39RC18 - The Creation of a Magistracy Act

39RZ18 - The Creation of a Magistracy Act (as amended)

WHEREAS the process of having the facts in every court case determined by all three justices of the Cort pü Inalt has proven unduly cumbersome, and

WHEREAS the interests of justice would be served by having an avenue for appeal of trial court decisions, so that judicial decisions made in the course of trial can be re-examined and reversed if they later appear to be inappropriate, now

THEREFORE the Ziu hereby enacts that:

1. There shall be a Magistrate's Court (Cort dels Edilicieux) for the trial of all cases arising under the laws of the Kingdom of Talossa, both civil and criminal.

2. The Magistrate Court shall consist of not less than two and no more than three Magistrates. No member of the Uppermost Cort and/or person(s) barred by Article XVI, Section 3 of the Organic Law, from being a Judge and/or non-citizens may be a Magistrate. Magistrates shall be chosen and removed as provided in Article XVI, Section 1 & Section 4 of the Organic Law.

3. Except as otherwise provided by law, or rule or order of court, the judicial power of the Magistrate's Court with respect to any action, suit or proceeding may be exercised by a single magistrate, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other magistrates.

4. The business of the Magistrate's Court shall be divided among the magistrates as provided by the rules and orders of the court. The magistrates shall elect one of their number as Chief Magistrate, who shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.

5. Any final judgment of the Magistrate's Court (and such other magistrate's orders as are made appealable by the rules and orders of the Uppermost Court) may be appealed to the Uppermost Court. The time and procedures for bringing such appeals may be specified by the rules and orders of the Uppermost Court, but in the absence of such rules appeals of a Magistrate's Court judgment must be filed with the Uppermost Court within 15 days of the date the judgment is issued by the magistrate.

FURTHER the Cosa hereby elects Owen Edwards and Sir Samuhel Tecladeir as magistrates of the Magistrate's Court.

Scribe's Note: Originally, Section 2 of this Act read thusly: "The Magistrate Court shall consist of the justices of the Uppermost Cort (who shall serve ex-officio as magistrates in addition to their role as justices of the Uppermost Cort, and up to four other magistrates who shall be chosen and removed as provided in Article XVI, Section 1 of the Organic Law, and replaced as provided in Article XVI, Section 4 of the Organic Law."

Uréu q'estadra så,
Owen Edwards (MC-PP)