The High Court Act

**The High Court Act** (Law 5; R.JUD.5.0) was a law in the Fifth Adorian Republic to establish the High Court. Authored by Vee (SDP), it took in effect December 2020, and was repealed and replaced by Duje (SDP)'s The Amended High Court Act.

## Full text

**Type:** Law

**Topic:** Establishing the High Court of Adoria

**Category:** Law & Order

**The High Court Act**

### Preamble:

In order to try crimes, and arbitrate civil disputes without unnecessarily involving higher courts. This act does hereby establish a High Court to handle all cases below the jurisdiction of the Supreme Court.
**Be it hereby enacted by the National Assembly;**

### Section A: Establishment and Composition

A. The High Court of Adoria will be established
B. The High Court will have 6 judges on it, who must select from among themselves a head judge who shall serve for the entirety of their tenure, or work out an agreement to select such for the rest of their tenure.
### Section B: Appointment and Removal of Judges

1. Judges of the High Court shall be appointed by an Act of the National Assembly proposed by the Minister of Justice. They shall serve from the passage of their appointing Act until the start of the second election during their tenure.
2. Judges may be removed if they resign, are imprisoned for criminal acts, unanimously deposed by their fellow judges of the High Court, or if they otherwise fail to fairly and speedily execute their duties.

### Section C: Powers and Jurisdiction of the Court

#### A. Jurisdiction

1. The High Court of Adoria shall have full jurisdiction over all civil and criminal cases nationwide
2. The High Court shall also have jurisdiction to resolve conflicts between passed or pending legislation, in which case the author(s) of the bill shall respond, but may not be given any sentence unless by writing such bills they have committed a criminal act
3. The High Court shall operate under the principle of *res judicata*, and no case brought before it once before may not be brought before it again unless there has been a change in the fundamental circumstances, of the case, or the discovery of unpresented evidence, as shall be determined by the Head Judge

#### Powers of the Head Judge

1. The Head Judge shall receive all complaints, and shall be responsible for assigning them to individual judges or otherwise giving them to the full court en banc.
2. The Head Judge shall be granted the power to determine whether cases tried once before may be tried again due to a change in fundamental circumstances

#### Powers of Individual Judges

1. Individual judges shall have the power to solely preside over and issue verdicts and sentences for cases assigned to them by the Head Judge.
2. Should more than a single individual judge be assigned to a case, a majority of judges present shall be required to issue a verdict and sentence.
3. Judges shall be given the authority to issue the following:
	1. Court Summons to compel litigants to appear before the court for a trial
	2. Subpoenas to compel witnesses or experts to appear before the court to offer testimony under oath
	3. Restraining Orders
	4. Orders to Cease and Desist
	5. Warrants to Search, Arrest, or to Possess and Deliver
4. In the issuance of the above, they shall be required to announce them in a public channel and all pertinent details. The declared dissent of four judges shall be required to overturn any such issuance.

### Section D: Incompatible Offices and Conflicts of Interest

1. Judges of the High Court may not be Prime Minister, nor may they be a Justice of the Supreme Court while they are Judge of the HC.
2. Should conflicts of interest for a judge be determined to be extant, they shall be disbarred from the relevant case except as a respondent or plaintiff.

Author:

Vee#3537, Member of the National Assembly (SDP)

Signatures:

Matthew V#1280, Member of the National Assembly (SDP)

userzeroex#4473, Member of the National Assembly (SDP)

## External links

* The High Court Act on Google Docs
* R.JUD.5.0 High Court Act on the Legislation Portal