03-09-2015, 06:07 PM
Rules and Procedures of The High Court of The South Pacific
09/03/2015
Article 1: Judicial Conduct.
1. In conducting business of the High Court, Justices should uphold the following qualities:
a. Fairness - Avoid prejudice based on personal bias, instead rule upon what is written in law.
b. Prudence - Consider the impact of Court rulings carefully, and ensure whenever possible, that no individual should be able to gain personal benefit or otherwise exploit rulings of the Court.
c. Integrity - Avoid corruption by undue influence beyond the realm of the Court in the discharge of one's duties.
d. Resilience - Justices and the Court may face backlash and criticism for the discharge of our duties, but the prospect of discord should not deter the Court from reaching the proper decision.
e. Teamwork- Maintain good communication with the community and fellow Justices.
f. Honor - To serve and dignify the region in the maintenance of an important security apparatus.
Article 2: Legal Question Procedures.
1. Legal Questions may be submitted by any citizen to the Court when there is a question on what a law means or what is required or prohibited by the law.
2. When submitting a Legal Question, the Petitioner must include all relevant portions of law and the questions they seek to be answered.
3. Once submitted, the Permanent Justice will determine if the Legal Question is justiciable, or if the issues involved are too vague or of a political nature and must be denied.
4. Denial of a Legal Question may not be appealed, as no formal decision has been delivered, but the Petitioner may submit a new Legal Question that is justiciable.
5. If the Permanent Justice determines that the Legal Question is justiciable, they will analyze the issues and laws, and deliver an Opinion with all deliberate speed.
6. The Opinion of the Permanent Justice on a Legal Question may only be appealed on grounds of violation of procedural due process, a contradiction of law, or judicial misconduct.
7. If the Petitioner files for an appeal, an appellate Justice from the Pool of Justices will deliberate the validity of the appeal and decide to rehear the case, or uphold the original Opinion.
8. The Opinion on an appeal is final and may not be further appealed, except in cases of extreme judicial misconduct.
Article 3: Criminal Trial Procedures
Section 1 - Filing a Complaint
1. Any resident of The South Pacific may lodge a criminal complaint against an individual residing within the jurisdiction of The South Pacific, or have such done on their behalf by a representative. An individual doing such will be referred to as “The Complainant” and their representative as “Complainants Counsel” during the pre-trial period. An individual who has had a criminal complaint lodged against them will be referred to as “The Accused” and their representative as “Accused’s Counsel” during the pre-trial period.
2. The Complainant or Complainants Counsel must create a thread identifying the Accused party or parties, the criminal offence they believe the Accused has perpetrated, and presenting sufficient preliminary evidence to warrant a trial.
3. The Chief Justice will publicly acknowledge receipt of this complaint within 72 hours, and the High Court Justices will collectively determine whether sufficient preliminary evidence has been presented to warrant trial.
4. Should the evidence presented be deemed insufficient then the complaint will be rejected until such time that further evidence is presented.
5. Should the evidence presented be deemed sufficient then they will publicly state such, and further inform both the Complainant and the Accused or their representatives via personal message. At this point a case number will be assigned and a new thread created for the Pre-Trial stage and all subsequent stages.
Section 2 - Pre-Trial
1. Once the case enters the pre-trial stage the Complainant, the Accused, and their respective representatives will be referred to as “The Prosecution” and “The Defence”. The Complainant remains referred to as such, whilst the Accused will be referred to as “The Defendant”.
2. The Defence has one week to respond to the complaint once the pre-trial stage is entered. Should they not respond to the complaint then The High Court will proceed to formal trial, with a plea of not guilty automatically entered. In these circumstances The High Court will appoint a representative for the Defendant to act as the Defence instead.
3. In responding to the complaint the Defence must first enter a plea of either guilty or not guilty. Should the Defence enter a guilty plea then The High Court will move immediately to sentencing. A not guilty plea can be changed to a guilty plea at any point in time following this stage.
4. Subsequent to this both the Defence and the Prosecution may submit pre-trial motions, including but not limited to motions to dismiss the charges, requests for additional time, alter the charges and for one or more Court Justices to recuse themselves. Such motions should provide evidentiary reason to justify them, and will be considered by the Court Justices collectively. Such motions may be considered later at the discretion of the Court Justices, but will not be granted short of extraordinary circumstances outside of the pre-trial stage.
5. Once all pre-trial motions have been addressed the Defence and the Prosecution will have a period of at least one week to submit lists of intended witness and all other forms of evidence to the Chief Justice for review and approval. The Court Justices will collectively approve or deny each proposed witness and piece of evidence, and provide the approved lists to both the Defence and the Prosecution. The Defence and Prosecution both have the right to cross-exammine the others’ witnesses.
6. A period of time will then be allowed for the gathering of all witness testimony. This should be arranged via a means mutually agreeable to the Defence and the Prosecution, or failing this by a means determined by the Chief Justice.
Section 3 - Trial
1. The Prosecution will have one week to present their case, including all evidence and witness testimony.
2. The Defence will then have one week to cross-examine the prosecution's witness testimony and offer rebuttal to the Prosecution's case.
3. The Defence will then have one week to present their case, including all evidence and witness testimony.
4. The Prosecution will then have one week to cross-examine the defence's witness testimony and offer rebuttal to the Defence’s case.
5. The Prosecution will have one week to present their closing argument.
6. The Defence will have one week to present their closing argument.
7. The Chief Justice may permit delays upon request at his or her discretion.
8.The case will then proceed to verdict and sentencing.
Section 4 - Verdict
1. The Court Justices will collectively reach a verdict amongst themselves by majority decision with the Defendant to be found either guilty or not guilty
2. Should a guilty verdict be reached then the case will proceed to sentencing immediately.
3. Should no majority decision be reached then a mistrial will be declared. The Defendant is found neither guilty nor not guilty.
Section 5 - Sentencing
1. Upon reaching a guilty verdict the Court Justices will also pass sentence, to be announced at the same time.
2. Sentences involving bans more than a year in length shall be subjected to a review by the Parole Board, in accordance with guidelines stipulated in Article 7 of the Code of Laws.
Section 6 - Other
1. All verdicts will be accompanied by an explanatory opinion explaining how and why the High Court reached the verdict, and why any particular sentence was imposed. When a Court Justice dissents from a majority verdict they may attach a dissenting opinion. In event of a mistrial then the Chief Justice is responsible for providing the explanatory opinion as to the reasons behind the Court’s decision to declare a mistrial.
2. Should the Chief Justice be unavailable, absent, recused, or otherwise unable to preside over a case then a Court Justice will act in his stead.
3. Should a Court Justice recuse themselves then the remaining Justices will select a replacement from volunteering citizens. Should all Court Justices recuse themselves then the Appellate Justice will select replacements from volunteering citizens.
4. The Complainant must be a past or current resident of The South Pacific and their complaint must be related to The South Pacific.
5. The Defendant may or may not be a past or current resident of The South Pacific and the complaint against them must be related to The South Pacific.