Term 5 Judiciary

Bootstoots

Deity
Retired Moderator
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Mar 2, 2003
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Location
Mid-Illinois
Welcome, fellow Fanatiks, to the Term 5 Judiciary. Here is where to ask all questions involving the ruleset, to file Judicial Reviews, to request Citizen Complaints, and to ask for absence investigations. Feel free to stop by at any time.

Justices
Chief Justice - Bootstoots
Judge Advocate - Black_Hole
Public Defender - Cyc

The Chief Justice's primary role is to coordinate and lead the efforts of the Judiciary. They are also in charge of creating Judicial procedures, posting in the Judicial log, posting polls for amendments and recalls, appointing pro-tem justices and determining the census.

The Judge Advocate is the justice in charge of prosecution during Citizen Complaints. They may also post a recall poll if for the Chief Justice.

The Public Defender defends the accused citizen during Citizen Complaints.

Here's to a productive Term 5!
 
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
Shared duties and responsibilities of all Justices
  • Conduct the business of the court in a fair, impartial, open and speedy manner unless otherwise required
  • Review and discuss any questions about our laws
  • Review all proposed Amendments to our laws
  • Review all requested Citizen Complaints to determine if there is need
  • 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
  • Determine and post the official Census
  • Oversee all Judicial Proceedings
  • Maintain the Judicial Log
  • Appoint all Pro-Tem justices and seek confirmation by the President
  • Request that other justices post an opinion promptly
  • Maintain the docket and decide the priority level of cases
Rights and Duties of the Judge Advocate
  • Post any valid Recall poll if for the Chief Justice
  • 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
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

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. The Chief Justice will 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
 
The first order of business, of course, is to discuss and vote on the Judicial Procedures. Here's my proposal. Fellow justices, please post any suggestions or comments you may have regarding these procedures. I'll start the voting on them once a consensus has been reached. These procedures are the same as last term, except that a section on absence investigations has been added.

Proposed Judicial Procedures:

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
Shared duties and responsibilities of all Justices
  • Conduct the business of the court in a fair, impartial, open and speedy manner unless otherwise required
  • Review and discuss any questions about our laws
  • Review all proposed Amendments to our laws
  • Review all requested Citizen Complaints to determine if there is need
  • 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
  • Determine and post the official Census
  • Oversee all Judicial Proceedings
  • Maintain the Judicial Log
  • Appoint all Pro-Tem justices and seek confirmation by the President
  • Request that other justices post an opinion promptly
  • Maintain the docket and decide the priority level of cases
Rights and Duties of the Judge Advocate
  • Post any valid Recall poll if for the Chief Justice
  • 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
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

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. The Chief Justice will 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
 
Excellent work, Chief Justice Bootstoots.

I like it a lot. May I make two requests?

First, in the Section entitled:

Rights and Duties of the Public Defender, can we remove the 's' bolded in the first sentance?

'Serve as the Defense during as 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'

Second, in the Citizen's Complaint Section, can we make note that the PD becomes Defense counsul immediately after the filing of the CC, and that the Defendant must replace the PD before the PD is relieved from duty. The Defendant can not merely say "I want different counsul", he or she must replace the PD, and that replacement must acknowledge their appointment by the Defendant. Just to safeguard the procedure.
 
I fixed the typo and added a section under Citizen Complaints to deal with that issue (which I italicized). Does it look all right now?
 
Looks good to me also. As I said before, excellent work, I approve. :goodjob:
 
The Judicial Procedures are now approved and have been added in the post reserved for them. As a note, most credit for these procedures goes to ravensfire; I've only made a few changes and additions to his procedures from the first two terms.
 
Greetings Justices,

I would like to request an interpretation of the rules regarding declarations of war. If a citizens vote is 90% in favor of declaring war but the Senate poll has less than a majority, should an instruction to declare war be followed?

Note, this is not a complaint, it's a JR request. There was some ambiguity in the instruction as given. It's rather deplorable however that 10 turns have passed during which we have given our potential target time to bolster their defenses. :( It would have been better to not play until the decision was clarified.
 
DaveShack said:
Note, this is not a complaint, it's a JR request. There was some ambiguity in the instruction as given. It's rather deplorable however that 10 turns have passed during which we have given our potential target time to bolster their defenses. :( It would have been better to not play until the decision was clarified.

May it please the Court; I also request a ruling on this issue, it has caused great consternation and hair pulling in the Foreign Affairs Office.

-the Wolf
Deputy, Foreign Affairs Office
 
The way I see it, the citizens can override the senators in war declarations, and vice-versa. If the citizens vote war, war occurs. If the senators gain their majority, war occurs.
 
No.....thats too confusing.
The Citizens should be like the House, who gets it first, and the Senators get it after that. The President Could be able to overide the Senate.
 
The relevant law:
Section F.2 Declaration of War
To declare a war, the Minister of Foreign Affairs will create a normal poll for the Assembly, and a thread poll for the Senate. If more than 50% of the voters, not counting abstain, in both polls support the declaration, war can be declared. If either poll gains a two-thirds majority in support of war, war may be declared regardless of the other poll.

Most relevant, read the last sentence.

Relevant instructions:
At present, the war with Rome Senator's poll is a no decision. You might want to consider rescheduling for a day or two if your schedule allows, so as to not lose your place in line. I'm unclear on something though, the citizen's poll might allow declaring war without the senatorial approval.

If the polls for declaring war when the military is ready have passed, then declare war the turn that attack forces are ready. If the 10th turn is reached and forces are not ready according to the plan submitted by the military, then stop.

There is nothing in the MoD instructions that says "Our forces are ready for war."

We also still don't have a clear and detailed path for war, just vague comments and suggestions. Very disappointing.

-- Ravensfire
 
DaveShack has requested a Judicial Review over the issue of whether or not an instruction to declare war should be followed if a citizens' poll shows a supermajority in favor of it, but the Senate poll does not.

As ravensfire noted, Section F.2 of the Code of Laws is rather explicit in what constitutes enough support for a declaration of war. It states, in its last sentence: "If either poll gains a two-thirds majority in support of war, war may be declared regardless of the other poll." Clearly, if the Assembly poll was 90% in favor and the Senate poll had not reached a decision, war could still be declared. One could also reference DG7JR2, which upheld the constitutionality of the Senate overruling the Assembly; if that is constitutional (which was somewhat questionable at the time), the Assembly can certainly overrule the Senate.

Therefore, it seems obvious that an instruction posted in favor of war, with an Assembly supermajority to back it up, is quite valid, and doesn't really need a full-fledged Judicial Review to back this up. As a result, I will rule that this JR request has No Merit.
 
It seems to me that DaveShack's question, "If a citizens vote is 90% in favor of declaring war but the Senate poll has less than a majority, should an instruction to declare war be followed?" is an easy one to answer. Anyone with a copy of the Constitution can easily find the answer, including blindmen. Is this the question that is really being asked here?

I was very dissappointed with the events of this last Turn Chat, but not because of any reason listed here in the Judicial thread. Prior to anyone raising ANY issues, I was mentally filling the gallows with indiviuals whom I felt should have been proficient enough to document a DG Turn Chat. :mischief:

Then I found out that our Bench was asked to be the scapegoat in identifying the TRUE problem with unjustified fingerpointing. Well, as Chief Justice Bootstoots has stated, that just ain't gonna happen.

The question, although easily answerable, is not factual in the recent T/C events. Second, the asker of the question posted Instructions which bound the DP leagally, whether he was aware of it or not, to remain at Peace with Rome. The DoM failed to give the people of this fine country the information it needed to proceed with our real estate and mineral resource acquisition. And then, as far as I can tell, none of these fine citizens attended the T/C to help our D/P through this trying time.

And the worst part of this fisaco, the part that twists the knife at the very end, the part that sets all this, at least for me, in concrete, is there is no Chat Log or relevant Sceenshots posted. :crazyeye: And NOONE has said anything about that. I do believe there is more factual evidence on the instigators of the JFK assassination available, than the happenings of the last T/C. :sad:

So, I agree with CJ Bootstoots, in that this question does not merit a full blown JR. Even the smiling blindman in the corner knows the answer to that question. But, I guess what I'm trying to say is that this court should not be used in this fashion for a handy lynch mob, as we don't have enough rope. ;)

Cyc
Public Defender
 
Thanks! :goodjob:
 
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