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Debate: The Judicial Procedures, Sentencing and Evidence Act (2014); Articles V & VI
Topic Started: 9th June 2014 - 12:42 PM (153 Views)
Elpidia
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The Rt. Hon.
As per Achkaerin's suggestion, due to the length of this bill, debate will be split into several threads. The entire bill shall be up for debate until at least 6/12/14.

Quote:
 
Article Five The Judiciary (Section Not in Force pending constitutional amendment)

(30) All appointed judges shall be termed as members of the judiciary

(31) The judiciary shall have their own sub forum within the High Court for their eyes and the Minister of Accountability’s eyes only (for discussion and opinion on cases, Minister of Accountability for impartial observation.)

(32) One judge shall be appointed by the executive to serve as Lord Chief Justice

(33) The role of the Lord Chief Justice shall be to liaise with the Minister of Justice on behalf of the Judiciary. (The Lord Chief Justice is not a government post)

(34) The Judiciary shall be subject to a quarterly review by a panel of five (5) executive ministers and Senators to be chaired by the Minister of Accountability and include the Minister of Justice.

(35) The Judiciary shall be represented at the review detailed in section 34 by the Lord Chief Justice or his authorized agent.

(36) As outlined within this Act certain offences will disqualify Judges from serving, this applies during their service as well.

Article Six The Clerk

(37) Clerks are appointed by the Minister of Justice.

(38) The role of the Clerk shall be as follows:
i. To update the precedent archive with the judgement of each case once that case has finished.
ii. To serve as the judge's liaison should there ever be cause to switch judge mid case.
iii. To keep the court diary (how many cases are going on at the same time, when are cases set down for)
iv. To relay messages from counsel and others to the Judge.
v. To make sure that any questions asked by the judge comply with evidence guidelines
vi. To record the process of court and serve as a reminder to the judge and to the counsel if process has not been followed or what process should be followed.
vii. To provide and make sure that all parties have received the facts of the case.
viii. To summarise the facts of the case in plain english. -- so that everyone without a legal brain can also read it.
ix. To manage the process of the court itself. Unless the Clerk is not present in which case the role of the Clerk falls to that of the Judge.

(39) Upon passing of this legislation the Minister of Justice shall appoint a Clerk to establish the relevant threads required for the administration of the Judicial System.

The Precedent Archive

(40) The Precedent Archive shall be a sticky thread within the High Court.

(41) The Precedent Archive shall contain an index of cases by offence as per the Criminal Code of the Independent Order.

(42) Each entry in the Precedent Archive index will have the following format:

Case Name:
Offence:
Court:
Judge:
Verdict:

(43) Each individual entry in the Precedent Archive will start with the format as described in section 41 and contain the full text of the judgement in that case.
Edited by Elpidia, 9th June 2014 - 09:42 PM.
The Rt. Hon. Marquess Elpidia - Factbook - NS Page - EBC - Vignettes - Characters
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Elpidia
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Quote:
 
The Judiciary

(30) All appointed judges shall be termed as members of the judiciary.

(31) The judiciary shall have their own sub forum within the High Court for their eyes and the Minister of Accountability’s eyes only (for discussion and opinion on cases, Minister of Accountability for impartial observation.)

(32) One judge shall be appointed by the Grand Chancellor to serve as Lord Chief Justice

(33) The role of the Lord Chief Justice shall be to liaise with the Minister of Justice on behalf of the Judiciary. (The Lord Chief Justice is not a government post)

(34) The Judiciary shall be subject to a quarterly review by a panel of five (5) executive ministers and Senators to be chaired by the Minister of Accountability and include the Minister of Justice.

(35) The Judiciary shall be represented at the review detailed in section 34 by the Lord Chief Justice or his authorized agent.

(36) As outlined within this Act certain offences will disqualify Judges from serving, this applies during their service as well.

The Clerk

(37) Clerks are appointed by the Minister of Justice.

(38) The role of the Clerk shall be as follows:
i. To update the precedent archive with the judgement of each case once that case has finished.
ii. To serve as the judge's liaison should there ever be cause to switch judge mid case.
iii. To keep the court diary (how many cases are going on at the same time, when are cases set down for)
iv. To relay messages from counsel and others to the Judge.
v. To make sure that any questions asked by the judge comply with evidence guidelines
vi. To record the process of court and serve as a reminder to the judge and to the counsel if process has not been followed or what process should be followed.
vii. To provide and make sure that all parties have received the facts of the case.
viii. To summarise the facts of the case in plain English.
ix. To manage the process of the court itself. Unless the Clerk is not present in which case the role of the Clerk falls to that of the Judge.

(39) Upon passing of this legislation the Minister of Justice shall appoint a Clerk to establish the relevant threads required for the administration of the Judicial System.

The Precedent Archive

(40) The Precedent Archive shall be a sticky thread within the High Court.

(41) The Precedent Archive shall contain an index of cases by offence as per the Criminal Code of the Independent Order.

(42) Each entry in the Precedent Archive index will have the following format:

Case Name:
Offence:
Court:
Judge:
Verdict:

(43) Each individual entry in the Precedent Archive will start with the format as described in section 41 and contain the full text of the judgement in that case.
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Elpidia
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I'm afraid I don't really understand the purpose of the Lord Chief Justice.
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