53RZ24 - The Efficient Justice Bill

Clarked in the 5th Clark (September 2019) of the 53rd Ziu
Clark Entry ID: 769
Bill ID: 1299

WHEREAS the current Government considers it advisable to make the Judicial branch of government more efficient and reliable;
AND WHEREAS part of this is restoring a Court of First Instance where quick decisions can be made without having to involve the Cort pü inalt;
AND WHEREAS we consider it inadvisable to recreate the old "Magistrate's Court", but instead to try something new;
AND WHEREAS another part of this is resolving the current situation where members of the Cort pü inalt have no incentive to regularly be involved in Talossa, leading to lengthy delays in justice;
AND WHEREAS justice delayed is justice denied;
AND WHEREAS these are properly two different issues, but the solution chosen for the second issue depends on the first issue, and if the first is rejected we would have to figure out a better solution for the second anyway;
AND WHEREAS El Lexhátx G is currently misnumbered, and we might as well fix that while we're at it;

BE IT ENACTED by the King, Cosâ and Senäts in Ziu assembled that:
A. Justices of the Peace

The following section be added to El Lexhátx G:
13.1. Any citizen of Talossa who has satisfied the Ministry of Justice of their knowledge of Talossan law and jurisprudence, and of their good character, may be recommended to the King to be named as a Justice of the Peace.

13.2. The Clerk of Courts shall appoint, by random selection, a Justice of the Peace to serve as a Court of First Instance for any case arising under the law of Talossa, with the exception of those cases reserved to the Cort pü Inalt by the Organic Law.

13.3. If the selected JP shall have any real or apparent conflict of interest in deciding the case, they shall recuse themselves and another shall be selected by the Clerk of Courts.

13.4. All justices of the Cort pü Inalt shall fulfil at least the same qualifications as to legal knowledge as a Justice of the Peace.

13.5. Justices of the Peace may be removed from office by the Cort pü inalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory.



B. Justice Delayed is Justice Denied:
The following section be added to El Lexhátx G:
14.1.1. The Secretary of State shall accept service of any complaints or claims to the Cort pü inalt or a Justice of the pace, on behalf of all citizens. The Secretary of State shall email notice of said complaints or claims to the concerned citizen, and affirm to the Cort that they did so on that date (the "date of service").

14.1.2 If either party in a case before the Cort fails to respond to such a notice as specified in section 14.1.1 within sixty (60) days of the date of service, the Cort may enter default judgement against that party at the request of the other party. Default judgment can only be entered for a period of three months after default.

14.2. If any Cort fails to respond to the assignment of a Case by the Clerk of Corts within fourteen (14) days, then the Clerk of Corts shall instead assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.

14.3. If any Cort fails to respond to motions or pleadings from either party within fourteen (14) days, then the Clerk of Corts shall re-assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.



C. That all the existing sections of El Lexhátx G be renumbered consecutively.

Ureu q'estadra så,
Dame Miestră Schivă (MC-FreeDems)

Vote summary

Number: 53RZ24
Vote date: September 2019
Result: None (Cosă: 145-16-20, Senäts: 5-2-0)
Required for passage: Simple majority of both Houses

Voting record

MC Party Seats Vote
Jordan Placie AMP 13 Per
Txoteu Davinescu AMP 14 Per
Cresti Nouacastra-Läxhirescu AMP 13 Per
Sir Martì-Páir Furxhéir FreeDems 16 Per
Dame Miestră Schivă FreeDems 20 Per
C. Carlüs Xheraltescu FreeDems 16 Per
Dien Tresplet FreeDems 20 Austanéu
Eiric Börnatfiglheu FreeDems 17 Per
Erschéveþ da Schir MODRADS 20 Per
Eovart Xhorxh RUMP 16 Contră
Béneditsch Ardpresteir RUMP 16 Per
145-16-20
Senator Province Pr. Vote
Ieremiac'h Ventrutx Florenciă FL Contră
Sir Gödafrïeu Válcadác'h Fiovă FV Per
Sir Cresti Siervicül Maricopa MA Contră
Viteu Marcianüs Vuode VD Per
Sir Lüc da Schir Belacostă BE Per
Sevastáin Pinátsch Atatürk AK Per
Sir Ian Plätschisch Maritiimi-Maxhestic MM Per
Thor Deyaert Cézembre CZ
5-2-0
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