For information: the Judiciary Act, final version

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Ashcroft Burnham
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For information: the Judiciary Act, final version

Post by Ashcroft Burnham »

Justice asked for a definitive version of the Judiciary Act, as passed by the Representative Assembly, since the Wiki has the wrong version. I post the correct version below.

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[b:35dhekt2]The Judiciary Act
[i:35dhekt2]As passed by the Representative Assemby and ratified by the Scientific Council[/i:35dhekt2][/b:35dhekt2]

[i:35dhekt2]An Act to make provision for a professional judiciary, judicial procedure, to reform citizenship rights and duties with respect thereto, to make provisions for marshals of the peace, and to make repeals and consequential amendments to the Constitution and certain Acts of the Representative Assembly, as well as to make provisions for bringing official documents in line with the recent change of name to "The Confederation of Democratic Simulators"[/i:35dhekt2].

[b:35dhekt2]Chapter I - the Judiciary Commission and the Common Jurisdiction[/b:35dhekt2]

1. The following section shall be inserted at the end of the Constitution, but before the table of amendments: –

***

[b:35dhekt2]Article VII - The Judiciary[/b:35dhekt2]

1. There shall be a Judiciary Commission, the chair of which shall be appointed by simple majority vote in the Scientific Council as soon as is practicable after a vacancy arises, and who shall hold office until resignation or successful impeachment, whichever is sooner.

2. The chair of the Judiciary Commission shall have the power: –

(a) to determine procedures by which Judges of Common Jurisdiction may be elected to the Board of the Judiciary Commission;

(b) to determine the total number of Judges of Common Jurisdiction who shall hold office at any given time (which number shall be deemed to be one if no number is determined, or a number less than one is purportedly determined), who shall each hold office until resignation or successful impeachment, whichever is sooner;

(c) subject to any duly ratified Act of the Representative Assembly, and the exercise of any authority delegated thereby, and subject to any contrary proclamation of the Chancellor, to commission and, once commissioned, maintain and administer as many court-houses as the chair shall deem appropriate, for the purposes of holding trials and other judicial hearings, and any other purposes as the chair shall deem appropriate, provided always that neither the Representative Assembly or the Chancellor individually or between shall prohibit the commissioning, construction, maintenance and continued existence and use of at least one court-house;

(d) to expend any monies held by the Judiciary Commission for any purposes connected with the discharge of any of the functions of the Judiciary Commission;

(e) subject to Section 5 below, to employ, for valuable remuneration or otherwise, such deputies and officers, and to delegate to them such functions, as the chair shall deem appropriate;

(f) to provide, or arrange to have provided, advice to citizens who may submit bills to the Representative Assembly, or any official, or delegate of that official, charged with drafting or approving regulations under powers delegated to her or him by the Constitution or any duly ratified Act of the Representative Assembly, concerning the drafting of such legislation or regulations, provided always that the Judiciary Commission shall not provide advice as to the desirability of any policy objective of such legislation or regulations;

(g) to publicise, both within the Confederation of Democratic Simulators, and elsewhere, the judicial system of the Confederation of Democratic Simulators, or publicise the Confederation of Democratic Simulators (or any geographic subset thereof) by publicising its judicial system;

(h) to provide, and oversee the provision by others of, education concerning the law and legal system of the Confederation of Democratic Simulators, and to issue, or regulate the issue of, qualifications in respect thereof;

(i) to provide advice to other governments and similar institutions in SecondLife and other such virtual worlds concerning the establishment and development of judicial systems therein;

(j) to maintain and publicise a record of all judicial proceedings, precedents and other public official judicial documents, not being documents relating to judicial proceedings in the Scientific Council;

(k) to bring impeachment proceedings against any Judge of Common Jurisdiction, on the grounds only of either or both of (i) gross dereliction of duty, whether culpable or not, but, if not culpable, sustained for at least 28 days; or (ii) bias, corruption, insanity, serious breach of the Code for Judicial Ethics, or any other conduct tending to bring the judiciary of the Confederation of Democratic Simulators into serious disrepute; and

(l) to commence impeachment proceedings against any member of the Public Judiciary Scrutiny Panel before the Court of Scientific Council, on the grounds of gross incompetence, gross dereliction of duty, corruption, or conduct (arising at any time after the member publicly stated an intention to stand for election to the Public Judiciary Scrutiny Panel) tending to undermine the independence or impartiality of the judiciary of the Confederation of Democratic Simulators, or appearing so to undermine, where “judicial independence” is the independence of the judiciary from external pressure as to how contested matters in individual cases are decided, or the procedure by which they are decided.

3. Even when not sitting as a Judge of Common Jurisdiction in an individual case or cases, the Chief Judge of Common Jurisdiction shall have the power: –

(a) to determine which Judges of Common Jurisdiction shall hear which cases, or parts thereof;

(b) to issue general directions concerning procedure in Courts of Common Jurisdiction;

(c) to determine which Courts of Common Jurisdiction shall be superior, and which inferior;

(d) to bring impeachment proceedings against the Chair of the Judiciary Commission or any other Judge of Common Jurisdiction, on the grounds only of either or both of (i) gross dereliction of duty, whether culpable or not, but, if not culpable, sustained for at least 28 days; or (ii) bias, corruption, insanity, serious breach of the Code for Judicial Ethics or any other conduct tending to bring the judiciary of the Confederation of Democratic Simulators into serious disrepute, or additionally, in the case of the Chair of the Judiciary Commission, either or both of (i) gross incompetence; or (ii) gross fiscal imprudence; and

(e) to commence impeachment proceedings against any member of the Public Judiciary Scrutiny Panel before the Court of Scientific Council, on the grounds of gross incompetence, gross dereliction of duty, corruption, or conduct (arising at any time after the member publicly stated an intention to stand for election to the Public Judiciary Scrutiny Panel) tending to undermine the independence or impartiality of the judiciary of the Confederation of Democratic Simulators, where “judicial independence” is the independence of the judiciary from external pressure as to how contested matters in individual cases are decided, or the procedure by which they are decided, or appearing so to undermine.

4. There shall be a Board of the Judiciary Commission, which shall consist of seven or fewer Judges of Common Jurisdiction (to be appointed by election amongst all Judges of Common Jurisdiction in accordance with any procedure determined in accordance with Section 2 (a) above if there are more than seven Judges of Common Jurisdiction), and which shall have the power: –

(a) to draft and publish a Code of Judicial Ethics, by which all Judges of Common Jurisdiction must abide;

(b) to determine the procedures by which the Code of Judicial Ethics may be enforced;

(c) (i) to commence impeachment proceedings against the Chair of the Judiciary Commission or any Judge of Common Jurisdiction before the Court of Scientific Council, on any of the grounds on which the Chief Judge of Common Jurisdiction may do so, and (ii) to appoint a member of the Board of the Judiciary Commission to conduct those proceedings on behalf of the Board of the Judiciary Commission before the Court of Scientific Council;

(d) (i) to commence impeachment proceedings against any member of the Public Judiciary Scrutiny Panel before the Court of Scientific Council, on the grounds on the grounds of gross incompetence, gross dereliction of duty, corruption, or conduct (arising at any time after the member publicly stated an intention to stand for election to the Public Judiciary Scrutiny Panel) tending to undermine the independence or impartiality of the judiciary of the Confederation of Democratic Simulators, where judicial independence is the independence of the judiciary from external pressure as to how contested matters in individual cases are decided, or the procedure by which they are decided, and (ii) to appoint a member of the Board of the Judiciary Commission to conduct those proceedings on behalf of the Board of the Judiciary Commission before the Court of Scientific Council;

(e) to determine and publish a set of requirements of professional judicial ability that any person must meet before he or she may be appointed as a Judge of Common Jurisdiction;

(f) to determine and administer (or delegate the administration of) procedures whereby whether any applicant for judicial office meets the requirements determined in accordance with paragraph (b) above meets those requirements is determined, and publish the results of such determinations;

(g) to determine which Judge of Common Jurisdiction shall be the Chief Judge of Common Jurisdiction (who, once appointed as Chief Judge, shall remain as Chief Judge until resignation, successful impeachment or a formal declaration that he or she no longer wishes to be the Chief Judge); and

(h) to determine and publish internal procedures for discharging any of its powers.

5. Subject to Section 8 below, only Judges of Common Jurisdiction shall preside over proceedings in any trial or other hearing, or deliver any judgment as to the law in any Court of Common Jurisdiction, or otherwise exercise any of the powers of any Court of Common Jurisdiction, save for those powers exercisable by juries, and any power, not exercised during the course of a trial or other hearing, deemed by any Judge of Common Jurisdiction to be administrative in nature, providing always that any party to such proceedings may appeal to a Judge of Common Jurisdiction from any such administrative decision.

6. Subject to Section 8 below, only Judges of Common Jurisdiction or juries empanelled in accordance with law shall deliver any judgment or verdict as to any question of fact in any trial or hearing in any Court of Common Jurisdiction.

7. A person who is a party to any proceedings before any Court of Common Jurisdiction shall not preside over those proceedings as judge or juror, or over any part thereof, or deliver any judgment or verdict in respect of those proceedings.

8. If no Judge of Common Jurisdiction is available to preside over any proceedings in any Court of Common Jurisdiction, either by virtue of Section 7 above, or because there is no Judge of Common Jurisdiction at all who holds office at a time at which a Judge of Common Jurisdiction is required to preside over such proceedings, the Dean of the Scientific Council shall appoint a member of the Scientific Council to act as judge in those proceedings, and that person shall, for the purposes only of the particular proceedings for which he or she is appointed, have all and only the powers in respect of those proceedings as a Judge of Common Jurisdiction.

9. Subject to any powers of the Scientific Council when sitting as a court expressly stated in the text of this Constitution, Courts of Common Jurisdiction, and only Courts of Common Jurisdiction, shall have the power when giving judgment on a disputed matter between two or more parties (who must be residents of SecondLife or bodies corporate, including states, recognised as such by the law of the Confederation of Democratic Simulators, but who need not be citizens of the Confederation of Democratic Simulators): –

(a) to make binding determinations of the rights, duties, powers, privileges, immunities, liabilities and disabilities of any or all such parties according to the law of the Confederation of Democratic Simulators;

(b) to make binding determinations of any facts in dispute between any or all such parties, provided that making such determinations are necessary in order to make such a determination as mentioned in paragraph (a) above, or (c) below;

(c) subject to either (i) a party formally accepting, or (ii) a court finding as a fact at a trial held in accordance with law that a party's conduct is culpable, to impose upon that party in respect of that conduct any penalty, including, but not limited to, banishment from any or all territory of the Confederation of Democratic Simulators, either permanently or for such shorter period as shall be specified by the court, and forfeiture of any SecondLife asset (including debts and other such duties owed thereto), either immediately or suspended on such conditions as the court may prescribe;

(d) to make any non-penal orders such as to give effect to the rights, duties, powers, privileges, immunities, liabilities and disabilities of any party according to the law of the Confederation of Democratic Simulators, including any law relating to judicial procedure, or any other person or body on behalf of whom any party makes any claim, or to give effect to any penalty imposed by any Court of Common Jurisdiction in accordance with paragraph (c) above; and

(e) to order that any person be removed from the court-house at which any trial or any other hearing is being held, or, if he or she refuses so to be removed, banished from the Confederation of Democratic Simulators for the duration of that trial or other hearing (and for up to one hour thereafter) on the ground that that person is disrupting court proceedings, improperly interfering with the administration of justice, or attempting to do so.

10. All trials and other hearings in any Court of Common Jurisdiction shall be held in public, and, subject to section 9(e) above and 11 below, any person (whether or not a citizen of the Confederation of Democratic Simulators) shall be entitled to observe the entirety of such proceedings, a full transcript of which shall be made available to the public at large in perpetuity and without charge.

11. Section 10 above is subject to any rule of law whereby a person who is to be a witness in any judicial proceedings may be excluded from those proceedings, and prohibited from receiving information about the course of those proceedings, until he or she has completed giving her or his evidence, provided always that, at the conclusion of the proceedings, any such person shall have the opportunity to access a full transcript of the whole of the proceedings.

12. When making any binding determination of the rights, duties, powers, privileges, immunities, liabilities and disabilities according to the law of the Confederation of Democratic Simulators of any parties in any proceedings in any Court of Common Jurisdiction, Judges of Common Jurisdiction shall be bound by the following sources of law, each item in the following list
taking precedence over each subsequent item: –

(a) the Constitution (as interpreted by any judgment of the Scientific Council sitting as a court, or of the Scientific Council in any capacity before the passing of the [b:35dhekt2]Judiciary Act[/b:35dhekt2] that sets a precedent);

(b) any duly ratified Act of the Representative Assembly;

(c) any regulations made under any powers delegated, whether directly or indirectly, by any duly ratified Act of the Representative Assembly;

(d) any judgment of the Scientific Council sitting as a court (or of the Scientific Council in any capacity before the passing of the [b:35dhekt2]Judiciary Act[/b:35dhekt2]) that establishes a precedent;

(e) any judgment of any superior Court of Common Jurisdiction that establishes a precedent;

(f) any judgment of any Court of Common Jurisdiction of equal superiority that establishes a precedent; and

(g) any directions or rules issued under Section 3 (c) above,

and where a judgment of the Scientific Council sitting as a court, or any Court of Common Jurisdiction, establishes a precedent as to whether any regulations of the sort mentioned in paragraph (c) above are made in accordance with, or conflict with, any duly ratified Act of the Representative Assembly, that shall take precedence over any contrary regulations.

13. A judgment establishes a precedent where, in order to determine the outcome of the proceedings in respect of which the judgment, or any part thereof, was given the judge or judges who determined such an outcome (and, if, where more than one judge so determines, they disagree, a simple majority of them) reach any conclusion or conclusions regarding the law of the Confederation of Democratic Simulators, that conclusion, and the reasoning used in reaching that conclusion, being the precedent set thereby.

14. A Judge of Common Jurisdiction, when delivering any judgment in any proceedings, or part thereof, in any Court of Common Jurisdiction, shall be bound to conclude that any duly ratified Act of the Representative Assembly is constitutional and has binding effect.

15. Nothing in this Constitution shall preclude any procedure whereby a party to proceedings in any inferior Court of Common Jurisdiction may appeal the outcome of such proceedings to any superior Court of Common Jurisdiction, which may allow or dismiss such an appeal in whole or in part.

16. Any Resident of SecondLife, or any body corporate (including any state) recognised by the law of the Confederation of Democratic Simulators, whether or not a citizen of the Confederation of Democratic Simulators, shall be entitled to commence proceedings to resolve any dispute capable of being resolved in accordance with the law of the Confederation of Democratic Simulators, in a Court of Common Jurisdiction.

17. Subject to any provision in this Constitution, and any duly ratified Act of the Representative Assembly, Courts of Common Jurisdiction shall have inherent jurisdiction to govern their own proceedings.

18. The Court of Common Jurisdiction shall not have the power to hold any impeachment hearing, or to order that any public official who holds office in the Confederation of Democratic Simulators (whether a Judge of Common Jurisdiction, the Chancellor, a member of the Representative Assembly, a member of the Scientific Council, a member of the Artisanal Collective, or other such body, or otherwise) cease to hold or be disqualified from holding such public office, or be suspended therefrom, whether with or without pay.

19. There shall be a Public Judicial Scrutiny Panel consisting of between three and five members, who shall be appointed by popular election at the same time as elections for the Representative Assembly are held, and, additionally, whenever there are fewer than three members, which shall have the power: –

(a) to determine who, of those persons whom the Board of the Judiciary Commission determines as qualified to hold office as Judge of Common Jurisdiction in accordance with Section 4(d) and (e) above, shall be appointed as Judges of Common Jurisdiction;

(b) to investigate any complaint made by any citizen of the Confederation of Democratic Simulators, or any litigant in any court in the Confederation of Democratic Simulators, about the quality of service provided by that court and publish findings and recommendations (if any) in respect of such complaints;

(c) to investigate, other than in response to a complaint, the performance and quality of service of the Courts of Common Jurisdiction and Court of Scientific Council, and to publish the findings of such an investigation, and recommendations (if any) in respect thereof;

(d) in pursuance of its powers under paragraphs (b) and (c) above, to call before it in open session the Chair of the Judiciary Commission or any Judge of Common Jurisdiction to answer questions about the quality of service provided in any Court of Common Jurisdiction, provided that no question shall be asked, and, if asked, no Judge of Common Jurisdiction shall be required to answer any question, concerning a decision of any contested question of law or fact in any case before any Court of Common Jurisdiction;

(e) in pursuance of its powers under paragraph (b) above, to call before it any member of the Scientific Council to answer questions about the quality of service provided in the Court of Scientific Council, provided that no question shall be asked, and, if asked, no member of the Scientific Council shall be required to answer any question, concerning a decision of any contested question of law or fact in any case before the Court of Scientific Council;

(f) (i) to commence impeachment proceedings against the Chair of the Judiciary Commission or any Judge of Common Jurisdiction before the Court of Scientific Council, on any of the grounds on which the Chief Judge of Common Jurisdiction may do so, and (ii) to appoint a member of the Public Judiciary Scrutiny Panel to conduct those proceedings on behalf of the Board of the Judiciary Commission before the Court of Scientific Council;

(g) (i) to commence impeachment proceedings against the any member of the Scientific Council before the Court of Scientific Council, on the grounds of (i) gross dereliction of duty, whether culpable or not, but, if not culpable, sustained for at least 28 days; or (ii) bias, corruption, insanity, or any other conduct tending to bring the Scientific Council into serious disrepute, but only, in respect of each of those grounds, where they relate to proceedings before the Court of Scientific Council, and (ii) to appoint a member of the Public Judiciary Scrutiny Panel to conduct those proceedings on behalf of the Board of the Judiciary Commission before the Court of Scientific Council;

(h) to provide or procure from any suitable provider alternative dispute resolution services for litigants or prospective litigants in any court in the Confederation of Democratic Simulators; and

(i) to regulate its own internal procedures for the purposes of discharging its powers.

20. When there are fewer than three members of the Public Judiciary Scrutiny Panel, and a vacancy for a Judge of Common Jurisdiction arises, the Representative Assembly may exercise, in lieu of the Public Judiciary Scrutiny Panel, the power set out under Section 19, paragraph (a) above.

21. When there are fewer than three members of the Public Judiciary Scrutiny Panel, the Representative Assembly may exercise the power set out under Section 19, paragraph (h) above (but only in respect of procurement and not provision of alternative dispute resolution services) if there are no existing arrangements for alternative dispute resolution in place, or the existing arrangements are inadequate.

22. A person may not simultaneously serve as the Chair of the Judiciary Commission and: –

(a) the Chief Judge of Common Jurisdiction;

(b) a member of the Representative Assembly;

(c) the Chancellor, or any person to whom the Chancellor delegates any of her or his powers;

(d) the Guildmeister; or

(e) a member of the Public Judiciary Scrutiny Panel.

23. A person may not simultaneously serve as a Judge of Common Jurisdiction and: –

(a) a member of the Representative Assembly;

(b) the Chancellor, or any person to whom the Chancellor delegates any of her or his powers;

(c) the Guildmeister; or

(d) a member of the Public Judiciary Scrutiny Panel.

24. A person may not simultaneously serve as a member of the Public Judiciary Scrutiny Panel and: –

(a) a Judge of Common Jurisdiction

(b) the Chair of the Judiciary Commission, or any person to whom the Chair delegates any of her or his powers;

(c) a member of the Representative Assembly;

(d) the Chancellor, or any person to whom the Chancellor delegates any of her or his powers; or

(e) the Guildmeister.

***

2. The following sections of the Constitution shall be repealed: –

(a) Article III, Section 6, apart from the first sentence thereof ([i:35dhekt2]Scientific Council - Hearings, Trials and Ratifications[/i:35dhekt2]);

(b) Article III, Section 7 ([i:35dhekt2]Scientific Council - Alternative Dispute Resolution[/i:35dhekt2]), the whole section;

(c) Article III, Section 8 before the beginning of the sentence that starts, "In regard to ([i:35dhekt2]sic[/i:35dhekt2]) the Representative Branch" ([i:35dhekt2]Powers of the Scientific Council[/i:35dhekt2]),

and the title of Article III, Section 6 shall be changed to "Ratification of bills passed by the Representative Assembly".

3. The following part of the NL4-14 Registration and Incorporation Act shall be repealed: Article 2, Section 3 ([i:35dhekt2]commercial court: constitution[/i:35dhekt2]): the whole section, and any references in any part of that Act to the "Commercial Court" shall be taken as references to the Court of Common Jurisdiction, and any reference therein to any procedure before the Commercial Court shall be subject to any general directions issued by the Chief Judge of Common Jurisdiction under Article VII, Section 3 (c) of the Constitution.

4. The following shall be added to the Constitution immediately at the end of Article II, Section 4 ([i:35dhekt2]Powers of the Artisanal Collective[/i:35dhekt2]): –

***

With respect to the judiciary:

1. The Artisanal Collective may bring impeachment proceedings against the Chair of the Judiciary Commission on the ground of gross fiscal imprudence.

***

5. The following shall be added to the Constitution immediately at the end of Article I, Section 7 ([i:35dhekt2]Powers of the Representative Assembly[/i:35dhekt2]): –

***

1. The Representative Assembly may vote by simple majority: –

(a) to commence impeachment proceedings against the Chair of the Judiciary Commission or any Judge of Common Jurisdiction (including the Chief Judge of Common Jurisdiction) before the Court of Scientific Council, on any of the grounds on which the Chief Judge of Common Jurisdiction may do so; and

(b) to appoint a member of the Representative Assembly to conduct those proceedings on behalf of the Representative Assembly before the Court of Scientific Council.

***

6. The Judiciary Commission shall have the power to serve upon any citizen of the Confederation of Democratic Simulators notice that that person is required to serve on a jury in a Court of Common Jurisdiction; any such person upon whom such notice has been served shall attend at the date and time set out in the notice, unless excused from so doing by a Judge of Common Jurisdiction after notice was served but before the date and time specified therein, and shall, unless excused from so doing by a Judge of Common Jurisdiction, duly serve as a juror, and act in accordance with all lawful directions of the Court.


[b:35dhekt2]Chapter II - the Scientific Council[/b:35dhekt2]

7. The following shall be inserted in the Constitution between Article III, Section 6 and Article III, Section 8:

***

[b:35dhekt2]Section 7 - The Court of Scientific Council[/b:35dhekt2]

1. The Scientific Council shall sit as a court when it exercises, or is considering whether to exercise, its power: –

(a) to impeach any person; or

(b) to allow any appeal from any Court of Common Jurisdiction.

2. When the Scientific Council sits as a court, it shall be known as "The Court of Scientific Council".

3. Subject to Section 6 below, when sitting as a court, the Scientific Council shall be presided over by an odd number of judges greater in number than one, each of whom shall be members of the Scientific Council, not also being Judges of Common Jurisdiction or the Chair of the Judiciary Commission.

4. The Dean of the Scientific Council shall determine which members of the Scientific Council sit as judges in any trial or other hearing before the Court of Scientific Council.

5. Where not all Judges of the Court of Scientific Council agree on a judgment in any proceedings before it, the judgment of the Court shall be that agreed upon by a simple majority of those judges presiding over those proceedings.

6. When any person bringing impeachment proceedings against any member of the Scientific Council so requires, the impeachment proceedings shall be presided over by one or more (and if more, and odd number of) Judges of Common Jurisdiction, not being members of the Scientific Council, who shall, for the purposes only of those proceedings, exercise all and only the powers exercisable by judges of the Court of Scientific Council.

7. The Scientific Council, when sitting as a court, shall be bound to conclude that any duly ratified Act of the Representative Assembly is constitutional and has binding effect.

8. All trials and other hearings before the Scientific Council when sitting as a court shall be held in public, and, subject to sections 9 and 10 below, any person (whether or not a citizen of the Confederation of Democratic Simulators) shall be entitled to observe the entirety of such proceedings.

9. The Court of Scientific Council shall have the same powers as Courts of Common Jurisdiction as is conferred by Article VII, section 9(e) of this Constitution ([i:35dhekt2]persons misbehaving in court[/i:35dhekt2]).

10. Section 8 above is subject to any rule of law whereby a person who is to be a witness in any judicial proceedings may be excluded from those proceedings, and prohibited from receiving information about the course of those proceedings, until he or she has completed giving her or his evidence, provided always that, at the conclusion of the proceedings, any such person shall have the opportunity to access a full transcript of the whole of the proceedings.

11. The Court of Scientific Council shall sit without a jury.

12. The Court of Scientific Council shall have the power to make such orders as is necessary for the exercise of the powers conferred upon it by this Constitution or any duly ratified Act of the Representative Assembly.

13. Subject to any provision in this Constitution, and any duly ratified Act of the Representative Assembly, the Court of Scientific Council shall have inherent jurisdiction to govern its own proceedings.

14. The Dean of the Scientific Council shall have the power to issue general directions concerning procedure in Scientific Council, when sitting as a court and otherwise, which shall, subject to any contrary provision in the Constitution or any duly ratified Act of the Representative Assembly, have the force of law.

***

8. The following shall be added to the Constitution immediately at the end of Article III, Section 8 ([i:35dhekt2]Powers of the Scientific Council[/i:35dhekt2]): –

***

[i:35dhekt2]With respect to the judiciary[/i:35dhekt2]:

1. The Scientific Council, when sitting as a court, may hear and determine an appeal from any superior Court of Common Jurisdiction (or any inferior Court of Common Jurisdiction if no superior Court of Common Jurisdiction will entertain an appeal on the matter), and either uphold or overturn the decision (or any part thereof) from which the appeal is made, but only on the grounds both that the Court of Common Jurisdiction from which the appeal is sought: –

(a) acted in the proceedings out of which the appeal arises outside its jurisdiction as conferred by the text of this Constitution; and

(b) that, by so doing, whether wholly or in part, incorrectly determined any issue in dispute between any parties to those proceedings (including any question of law necessary to resolve such a dispute).

2. Without prejudice to the specificity of the foregoing, the Scientific Council when sitting as a court shall not in any circumstances have the power to determine any appeal from any Court of Common Jurisdiction only on any or all of the following grounds: –

(a) that the Court of Common Jurisdiction reached the wrong conclusion on any question of fact;

(b) that the Court of Common Jurisdiction wrongly interpreted or applied the common law of the Confederation of Democratic Simulators (except the common law with respect to the jurisdiction of the Courts of Common Jurisdiction);

(c) that the Court of Common Jurisdiction wrongly interpreted or applied any duly ratified Act of the Representative Assembly (except where the Court of Common Jurisdiction expressly purports to disapply any Act of the Representative Assembly); or

(d) that the Court of Common Jurisdiction wrongly interpreted, applied, or disapplied any regulation (or similar) made by any person or body deriving its power to do so from the Representative Assembly, or any person or body who, in turn, derives her, his or its power to do so from the Representative Assembly,

nor shall any of those grounds have any bearing on the outcome of any appeal from any Court of Common Jurisdiction to the Court of Scientific Council.

3. The Scientific Council may vote by simple majority: –

(a) to commence impeachment proceedings against the Chair of the Judiciary Commission or any Judge of Common Jurisdiction (including the Chief Judge of Common Jurisdiction) before the Court of Scientific Council, on any of the grounds on which the Chief Judge of Common Jurisdiction may do so; and

(b) to appoint a member of the Scientific Council to conduct those proceedings on behalf of the Scientific Council before the Court of Scientific Council.

4. At any time when no Judges of Common Jurisdiction hold office in the Confederation of Democratic Simulators, the Scientific Council may determine and publish who shall be qualified to be a Judge of Common Jurisdiction, and that determination shall be deemed to be a determination in accordance with Article VII, Section 4, paragraphs (d) and (e).

[i:35dhekt2]Impeachment proceedings[/i:35dhekt2]

1. Impeachment is an order that a holder of public office cease to hold such public office, or is suspended from such office for any time with or without pay, and/or is disqualified either permanently or for a term certain from holding any or all public office or offices.

2. A person may only be impeached by the Scientific Council, sitting as a court, following a trial in accordance with law.

3. Only persons (or persons acting on behalf of bodies) specified in the text of the Constitution shall have the power to commence impeachment proceedings.

4. Subject to Article IV, Sections 2 and 7 of this Constitution, nothing in this Constitution shall prevent a Court of Common Jurisdiction from banishing any person, even where that person is a holder of public office in the Confederation of Democratic Simulators, and banishment would preclude that person from continuing to hold such public office.

5. When a member of the Scientific Council brings impeachment proceedings, that person shall not sit as a judge of the Court of Scientific Council hearing those proceedings at any stage thereof.

***

9. The following sections of the constitution shall be repealed: –

(a) Article I, Section 7 ([i:35dhekt2]Powers of the Representative Assembly[/i:35dhekt2]), the following text: (i) "The leader of the RA sits as the leader of the Artisanal branch if the Artisanal branch seeks to impeach a member of the Philosophic branch," and (ii) "The leader of the RA sits as the leader of the Philosophic branch if the Philosophic branch seeks to impeach a member of the
Artisanal branch"; and

(b) Article II, Section 4 ([i:35dhekt2]Powers of the Artisanal Collective[/i:35dhekt2]), the following text: (i) "The leader of the AC sits as the leader of the Representative branch if the Representative branch seeks to impeach a member of the Philosophic branch," and (ii) "The leader of the AC sits as the leader of the Philosophic branch if the Philosophic branch seeks to impeach a member of the Representative branch".


[b:35dhekt2]Chapter III - Name and citizenship[/b:35dhekt2]

10. The title of the Neufreistadt Constitution shall hereafter be, "The Constitution of the Confederation of Democratic Simulators".

11. Any reference in any Act of the Representative Assembly passed before the date on which this Act comes into force to "Neufreistadt" or to “Neualtenburg” shall be taken to be a reference to the Confederation of Democratic Simulators, unless the context, or any duly ratified Act of the Representative Assembly passed after the date on which the [b:35dhekt2]Judiciary Act[/b:35dhekt2] was passed, otherwise so requires.

12. Article VI of the Constitution shall be replaced with the following text:

***

[b:35dhekt2]Article VI - Citizenship[/b:35dhekt2]

1. A citizen of the Confederation of Democratic Simulators is a resident of SecondLife who has been granted title to any land by the Confederation of Democratic Simulators, and who holds title under the Confederation of Democratic Simulators, for as long as he or she holds such title.

2. Without prejudice to any rule of law entitling any institution of government to substitute, or empower another person or body to substitute any land held by any citizen for any other land the holding of which would continue to entitle the person whose land has been substituted to be a citizen of the Confederation of Democratic Simulators, no citizen shall be deprived of citizenship in the Confederation of Democratic Simulators, nor shall any person, whether a citizen or not, be banished from any public land in the Confederation of Democratic Simulators, without trial in accordance with law, or consent not to be so tried.

3. Section 2 above is subject to any rule of law whereby a person is deemed to have consented not to be tried by having failed within reasonable time to respond or respond fully to any notice sent to that person in respect of any such prospective trial, nor any rule that specifies what shall constitute a reasonable time.

4. Section 2 above shall be without prejudice to any rule of law whereby a person may summarily be banished by any citizen of the Confederation of Democratic Simulators appointed for such a purpose by any duly ratified Act of the Representative Assembly (or by any person or body deriving her his or its power to do so from any such Act), for up to fourteen consecutive days (but without revocation of citizenship or forfeiture of any asset).

5. Section 2 above shall be without prejudice to any rule of law whereby a person may be banished temporarily by Order of a Court of Common Jurisdiction pending such a trial as is mentioned therein (but without revocation of citizenship or forfeiture of any asset).

6. Any citizen may cease to become a citizen by submitting a notice in a form that may be prescribed by any duly ratified Act of the Representative Assembly (or, if no such form is specified, by notifying the Chancellor in writing) seven days in advance of the date on which that person is to cease to be a citizen.

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13. The Terms of Service shall be amended as follows: –

(a) the title shall be amended to "The Confederation of Democratic Simulators Terms of Service", and all references to "Neufreistadt" or "Neualtenburg" shall be replaced with "The Confederation of Democratic Simulators";

(b) the following text in Section 1.1: –

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“...your compliance with the posted City Standards on the Neualtenburg website, and adherence to all in-world laws, covenants, and guidelines.”

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shall be amended to the following:

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“...your compliance with the posted City Standards on the Confederation of Democratic Simulators website, and adherence to all in-world laws, covenants, and guidelines, [i:35dhekt2]as they change and develop over time[/i:35dhekt2].”

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(c) the following shall be added to the end of Section 1.1: –

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"The Confederation of Democratic Simulators operates its own, comprehensive, in-world judicial system. Any disputes arising out of the subject-matter of this agreement, or anything related thereto, shall be resolved exclusively by that judicial system, in accordance with the in-world laws of the Confederation of Democratic Simulators"; and

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(d) the following shall be added to the end of Clause 8: –

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[b:35dhekt2]"8.2 - Judicial Proceedings[/b:35dhekt2]

By entering into this agreement, you hereby give your unqualified and irrevocable consent for any records of any in-world judicial proceedings (including records of anything said by or to you during those proceedings, and any evidence about anything whatsoever given in those proceedings) to be made available to the public in perpetuity".

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14. All citizens of the Confederation of Democratic Simulators shall consent to the variation in the Terms of Service provided for in Section 12 above on or before the 1st of November 2006.


[b:35dhekt2]Chapter IV - Marshals of the Peace[/b:35dhekt2]

15. The [b:35dhekt2]NL4-24 Defence of the Republic Act[/b:35dhekt2] is hereby repealed.

16. The Representative Assembly shall from time to time appoint, or delegate its power to appoint, persons to act as Marshals of the Peace, who shall have responsibility for keeping the peace and maintaining law and order in any territory governed by or under the Confederation of Democratic Simulators.

17. Unless and until the Representative Assembly otherwise so orders by vote of simple majority, it shall be deemed to have delegated its powers to appoint Marshals of the Peace to the Chancellor, Guildmeister and to the Dean of the Scientific Council.

18. For the purposes of Article IV, Section 4 of the Constitution, any person who holds office as a Marshal of the Peace is empowered to issue summary banishments of up to fourteen days where, otherwise than in the course of judicial proceedings, there are substantial grounds for believing that the person in question, if not summarily banished: –

(a) would interfere with the course of justice;

(b) would damage, delete or dissipate any public asset (including, but not limited to, terrain, buildings and foliage), of the Confederation of Democratic Simulators, or any private asset of any citizen thereof; or

(c) would cause substantial distress, harassment or annoyance to any citizen or citizens of the Confederation of Democratic Simulators, or substantially interfere with any event held in any territory of the Confederation of Democratic Simulators.

19. Any Marshal of the Peace who exercises her or his power to issue a summary banishment shall serve upon the person summarily banished within 48 hours of being so banished a written notice stating: –

(a) that he or she has been banished summarily;

(b) the reason or reasons that he or she has been so banished;

(c) that the summary banishment shall expire fourteen days after it was imposed, or, alternatively, the date on which it will expire (that date being no more than 14 days after the person was summarily banished); and

(d) that the person banished has the right, upon submitting notice in writing to a Court of Common Jurisdiction, in any form that shall be prescribed by the Chief Judge of Common Jurisdiction (and, if such a form is prescribed, the details thereof, or information as to where such details can be obtained), to make representations to a Court of Common Jurisdiction as to why he or she should not be made the subject of an interim banishment until the trial or other hearing, if any, which finally disposes of the matter.

20. Any person who holds office as a Marshal of the Peace is empowered to issue summary banishments of up to fourteen days during the course of judicial proceedings when so ordered by any judge (whether of any Court of Common Jurisdiction or the Court of Scientific Council) presiding over those proceedings, provided always that such a banishment is revoked within one hour of the conclusion of such proceedings (or the end of fourteen days, whichever is sooner), unless one or more of the conditions in Section 17 above is met, in which case notice in the form prescribed in Section 18 above must be served on the person banished within 48 hours of it becoming known that one or more of the conditions in Section 17 above were met.

21. A Marshal or Marshals of the Peace shall execute any order of any Court to banish any person, whether permanently, for a term certain, or pending trial, and shall revoke that banishment: –

(a) upon further Order of the Court to do so;

(b) upon the expiry of the term of the banishment, if fixed; or

(c) immediately preceding a trial if the banishment is pending a trial,

whichever is sooner, and, if a person who has been the subject to an interim banishment pending trial has had her or his banishment revoked for the purposes of attending a trial under paragraph (c) above, to guard that person with a view to exercising, if necessary, her or his powers of summary banishment, or executing forthwith any order of banishment issued by the Court.

22. Without prejudice to Section 22 below, the following persons shall be deemed to have been appointed as Marshals of the Peace: –

(a) every member of the Scientific Council;

(b) the Leader of the Representative Assembly; and

(c) the Guildmeister.

23. The Representative Assembly, or any person or body to whom the Representative Assembly delegates this power, may remove any person from holding office as Marshal of the Peace, provided that there is always at least one Marshal of the Peace who holds office at any time.
Ashcroft Burnham

Where reason fails, all hope is lost.

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