THE AULIC COURT | 549 E.S.

[erictafoya 3276]

 

VE EUYLIK KORT

THE AULIC COURT

 

Issued by the

LORD PALATINE

On this 28th day of Gronna ag Droba of 549 E.S. 

 

The Aulic Courts (Euylik Kort) was re-established under the Office of the Palatine following the Krusevian Reform of 547 E.S. The Kortrevich Government aims to explain, in full detail, the requirements and disqualifications to sit as a Jovenaar, how the Aulic Court operates, the powers and limitations of the Aulic Court, as well as all of its responsibilities and duties. It is within this document that all shall be clarified.

 

╠═════════════════════════════════════════════════════════╣

 

The Requirments and Disqualifications:

 

The Palatial Justiciar and sitting Jovenaar may only be selected by recommendation of the Crown or by the sitting Palatine. Afterwards, they must be confirmed by a session of Herzenvrest by a majority vote. In the circumstance that a tie is reached, the Grand Maer, as the representative of the city, shall be the tie breaker. Following a successful vote, the prospective Jovenaar shall be called to take an oath of office in front of the Duma or Royal Court. The oath is as follows:

 

“I, ______ , do swear to uphold the laws of this Kingdom, its vassals, and its territories when I am called to do so.

I swear to place fair and equal judgment above personal doctrine and beliefs, as I am a servant of the Crown and Realm.

 

I swear to always keep true to the Haurul Caezk, Noble Codex, and Jermic Liberties to the best of my ability.

 

Empowered as the justice of the realm, I shall execute all duties and responsibilities entrusted through me by the King/Queen and the Lord/Lady Palatine.

 

This, I swear.”

 

During the selection phase, a candidate must meet all of the following requirements in order to be considered. A Jovenaar candidate must:

 

◆ Be at least 18 years of age.
 

◆ Be a Haeseni Citizen.
 

◆ Be of sound and stable mind.

 

◆ Be a follower of the Canonist Faith and Holy Mother Church.

 

Though the requirements may seem minimal, the disqualifying factors must also be considered for prospective Jovenaars. These disqualifications are:

◆ A candidate may not be a sitting member of the Aulic Council. (Reasoning: The Aulic Council already sits as secondary Jovenaar of the realm. Furthermore, members of the Aulic Council, with the exception of the Palatine, may also be subject to the Aulic Court’s justice).

 

◆ A candidate may not be a sitting member of the Royal Duma. (Reasoning: The Royal Duma legislates and creates the laws of the land, and therefore can not be entrusted to fully judge the realm without bias. In the case of peerage, peers may still be selected as Jovenaar but must swear to find a representative of the Royal Duma. In the case of Herzenvrest participation, as a sitting Jovenaar they may not participate in the legislation of any laws or the confirmation of any fellow Jovenaar, however they may still participate in other discussion or advisory pertaining to the Herzenvrest).

 

◆ A candidate must not have a criminal record. (Reasoning: All sitting members of the Aulic Court are entrusted to judge fairly and equally. To allow someone with a notable criminal record is to allow a hypocrite to enforce the Crown’s justice on others. A Jovenaar is not only a judge, but also a model citizen. However, the ONLY exception to this factor is if the crime committed was pardoned by the Crown).

 

◆ A candidate may not be a clergy member of the Holy Mother Church. (Reasoning: The powers of the Church and State must always remain separate. Though the wisdom and doctrine of the Church is always taken into consideration, clergymen do not serve the Crown directly and therefore are considered to have loyalties external to the Kingdom).

 

◆ A candidate may not hold any loyalties foreign to the realm. (Reasoning: Jovenaar serve as loyal servants to the Crown, the Kingdom, and the populace. They dedicate their life to ensuring that justice is properly upheld and that the best interest of the realm is considered. Therefore, to have any foreign influences would be to allow a foreigner to judge the people of Haense).

 

Amongst the Jovenaar sits a leader to direct them known as the Palatial Justiciar. Since this member has already gone through the necessary vetting system, the only requirement needed is the selection by the Palatine. In the circumstance that the Palatial seat be absent without a Deputy, the Jovenaar may elect a leader amongst themselves through a majority vote.

 

Should the Palatine see it fit, the number of seats in the Aulic Court may be expanded so long as the total number including the Palatial Justiciar is odd, never even. This is to ensure that a tie in any and all proceedings is impossible.

 

╠═════════════════════════════════════════════╣

 

How the Aulic Court operates:

 

The Aulic Court operates through a complex system that allows for the smooth functionality of proceedings and hearings. Firstly, a reason must be determined in order to call the Aulic Court in session. These reasons may include, but are not limited to:

 

◆ Settling civil disputes or determining guilt in criminal offenses brought either by a citizen prosecuting a defendant or in representing the Crown in trials of High Treason.

 

◆ Reviewing the legality of laws passed through the Royal Duma or Herzenvrest should a second opinion be requested by the Palatine or Crown.

 

◆ Maintaining and updating the Haurul Caezk and Noble Codex, ensuring that all information is accurate, non contradictory, and is up to date pursuant with Crown approved legislation, edict, and or doctrine.

 

When the Aulic Court is called into session, a number of Jovenaar required must also be determined. This is determined through the severity of the charge. In civil disputes, only one Jovenaar is required. In criminal cases, three is required. In cases of High Treason, a minimum of five must be reached. The following shall serve as a guide to the Jovenaar to ensure that order is always maintained.

 

◆ The trial is preceded by the collection of evidence by the prosecution (be they citizenry or government entities). Evidence must be provided to the courts at least a saint’s hour prior to the hearing.

 

◆ Prior to the trial, the prosecution and defense, as well as any requested representation, must be identified. 

 

◆ A steady number of soldiers of the Brotherhood of St. Karl or members of the Marian Retinue must also be present to ensure the security of the session. In court, the most senior ranking soldier shall be considered the “Bailiff”.

 

◆ At the start of the trial, a prayer is spoken by the Palatial Justicar or the next most senior member of the Aulic Court. This prayer is dedicated to Exalted Godfrey, the Patron of Justice. The prayer reads:

 

“O’ Exalted Godfrey, look over our proceedings today. Guide our hands with your blessed grace. Ensure that justice prevails today and that guilt or innocence is properly determined. Amen.”

 

◆ The presiding Jovenaar shall then take their seats and call both the prosecution and defense to make their opening statements.

 

◆ Evidence is then presented to the Aulic Court by the prosecution and defense including the invitation of any present witness. This shall likely be the longest part of the process as objections, rebuttals, responses, and calls for recess shall be allowed in order for fair opportunity. However, the Jovenaar may still determine if such is necessary in order to control the flow of the argument.

 

◆ Once all evidence is presented, the two parties must then make their closing statements. At this point, NO FURTHER EVIDENCE that has not been previously mentioned can be brought to the Aulic Court during that current session. However, a second trial alongside further evidence may be requested within reason following the verdict.

 

◆ The sitting Jovenaar shall deliberate amongst themselves and determine the guilt or innocence of the defense. A verdict MUST be reached during that session, else the trial and case be considered null and void. Should the defense be considered guilty, an appropriate punishment must also be determined.

 

◆ Provided a decision is reached, the Jovenaar assemble once more and announce the verdict of “Guilty” or “Not Guilty” as well as a punishment should the defense be found guilty. If such a determination is found, the Aulic Court may order the Bailiff to detain the prisoner. From then, it is the responsibility of the Brotherhood to enact justice should it be ordered.

 

Should a retrial be requested by the defense an appeal must be called prior to the enactment of justice. It is the full determination of the Aulic Court or the Crown to accept a retrial. However, there can only be one retrial for the same case. If a defendant is found guilty twice, they shall receive twice the punishment.

 

On another note, the conduct of all parties involved in the trial as well as any spectators must also be maintained. The Aulic Court may order the Bailiff to remove any who disrupt the natural flow of the trial. Should the disruptors be either prosecution or defendant, their conduct shall be corrected accordingly by any means necessary.

 

╠═════════════════════════════════════════════╣

 

Powers and Limitations of the Aulic Court:

 

There exists a necessary number of required powers that allow the Aulic Court to function in the way that they do. With that in mind, a number of limitations also exist in order to balance that power. It is with this court system in mind that we ensure the steady flow of law within the realm.

 

The Aulic Court shall hold the power to. . .

◆ Assemble either through request, presented evidence, or through independent determination in order to resolve a case.

 

◆ Call any member of the citizenry to trial within reason excluding members of the Church, the Palatine, and the Crown.

 

◆ Review and interpret the meaning and relevancy of any law prior to Royal Assent.

 

◆ Veto any law with the expressed permission from the Crown. Following a veto, a reason must always be provided by the Aulic Court.

 

◆ Control the flow of any proceeding.

 

◆ Determine the guilt of innocence of those who stand accused.

 

◆ Punish those who are found guilty through a fair trial.

 

The Aulic Court may NOT. . .

 

◆ Call the Crown, the Palatine, or members of the clergy to trial or review.

 

◆ Interrupt the operations of the Brotherhood of Saint Karl provided the accused is proven as a clear and current threat to public safety and or national security.

 

◆ Revert a verdict after a trial has concluded with the exception of a re-trial.

 

◆ Reject evidence or witnesses without review.

 

◆ Sit in a session if a member is directly related to the prosecution or defense. Once that member is replaced, the proceedings may continue.

 

◆ Call for the removal of either the prosecution or defendant with the exception of an immediate threat.

 

◆ Question the validity of the Jeremic Liberties.

 

The removal of a Jovenaar is a relatively simple process. As they are all hand-selected by the Palatine, the Palatine may also remove them after confirmation. A Jovenaar may also be removed through a majority vote reached by the Herzenvrest. Finally, the Crown holds absolute authority over the Aulic Court and all of its verdicts.

 

╠═════════════════════════════════════════════╣

 

Responsibilities and Duties of the Aulic Court:

 

The Aulic Court is entrusted with a wide array of responsibilities and duties that must be carried on throughout their daily lives. These tasks range in importance from minor to exponentially major. They are ranked below in that order:

 

The Aulic Court’s responsibilities and duties are. . .

 

◆ To maintain and ensure the proper upkeep of the Haurul Caezk, Noble Codex, and Jeremic Liberties as necessary.

 

◆ To advise the Palatine and the Crown on domestic judicial affairs.

 

◆ To call all accused of a crime or civil strife to trial and to judge fairly without regard to one’s rank with exception to those who are immune to the Aulic Court’s prosecution.

 

◆ To review the validity, legality, and relevancy of all legislation, edicts, and doctrine.

 

◆ To ensure that the Jermic Liberties are never contradicted.

 

◆ To veto any law should a second opinion be requested by the Palatine or Crown.

 

◆ To represent the crown in matters of High Treason.

 

╠═════════════════════════════════════════════════════════╣

 

IV JOVEO MAAN,

HIS EXCELLENCY, Erik Otto of House Kortrevich, Lord Palatine of Hanseti-Ruska, 

Count of Jerovitz, Viscount of Krusev, Baron of Koravia, Lord of Emsgrad, 

Lord-Captain of ve Bykursain

 

[psychra_notte 618]

A specific former Baron looked over the new court rules he had once read over, a smile creeping across his face "Dobry! Yam glad to see it jest finally ready."

[Dramatude 861]

Baroness Adelina van Leuven reads over the new Aulic Court re-instatement, "Well needed," she nods approvingly.