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[Draft] Amendment to the Judicial Act ( TemporaryAppointment of Justices)
#1

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

Differences: removed several sections, changed the language

Differences: added "all deliberate speed" to clause 8

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[Draft] Amendment to the Judicial Act ( TemporaryAppointment of Justices) - by Sasha - 10-26-2019, 10:58 PM



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