Judiciary Bill (WITHDRAWN)

[Gabu]

As introduced by Sen. Colin Wixted:

Judiciary Bill

Co-Sponsor: Senator SamSpade (U-LA)

Section 1: Divisions of the Supreme Court

There shall be three divisions of the Supreme Court:

   i. The Criminal Division
   ii. The Civil Division
   iii. The Electoral Division

Section 2: Criminal Division

1. The Criminal Division of the Supreme Court shall sit to try crimes against Atlasia.

2. Each trial shall be presided over by one Justice of the Court as mandated by the Constitution.

3. Trials shall be by jury unless the defendant shall enter a guilty plea or both the defendant and the prosecution shall agree to a Judge only trial.

4. Sentencing shall be by the presiding Justice, anything in previous statute to the contrary not withstanding.

Section 3: Civil Division

1. The Civil Division of the Supreme court shall sit to hear cases initiated by an individual citizen or group of citizens against the Republic of Atlasia or other citizens, excepting those cases under the jurisdiction of the Electoral Division.

2. Each case shall be presided over by one Justice of the Court, with a jury trying the evidence if the defendant shall wish it, otherwise with the Justice trying the evidence.

3. The presiding Justice shall award damages to the plantiff and order such writs as he shall feel the verdict of the jury and the weight of evidence justify.

Section 4: Electoral Division

1. The Electoral Division of the Supreme Court shall sit to hear cases concerning electoral disputes and cases concerning the Department of Forum Affairs.

2. Each case shall be presided over by one Justice of the Court.

3. The presiding Justice shall order such writs as he shall feel necessary to uphold the law.

Section 5: Full Court Consideration

1. Cases concerning the interpretation of the text of the Constitution or the constitutionality of a legislative or executive action shall be considered by the entire Supreme Court in the first instance, anything in the previous sections not withstanding.

2. The entire Supreme Court shall have appellate jurisdiction to all cases of the Divisions of the Supreme Court as to both Law and Fact.

3. The entire Supreme Court shall also have original jurisdiction over cases not otherwise assigned original jurisdiction by this statute.

Section 6: Assignment to Divisions

1. The Supreme Court shall assign Justices to Divisions of the Supreme Court as it shall wish for one month terms on the first day in each calender month.

2. No more than one Justice shall be assigned to each division of the Court in each month, excepting such circumstances as provided for in other clauses of this Section.

3. Each Justice may serve on a maximum of two Divisions of the Supreme Court, excepting such circumstances as provided for in other clauses of this Section.

4. In the event that Justices shall be absent from the Forum due to vacation or other reasons then Justice(s) may be temporarily appointed to preside over the relevant Division(s) during the absence.

5. In the event that a backlog of cases occurs on a Division of the Supreme Court, then additional Justices may be seconded to the relevant Division as the Court may see fit until such backlog is cleared.

6. Once a case is opened on a Division it shall remain under the same Justice for the duration of its consideration, even where a new Justice is assigned to the Division at the beginning of a new month, except where a Justice shall leave the Supreme Court in mid-trial, in which case a new Justice shall be selected to take over the trial.

7. A Justice may not be presiding over more than one case per Division at any one time.

I hereby open debate on this bill.

[Gabu]

Senators have eight more hours to debate this before this comes up for a vote.

[Gabu]

Okay, this bill is withdrawn.