sound legal judgments with this law in mind so

THEREFORE, the High Court of the Province of Benito is established as the official judicial arm of this Province.

1. The High Court shall consist of not less than 1 Judge and not more than 3 Judges, who shall be titled as "Judge" while enjoying the style of "Honourable."

2. While the Uppermost Cort claims primary jurisdiction on all criminal or civil matters, it shall be understood that these matters shall be handled by the High Court of Benito when they concern alleged violations of Benitian Law or criminal matters between two or more citizens of Benito.

3. Each case shall be assigned to a Judge who shall make a determination based upon reasonable interpretation of Provincial and Talossan Law. Any decision may then be appealed to the High Court for review by the remaining Judges who may overturn or uphold the earlier ruling. Decisions of the High Court may be appealed to the Uppermost Court but shall be considered binding until such time as the Uppermost Court rules otherwise.

4. Judges shall be appointed to their office by the Maestro, with majority approval of the Provincial Chancellery, for a lifetime term. They may be removed from office through resignation, or a measure of the Provincial Chancellery on the grounds of incompetence or dereliction of official duties , or by court order following a conviction in a Talossan or Benitian court for judicial misconduct.

5. No person shall hold the office of Judge in the Benitian High Court or in any inferior court established by the Provincial Chancellery while simultaneously holding the office of Vicere, Senator or Maestro, nor shall a seated Judge hold any more than one seat in the Chancellery.

6. The High Court of Benito is permitted to enforce Provincial Law by imposing reasonable sanction upon government entities, private organizations and residents within the Province. The Court may issue orders to parties under their jurisdiction, including government entities which include but are not limited to:

a. Cease-and-Desist: Whereby the Court orders one or more parties to cease a specified activity immediately. Violation of this order will be considered contempt of court, a misdemeanor.

b. Order of Specific Performance: Whereby the court orders one or more parties to perform an act. Violation of this order will be considered contempt of court, a misdemeanor.

7. Any person found guilty of a felony shall suffer punishment no greater than a lifetime bar against holding provincial office or provincial service and 1 year imprisonment. Any person found guilty of a misdemeanor shall suffer punishment no greater than a 3 month bar from provincial service.

8. Public service shall be defined as any staff position appointed by a member of the Provincial government, any public office to which an individual is appointed or elected or membership in the Provincial Bar.

9. No Judge or court within the Province shall issue any order designed to limit the authority of the reigning Monarch or the Vicere. However, when the actions of either monarch or Vicere are in conflict with Provincial or Talossan Law, protective orders may be issued protecting citizens from prosecution for failing to complying with the illegal action.

10. The Benitian Bar is hereby established. Admission to the Bar and practice of law in the Province of Benito is restricted to attorneys and enrolled notaries. Attorneys are individuals who, to the satisfaction of the Royal Talossan Bar, qualify to practice law in the courts of the Kingdom and apply to the Benitian Bar for admission. An individual who is not admitted to the Royal Talossan Bar may petition the Benitian Bar to practice in Provincial Courts and offer legal advice within the province, these individuals shall be admitted to the Benitian Bar as "Enrolled Notaries." If an individual is elected to a Provincial Judgeship, that person shall automatically be admitted to the bar as an attorney or an enrolled notary, depending on their qualification.

11. The Benitian Bar shall be overseen by the Vicere, who shall serve as its Chair. The Vicere and the High Court Judges may admit individuals to the bar after satisfactory demonstration of character, loyalty and proficiency in the law.

12. Any Judge, Justice or Magistrate of the Benitian High Court or any inferior court who renders judgment while disregarding relevant law shall be guilty of judicial misconduct, a felony and shall, upon conviction, be immediately removed from the Bench, disbarred from the Benitian Bar, and prohibited from holding any public office, judicial or otherwise, for the period of 1 year from the date of their conviction.


Offered under our hands on behalf of the people of Benito:

Maestro T.M. Asmourescu
Matáiwos Vürinalt

[EM Vürinalt]

Mar 25, 2009 9:35:18 GMT -6 Adm. T.M. Asmourescu, O. Ben. said:

The Benitian High Court Act
4. Judges shall be appointed to their office by the Maestro for a lifetime term. They may be removed from office by a measure of the Provincial Chancellery, or by court order following a conviction in a Talossan or Benitian court.

In order for my full support of this bill this section must be fully explained. For this to be effective, the bill must outline the specifics of a Measure of Removal in the Provincial Chanellery. Might I suggest that a judge may be removed from office with a 60% majority PER vote by Chancellers on the grounds that the convicted judge has a)discriminated in his verdict of a case against the laws of Benito or Talossa and these discriminations are apparent and sustainable, b)the judge has asked for removal from the office by filing a Request for Removal with the Chancellery (no point in keeping a judge that doesn't want to be one anymore, right?), c) whatever other good and logical reasons we may come up with.

Similarly, I believe something must be added to this bill to provide another check against the Maestro in that the Chanellery should be required to pass a Vote of Approval for the appointee. This removes any possibility of gross corruption or political gift giving by the Maestro to the people he or she deems fit. I move that this, again, be mandated by a 60% vote of PER.

~MV

[EM Vürinalt]

I'm posting this because I think this was interesting and should have further thought. I've restructured quite a bit of it from S:reu Asmourescu's original.

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The Order of Benito Part Deux Act

WHEREAS people sometimes to bold and great things for others, and

WHEREAS people like commemorating people which do these things, and

WHEREAS the Province of Benito has not such a commemorative body,

THEREFORE, the Order of Benito is hereby established.

1. The Order of Benito is an honour to be bestowed upon Benitian citizens who carry out exemplary service to the province, nation, or military. The Order of Benito may also be awarded to any Talossan citizen directly involved with exemplary service to Benito or a Benitian.

a. The Order of Benito is awarded in four grades, or classes. These classes are defined as follows:
Order of Benito First Class (Grand Officer of the Order of Benito)- The highest grade of the Order. This may be awarded directly by the Maestro for extraordinary duty to the Province of Benito, the Kingdom by a Benitian, or a Talossan citizen for extraordinary duty towards a Benitian. This award may be awarded by approval of the Maestro after five consecutive years as serving as Commander of the Order.

Order of Benito Second Class (Commander of the Order of Benito)- The second highest grade of the Order. This may be awarded for exemplary service for the same aforementioned circumstances. This may be awarded directly by the Maestro or after five consecutive years as serving as an Officer of the Order.

Order of Benito Third Class (Officer of the Order of Benito)- This is the third highest grade of the Order and may be awarded for service beyond what is required for the aforementioned circumstances. This award may be awarded directly by the Maestro or after five consecutive years of serving as a Knight of the Order.

Order of Benito Fourth Class (Knight of the Order of Benito)- This is the lowest grade of the Order and may be awarded for continuous, duteous, and meaningful service for the aforementioned circumstances. This award may only be directly awarded.

b. The Order of Benito shall also consist of the Military Order of Benito. The structure of the Military Order of Benito is the same as that of the civilian branch. Members of the Military Order of Benito are entitled to the following ribbons:

i. Grand Officer of the Order of Benito: Colours, from left to right: a large red band, a thin green band, a large white band, a thin green band, a large red band. Devices: one silver crown centred in the white band.

ii. Commander of the Order of Benito: Colours, from left to right: a large red band, a thin green band, a large white band, a thin green band, a large red band. Devices: one gold crown centred in the white band.

iii. Officer of the Order of Benito: Colours, from left to right: a large red band, a thin green band, a large white band, a thin green band, a large red band. Devices: one bronze crown centred in the white band.

iv. Knight of the Order of Benito: Colours, from left to right: a large red band, a thin green band, a large white band, a thin green band, a large red band.


2. Recipients of the Order of Benito are permitted to use the post-nominal "O. Ben." and the style "Don" in the case of a male or "Donna" in the case of a female. Should a member of the Order be a member of the Royal Talossan Military, active, reserve, or retired, he or she are permitted to use the post-nominal "Mil. O. Ben.". Styles remain the same.

3. This honour is bestowed following a majority vote by the Legislative Chancellery and is presented by the Maestro. This honour shall be bestowed sparingly and only in the most pertinent of circumstances.

4. Falsely claiming membership in the Order of Benito or unauthorized use of the style "Don" or "Donna," when used as a title not a proper name or in jest, shall be considered in criminal violation of this Act, a misdemeanor punishable as the Uppermost Cort prescribes and/or grounds for impeachment from the Legislative Chancellery or any other provincial office where allowed by applicable law.

FURTHERMORE, to commemorate and honour HRH Kinh John I and in recognition of the Benitians' loyalty, King John I is hereby inducted as the first member of the Order of Benito, First Class.

Uréu q'estadra sa:
Matáiwos Vürinalt
Capt. T.M. Asmourescu

[Deleted]

I like it. Can I co-sponsor?

What do you think of the revised judicial act?

[Dréu Gavárþic'h]

Just a Vuodean sticking his head in here.

as the Uppermost Cort prescribes

As you have a bill creating the benitian court system, maybe you should have that court issue a punishment as the offending citizen has not broken a federal law, but instead a provincial one.

[Deleted]

The Uppermost Cort can claim jurisdiction in any case as they hold the original jurisdiction per our Constitution. My concern is that the phrasing may limit the abilities of the (hopefully to be created) Benitian Court.

Perhaps "punishable pursuant to applicable provincial and Talossan law" would be more appropriate.

[EM Vürinalt]

The revised act looks much better than before, I'd like to co-sponser. I'll add you as a co-sponser to the O. Ben. act too.

[Flip Molinar]

I'd love to cosponsor as well! I think that all of the kinks have been ironed out.

[Flip Molinar]

I say we chop off the clause that allows for chancellors to serve on the High Court. Any influence in the Legislative process by any other branch is simply not appropriate, no matter how small that influence may be.