Proto: The Supreme Court (AI=2)
[Cases can be appealed to the Supreme Court, a fixed (elected) set of
three justices. Appeal can be made by announcement but court doesn't
have to accept the appeal. If they do, they need to address the issue
in detail. Compared to normal appeals, the court has more flexibility
with the case, helpful for dealing with possible corruption in the
judicial system.]
Enact a Power-2 rule titled "The Supreme Court" with the following text:
There are three offices known as the Court Offices:
- First Associate Justice,
- Second Associate Justice, and
- Chief Justice.
A justice is a person who holds a Court Office. The judicial
panel consisting of each justice is the Supreme Court.
Rules to the contrary notwithstanding, each Court Office is
always Postulated. An election for a Court Office CAN be
initiated by any person with 3 support; if the office is filled,
rules to the contrary notwithstanding, an election for it CANNOT
be initiated by any other means. When the holder of a Court
Office comes to hold another Court Office, the former office
becomes vacant.
Enact a Power-1.7 rule titled "Special Appeal Cases" with the following text:
Special appeal cases are a subclass of judicial cases. A
special appeal should be called when a person believes that a
judicial case has been unfairly resolved, and the normal appeals
process is incapable of yielding a fair resolution.
A person other than a justice CAN create a special appeal case
by announcement, specifying a case to be reviewed (the original
case), which must not be a special appeal case or appeal case.
The only eligible judge for a special appeal case is the Supreme
Court. A special appeal case CANNOT be assigned a judge
normally. Instead, any justice CAN issue a writ of certiorari
pertaining to the case, which causes it to be assigned to the
Supreme Court. A justice should issue writs of certiorari
pertaining to cases which e thinks are especially interesting
and important to the game, and should be dealt with in the
Supreme Court.
When a special appeal case is assigned a judge, the pre-trial
phase begins. Rules to the contrary notwithstanding, all
questions in the original case are suspended, and cannot cease
to be suspended except as described by this rule.
The pre-trial phase lasts 72 hours. During the pre-trial phase,
all interested parties are invited to submit arguments for the
case, which should explain all issues in the case that the
submitter wants addressed.
A special appeal case has a question on disposition for each
judicial question in the original case, which is applicable at
all times following the pre-trial phase. The valid judgements
for this question are the following:
* AFFIRM: the last judgement to be assigned to the question is
assigned again, and cannot be suspended except by another
special appeal case.
* OVERRULE with a valid replacement judgement: the replacement
judgement is assigned to the question, and cannot be suspended
except by another special appeal case.
* DEFER: the question becomes open.
* DEFER TO EXISTING APPEAL, valid when there is already an
appeal case concerning the question with an open question on
disposition: the original question is suspended.
* APPEAL: the question is suspended, and, rules to the contrary
notwithstanding, a new appeal is initiated concerning it.
(Should be combined with an action of REMAND.)
A special appeal case also has a question on action, which is
applicable at all times following the pre-trial phase. The
valid judgements for this question are as follows:
* REMAND: no effect.
* REASSIGN: the current judge of the original case (if any) is
recused.
* ASSIGN TO, specifying an entity who was previously the judge
of the original case. The current judge (if any) is recused
and e is assigned.
* NEW CLERK: The Clerk of the original case is flipped (to
'Justiciar' if it was 'CotC', and vice versa). The current
judge of the original case (if any) is recused.
The appropriateness of each judgement is left to the justices'
discretion. Each justice should carefully consider the
arguments and evidence submitted in a special appeal case before
intending or supporting an intent to assign judgement, and
provide reasonably detailed rationale for eir intent or support,
addressing most of the issues raised in the special appeal.
Rules to the contrary notwithstanding, an appeal case CANNOT be
called concerning an assignment of judgement caused by a special
appeal case.
[[Note: There are multiple mechanisms that usually allow appeal cases
to be called.]]
Amend Rule 991 (Judicial Cases Generally) by replacing "other than
appeal cases" with "other than appeal cases and special appeal cases".
Amend Rule 2158 (Judicial Questions) by replacing "non-appeal case"
with "case other than an appeal case or special appeal case".
Amend Rule 2246 (Submitting a CFJ to the Justiciar) by replacing the
first paragraph with:
Clerk is a judicial case switch, tracked by the Clerk of the
Courts, with values 'CotC' (default) and 'Justiciar'.
A judicial case may be submitted to the Justiciar. For such a
case, the Justiciar CAN, in a timely manner and by announcement,
either accept or reject the case. Until the time limit expires
or the Justiciar rejects the case, the CotC CANNOT perform any
duites with regards to the case and does not incur any
obligations with regards to it. If the Justiciar accepts the
case, its Clerk is flipped to 'Justiciar'.
and by replacing "If the Justiciar accepts the case, e" with "If a
judicial case's Clerk is 'Justiciar', the Justiciar".
