Chief Justice

Seal of the High Court

The Lnd. (formal)

The **Chief Justice** (CJ) presides over the High Court of the New West Indies, one of the three branches of the government. They are the highest-ranking member of the New West Indies Judiciary.

Chapter VI of the Constitution affords the Chief Justice their powers. Under §27, they are established as the sole ruler on any case before the High Court, which includes the Criminal, Civil, and State divisions. They are able to adjudicate on penal issues, determine culpability regarding disputes, remedy state missteps, and approve lawyers to the bar.

Each Chief Justice is elected by the General Assembly for a term of 6 months and is eligible for one more consecutive term. Each term begins either on the first day of May or the first day of November (excluding the first term following the High Court's establishment, which began on December 2nd, 2019). While serving, the Chief Justice is not able to hold any other office.

Since the High Court's establishment on November 18, 2019, two nations have served as Chief Justice, beginning with Twelve Titans (December 2nd, 2019 – October 31, 2020), who also served as the Acting Justice on multiple cases until February 1, 2021. The current Chief Justice is Karteria (since November 1st, 2020).

## Origin, Title, and Selection

### **Etymology**

The Chief Justice position was created following the passage of GAR21, the landmark law that established the High Court for the region. The term "Chief Justice" likely refers to the nomenclature for the most senior justices in common-law countries, such as the United States, Canada, the United Kingdom, India, and South Africa (among others).

### **Election to the High Court**

The General Assembly elects each Chief Justice or a term of six months (excluding any specially-elected) beginning either the first of May or the first of November.

The election for the position lasts three days and is required to take place exactly 14 days prior to the end of the current term. The first Chief Justice was elected on December 2, 2019, promptly following the passage of GAR21.

If the sitting justice resigns, ceases to exist, or is impeached via a motion of no confidence, then a special election will be called to fill the remainder of the term.

## Powers and Duties

As the presider over the High Court, the Chief Justice is able to rule on cases that include criminal offenses, civil disputes, and constitutional or administrative questions, among others. They also have tertiary powers and responsibilities for these pursuits.

### **Criminal Court**

Within the Criminal Court, the Chief Justice is able to hear criminal complaints filed by the Region's Attorney at their discretion. Once a complaint is accepted, the justice oversees a fact-finding trial to determine culpability with a subsequent sentencing hearing (for "not guilty" pleas) or only a sentencing hearing (for "guilty" pleas). For the former, the justice is able to determine whether the defendant nation committed the crime in question based on a myriad of factors, including the relevant statutes of the Criminal Code and circumstances of the incident. For this pursuit, they are able to hear evidence from each party, consider various trial motions, and formulate an official ruling based on the arguments from the trial.

If the defendant is found guilty (either through a ruling or a plea), then the Court must determine sentencing. The Chief Justice is able to assign the guilty party a range of sentencing possibilities (depending on the crime), including mutes, election ineligibility, citizenship suspensions, or outright bans from the on-site region and/or off-site platforms. Within the constraints of the particular crime, the Chief Justice may apply one or a combination of these punishments depending on the act's severity and circumstances. Moreover, the justice must decide the length of the sentence. For High Crimes, they are able to sentence criminal upwards of a full permanent ban. In contrast, Misdemeanors carry a maximum burden of 14 days for any punishment. While Misdemeanors do not have a statutory minimum sentence, Felonies and High Crimes generally carry minimum sentences of 14 days and 3 years, respectively.

Since the first Chief Justice was elected on December 2, 2019, they have heard eight criminal cases and have issued five rulings.

### **Civil Court**

Under § III(B) of GAR21, the Chief Justice may hear complaints and arguments related to civil disputes via a trial, similar to the Criminal Court. They are then tasked with determining culpability of the alleged offender and – if the accused is found culpable – remedy any damages at the justice's discretion.

Currently, the Chief Justice is de facto unable to rule on any civil cases due to the General Assembly having failed to pass a Civil Code, which is required for civil complaints to be heard in court.

### **State Court**

As afforded by § III(C) of GAR21, the Chief Justice is able to hear cases in the State Court that pertain to either the Executive, General Assembly, or High Court violating the "Constitution or established Law" or the "codified rights of any resident or citizen." If the current Chief Justice was the official who committed the alleged violation, they must recuse themselves from the case, and the General Assembly must select in a special election a replacement Chief Justice.

If the official or branch of government in question has been found culpable, the offense may be remedied "either through declaratory judgement, modifying or overturning an action of the High Court, reversal of the Government Action, injunction from continuing to commit the Offense, or overturning of illegal provisions of a Law." They are not able to assign direct punishment to the offender, which would occur in the Criminal Court (if applicable).

### **Other Powers**

For all court divisions, the Chief Justice is required to create and manage a standard form for filing charges whilst keeping all involved parties informed of procedure and their respective rights. They are able to reject improper filings in that vein.

The Chief Justice is able to generally decide which evidence to admit and the finer details of Court procedure that is not already statutory under GAR21. Additionally, for the purposes of procedure or administrative affairs, they have unilateral authority to issue Judicial Decrees.

The Chief Justice is also allowed to admit private counsel and oversees their admittance to the bar.

## References

1. ↑ Chief Justice wiki page
2. ↑ "Index of Cases"
3. ↑ GAR21, § III(B)

## See Also

1. High Court region
2. High Court contact page
3. High Court Discord Server