Quote:Judicial Act
An act to establish operational principle, procedures, and best practices for the High Court
1. The High Court
(1) The High Court comprises a Chief Justice and at least two Associate Justices.
(2) The Chief Justice operates the High Court. In case of vacancy, absence, or recusal, the Associate Justices shall collectively operate the High Court.
(3) The Chief Justice may order the recusal of any associate justice on a specific issue. The Associate Justices may collectively force the recusal of the Chief Justice on a specific issue.
(4) In case of a vacancy, a willing and eligible Associate Justice will be selected by their peers to serve as Chief Justice.
(5) To appoint an Associate Justice, the Cabinet will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.
(6) The Cabinet is compelled to appoint a fitting individual as per above with all deliberate speed if
a. there are less than two Associate Justices on the High Court,
b. the Chief Justice position is vacant and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
c. a case cannot continue due to recusals.
(7) The Cabinet may also propose the appointment of a Temporary Justice, limited to a specific period of time.
a. The Chair of the Assembly may choose bring this appointment to an immediate approval vote without debate if the appointment is urgent and limited to at most two months.
b. The requirements for appointment as Temporary Justice shall otherwise be the same as for appointment as Associate Justice.
c. Temporary Justices shall be able to take on cases as regular Justice, however their decisions shall be subject to approval by another, non-temporary Justice.
Differences: removed another section due to concerns
Quote:Judicial Act
An act to establish operational principle, procedures, and best practices for the High Court
1. The High Court
(1) The High Court comprises a Chief Justice and at least two Associate Justices.
(2) The Chief Justice operates the High Court. In case of vacancy, absence, or recusal, the Associate Justices shall collectively operate the High Court.
(3) The Chief Justice may order the recusal of any associate justice on a specific issue. The Associate Justices may collectively force the recusal of the Chief Justice on a specific issue.
(4) In case of a vacancy, a willing and eligible Associate Justice will be selected by their peers to serve as Chief Justice.
(5) To appoint an Associate Justice, the Cabinet will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.
(6) The Cabinet is compelled to appoint a fitting individual as per above with all deliberate speed if
a. there are less than two Associate Justices on the High Court,
b. the Chief Justice position is vacant and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
c. a case cannot continue due to recusals.
d. The Assembly passes a resolution to this effect. This does not allow the Assembly to nominate candidates.
(7) The Cabinet may also propose the appointment of a Temporary Justice, limited to a specific period of time.
a. The Chair of the Assembly may choose bring this appointment to an immediate approval vote without debate if the appointment is urgent and limited to at most two months.
b. The requirements for appointment as Temporary Justice shall otherwise be the same as for appointment as Associate Justice.
c. Temporary Justices shall be able to take on cases as regular Justice, however their decisions shall be subject to approval by another, non-temporary Justice.
Differences: removed several sections, changed the language
Quote:Judicial Act
An act to establish operational principle, procedures, and best practices for the High Court
1. The High Court
(1) The High Court comprises a Chief Justice and at least two Associate Justices.
(2) The Chief Justice operates the High Court. In case of vacancy, absence, or recusal, the Associate Justices shall collectively operate the High Court.
(3) The Chief Justice may order the recusal of any associate justice on a specific issue. The Associate Justices may collectively force the recusal of the Chief Justice on a specific issue.
(4) In case of a vacancy, a willing and eligible Associate Justice will be selected by their peers to serve as Chief Justice.
(5) To appoint an Associate Justice, the Cabinet will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.
(6) The Cabinet is compelled to appoint a fitting individual as per above with all deliberate speed if
a. there are less than two Associate Justices on the High Court,
b. the Chief Justice position is vacant and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
c. a case cannot continue due to recusals.
(7) The Chair of the Assembly will every six months start a discussion on the current bench of the court, to investigate potential dereliction of duty.
a. Legislators may move to vote on a resolution to approve the full bench anytime, according to the regular requirements for such motions. This resolution shall require a simple majority.
b. If, after seven days, no resolution to approve the full bench has been put to vote and no proposal to either recall a Justice, following the regular procedure, or a proposal to compel the Cabinet to appoint additional Justices has been put forward, the Chair shall put to vote a resolution to approve the full bench.
c. If such alternative proposals have been rejected or not been brought to a vote within fourteen days, the Chair shall put to vote a resolution to approve the full bench.
d. If a vote to approve the full bench fails and no valid alternative proposals have been put forward, the Chair shall bring to vote a resolution to compel the Cabinet to appoint an additional Justice.
e. If all votes fail, Cabinet shall debate potential action. It may then dismiss the issue.
(8) The Assembly may at any time vote on a resolution compel the Cabinet to appoint one or more additional Justices with all deliberate speed.
a. The Assembly is not allowed to nominate any candidates.
(9) The Cabinet may also propose the appointment of a Temporary Justice, limited to a specific period of time, to deal with high caseload, absences or similar.
a. The Chair of the Assembly may choose bring this appointment to an immediate approval vote without debate if the appointment is urgent and limited to at most two months.
b. The assembly may recall a Temporary Justice with a simple majority at any time.
c. The requirements for appointment as Temporary Justice shall otherwise be the same as for appointment as Associate Justice.
d. Temporary Justices shall be able to take on cases as regular Justice, however their decisions shall be subject to approval by another, non-temporary Justice.
Differences: added "all deliberate speed" to clause 8
Quote:Judicial Act
An act to establish operational principle, procedures, and best practices for the High Court
1. The High Court
(1) The High Court comprises a Chief Justice and at least two Associate Justices.
(2) The Chief Justice operates the High Court. In case of vacancy, absence, or recusal, the Associate Justices shall collectively operate the High Court.
(3) The Chief Justice may order the recusal of any associate justice on a specific issue. The Associate Justices may collectively force the recusal of the Chief Justice on a specific issue.
(4) In case of a vacancy, a willing and eligible Associate Justice will be selected by their peers to serve as Chief Justice.
(5) To appoint an Associate Justice, the Cabinet will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.
(6) The Cabinet is compelled to appoint a fitting individual as per above with all deliberate speed if
a. there are less than two Associate Justices on the High Court,
b. the Chief Justice position is vacant and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
c. a case cannot continue due to recusals.
(7) The Chair of the Assembly will every six months start a discussion on the current bench of the court, to investigate potential dereliction of duty.
a. Legislators may move to vote on a resolution to approve the full bench anytime, according to the regular requirements for such motions. This resolution shall require a simple majority.
b. If, after seven days, no resolution to approve the full bench has been put to vote and no proposal to either recall a Justice, following the regular procedure, or a proposal to compel the Cabinet to appoint additional Justices has been put forward, the Chair shall put to vote a resolution to approve the full bench.
c. If such alternative proposals have been rejected or not been brought to a vote within fourteen days, the Chair shall put to vote a resolution to approve the full bench.
d. If a vote to approve the full bench fails and no valid alternative proposals have been put forward, the Chair shall bring to vote a resolution to compel the Cabinet to appoint an additional Justice.
e. If all votes fail, Cabinet shall debate potential action. It may then dismiss the issue.
(8) The Assembly may at any time vote on a resolution compel the Cabinet to appoint one or more additional Justices.
a. The Assembly is not allowed to nominate any candidates.
(9) The Cabinet may also propose the appointment of a Temporary Justice, limited to a specific period of time, to deal with high caseload, absences or similar.
a. The Chair of the Assembly may choose bring this appointment to an immediate approval vote without debate if the appointment is urgent and limited to at most two months.
b. The assembly may recall a Temporary Justice with a simple majority at any time.
c. The requirements for appointment as Temporary Justice shall otherwise be the same as for appointment as Associate Justice.
d. Temporary Justices shall be able to take on cases as regular Justice, however their decisions shall be subject to approval by another, non-temporary Justice.
(This post was last modified: 10-30-2019, 03:14 PM by Sasha.)
Reply
|