Section X: Judicial Rules and Regulations

Part I: ​JUDICIAL LAW SHALL LAY AS THE FOUNDATION OF OUR JUDICIAL SYSTEM, AS WELL AS THE LAST LINE OF DEFENSE FOR THE PROTECTION OF RIGHTS AND THE UPHOLDING OF OUR LAWS WITHIN THE FOUNDATION.

This law shall be made up of four parts, with each part describing a different aspect of the Judicial System. Put together, all of the parts form up the basis of our judiciary, and thus the foundation of justice within the SCP Foundation.

Table of Contents

PART 1: Foundations and Declarations, The Courts, Judges and Lawyers

PART 2: Wording, Judicial Precedent, Judicial Blacklists, Unwarranted Punishments

PART 3: Mistrials and Appeals, Trial in Absence, Repeat Offenders

PART 4: Conflict of Interest, Collusion, Contempt of Court

Part 1: Table of Contents

1. Foundations and Declarations

2. The Courts

3. Judges and Lawyers

Foundation and Declarations

This section shall define the foundation of our judicial system through defining and explicitly declaring its limits, characteristics, and aspects.

The Ethics Committee shall always uphold the Code of Ethics above all others unless otherwise decided under review.

The Code of Ethics is our law. No person shall be tried for a code under the Code of Ethics, for not following protocols, unless a code is created.

• Being tried with the same charges, for the same infraction shall constitute double jeopardy, except in the case of a mistrial declaration or an appeal.

All persons accused of a crime shall be presumed innocent unless proven and declared guilty, or otherwise plead guilty on their own accord after charges have been filed against them.

All personnel, including Class D, as well as Class E, shall hold the right to a fair trial.

• Personnel shall be afforded the right to file charges in court, as well as the right to an attorney, the right to a jury, and the right to a fair trial.

All personnel, including Class D, as well as Class E, shall be afforded the right to an appeal.

Civil infractions shall include the litigation of legal damages between 2 or more parties.

Criminal infractions shall include the breaking of any (or any part of a) code against the Foundation itself.

Contractual infractions shall include any litigation involving the creation, edification, enforcement, or arbitration of contracts between 2 or more parties.

The Administrator, O5-X, Committee Overseer, and The Editor shall have the authority to classify new codes in the Code of Ethics or sections thereof (under Administrator approval), and to reclassify existing codes, or sections thereof, into their respective type of infraction.

The Courts

The following courts shall be established to serve as the pillars of the Ethics Committee. Each court shall have a distinct jurisdiction over different sectors of our society.

Low Court 

The Low Court shall have the jurisdiction over all those who are below Class B and/or hold clearance levels 0-3

The Low Court shall further have judicial authority granted to its member-judges over the members of society within its jurisdiction, with them being able to preside over:

• Civil infractions.

• Criminal infractions.

The Low Court shall have a Judge cap of twelve (12) unless otherwise ordered by the concurrent Committee.

For one to serve as a member of the Low Court, they shall also be a Class D personnel at the bare minimum.

High Court In order for a case to be brought before the High Court, it needs to meet at least one of the following requirements:

• The defendant holds Level 4 security clearance or above.

The case is an approved appealed lower court or contract court case.

The case is appealing a current precedent with a reasonable argument.

The defendant is facing expulsion from the Foundation as a possible punishment.

The judge approved a motion from another court to move the current proceedings into High Court.

The Administrator, O5-X, Committee Overseer, or The Editor ordered the case to be moved to High Court.

The High Court shall further have judicial authority granted to its member-judges over the members of society within its jurisdiction, with them being able to preside over:

• Civil infractions.

• Criminal infractions.

• Contractual infractions.

Judges and Lawyers

The Judges and Lawyers shall form the backbone of our courts; they shall act as the arbitrators and defenders of justice respectively.

Judges Judges (singular: Judge) shall be granted judicial authority as prescribed by the Judicial Sub-Committee Command.

• They shall only act on judicial authority without predetermined inclinations or bias.

Judges shall further be granted the powers to arbitrate in Foundation courts, where the bulk of the decisions shall rely on their resolutions.

• They shall be granted full prescribed capabilities under judicial authority, including the power to Class E individuals and pardon them.

• They shall be able to act on their own accord and to handle cases on their own.

  • A Judge's decision is final and shall always be respected, errors of law or new factual findings may aid in the changing of a court's decision or decisions.

All new Judges employed with the Judicial Sub-Committee shall be placed on probation for ten days, wherein they must complete one successful trial or mock trial before the end of their probation to become a full Judge. Additionally, an individual must pass the BAR exam with a score of 80% or above to be considered for the position of Judge.

The Head Judge, chosen by the Sub-Committee Command, shall lead the Judges, with the Sub-Head Judge being either chosen by the Head Judge or any Sub-Committee Command member and assisting the Head Judge in their duties. There may only be 1 (one) Head Judge and 1 (one) Sub-Head Judge.

Lawyers Lawyers (singular: Lawyer) shall act as legal counsel to a person or people; they are legally capable and certified individuals.

Lawyers are automatically granted Power of Attorney when their client does not show up for court, otherwise, their client has to grant it to them if they know they won't be able to make the trial.

• Power of Attorney allows advocates to make decisions for their client to expedite court proceedings, however they may not plead guilty unless client consent is granted.

Certification of Lawyers shall take place through an application process determined by the Sub-Committee Command, where those who pass the application are granted state certification as legal counsel. Anyone trying to become a Lawyer of any kind must pass the BAR exam to be considered for the position. The required score shall be up to the discretion of the Sub-Committee Command, the standard minimum score shall however be 70%.

• The BAR exam must be endorsed by the Administrator, should it not be, it is on The Administrator to commission a new one as he sees fit.

Any person being tried in a court shall also have the ability to call upon a Requested Lawyer, who does not need to be certified or employed by the Judicial Sub-Committee.

The Head Lawyer, chosen by any Sub-Committee Command member, shall lead the Lawyers, with the Sub-Head Lawyer being either chosen by the Head Lawyer, or any Sub-Committee Command member and assisting the Head Lawyer in their duties. There may only be 1 (one) Head Lawyer and 2 (two) Sub-Head Lawyers.

Section X: Judicial Rules and Regulations - SUBSECTION II: Rules and Regulations Part I​I

JUDICIAL LAW SHALL LAY AS THE FOUNDATION OF OUR JUDICIAL SYSTEM, AS WELL AS THE LAST LINE OF DEFENSE FOR THE PROTECTION OF RIGHTS AND THE UPHOLDING OF OUR LAWS WITHIN THE FOUNDATION

Judicial Law shall be made up of four parts, with each part describing a different aspect of the Judicial System. Put together, all of the parts form up the basis of our judiciary, and thus the foundation of justice within the Foundation.

Table of Contents

Part 1: Foundations and Declarations, The Courts, Judges and Lawyers

Part 2: Wording, Judicial Precedents, Judicial Blacklists, Unwarranted Punishment

Part 3: Mistrials and Appeals, Trial in Absence, Repeat Offenders

Part 4: Conflict of Interest, Collusion, Contempt of Court

Part 2: Table of Contents

4. Wording

5. Judicial Precedents

6. Judicial Blacklists

7. Unwarranted Punishments

Wording

This section is reserved to help serve as a definitive clause for any definition not defined elsewhere and to prevent loopholes.

Specific Details

The usage of "he" or "his" is only for English purposes and should be considered gender-neutral and pertaining to females as well.

The word "accuser" shall be synonymous with "plaintiff".

The word "accused" shall be synonymous with "defendant".

Judicial Precedent

Judicial precedent is the process in which a Judge follows previously set sentencing, wherein the facts of the previously decided case were similar to that of the current one:

Any case that is similar in the fact they consist of the same charges must follow but does not need to be the exact as the punishment, that was previously set by judicial precedent.

• Only the Committee Overseer+ may deliver verdicts and punishments that defy precedent.

The High Court shall be able to install new or updated precedent regarding trial procedures as long as the precedent is derived from a court case.

Judicial precedent for each case shall be documented and logged on the Judicial Sub-Committee's Trello, wherein each law has a set of judicial precedents decided by cases involving that law.

• Only Committee Overseer or above holds the power to approve the purging of judicial precedent.

Judicial Blacklists

Blacklists are lists of people or things that are regarded as unacceptable or untrustworthy and should be excluded or avoided. The Judicial Blacklist encompasses a blacklist but only in regards to the judiciary or Judicial Sub-Committee.

The Judicial Subcommittee Command is allowed to blacklist a person or group, with proper reasoning or suspicion of said person or group being untrustworthy or a threat to the Judicial Sub-Committee.

The Judicial Sub-Committee has full right to manage its blacklists, including placing them and lifting them.

• The Judicial Sub-Committee shall have full authority over its blacklists and will be allowed to place a blacklist on ANYBODY within reason.

When blacklisted, said individual or group will not be allowed to join any position in the sub-committee, and will not be allowed to obtain certification to become a Lawyer

• If someone, who already is employed within the Judicial Sub-Committee, is blacklisted, their employment within the Judicial Sub-Committee shall be terminated.

• If someone, who already holds certification from the Judicial Sub-Committee, is blacklisted, their certification shall be terminated.

Only the Sub-Head Judge, the Head Judge, and the Committee Assistant Director, Committee Director, as well as Committee Overseer, shall have the ability to blacklist someone from the Judicial Sub-Committee.

Unwarranted Punishment

Unwarranted punishment is any type of punishment rendered by someone with the authority to do so, which does not hold a real justification in accordance with the infraction committed.

The following punishments rendered by persons with sufficient authority and imperium shall be permitted:

Department punishments:

• Dishonorable discharges.

• An indoctrination within reason (ex: an indoctrination of a thousand HJs shall not count as within reason).

• Judicial punishments and sentences:

  • Forced discharge from a department.

  • Mandated service in a combative department.

  • Rank lock within a department.

  • Class E, wherein a person is rank locked as a Class E within the main group.

  • Overturning of unwarranted punishments.

  • Paying a fine with any in-game currency (except Robux) to the plaintiff. (This type of warranted punishment is only applicable for civil charges, and can only be issued if the guilty defendant is willing to. If not, then other warranted punishments listed in this legislation will be applied instead of this one.)

• No civil infraction shall incur a Class E of more than two (2) days in a court of law.

• No criminal or department infraction shall incur a Class E of more than a month in a court of law.

• All punishments, whether handed down through judicial means, department officers, or the Ethics Committee, shall be within reason.

• All types of punishments shall be supported by a legal reason and upheld by persons with authority unless overturned. Any punishment that does not hold legal grounds shall be considered unwarranted.

• Committee Assistant Director+ cannot be blacklisted during their tenure in office, as to allow them to exercise their duties to the fullest extent.
  
  
  
  Section X: Judicial Rules and Regulations - SUBSECTION III: Rules and Regulations Part I​II
  
  JUDICIAL LAW SHALL LAY AS THE FOUNDATION OF OUR JUDICIAL SYSTEM, AS WELL AS THE LAST LINE OF DEFENSE FOR THE PROTECTION OF RIGHTS AND THE UPHOLDING OF OUR LAWS WITHIN THE FOUNDATION
  Judicial Law shall be made up of four parts, with each part describing a different aspect of the Judicial System. Put together, all of the parts form up the basis of our judiciary, and thus the foundation of justice within the Foundation.
  
  Table of Contents
  Part 1: Foundations and Declarations, The Courts, Judges and Lawyers
  Part 2: Wording, Judicial Precedents, Judicial Blacklists, Unwarranted Punishment
  Part 3: Mistrials and Appeals, Trial in Absence, Repeat Offenders
  Part 4: Conflict of Interest, Collusion, Contempt of Court
  
  Part 3: Table of Contents
  8. Mistrials and Appeals
  9. Trial in Absence
  10. Repeat Offenders
  
  Mistrials and Appeals
  
  Mistrials or appeals shall be the only ways, other than a pardon, in which a court's decision is overturned. They are, in essence, a post-factum check of the case, its procedures, and its facts.
  Mistrials
  A mistrial is the rendering of a trial invalid due to procedural errors before or during the trial and its formation.
  Mistrials shall only be issued by the administration of the Judges within the Judicial Sub-Committee, which includes Committee Assistant Director, as well as the Head and Sub-Head Judge, but only if one or more of the following apply:

• The Presiding Judge has a Conflict of Interest with either side of the case.

• Proof exists that a lawyer on the case colluded or worked against their client.

• Proof exists that the Presiding Judge colluded with either side.

• One or more pieces within the evidence were obtained through illegal means.

• Judicial regulations in regards to trials were not followed through correctly.

• The sentencing is deemed as an 'unwarranted punishment'.

• Upon the declaring of a mistrial, the Presiding Judge shall not be able to serve on the same case again, and another Judge shall preside over the case. The Caput Judge or above may approve the retrial as a High Court case.
  
  Appeals
  An appeal is a request to the courts for a reassessment of the facts or procedures of the case in front of a superior judge.
  Any defendant or plaintiff shall always have the ability to file for an appeal within twenty-four (24) hours of the rendering of the verdict.

• Any defendant or plaintiff can appeal to a verdict once.

  • Only in case a mistrial should have been called, this limitation does not count.

• Appeals shall only be taken by those who hold higher authority than the Judge on the original case, with the exception of the Head and Sub-Head Judge and above, who may take appeals to their own cases.

• 
  
  Trial in Absence
  
  Trial in absence allows Judges to go through cases without the attendance of a defendant, but with a few requirements.
  A person may be tried in court without their attendance if at least one of the following reasons is fulfilled:

• They have already given to a Lawyer the Power of Attorney to represent them in their absence.

Repeat Offenders

A repeat offender is a person who has already been convicted for a crime, and who has been caught again for - and found guilty of - committing the same crime and breaking the law for which they have been tried previously.

• Repeat offenders for civil cases shall be given harsher sentences than the precedent, with the sentence being within reason;

  • The recommended extra time for a Class E sentence shall be an extra day added for each repeated offence of the same kind.

• Repeat offenders for criminal cases shall be given harsher sentences than the precedent, with the sentence being within reason;

  • The recommended extra time for a Class E sentence shall be an extra two day added for each repeated offence of the same kind.

  • If the sentence is combative department servitude, then the verdict shall include an extra four days for each repeated offence of the same kind.

• EXAMPLE: Personnel A was previously tried for two separate cases of murder and convicted. After serving his sentence, he commits another murder. With the precedent being 10 days for a singular murder, 4 days shall be added for the previous two offences.

• They have been largely unresponsive to court summons and avoided contact with the courts within three (3) days of a Judge taking on the case. This shall be called a trial in absence.

  • Before a Judge may proceed with a trial in absence, they must have issued both a bench warrant and an arrest warrant for the defendant in question, which have expired.

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  Section XXI: Judicial Rules and Regulations - SUBSECTION IV: Rules and Regulations Part I​V
  JUDICIAL LAW SHALL LAY AS THE FOUNDATION OF OUR JUDICIAL SYSTEM, AS WELL AS THE LAST LINE OF DEFENSE FOR THE PROTECTION OF RIGHTS AND THE UPHOLDING OF OUR LAWS WITHIN THE FOUNDATION
  Judicial Law shall be made up of four parts, with each part describing a different aspect of the Judicial System. Put together, all of the parts form up the basis of our judiciary, and thus the foundation of justice within the Foundation.
  
  Table of Contents

• Part 1: Foundations and Declarations, The Courts, Judges and Lawyers

• Part 2: Wording, Judicial Precedents, Judicial Blacklists, Unwarranted Punishment

• Part 3: Mistrials and Appeals, Trial in Absence, Repeat Offenders

• Part 4: Conflict of Interest, Collusion, Contempt of Court

Part 4: Table of Contents11. Conflict of Interest

12. Collusion

13. Contempt of Court

Conflict of Interest

Conflict of interest shall be defined as a predetermined bias against the plaintiff or defendant by the Presiding Judge. The following shall constitute a 'conflict of interest' between the plaintiff/defendant and the Presiding Judge:

Holding direct authority over another party involved in the case. Having a noticeably positive or negative relationship with another party in the case.

• This specific type of conflict of interest may only be determined and judged by those higher on the chain of command or the person them-self.

• Being involved in the submission of the case by helping out with the details. Anything deemed a conflict of interest by Committee Director+ on a case-by-case basis.
  Should all Judges, including the Head/Sub-Head have a conflict of interest on a case, then the Committee Director shall decide what happens with the case and if they have a conflict of interest, the Committee Overseer, and so on.
  
  Collusion
  To uphold the integrity of the Judicial System, no two parties within it shall collude to upend or circumnavigate the system.
  The following acts shall be illegal, wherein any of the parties included shall either be blacklisted or tried in a criminal court. The punishment shall fall back to whoever has a higher authority than the person(s) in question.
  No two lawyers on opposite sides within a trial shall collude, communicate or discuss any plan in which their clients shall be at a disadvantage. This shall include (but is not limited to):

• Agreeing on a plea deal without the client's permission.

• Pleading guilty on behalf of the defendant without the defendant's prior knowledge of the guilty plea.

• The prosecution or plaintiff's lawyer attempting to dismiss the trial without their client's permission.

• Agreeing on a set plan during the trial, in which one of the sides does not uphold their client's interests at their full capabilities.

• No Judge or Lawyer shall discuss a trial's details with anyone who has a vested interest in one of the sides being at a disadvantage. No Judge shall collude with a Lawyer in order to set a preplanned verdict or sentence.
  
  Contempt of Court
  Contempt of Court shall be defined as an act by any person(s) within a trial of disregard or disobedience to the court.
  The Presiding Judge within a trial is the embodiment of the court and its soul, as well as Judicial Authority; no one shall attempt to circumnavigate Judicial Authority or belittle it.

• The following acts shall be considered an act of contempt of our courts, and shall be met with a punishment of either:
  2 days Class E or an extension of a combative department contract by 5 days:

  • Unruly behavior during a trial.

  • Not showing up to a trial after confirming the ability to be present at the set date and time.

• 3 days Class E or an extension of a combative department contract by 15 days:

  • Refusal to accept verdicts and sentences rendered by the Presiding Judge.

  • Disregarding any decisions made by the Presiding Judge.

  • Not upholding a Judge's decision on an objection or motion.

• 5 days Class E, forced discharge from service in a department or forced combative department service for 20 days:

  • Any attempt to collude or circumvent the courts without the explicit knowledge of the Presiding Judge.

  • Perversion of the course of justice through the withholding of evidence.