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Term 4 ~ Judiciary

Discussion in 'Civ4 - Demo Game: Government' started by Black_Hole, Mar 30, 2006.

  1. Black_Hole

    Black_Hole Deity

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  2. Black_Hole

    Black_Hole Deity

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    Term 4 Judicial Review Docket

    DG1JR11
    Question: Does Section 8.A.II and Section 8.A.I include appointed no-power duties like Chief Bureau's for the Information Department?
    Submitted by: Strider
    Status: To be ruled upon

    DG1JR12
    Question: Are Initiatives considered Official polls, and thus subject to verification by the Censor?
    Submitted by: ravensfire
    Status: To be ruled upon

    DG1JR13
    Questions:
    1) Is there a required place for the office filling the position to post that they are looking for candidates?
    2) Must the office filling the position wait 72 hours after that request to fill the office, or may someone be appointed before that time period?
    3) If only one citizen applies during that 72 hour period, must the office filling the position appoint that citizen?
    Submitted by: ravensfire
    Status: To be ruled upon

    DG1JR14
    Question: Proposed col amendment
    Submitted by: ravensfire
    Status: Sent to the assembly

    DG1JR15
    Question: Proposed col amendment
    Submitted by: Strider
    Status: To be ruled upon
     
  3. Black_Hole

    Black_Hole Deity

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    Term 4 Citizen Complaint Docket
     
  4. Black_Hole

    Black_Hole Deity

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    Common Rights and Duties of all Citizens
    • Participate in all Judicial discussions
    • Request that any Judicial discussion be moved to its own thread in the Citizen's forum
    • Post requests for Judicial Review of existing law. These requests should contain a specific question and the section of law in question
    • Post requests for Judicial Review of proposed amendments. This request should contain the exact text to be reviewed and a link to the discussion thread
    • Post requests for clarification. This is an unofficial question about the rules that does not create a finding, but may lead to a Judicial Review
    • Post requests for Citizen Complaints. This is a request to determine if a citizen has violated a rule. This request must be posted in the Judicial thread. There are no anonymous requests.
    • Appoint a pro tem justice in the event of official absence or recusal from specific CCs or JRs. Either of the remaining two judiciary members can veto this appointment within 72 hours. Citizens can also post a confirmation poll within 72 hours (said confirmation poll to be open 72 hours). In case of a conflict between a judicial veto and a citizen confirmation poll, the citizen confirmation polls takes precedence.
    Shared duties and responsibilities of all Justices
    • Conduct the business of the court in a fair, impartial, open and speedy manner
    • Review and discuss any questions about our laws
    • Review all proposed Amendments to our laws
    • Review all requested Citizen Complaints to determine if the charge has merit
    • Participate in all Citizen Complaints in a fair and impartial manner
    • Post clear and decisive opinions on all questions. Abstentions are not allowed
    • Notify the Judiciary during any Absence, and arrange for a Pro-Tem replacement
    • Discuss and ratify these Judicial Procedures
    • Recuse themself from any Citizen Complaints that they are involved in as either the citizen requesting the CC, or as the citizen under investigation.
    Rights and Duties of the Chief Justice
    • Post polls for amendments once they pass review
    • Post any valid Recall poll
    • Oversee all Judicial Proceedings
    • Maintain the Judicial Log
    • Request that other justices post an opinion promptly
    • Maintain the docket and decide the priority level of cases
    • Maintain the Constitution and Code of Laws threads
    Rights and Duties of the Judge Advocate
    • Serve as the Prosecution during any trial of a citizen. In this role, the Judge Advocate need not act impartial as they are arguing for a specific side
    • Post polls for amendments and recalls
    Rights and Duties of the Public Defender
    • Serve as the Defense during a trial of a citizen, unless requested otherwise by the citizen. In this role, the Public Defender need not act impartial as they are arguing for a specific side
    • Post polls for amendments and recalls
    Changes to Judicial Procedures
    The Judicial Procedures may be changed at any time by a majority decision of the court.

    Judicial Reviews
    Judicial Reviews are used to resolve questions of the law and to validate proposed amendments. The opinion of a majority of the Justices will be used to resolve the Judicial Review.

    Reviews of existing laws may be requested by anyone. The Chief Justice shall review each request for merit. If the Chief Justice declines the request, either of the other two Justices may accept the request and override the Chief Justice. The Chief Justice will post each accepted request, clearly denoting the questions. After at least 24 hours, each Justice may post their finding. This post should clearly answer the questions as posed by the Chief Justice. The Chief Justice may request that the justices post their opinion promptly, requiring all justices to make a ruling within 72 hours. The Chief Justice may request clarification of these findings as needed.

    Reviews of a proposed law may be requested by anyone. The post must include the proposed law, and a link to the discussion thread. The proposed law must have been conspicuously posted as a proposed poll for at least 24 hours, and the discussion thread open for at least 48 hours. The Justices will review the law for any conflicts with current law, and post their findings. Any Justice may post the poll for all proposals that pass Judicial Review.

    All reviews must be finished by the end of the term if at all possible. The Chief Justice may defer a Judicial Review to the next term if it is filed less than 72 hours before the end of this term.

    Absence Investigations
    Absence Investigations are used to determine the status of an elected official who has not posted for an extended period of time and to remove that citizen from office if necessary. Any citizen may initiate an Absence Investigation if an elected official fails to post on the Civilization Fanatics' Forums for 7 days.

    If a valid Absence Investigation is called, the Chief Justice is to start the investigation by indicating that an Absence Investigation has started. The Chief Justice must then send a private message to the official against whom the investigation has been called. An e-mail should also be sent if possible. The official will have 48 hours to respond to the private message. At the end of this time, or after a response has been received by the official in question, the Chief Justice may declare the commencement of voting on whether or not the seat should be rendered vacant. Each justice should clearly post their vote on this issue. If a majority of justices vote in favor of declaring the office vacant, the official shall be removed and the President empowered to appoint another citizen to that post.

    Citizen Complaints
    Citizen complaints are used to determine if a citizen has violated a rule. They may be requested by any citizen in a post in the Judicial thread. Except as noted, the Justices must act in a fair, impartial, open and speedy manner throughout the process. All citizens are innocent unless determined to be guilty. Citizen Complaints shall be completed by the end of the term, unless the Judiciary finds this to be impossible, in which case the next term’s court may finish the investigation. All evidence, except foreknowledge of the game, must be presented publicly. Evidence of foreknowledge of the game will be reviewed by the Judiciary, and a statement about that evidence posted. Once that evidence becomes irrelevant due to game progress, any citizen may request it to be posted.

    Any citizen who is the defendant of a Citizen Complaint shall have the right to representation throughout the process. The Public Defender shall be tasked with defending each citizen charged with an offense from the moment the Citizen Complaint is filed until the complaint is concluded, unless another citizen is appointed by the defendant to serve as the Defense, with that citizen's consent.

    At any time during a citizen complaint, the citizen making the request may drop the request, ending the citizen complaint unless another citizen wishes to continue the process. Likewise, the citizen under investigation may accept the charges, and move immediately to the Sentencing phase.

    If a citizen has been found innocent of a charge or if the citizen has been found guilty and sentenced appropriately, the citizen may not be charged again with the same violation.

    Review
    Each requested Citizen Complaint will be reviewed by the Judiciary. Justices will gather and look through the evidence presented, including requests for statements from all citizens. If all three Justices determine the request to have No Merit, the basis for that finding will be posted by each Justice and the request is denied. If at least one Justice determines the request to have Merit, a trial on the facts will be conducted. The Judge Advocate will review the request and the relevant law, and determine the specific law the accused citizen is alleged to have violated.

    Trial
    The Judge Advocate will create a thread for the trial in the Citizen's forum. This initial post should contain the specific violations and the evidence for those accusations. The next two posts are reserved for the citizen accused and the Public Defender - until they post, or 24 hours from the initial post, no other citizen may post in the thread. All citizens are encouraged to post in this thread, but are reminded to respect the rights of all citizens.

    Once the at least 48 hours have passed, and discussion has petered out, the Chief Justice can declare the discussion closed, and post a Trial poll.

    The Trial poll will be a private poll, with the options Innocent, Guilty and Abstain. It will run for 48 hours. The option receiving the most votes will determine the result. In the event of a tie, the members of the Judiciary will determine the result by posting clear opinions in the Trial thread.

    Sentencing
    If a citizen under investigation during a Citizen Complaint has accepted the charges, the citizen, the accuser and the Judiciary may determine and assign a sentence if they all unanimously agree to the arrangement. Failure to uphold that arrangement will result in full sentencing poll posted as if the citizen were found guilty in a Trial.

    If an arrangement cannot be made, or the citizen was found Guilty, the sentence will be determined by the citizens through a poll. The Chief Justice will post the poll, marked as private with a duration of 48 hours. The options for the poll will include:
    • Suspension from Demogame
    • Removal from Office (if applicable)
    • Public Apology
    • Final Warning
    • Warning
    • Abstain
    Other options may be included through unanimous consent of the Judiciary.

    Once the poll closes, the Chief Justice will determine the sentence imposed using cumulative voting. The most severe option that a majority of citizens support will be imposed. If a Warning is issued, a warning will be posted by the Chief Justice in the Judicial thread and may be reposted in that person’s government thread, if they hold an office. If a citizen is given a Final Warning, the above procedure will be used, but with stronger language. Additionally, the options “Warning” and “Final Warning” will not appear on a sentencing poll if that citizen is charged with a similar offense in the future. If a citizen is sentenced to a Public Apology, a thread apologizing for the actions taken must be posted by the defendant within 48 hours of the close of the sentencing poll. If the citizen is removed from office, they are barred from holding that office for the remainder of the term. The length of a suspension is to be determined by the Judiciary, with the required consent of the moderators.
     
  5. ravensfire

    ravensfire Member of the Opposition

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    I have a question that I wish to submit before the Court for a Judicial Review.

    Are Initiatives considered Official polls, and thus subject to verification by the Censor?

    EDIT: As required, reference the Code of Laws, Section 1.B.III.IIIB.4. Also, aspects of the Constitution will come into play, I will leave that as an exercise for the Court. I further request that a discussion thread be opened for this.

    Thank you,
    -- Ravensfire, Censor
     
  6. Black_Hole

    Black_Hole Deity

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    As the court is not in session until April 1st, I will hold off on ruling whether this JR has merit or not.
     
  7. Black_Hole

    Black_Hole Deity

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    Fellow judicial members:
    Are there any changes that are needed to the judicial procedures used for that last 3 terms?
    They can be found here, if not, please vote on whether or not to accept these procedures.
     
  8. Nobody

    Nobody Gangster

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    Everything seems fine to me, except maybe in light of the last Terms Judicary Crisis Shared duties and responsibilities of all Justices final bullet point
    Could be extended to include things like JR
     
  9. Black_Hole

    Black_Hole Deity

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    how about we add another bullet at the end
     
  10. Nobody

    Nobody Gangster

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    I agree and if thats added i Accept these Judical Procedures
     
  11. Strider

    Strider In Retrospect

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    Does Section 8.A.II and Section 8.A.I include appointed no-power duties like Chief Bureau's for the Information Department?

    I must ask for the utmost speed in deciding this issue.
     
  12. Black_Hole

    Black_Hole Deity

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    unfortunately it will be a few days, we can't rule on a thing until tomorrow, and we need procedures in place, and ravensfire's JR was submitted first and has equal precedence.
     
  13. donsig

    donsig Low level intermediary

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    Well, here's my question. Do justices have to recuse themselves from JR's they are affected by? There is nothing in our laws (except the constitutional charge to be fair) that requires it. There is nothing in the judicial log from last term to clarify the law. We had a Chief Justice last term who refused to recuse himself from a JR that affected him. We have a citizen's initiative poll that clearly shows our citizen's do not want justices ruling on JRs that affect them but the legality of this poll has been questioned. (The poll was also been invalidated by the Censor though the legality of the Censor's authority to do so has also been questioned.) Since the judiciary may not want to move forward to resolve this issue without having judicial procedures in place I would like to suggest that we leave the clause about JR recusals out of the procedures for now. Once we have rulings on the issues mentioned above we can add the clause in if that would be consistent with whatever rulings are eventually made. We are allowed to amend our procedures in the middle of a term.

    Under the shared dutoes section I think there is a typo. One bullet reads:

    Notify the Judiciary during any Absence, and arrange for a Pro-Tem replacement

    Shouldn't this be : Notify the Judiciary of any Absence, and arrange for a Pro-Tem replacement?

    Also, I'd like to ask my fellow judiciary members if they think we should spell out the procedures for arranging for a pro tem? This affects not only absences but recusals as well. Should we have an outside agency appoint the pro tems or should we allow the other two justices to make the apointment? If we allow the affected justice to make his own appointment I think at the very least we should give the other two justices veto power over the choice. I just think we need a little mechanism to ensure impartiality.

    Also, given the fact that an amendment to our CoL was passed and not formally added to our CoL thread I'm wondering if we should add a clause making it our duty to ensure the CoL is up to date. I'm not really sure if it's our job though. If the Censor should be validating amendment polls then perhaps it should be his duty to ensure the amendments are posted to the CoL thread. If we decide it's not our job then I will suggest the Censor add something to his procedures to ensure it gets done.

    Finally, it might be a good idea to include something formal about transferring unfinished cases to the next term's judiciary.

    None of these have to actually be included in our procedures right now - with the possible exception of arranging for pro tems. If we want to get down to business we can just adopt last term's procedures and get down to business. After the initial rush we can amend our procedures as we see fit, with the hope that each successive term will accept the changes we make.
     
  14. Nobody

    Nobody Gangster

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    AS far as aranging for a Protems i think we should just Find them ourselves (either ask for applications or ask somone we know) and then give the Judicary a chance to veto them (say for 24 hours after a Justice Nominates them the other 2 may veto him. Or a larger amount of time say 48 or 72 but he/she can begin work during this term).

    As far as the COL is concerned i think that is more censors job than the courts and also normally the person who puts forward the amendment would make sure to chase it up.
     
  15. Swissempire

    Swissempire Poet Jester

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    But Donsig, how are we to determine which JR's affect whom? Curufinwe didn't recuse himself because he felt it didn't affect him and he could make an impartial ruling.
     
  16. DaveShack

    DaveShack Inventor Retired Moderator

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    I will, naturally, expect the originator of any poll affected by a challenge to its validity, or the validity of similar kinds of polls, to appoint a pro-tem. It should be very obvious to whom this comment applies and for what cases. I won't bother to spell it out unless that justice fails to act.
     
  17. Black_Hole

    Black_Hole Deity

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    So procedures wise, I think I should fix the typo and thats it for now, because we have some semir urgent JRs that we need to get through. What do you guys think?
     
  18. donsig

    donsig Low level intermediary

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    Well, you know what? I tought it was very obvious that Curufinwe was affected by certain JRs last term. Where were you when that was going on? Don't beat around the bush here. Come out and say it. It'll help me decide what I should do. You are not making a difficult situation any easier by making veiled threats. That only makes me want to adopt Curufinwe's stance regarding the pushing around of the judiciary. And I will spell that one out for you: push me and I'll be quite happy to show you how stubborn I can be. I've had a very bad day what with the Galls and their sneak attack so I don't have much patience right now. To be quite frank and out front I am facing a dilemma. There are some upcoming JRs that I would normally consider recusing myself from however the laws as they were interpreted last term do not seem to force me to do so. So I am caught between doing what I think is right for the judiciary (recusing myself from the cases) and doing what I think is right for the game as a whole (showing you all once again the pitfalls of making a mockery of our legal system). The latter would be quite fun. If you think I'm afraid of the complaints that you could lodge against me then I'd ask you to recall my presidential stints in both DG1 and DG3. I stood up to far more serious charges in both those games.

    So, as a citizen, would you like to comment on the legality of our proposed judicial procedures and perhaps add your constructive efforts to ensuring a judicial term we can all be proud of?

    @ Swissempire: Well, I don't know. I do understand that Curufinwe thought those JRs did not affect him. It is very frustrating that you still don't see that there were others who thought those JRs did affect Curufinwe. Unfortunately, there was no official judicial ruing on the matter that we can go by. There has been no legislation either enacted or proposed to address the matter. We only have one poll that you (as Censor) said is invalid (i.e., it doesn't count). All we have is the precedent that Curufinwe established. I led the effort to have Curufinwe recuse himself. Curufinwe refused and was upheld in his refusal by the citizens at large. Do you all really expect me now to do what you wouldn't have Curfinwe do last term?

    @ Black Hole: I'd really like to hear your thoughts on the choosing of a pro tem. Nobody's suggestion looks good to me for now - unless you have something different you'd like to propose.
     
  19. DaveShack

    DaveShack Inventor Retired Moderator

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    I'm using these definitions of expect:
    1. To look forward to the probable occurrence or appearance of: expecting a telephone call; expects rain on Sunday.
    2. To consider likely or certain: expect to see them soon
    nothing threatening there... :D

    Well now, this could get really interesting. Is a case concluded when all 3 justices have ruled, or when the Chief Justice has consolidated the rulings, posted the formal court ruling, and posted the Judicial Log? If we consider a case to still be open until all the paperwork is done, then a little creativity in the wording of the judicial procedures could have a pretty drastic effect on the incomplete work from the previous term. :mischief:

    If you want me to post a proposal for the court to review I'd be happy to -- but I think it's best for me to refrain from doing that in case this term's court doesn't want to play hardball with last term's cases.
     
  20. DaveShack

    DaveShack Inventor Retired Moderator

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    Umm, I was saying the same thing you were, of course. Trying to be slightly more diplomatic by effectively saying "yeah, the case doesn't affect you due to Nobody's resignation, but for the game's sake go ahead and recuse yourself anyway", and it almost worked. I was actually surprised when the big announcement was a refusal instead.
     

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