Posts: 392
Threads: 38
Joined: Jul 2019
So, I was scrolling through IDU Legislation, and I noticed we didn't have a piece of Legislation going into furher detail on the Judicial Committee. So, here's my idea:
[box]The Judicial Foundation Act
§1: The Judiciary Committee
1. The Judiciary Committee shall be comprised of three equal Judges, each tasked with upholding the laws and by-laws of the IDU to the intent of which they were written, most importantly the IDU Charter.
2. As stated the second section of the IDU Charter, The Judges shall be nominated by the Delegate, and Confirmed in the State Assembly via a majority vote. Judges should have a calm demeanor, as well as being active participants in regional affairs and Roleplay and must also have the ability to fairly see both sides of an argument. Each Judge, if appointed, shall have a seat for life, Until they either cease to exist in NS and the IDU forums, Resign, or are Impeached. If a Judge Ceases to Exist, but reappears within two weeks, they shall retain their position.
3. A Judge can be Impeached, in which case, a motion of impeachment must be brought up to the Delegate, and the Delegate may decide if the Motion has merit. If so, a Trial Would be held(Trial Details in Section 2), with the Delegate or a Proxy serving as the Judge, and after the trial, the IDUSA voting as a jury of the Judge's fate.
§2: Trial Law and Judicial Jurisdiction:
1. The Judicial Committee's primary purpose is to uphold the law of the IDU. To do so, the Committee may hold a trial if the IDUSA has voted to accuse a nation of breaking one of said laws. The Speaker, or a Proxy, would serve as the prosecutor, with the Defendant either representing themselves or having a Proxy represent them. After the Trial, the judges will adjourn to discuss and to come up with a verdict, which is reached with a vote between the Judges.
2. If a Judge faces a conflict of interest that would interfere with their duty to fairly judge a trial, they have a duty to relinquish themselves from that case.
3. If a tie occurs(Which could only happen if a Judge relinquishes themselves from a case), it falls to the remaining Judges to come up with a compromise.
4. The Judiciary Committee, In Conjunction with the IDUSA, is obligated to come up with Penalties for breaking IDU regulations.
5. If a Trial of an Elected official occurs, most of the above trial Law is the same, with the Speaker serving as the prosecutor (If the Speaker is the Defendant, the Judges must choose a Proxy), the Defendant representing themselves or having a Proxy, and the Judges presiding. If the Elected official Is a Judge, and the Motion for an Impeachment Trial has been approved by the Delegate, The Accusing party will be the Prosecutor, the Judge or a Proxy as the defendant, and the Delegate as the Judge. However, in this case, after the Trial, the IDUSA will vote on the judges fate.
6. As stated in the Charter, Additional Trial Law and Procedure shall be regulated by the Judicial Committee.
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