Judicial Reforms!

[Harald 2875]

ANNOUNCEMENT of the SOLICITOR-GENERAL

JUDICIAL REFORMS

 

 

TABLE OF CONTENTS

 

I.  Foreword

II. SUPREME COURT

III. THE CIRCUIT COURT

IV. THE MUNICIPAL COURT

V. JUDICIAL PROCESS OF TRIALS AND APPEALS

VI. THE SOLICITOR-GENERAL

 

I. FOREWORD

The courts and laws of which our Empire is built upon is what protects each and every Imperial citizen from the lawless chaos of this world. But one thing shall be clear, the courts and laws exist to serve the everyday man and woman of our Empire, to ensure that justice is timely and fair. A system to ensure our safety and that those who wish us harm do not go unpunished. To bring about peace and that the rightful justice is served. With these reforms we wish to ensure this. That our courts are just and can better execute their responsibilities.

 

"At his best, man is the noblest of all animals; but separated from law and justice he is the worst"

~ R.V

 

 

II. SUPREME COURT

 

The Supreme Court is directly appointed by the Crown and serves as the highest judicial authority within the Empire and its respective vassals.

 

The Supreme Court is the highest instance in civil and criminal matters and thus the highest body of ordinary jurisdiction. It reviews decisions of circuit courts and the municipal courts.

 

The Supreme Court has a guiding and appellate function: its decisions are legally binding and incontestable for the parties and they point the way for all other legal cases. The Supreme Court thus contributes to the uniform application of the law and guarantees legal certainty.

 

The Supreme Court publishes all decisions in the federal legal information system via Judicial Letters (forum posts)

 

Furthermore, the Supreme Court may suggest the appointments of Circuit Judges to fill vacant judicial positions and is directly involved with their training and education in respect of the law. Once appointed by the Crown, these then become Judge-Aspirants. These Aspirants are under training and mentored by a member of the Circuit Court. The Circuit Court Justice then may allow the Aspirant to assist with presiding cases at hand. The Supreme Court then may hold trainings and interviews to determine if said Aspirants are ready and prepared to become a Judge of the Holy Orenian Empire and her Judicial System.

 

III. THE CIRCUIT COURT

 

 

The Circuit court stands as the backbone of the Imperial Judiciary. Within its duties to the Empire, lays the vast and important duty of presiding over both civil and criminal cases. Furthermore, Circuit Justices reserve the authority to allow warrants of search. 

 

They are appointed by the crown at hand of a suggestion made by either the Supreme Court or the Solicitor General, yet the Crown retains the right to appoint a justice by their own will and suggestion. When freshly appointed, a man or woman of this Court becomes a Judge-Aspirant and begins their training and mentorship under a fully fledged Justice of either the Circuit or Supreme Court. Their time as Aspirants is dependent upon their mentor and their progress in studies of the law. 

 

Once an Aspirant feels they are ready and prepared well enough for the position, their mentor-judge shall inform the Supreme Court of the current situation. Soon thereafter, a member of the Supreme Court shall then conduct an interview within said Aspirant before questioning them upon different legal situations and potential cases. 

 

IV. THE MUNICIPAL COURT

 

The Municipal Court is the local judicial authority within a municipality. They may judge cases and hold trials similar to those of the Circuit Court, but they may not stretch beyond the borders of their municipality. These Justices do not require overview or training, but simply the authority from the crown.

These Municipal Judges, also known as Magistrates, are directly appointed by His Imperial Majesty. Their duties do not end with those of a judge, for these members of the judiciary also administer free and fair municipal elections, the selection of a diet representative and the collection of taxes, excises or tariffs on behalf of the Treasury of the Holy Orenian Empire. Additional duties are defined within their respective charters that grant them vested judicial authority,

 

V. JUDICIAL PROCESS OF TRIALS AND APPEALS

 

Trials:

 

To ensure the efficiency of the criminal justice system in respect of trials, said trials must be held at a swifter date than previously. Before a trial is officiated, the presiding justice may decide if the case shall be decided by his own verdict, or by jury. If the presiding justice decides the case shall be handled by himself, the normal judicial process is in effect. There it will simply be a question of a judge, a potential lawyer for the defendant and a prosecutor. To provide a public overview, the verdict shall be posted publicly.

 

If a jury is presiding along with a justice, the normal judicial process is also in effect, though while the judge still presides and keeps the order, the jury has full power to decide punishment in accordance with the law. A jury must at least consist of 3 non biased imperial citizens and must not exceed the number of 5.

 

Regardless of jury or not, during a trial the following procedures must be followed; The Prosecution begins by opening the case before the judge. They present the charges and their evidence/witnesses. The defendant then presents their evidence/witnesses for the defence of the accused and makes their statement. The evidence is then overviewed by the presiding justice and the witnesses are called forwards. Each party of the trial (defence and prosecution) gets a limit of two questions per witness. After all witnesses are questioned and processed, the judge then makes the final decision to deliver the verdict. Then either the judge of the jury decides; Guilty, or not guilty.

 

Appeals:

 

Appeals are handled by the entirety of the supreme court and are voted upon after a thorough investigation and discussion between the justices. For an appeal to be granted, a simple majority is needed. If the appeal is granted, the verdict is then annulled and the case is once more present within the court and administered directly by a supreme court justice of the Chief Justice’s choice. If the simple majority is not achieved, the verdict stands as given and the appeal is dismissed.

 

After a verdict is given by a Judge upon a trial, an appeal must be requested within 1 OOC month. If such is not the case, no appeals can be accepted by the Supreme Court unless given approval by a simple majority of the members of the Supreme Court. 

 

If an appeal is presented to the Supreme Court within the aforementioned time period, yet it is not reviewed for the duration of said time period, the appeal holds its place until it is either dismissed or granted. Though if the appeal is presented within the time period, but it is neither reviewed nor granted within said time period, the Supreme Court’s activities shall be tested and inspected by the Solicitor General.

 

If the Solicitor General finds a, or multiple members of the Supreme Court lacking proper attendance in legal matters, the Solicitor General then may appeal to the Crown in order to remove said Justices from office.

 

VI. THE SOLICITOR-GENERAL

 

The Solicitor-General acts as the head of the Ministry of Justice and enacts the legal will and authority of the Crown. The Solicitor-General is also head of the Prosecution Services of the Ministry of Justice. It is their prerogative to ensure that criminals are prosecuted properly and that their punishments are enacted correctly.

 

This office also serves as a cabinet position for the Archchancellor and as an advisor on legal and judicial matters for the crown. He or she may also summon criminals to court and prosecute said criminals if sufficient evidence is provided. 

 

Furthermore, the Solicitor General directly ensures that all aspects of the Imperial legal system are operating efficiently. He or she reviews and suggests applicants for judicial offices from the municipal courts to the supreme courts and may appeal to the crown for their removal when he or she finds them lacking the necessary qualities of fulfilling their duties as justices. 
 

 

WE DO SO DECLARE, FROM THE OFFICE OF THE SOLICITOR-GENERAL, VERITAS OMNIA VINCIT!

 

As declared by,

His Excellency, the Solicitor-General,

REV VUILLER.

[sergisala 3451]

"Does the Solicitor-General know that this so-called reform does not change anything of the system that we already have in place? I do also wonder if His Excellency knows that the Ministry of Justice does not have the power to decide the organization, composition or functions of the Imperial Courts, as that decision belongs to the Imperial Diet and the Crown, as consacrated by the Council of State Establishment Edict, the Judiciary Act of 1740, and the rest of Acts of the Imperial Diet." Sir Charles Galbraith remarked

[VIROS 2915]

"Very necessary and long overdue reforms from our Justice Minister," remarks the Vice-Chancellor to the Director of Civil Affairs @Minuvas. "The Vuillers always have the right of things."