2 replies to this topic

[Joesefus Quick]

Basic discussions about issues and meetings for the Senate Judiciary Committee are to be discussed here. For specific proposals or topics a new topic may be opened for the whole senate to discuss when it comes to a vote, and is usually proposed to the Senate by the committee chair on behalf of the committee.

[Joesefus Quick]

Members of this committee currently include:

Senator Tans Winters (Corran Halcyon) (Chair)
Senator Drake Devin (Diandra Devin)
Senator Landon Carter (Aurielle Stratus)

Current assignment to discuss Section 4 of the Charter Update. Details have been sent in PM. You may use this forum for discussion.

Edited by Josefus Quick, 03 May 2009 - 02:10 AM.

[Corran Halcyon]

This section of the charter is just about completed, but we would like it to be reviewed by the Judiciary Committee. Please post comments and suggestions below.

Quote

Section 4-The Judiciary


Article 4.1 - Court Levels

Article 4.1.a - Royal Supreme Court
(Consists of 3-4 members of the Royal First Family (Ashlee, Nicole, Marc, and James when appropriate)
-usually handles matters involving a member of the Royal Family or a member of the Throne
-a member of said court who is summoned by the other members of the body may not participate on the panel during that case
-has authority to remove/suspend any member of the Throne including the Supreme Ruler by unanimous vote
-may act independently or by request of Throne members or High Council, or Royal Family
-can remove Royal status/expel members of the Royal Family
Note that this court has rarely been called to order or used.

Article 4.1.b - Royal Throne Tribunal
(Consists of the Supreme Ruler, and 2 Executors, or where appropriate, the Supreme Chancellor or Grand Vizier or Grand Minister or Minister of Defense)
-usually handles matters pertaining to Throne members other than the Supreme Ruler or Regent, including agents of the Throne, members of the High Council, and other cases
-may take original jurisdiction from any court below
-cannot be overruled by any inferior court
-If an executor is summoned, the Supreme Ruler will select an agent of the Throne from the list above to sit on the tribunal. If there is only one Executor the Supreme Ruler will follow the same procedure.

Article 4.1.c - High Council | High Inquisition
The High Council shall have the authority to overturn the decisions made by any court system and handle a case themselves by majority vote except the High Inquisition or higher courts. The High Inquisition is, primarily, the highest government court. Though there are two higher courts, they are rarely used or called to session and generally defer matters to lower courts as they specialize in handling matters for specific circumstances only. The High Inquisition handles high crimes committed by civilians or members of the Armed Forces, though generally military matters are brought first before a military court and later deferred to the High Inquisition based on crimes or offenses committed, generally at the discretion of the military court. The High Inquisition has the authority to take original jurisdiction on any matter if a petition is submitted by government officials or parties in question (granted that the case warrants their attention).

Article 4.1.d - Royal Court or Inquisition | Military Court
Royal Court or Inquisition shall deal with civil matters having jursidiction within an oversector or a group of sectors. The Military Court system shall have jursidiction over military matters and all crimes and offenses committed by members of the Armed Forces while on duty. High crimes brought before a Military Court is generally deferred by the Court to the High Inquisition or higher court.


Article 4.1.e - Sector Inquisition
A civil court or inquisition having jurisdiction over an entire sector. It cooperates and reports to the Sector Governor. Matters concerning the Sector Moff or Governor are generally brought to the attention of the Supreme Chancellor and generally brought before the High Inquisition.

Article 4.1.f - System Inquisition
A civil court or inquisition having jurisdiction over an entire system of populated worlds.

Article 4.1.g - Planetary Inquisition
A civil court or inquisition having jurisdiction over the entire planet. Has original jurisdiction concerning planetary and district officers, excluding the Governor/Lieutenant Governor.

Article 4.1.h - District Inquisition
A local civil court or inquisition that shall deal with civil matters within its geographical jursidiction, is above the municipal level and may overturn decisions made by municipal courts. Has original jurisdiction over matters concerning municipal officers.

Article 4.1.i - Municipal Inquisition
A local civil inquisition or court that shall deal with civil matters within its geographical jursidiction


Article 4.2 - Power to Pardon
Those with powers to pardon an individual of crimes committed against the Imperial Republic or its inhabitants are listed below. Those with the power to pardon may not pardon themselves or others with the same power or those of higher authority. The Supreme Ruler and Supreme Chancellor shall have galactic pardoning jurisdictions of all crimes, though the Chancellor will generally consult with the Throne before acting. Sector/Planetary Governors may pardon individuals of civil crimes committed within their own sector/planet, unless it is a High Crime against the Imperial Republic. Grand Admirals shall have the authority to pardon individuals who committed civil crimes within a sector or territory of which they have legitimate governance or military of those committed by members of the Armed Forces within their jurisdiction unless it is a High Crime.

-Supreme Ruler
-Supreme Chancellor
-Sector Moff*
-Grand Admirals*
-Planetary Governor*
* denotes limited jurisdiction


Article 4.3 - Power to Arrest
Those with the power to arrest are obligated to hand custody of the arrested individual to the appropriate department that handles the type of investigation and offender in question, or by order of a court or government official possessing appropriate authority or jurisdiction of such matters. Those having diplomatic immunity due to government office or status can not be arrested by any organization unless specifically stated below.

Article 4.3.a - Royal Guard*
The Throne invests in the Royal Guard the authority to arrest and investigate anyone regardless of position or branch (with the exception of protectees, members and agents of the Throne, members of the High Council, and members of the Royal Family) when the safety of a protectee is in question. Those exempted from arrest except the Supreme Ruler may be arrested by warrant issued from any member of the Throne or in emergent situations by temporary warrant from the Commandant of the Guard.

Article 4.3.b - Directorate of Counterintelligence (IRIS)*
The IRIS-Directorate of Counterintelligence shall have the authority to arrest and investigate any persons in a law-enforcement, military, or intelligence, or security organization who they deem has compromised the security of the Imperial Republic, the Throne, the Royal Family, protectees of the Royal Guard, or their own department. In emergency situations or times of betrayal or treason they have the authority to take over investigations or security departments. They must obtain warrants from the Director, Supreme Chancellor or the Throne before arresting those exempt from arrest depending on the level of authority required to arrest the individual in question.

Article 4.3.c - Security Bureau
The security bureau shall have the power to arrest and investigate any civilian personnel that they have good reason to take into custody in accordance with the laws of the Imperial Republic Charter and local sector, system, planetary, district, and municipality laws within the jurisdiction of the Imperial Republic. Warrants must be obtained from the Grand Minister of COMPNOR to arrest members of the Select Committee. Likewise warrants must be obtained from the Supreme Chancellor for those with diplomatic immunity.

Article 4.3.d - Military Police
The military police shall have the power to arrest and investigate any members of the Armed Forces who have committed crimes while on duty or while on or involving military property. They shall also have authority to arrest/investigate any personnel civilian or military who commit crimes on military property or who illegaly interfere with direct military operations.

Article 4.3.e - Military Commanding and Executive Officers, capital warship commanders
Commanding Officers and Executive officers of units shall have the authority to arrest those under their command and require the Military Police to carry out the arrest and investigation. Capital warship commanders and appropriate bridge officers may cause to have arrested and investigated any persons who commit suspicious activity aboard a vessel of the Imperial Republic Military.

Article 4.3.f - Grand Admirals
Grand Admirals shall have the authority to cause to be arrested and investigated individuals who commit crimes or illegal operations within the governance and jurisdiction given to the Grand Admiral by the Throne.
* denotes universal/special arrest privileges

Article 4.4 - Power to Detain
Definition/Difference from arrest - Do we even need this section? It will be very complex if we have to include it.- Stratus

Article 4.5 - Power to Issue Warrants
All individuals with the power to issue warrants for arrest and investigation are only entitled to issue said warrants within their sphere of authority and jurisdictions and where otherwise stated.

+Royal Supreme Court
-Supreme Ruler
-Executor
+Royal Throne Tribunal
+High Council
+High Inquisition
-Supreme Chancellor
+Senate
-Grand Minister
-Minister of Defense
-State Security Advisor
-Grand Admirals
+Military and Royal Courts
-Chief of Naval Operations, Chief of Army Operations, Chief of Special Operations, Director of Intelligence, Deputy Director of Intelligence, Underdirector - DCI (IRIS), IRIS - all levels of Chiefs, Director of IRSB, Deputy/Under Directors of IRSB, Commandant of RG
+All Levels of Courts and Inquisitions
-Sector Moffs, Adjutants, Planetary Governors, Municipal Mayors
-denotes individuals holding said position
+denotes a body or members of the said body

Article 4.6 - High Crimes
High Crimes of offenses shall include: Conspiracy to Treason, Treason, High Treason, attempted or actual acts of terrorism, attempted or actual assassination of government or military personnel, espionage, murder, and conspiracy to murder. Crimes such as murder or conspiracy to murder are high crimes that are generally investigated by the lower level courts who have original jurisdiction. All others are generally investigated by higher courts.

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Senator Winters sat in the Judicuay Committee's chambers waiting on the rest of the senators to arrive. His secritary buzzed him.
"Excuse me, Senator, the other senators have arrived."

"Thank you. You may send them in."





Senator Tans Winter
Representative of Sullust
Chair, Senate Judiciary Committee
Imperial Republic Senate

Edited by Corran Halcyon, 04 May 2009 - 08:22 PM.
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