The Amended High Court Act

**The Amended High Court Act** (Law 84) is a law that establishes the High Court and its procedures. It puts a fixed four-week term on judges, in contrast to The High Court Act which it repeals, which puts judges as serving until the start of the second election during their tenure.

This legislation was authored by Justice Minister Duje (SDP), and cosponsored by Matthew V (SDP), the Prime Minister of Adoria.

## History

### January 2021

The Amended High Court Act passed on 20 January 2021.

### May 2021

While clearing the backlog of undebated bills in the Adorian National Assembly, Vice President Frederick Gyldenløve I (ChefStockLlama) (BA) introduced the Amendment to the Amended High Court Act, a bill by Galtright (SoL) dated May 3, 2021 that forbids the Head Judge of the High Court from holding a National Assembly seat.

"Ok, this bill should be self-explanatory. Since the Head Judge is able to issue warrants against the government and private sector and individuals, it seems best to prohibit hkm or her from serving as an MNA during tenure on the courts," Galtright said 6 May. "I would have called to limit the rest of the high court bench from holding a MNA seat but that might cause cabinet issues which we already increasingly face. Since you must be an MNA to become minister, this would take care of that
However, only the HJ may do these specific things. So it seems a moderate enough reform."

With no opposition that day, the bill went through the Assembly voting chamber while the floor moved on to the Powers of Duty Amendment, also authored by Galtright and also dated 3 May 2021.

"Ill be withdrawing my high court bill," Galtright announced half a day later. "Enter the new bill," showing legislation that is now dated 7 May, and now only forbids the High Court's Head Judge from serving as Minister, as High Command Councilmember, or judge of another court, rather than from serving as National Assemblymember.

"That is sorta counter active, becuase the CJ becomes the HJ in the absence of one," Supreme Court Chief Justice David Cameron (Ind) warned. "Would make the legality if that dubious."

With signatures from Big Ben (SoL), Based\_Autocrat (Con), Attica Barres (BA) and Shennogo (SoL), this amendment was officially debated twelve hours later.

Galtright's introductory speech that Friday night:

> Ok so this is a fix (and improvement) to my previous (withdrawn) bill. There was no point in forbidding head judges from being an MNA too. Justices may, after all and MNAs aren't even unique (no offense). If all judges were forbidden from serving in any ministry, there would be potential shortage (keep in mind, justices and judges may still advise the MoJ informally). If no judge could at least be MoJ in specific, I think that'd be reasonable. Still, this would keep the HJ alone from those roles while allowing them to vote at least. I also added in they may serve in no other court (this does not apply to cases where the HJ is absent) nor in the High Command. The HJ might not handle many matters pertaining the military BUT they still handle warrants and the like
>
> Galtright, 7 May 2021

The debate ended with no opposition. The National Assembly that day moved on to Daniel (SoL)'s Data Protection Act.

The Amendment to the Amended High Court Act passed two days later.

## Full text

### Text as amended, 9 May 2021

* Title: **The Amended High Court Act**
* *Tuesday 19th January 2021*
* Type: Law
* Topic: Establishment of the High Court
* Body: The High Court Act has repeatedly shown that its procedure for electing a Head Judge and the number of incompetent judges does not work. As such, the High Court Act shall be repealed and replaced by this.

#### SECTION A: Establishment and Composition

1. The High Court will be the second highest Court in the country, first being the Supreme Court.
2. The High Court shall have five judges on its bench, four judges, and one Head Judge.
3. The Head Judge of the High Court shall be presiding officer and administrative head of the High Court.
4. The Head Judge of the High Court may not hold any ministerial position, sit on the High Command Council nor be appointed to any other court

#### SECTION B: Appointment and Removal of Judges

1. The length of a bench of the court is four weeks. The Minister of Justice (& Immigration\*) puts forward a new bench of the court, it must pass the National Assembly with a simple majority.
2. A Justice of the Supreme Court is not allowed to serve on the High Court and vice-versa.
3. A judge can be relieved of judicial office at his/her own request, if impeached, or if removed by a simple majority in the National Assembly.
4. The Chief Justice of the Supreme Court shall act as a Head Judge of the High Court until a new Head Judge is appointed.

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

1. The High Court of Adoria shall have full jurisdiction over all civil and criminal cases nationwide, 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.
2. 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

#### SECTION D: Voting

1. The voting period for a case shall start upon the conclusion of the trial and last for twenty-four hours or until a majority votes for a verdict or punishment. If a judge is directly involved in the case, they shall not have permission to vote on the verdict or punishment.
2. If a judge is directly involved in the case, they shall not have permission to vote on the verdict or punishment.

Repeal of the Act: Law 5 will be repealed.

Author: **Duje**, Minister of Justice & Immigration, SDP MNA

Signatures: **Matthew V**, Prime Minister

### Text as first passed

* Title: **The Amended High Court Act**
* *Tuesday 19th January 2021*
* Type: Law
* Topic: Establishment of the High Court
* Body: The High Court Act has repeatedly shown that its procedure for electing a Head Judge and the number of incompetent judges does not work. As such, the High Court Act shall be repealed and replaced by this.

#### SECTION A: Establishment and Composition

1. The High Court will be the second highest Court in the country, first being the Supreme Court.
2. The High Court shall have five judges on its bench, four judges, and one Head Judge.
3. The Head Judge of the High Court shall be presiding officer and administrative head of the High Court.

#### SECTION B: Appointment and Removal of Judges

1. The length of a bench of the court is four weeks. The Minister of Justice (& Immigration\*) puts forward a new bench of the court, it must pass the National Assembly with a simple majority.
2. A Justice of the Supreme Court is not allowed to serve on the High Court and vice-versa.
3. A judge can be relieved of judicial office at his/her own request, if impeached, or if removed by a simple majority in the National Assembly.
4. The Chief Justice of the Supreme Court shall act as a Head Judge of the High Court until a new Head Judge is appointed.

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

1. The High Court of Adoria shall have full jurisdiction over all civil and criminal cases nationwide, 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.
2. 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

#### SECTION D: Voting

1. The voting period for a case shall start upon the conclusion of the trial and last for twenty-four hours or until a majority votes for a verdict or punishment. If a judge is directly involved in the case, they shall not have permission to vote on the verdict or punishment.
2. If a judge is directly involved in the case, they shall not have permission to vote on the verdict or punishment.

Repeal of the Act: Law 5 will be repealed.

Author: **Duje**, Minister of Justice & Immigration, SDP MNA

Signatures: **Matthew V**, Prime Minister

## References

1. ↑ Niederman, Kurt (20 January 2021). “**Law 84** https://docs.google.com/document/d/1ErTonWW0b35-C4r8qpGAKMEN2kXvYbU6ARFe8lnks5g/edit?usp=sharing” – via Discord.
2. ↑ Gyldenløve I (ChefStockLlama), Frederick (6 May 2021). “Title: Amendment to the Amended High Court Act 5.3.2021” – via Discord.
3. ↑ Galtright (6 May 2021). “Ok, this bill should be self-explanatory. Since the Head Judge is able to issue warrants against the government and private sector and individuals, it seems best to prohibit hkm or her from serving as an MNA during tenure on the courts. I would have called to limit the rest of the high court bench from holding a MNA seat but that might cause cabinet issues which we already increasingly face. Since you must be an MNA to become minister, this would take care of that” – via Discord.
4. ↑ Galtright (7 May 2021). “Ill be withdrawing my high court bill” – via Discord.
5. ↑ Cameron, David (7 May 2021). “That is sorta counter active” – via Discord.
6. ↑ Gyldenløve I (ChefStockLlama), Frederick (7 May 2021). “Title: Amendment to the Amended High Court Act 5.7.2021” – via Discord.
7. ↑ Galtright (7 May 2021). “Ok so this is a fix (and improvement) to my previous (withdrawn) bill. There was no point in forbidding head judges from being an MNA too. Justices may, after all and MNAs aren't even unique (no offense). If all judges were forbidden from serving in any ministry, there would be potential shortage (keep in mind, justices and judges may still advise the MoJ informally). If no judge could at least be MoJ in specific, I think that'd be reasonable. Still, this would keep the HJ alone from those roles while allowing them to vote at least. I also added in they may serve in no other court (this does not apply to cases where the HJ is absent) nor in the High Command. The HJ might not handle many matters pertaining the military BUT they still handle warrants and the like” – via Discord.
8. ↑ Gyldenløve I (ChefStockLlama), Frederick (9 May 2021). “**Law 301**” – via Discord.

## External links

* The Amended High Court Act on Google Docs