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by Equilaria. . 50 reads.

Magistrate Impartiality Act

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Magistrate Impartiality Act



Noting: The importance of Magistrates within the Aukumnian Legal System.

Considering: The need for an independent Legal System that operates without bias, in order to achieve a fair and accurate trial.

Hereby:

  1. Proclaims that all Magistrates should resign all partisanship and links to any political entity, whom may bias or sway a Magistrate, once a Magistrate is appointed to the bench.

  2. Declares that there should be a Cool-Down Phase, after a Magistrate has left the bench, before a Former Magistrate can rejoin any potentially biased political entity, or inappropriately communicate with such an entity, of one month. (no less than thirty days)

    1. Such an exemption to Clause 2 may be made, if a Magistrate needs to freely communicate with or join a Biased Political Entity in some kind of emergency. This exemption can only be granted by The Founder.

    2. Prohibits Magistrates, within the one month Cool-down phase, to run for office as an independent candidate, as this is expressing personally held biases.

  3. Allows normal discourse between Magistrates and biased Political Entities, however this discourse becomes illegal once a Judge crosses a line and expresses sympathies toward a Political Group. "Expressing Sympathies" may include;

    1. Expressing a desire to join or rejoin a Biased Political Entity, or,

    2. Having a Magistrate agree to alter his judgment on a Court Trial, for the betterment of a Biased Political Entity.

  4. Emphasises the fact that not all Political Entities are biased, simply because a Group is Political, does not De Facto mean that that group is biased. The following are examples of Groups/Entities that are Political but not biased;

    1. The Representative Chamber,

    2. Discord debate forums,

    3. Government Entities and the like.

  5. Informs that the following are examples of Biased Political Entities;

    1. All Political Parties,

    2. Political movements or groups,

    3. Conspiracy or "raider" groups.

  6. Affirms, that if a Magistrate is suspected of Biased activity, a Representative of The Chamber, may move a motion which calls on an Inquiry, into wether the Magistrate acted inappropriately. The motion must have 75% Chamber backing, to be successful.

    1. The Founder is awarded power, after a successful motion, to appoint individuals to a board of inquiry to investigate the matter.

    2. A minimum of 2 individuals and a maximum of seven individuals are allowed to be appointed to the board of inquiry.

    3. The amount of time the inquiry has to investigate the matter should depend of the severity of the case. A minimum of two days, and a maximum of two weeks should be the time frame for all inquiries to be conducted.

    4. Whilst the Inquiry is being conducted, an Acting Magistrate should be appointed at The Founder's discretion, and should serve until a new Magistrate can be appointed.

    5. If either The Founder or the Supreme Chancellor suspect illegal activity by a Magistrate, they may advise The Chamber Speaker of their wish for a Inquiry motion to be moved.

  7. Decrees that immediately after the Inquiry has ended, and its findings are ready to be presented, a trial of the Magistrate must commence.

    1. If a Magistrate is found to be Biased, they may not be reappointed to their former position as a Magistrate, unless the offending Magistrate is successful on appeal, and receives an executive pardon.

    2. For a Magistrate to be punished, a court must find the Magistrate guilty.

    3. A member of the Inquiry is obliged to give evidence in the trial, on behalf of the Inquiry, presenting the Inquiry's finding's to court.

    4. If a Magistrate has been found to have acted in a biased matter, the offending Magistrate must immediately be expelled from their position as a Magistrate, and must also be barred from practicing law for a minimum of two months.

    5. An offending former Magistrate may appeal the court's decision.

    6. The amount of time the offender is barred from practicing law, is at the discretion of the court, however must depend on the severity of the offending.

    7. The Supreme Chancellor must give final approval to the court's decision. The Founder has the ability to override this approval.



Author: Equilaria


Equilaria

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