11-14-2019, 07:16 AM
Sorry for taking so long to post this. It's been sitting on the back burner for a while.
[box]The Judicial Foundation Act
A by-law to establish the Judicial Branch of the IDU, and to regulate said branch in accordance with the IDU Charter.
Recognizing that the current IDU laws and By-laws, though short, cover a lot of ground and form an excellent foundation for regional law,
Noting that, even though the Charter mentions the creation of a Judicial Committee, it doesn't set many specifics on said committee, and leaves that up to further legislation.
Further Noting that The Judicial Committee's primary purpose should be to uphold the law of the IDU, in such case that it must be upheld
Believing that the establishment of a Judicial Branch of the IDU is crucial to grant member states a fair trial and ensure due process of Justice,
Stating that the Court of The IDU is a place where respect is paramount, resulting in the need for a code of conduct that clarifies what is acceptable in Court Chambers,
Hereby Resovles the Following:
§1: The Judicial Committee
1. Establishes the Judicial Committee, 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.
2. As stated in 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.
3. Each Judge, if appointed, shall have a seat for two years, unless they either cease to exist in NS and the IDU forums, resign, or are Impeached.
4. If a Judge ceases to exist, but reappears within two weeks, they shall retain their position.
4A. Defines ceasing to exist as disappearing from forum and/or discord activity for an extended amount of time without explanation. If someone disappears with an explanation, it shall not be considered ceasing to exist.
5. In the event that a Judge breaks IDU laws or abuses their power, they may be impeached.
5A. To hold an impeachment trial, a motion of impeachment will be brought before the Delegate, who decides if it has merit. If approved, a trial takes place.
§2: Court Proceedings and Judicial Jurisdiction:
1. To uphold the law of the IDU, 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.
1A. After the closing arguments of both the prosecution and defense, the judges will adjourn to discuss and to come up with a verdict, which is reached with a vote between the Judges.
1B. The IDUSA is obligated to come up with Penalties for breaking IDU regulations for the Judges to uphold.
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 unanimous decision.
4. As stated in the Charter, additional Trial Procedure shall be regulated by the Judicial Committee.
§3: Trials of Elected Officials
1. If a trial of an elected official who would be regularly involved in a normal trial occurs (i.e the Speaker), a proxy will fill their place.
2. If the accused elected official is a Judge, and the motion for an Impeachment Trial has been approved by the Delegate, The accusing party will serve as the prosecutor, the Judge or a proxy as the defendant, and the Delegate as the Judge, with the Delegate and other two Judges reaching a verdict.
§4: Appropriate Court Conduct
1.All Parties involved in a trial are expected to politely listen to everyone, especially the judges. Any attempts to protest out of turn, outside of an objection, will result in a warning.
2. While participating in a trial, everyone is also expected to exhibit proper trial behavior.
2A. Defines proper trial behavior as refraining from swearing or making obscene or threatening comments, while respecting all other trial participants.
3. If a participant has broken proper behavior once, been told to stop by a judge, and has continued to be disrespectful, a judge may hold that participant in contempt, resulting in a minor punishment.
3A. A Judge may also decide to spare the disrespectful participant of a punishment, but still hold them in contempt on record.
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[box]The Judicial Foundation Act
A by-law to establish the Judicial Branch of the IDU, and to regulate said branch in accordance with the IDU Charter.
Recognizing that the current IDU laws and By-laws, though short, cover a lot of ground and form an excellent foundation for regional law,
Noting that, even though the Charter mentions the creation of a Judicial Committee, it doesn't set many specifics on said committee, and leaves that up to further legislation.
Further Noting that The Judicial Committee's primary purpose should be to uphold the law of the IDU, in such case that it must be upheld
Believing that the establishment of a Judicial Branch of the IDU is crucial to grant member states a fair trial and ensure due process of Justice,
Stating that the Court of The IDU is a place where respect is paramount, resulting in the need for a code of conduct that clarifies what is acceptable in Court Chambers,
Hereby Resovles the Following:
§1: The Judicial Committee
1. Establishes the Judicial Committee, 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.
2. As stated in 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.
3. Each Judge, if appointed, shall have a seat for two years, unless they either cease to exist in NS and the IDU forums, resign, or are Impeached.
4. If a Judge ceases to exist, but reappears within two weeks, they shall retain their position.
4A. Defines ceasing to exist as disappearing from forum and/or discord activity for an extended amount of time without explanation. If someone disappears with an explanation, it shall not be considered ceasing to exist.
5. In the event that a Judge breaks IDU laws or abuses their power, they may be impeached.
5A. To hold an impeachment trial, a motion of impeachment will be brought before the Delegate, who decides if it has merit. If approved, a trial takes place.
§2: Court Proceedings and Judicial Jurisdiction:
1. To uphold the law of the IDU, 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.
1A. After the closing arguments of both the prosecution and defense, the judges will adjourn to discuss and to come up with a verdict, which is reached with a vote between the Judges.
1B. The IDUSA is obligated to come up with Penalties for breaking IDU regulations for the Judges to uphold.
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 unanimous decision.
4. As stated in the Charter, additional Trial Procedure shall be regulated by the Judicial Committee.
§3: Trials of Elected Officials
1. If a trial of an elected official who would be regularly involved in a normal trial occurs (i.e the Speaker), a proxy will fill their place.
2. If the accused elected official is a Judge, and the motion for an Impeachment Trial has been approved by the Delegate, The accusing party will serve as the prosecutor, the Judge or a proxy as the defendant, and the Delegate as the Judge, with the Delegate and other two Judges reaching a verdict.
§4: Appropriate Court Conduct
1.All Parties involved in a trial are expected to politely listen to everyone, especially the judges. Any attempts to protest out of turn, outside of an objection, will result in a warning.
2. While participating in a trial, everyone is also expected to exhibit proper trial behavior.
2A. Defines proper trial behavior as refraining from swearing or making obscene or threatening comments, while respecting all other trial participants.
3. If a participant has broken proper behavior once, been told to stop by a judge, and has continued to be disrespectful, a judge may hold that participant in contempt, resulting in a minor punishment.
3A. A Judge may also decide to spare the disrespectful participant of a punishment, but still hold them in contempt on record.
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