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by Ga president. . 2 reads.

General Assembly Resolution #46: "Acting Justices and Concurrent Trials" (Archived Version #1)

G.A.R. 46
Acting Justices and Concurrent Trials

Author: Karteria

Sponsors: The Rt. Hon. Celestiam, The Aug. Achipel

Category: Legal Affairs, Constitutional Amendment

Affects: The Judiciary


Article 1: Statement of Policy

  1. Through this resolution, the General Assembly shall:

    1. Clarify the authority of a specially-elected ("Acting") justice; and

    2. Allow for the creation of new dependency regions to handle simultaneous trials.

Article 2: Definitions

  1. A "case-specific recusal" means a recusal by the Chief Justice regarding a particular case (due to a conflict of interest or being party to a case).

  2. A "general recusal" means a temporary recusal by the Chief Justice from their position at large that is not case-specific.

  3. An "ongoing case" means any case in which charges have been filed, regardless of whether that case has been officially opened by the Court.

Article 3: Selection and Authority of Acting Justices

  1. Any Chief Justice who continues to preside over an ongoing case beyond their term, or any justice elected to serve a temporary case-specific recusal, shall be referred to as "Acting Justice" for the remainder of their tenure.

    1. Any justice elected to serve a general recusal shall be considered Chief Justice for all purposes until the incumbent Chief Justice resumes their position.

  2. If there is a case-specific recusal, the General Assembly shall elect an Acting Justice (via a simple majority) to serve the case. A candidate shall notify the Judiciary Committee of their candidacy. The Committee shall decide which candidate shall be considered by the General Assembly for the case. If that nation is not elected by the General Assembly, then the process shall repeat until someone is elected or the case is dropped.

    1. In the event there is a case-specific recusal during an Acting Justice's tenure (that was originally for a case-specific recusal), that Acting Justice may serve the other case if allowed by law.

      1. In this situation, if the Acting Justice, in addition to the incumbent Chief Justice, must recuse themselves from the new case as required by law, the General Assembly must elect a new Acting Justice to preside over the new case.

  3. An Acting Justice shall maintain the authority and limitations of the Chief Justice as provided by law within the context of the case or cases over which they preside. However, an Acting Justice shall only be considered a member of the High Court for the purposes of conferring or receiving distinctions, awards, titles, or other honors.

  4. Multiple Acting Justices may serve at any one time should the need arise.

  5. The Chief Justice shall not unduly restrict an Acting Justice's lawful authority and shall give them all tools and permissions necessary to effectively preside over their case.

Article 4: Amendments to the Constitution

  1. §26 shall be amended as follows (with changes in bold):

    "The High Court shall be primarily housed in a dependency region, to be founded by a puppet of the Founder, Achipel, entitled "High Court of the New West Indies", subject to the same laws of the New West Indies. The Court may also create additional dependency regions at its discretion. Court information and records will be in pinned dispatches or on the World Factbook Entry to the primary dependency region, and the members of the Court shall have appropriate administrative authorities as determined by the Court.

  2. §28 shall be amended as follows (with changes in bold):

    "Should a sitting Chief Justice cease to exist, resign, or be impeached via a Motion of No Confidence of the General Assembly, the General Assembly will promptly conduct a special election to fill the remainder of the term. The shortened term will not count against any term limit. An initial special election shall be called within ten days of the adoption of this Section to fill the position until the start of the next term.

    In the event there is an ongoing case at the end of a Chief Justice’s term, they shall continue to preside over the case until it concludes. This shall not count against any term limit regarding the former or current Chief Justice in this context.

    In the event where a Chief Justice must recuse themselves from a case, they may otherwise continue serving as Chief Justice.

    The Chief Justice shall place a puppet in the every High Court dependency region, which shall be granted Border Control and Communications authority."

Article 5: Amendments to "Establishment of a Judicial System"

  1. §V(B) of GAR21 shall be amended as follows (with changes in bold):

    "All Trials shall be public, and shall be conducted on the RMB regional message board of the a High Court dependency region, and all non-parties to the case shall be prohibited from posting in the RMB during Trial unless specifically authorized by the Court."

  2. §IV(E)(iv) of GAR21 shall be amended as follows (with changes in bold):

    "If an Accused fails to reasonably cooperate with the Court or participate in its Proceedings, the Court may impose a Region Ban (with an exception for the applicable High Court dependency region) and/or an Offsite Ban on the Accused, until they resume reasonable cooperation with the Court and participation in its proceedings."

Article 6: Enforcement of this Resolution

  1. This resolution shall take effect immediately and have no expiration.

  2. This resolution shall apply to any Acting Justice currently serving.

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