Judicial Reform Act, 1800

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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JUDICIAL REFORM ACT, 1800

Enacted on 14 Sigismund's End, 1804

Introduced in the Commons.

Passed in the 21st Imperial Diet.

 

INTRODUCTION

The Imperial Judiciary, as defined within the Judiciary Act of 1740, has been a vital part of the Empire through the sixty years wherein it has existed. With the addition of the municipal charters, wherein magistrates have been allowed to verdict in cases of law, the judiciary has been left with uncertainty as to duties. The following act aims to modify the Imperial Judiciary, wherein the municipal charters have been included, to permit the systemic differences, as issues from the Crown, to be implemented into the Imperial Judiciary. 

 

SECTION I:

Definitions

      “Judicial Honorifics” shall be construed to mean the honorifics utilized to address individuals placed upon the Courts of Law.

 

      “Municipal Courts” shall be construed to mean the Courts of the local municipalities.

 

      “Magistrate” shall be construed to mean an individual placed as the judicial power of the Municipal Courts. 

 

      “The Circuit Court” shall be construed to mean the nationwide Court of the Holy Orenian Empire. 

 

      “Judge” shall be construed to mean an individual placed as the judicial power of the Circuit Court. 

 

      “The Supreme Court” shall be construed to mean the appellate court of the Holy Orenian Empire. 

 

      “Justice” shall be construed to mean an individual placed as the judicial power of the Supreme Court. 

 

      “Municipal Civil Law” shall be construed to mean all civil law passed within municipal assemblies.

 

      “Imperial Civil Law” shall be construed to mean all civil law passed within the House of Commons, wherein it is included into the Oren Revised Code. 

 

SECTION II:

Judicial Honorifics

II.I - Individuals of the Municipal Courts shall be granted the following honorific:

“Magistrate [Name of Individual] of the [Charter Court Number] Municipal Court.” 

 

II.II - Individuals of the Circuit Court shall be granted the following honorific:

“Judge [Name of Individual] of the Circuit Court.” 

 

II.III - Individuals of the Supreme Court shall be granted the following honorific: 

“Justice [Name of the Individual] of the Supreme Court.”

 

II.IV - All individuals of the courts shall be formally address with the following: 

“Your Honor [Name of the Individual].”

 

SECTION III:

Restructuring of the Courts

III.I - It shall henceforth be within the jurisdiction of Municipal Courts to verdict on criminal laws within the area of infractions and misdemeanors, as well as all municipal civil law. 

III.II - It shall henceforth be within the jurisdiction of the Circuit Court to verdict on criminal laws within the area of infractions, misdemeanors, felonies and treason, as well as all imperial civil law. 

III.III - It shall henceforth be within the jurisdiction of the Supreme Court to verdict on all appealed cases of the Municipal and Circuit Courts, as well as all judicial reviews. 

 

SECTION IV:

The Supreme Court - Copy of CH605 with additions

IV.I - The Supreme Court shall act as an appellate court which serves the entirety of the Holy Orenian Empire. 

          IV.IA - Justices of the Supreme Court are permitted to hear cases within the Circuit & Municipal Courts. 

                   (i) The Justice of the Court must excuse themselves if the case, as heard within the Circuit & Municipal Courts, is appealed to the Supreme Court. 

IV.III - This court shall consist of five Justices of the Supreme Court, of whom one shall hold the office of Chairman of the Supreme Court. These justices of the Supreme Court act with the delegated power of the Crown, and are thus selected by the Crown with the advice and consent of the House of Commons. 

IV.IV  - Any judgement incurred by the Supreme Court shall not be made with no less than a majority of three out of five of the justices of the Supreme Court, with four judges being required to hear the case, giving their interpretation and vote. 

IV.V  - Any civil verdict and any criminal verdict can appeal to the Supreme Court. 

IV.VI - The Supreme Court is delegated the power to overturn any verdict from lesser courts. 

IV.VII - Any appeal of the verdict of a lesser court must be done on one of two bases - an appeal on the basis of the facts of the case or an appeal on the basis of a mistrial. 

IV.VIII  - Any appeal shall be brought by way of petition to the Supreme Court, praying that the matter of the order or judgment appealed against maybe reviewed before those delegated the authority of judgement while seated as a justice of the Supreme Court, in order that the said court may determine what of right, and according to the law and custom of this realm, ought to be done in the subject matter of such appeal. 

IV.X  - Any appeal shall not be entertained by the Supreme Court, without the assessment of at least one justice of the Supreme Court that determines that the appeal is on good and sensible grounds, in any case where proceedings in error or on appeal could not have previously been had in the Supreme Court without the fiat or consent of such officer. 

IV.XI  - It is the duty of the Supreme Court to post its judgements on a public forum, as they are conclusions of law at the highest level, therefore becoming precedential conclusions of common law, in contrast to statutory law which shall exist through legislation. 

IV.XII  - Any verdicts of the Supreme Court shall become binding interpretations of law, unless overturned by subsequent sessions of the Supreme Court. 

IV.XIII  - The Crown shall retain the Imperial prerogative as a final stage of appeal, however, the involvement of the Crown is a direct challenge to the validity of the Supreme Court in as much as overriding or devaluing their judgements, and thus this must be relegated as an extreme measure of extraordinary circumstance and should not be anything beyond a rarity.

IV.XIII - Any offices, outside of the magistrates appointed by the Crown, are hence forbidden from the casting of judgements or the hearing of cases, as only the aforementioned approved judges of the Circuit and Supreme Court may cast judgements of law under the provisions of this legislation.5

 

SECTION V:

The Circuit Court - Copy of CH606 with additions

V.I - The Central Circuit, serving as a mobile court with all the Holy Orenian Empire as its jurisdiction, and as the court of imperial wide law, as written within the Oren Revised Code, shall be headed by the justices of the Circuit Court to decide judgements. This position is until resignation, or deemed unnecessary by a vote of the Senate, or alternately the prerogative of the Crown.1

V.II - No other courts within the territory of the Holy Orenian Empire or its subsidiary realms shall exist with the power to cast judgements in relation to felonies and treason, as well as imperial civil law.2

V.III - The number of justices on each of these circuits shall evolve according to an ad hoc basis and shall not be fixed. 

V.IV - On the competencies of the Circuit Court 

        V.IVA - The justices of the Circuit Court act with the delegated power of the Crown and are thus selected by it with the consultation of the government as well as the advice and consent of the House of              Commons.3 

        V.IVB - The rulings of the Circuit Court are to adhere to both Imperial law and, in cases of no conflict, provincial law, specifically that pertaining to the location in which the offenses               originated. In instances of conflict between these codexes with either offenses or penalties, Imperial law shall always take precedence, the failure of which to occur being clear grounds for an appeal to the Supreme Court. 

        V.IVC - The rulings of the Circuit Court are to remain strictly textualist in nature. 

V.V - Legal Procedure Act (1772): Jury Selection

        V.VA - A jury, in cases heard on charges classified as a felony or treason, shall be composed of three jurors;

        V.VB -  Jurors shall be selected from the province wherein the alleged offense occurred;

        V.VC -  The presiding Justice shall select jurors at random from the Imperial Census;

        V.VD -  Jurors shall be obliged to disclose any previous or current relationships, interactions or opinions of any party involved with a trial;

                  (i) Failure to do so shall render the trial a mistrial, and shall constitute an act of Perjury in accordance with the Orenian Revised Code CH204.09;

        V.VE - A relevant party may approach the Justice with concerns about a juror, and if such concerns are sufficient, the Justice shall arrange for a new juror to replace them.4

V.VI - Non-Partisan Courts Act (1768): On Affirming the Non-Partisan Nature of the Courts 

       V.VIA - Court justices are hereby to be barred from running for or holding a seat within the House of Commons. 

       V.VIB - Court justices are to be barred from publicly pledging support for, affirming membership of or endorsing any political party or faction. 

       V.VIC - Any court justice must, upon appointment, immediately declare any and all interests in regards to political factions or organizations and forsake it by way of oath. 

       V.VID - Court justices are to declare any business affiliation or interest or allegiance to anyone other than God, the Crown, and the law of Oren; and cannot adjudicate over matters with which they have a         declared interest in; therefore a justice must recuse themselves from any trial of the kind.

 

SECTION VI:

The Municipal Courts 

VI.I - The Municipal Courts shall be named in the following function:

      VI.IA - The Imperial Charter of Providence shall hold the 1st Municipal Court

      VI.IB - The Imperial Charter of Redenford shall hold the 2nd Municipal Court

      VI.IC - The Imperial Charter of New Esbec shall hold the 3rd Municipal Court

      VI.ID - The Imperial Charter of Dobrov shall hold the 4th Municipal Court

      VI.IE - All charters created after this act shall be named in a numerical fashion after the above order. 

 

VI.II - On the competencies of the Municipal Courts 

      VI.IIA - The magistrates of the Municipal Courts act with the delegated power of the Crown and are thus selected by it with the consultation of the government.

      VI.IIB - It shall first and foremost be within the duties of the Municipal Courts to adhere, as well as rule upon, local civil laws of the individuals municipalities. In instances of conflict between municipal  civil law and imperial civil law with either offenses or penalties, imperial civil law shall always take precedence, wherein the case must be moved to the Circuit Court, the failure of which to occur being clear grounds for an appeal to the Supreme Court. 

      VI.IIC - The criminal rulings, meaning that of infractions and misdemeanors, of the Municipal Courts are to adhere to both Imperial law and, in cases of no conflict, provincial law, specifically that     pertaining to the location in which the offenses originated. In instances of conflict between these codexes with either offenses or penalties, Imperial law shall always take precedence, the failure of which to   occur being clear grounds for an appeal to the Supreme Court. 

      VI.IID - The rulings of the Municipal Courts are to remain strictly textualist in nature. 

 

VI.IV - On Affirming the Non-Partisan Nature of the Courts 

     VI.IVA - Court magistrates are hereby to be barred from running for or holding a seat within the House of Commons. 

     VI.IVB - Court magistrates are to be barred from publicly pledging support for, affirming membership of or endorsing any political party or faction. 

     VI.IVC - Any court magistrate must, upon appointment, immediately declare any and all interests in regards to political factions or organizations and forsake it by way of oath. 

     VI.IVD - Court magistrates are to declare any business affiliation or interest or allegiance to anyone other than God, the Crown, and the law of Oren; and cannot adjudicate over matters with which they       have a declared interest in; therefore a justice must recuse themselves from any trial of the kind.

 

SECTION VII:

Amendment to CH606: Judiciary Act (1740) - On the Circuit Courts

Following section of the Judiciary Act: 

“606.01 - Judiciary Reform Act (1763): The Central Circuit, serving as a mobile court with all the Holy Orenian Empire as its jurisdiction, and as the court of first instance, shall be headed by the justices of the Circuit Court to decide judgements. This position is until resignation, or deemed unnecessary by a vote of the Senate, or alternately the prerogative of the Crown.”

 

Shall be amended to : 

1“606.01 - Judiciary Reform Act (1763): The Central Circuit, serving as a mobile court with all the Holy Orenian Empire as its jurisdiction, and as the court of imperial wide law, as written within the Oren Revised Code, shall be headed by the justices of the Circuit Court to decide judgements. This position is until resignation, or deemed unnecessary by a vote of the Senate, or alternately the prerogative of the Crown.“ 

 

Following section of the Judiciary Act: 

“606.03 - No other courts within the territory of the Holy Orenian Empire or its subsidiary realms shall exist with the power to cast judgements in the first instance.” 

 

Shall be amended to: 

2“606.03 - No other courts within the territory of the Holy Orenian Empire or its subsidiary realms shall exist with the power to cast judgements in relation to felonies and treason, as well as imperial civil law.” 

 

Following section of the Judiciary Act: 

“606.05A - The justices of the Circuit Court act with the delegated power of the Crown and are thus selected by it with the consultation of the government of each vassal province as well as the advice and consent of the House of Commons.” 

 

Shall be amended to: 

3“606.05A - The justices of the Circuit Court act with the delegated power of the Crown and are thus selected by it with the consultation of the government as well as the advice and consent of the House of Commons.” 

 

Following section of the Judiciary Act: 

“606.06 - Criminal Justice Reform Act (1746): On Jury of Peers for Circuit Courts 

606.06A - A jury of peers shall constitute residents from within the Circuit Court region who shall sit at trials of Imperial Courts and observe the exercise of due process on the accused. 

606.06B - A jury of peers shall be composed of three members residing in the place of origin of the accused. 

606.06C - In all cases of due process, the Circuit Courts and all other courts of law in the Holy Orenian Empire shall not hold criminal trials and exercise acts of justice without a jury of peers. 

606.06D - A jury of peers shall have the power of consultation to advise and deliver a judgment rendered at the discretion of the presiding Imperial magistrate. The jury must have a two-thirds majority consensus on rendering its verdict to the court.”

 

Shall be amended to: 

4“606.06 - Legal Procedure Act (1772): Jury Selection

606.06A - A jury, in cases heard on charges classified as a felony or treason, shall be composed of three jurors;

606.06B -  Jurors shall be selected from the province wherein the alleged offense occurred;

606.06C -  The presiding Justice shall select jurors at random from the Imperial Census;

606.06D -  Jurors shall be obliged to disclose any previous or current relationships, interactions or opinions of any party involved with a trial;

        (i) Failure to do so shall render the trial a mistrial, and shall constitute an act of Perjury in accordance with the Orenian Revised Code CH204.09;

606.065 - A relevant party may approach the Justice with concerns about a juror, and if such concerns are sufficient, the Justice shall arrange for a new juror to replace them.”

 

SECTION VIII:

Amendment to CH607: Judiciary Act (1740) - On the Supreme Court: 

Following section of the Judiciary Act: 

“607.1A - Any provincial ‘justiciar’ positions are hence forbidden from the casting of judgements or the hearing of cases, as only the aforementioned approved judges of the Circuit and Supreme Court may cast judgements of law under the provisions of this legislation.“

 

Shall be amended to: 

5“607.1A - Any offices, outside of the magistrates appointed by the Crown, are hence forbidden from the casting of judgements or the hearing of cases, as only the aforementioned approved judges of the Circuit and Supreme Court may cast judgements of law under the provisions of this legislation.“

 

Introduced by Representative William T. Aubert on 10th of the Sun’s Smile, 1800

 

Cosponsored by Representative Ophelia van Wick

 

Issued and proclaimed,

Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.