A2510.01 [2541.AB] Repeal and Replace of the Judicial Act

[Welly]

A2510.01 | Repeal and Replace of the Judicial Act

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@legislators of the South Pacific,

There has been a seconded motion to repeal and replace the Judicial Act. The debate topic can be found here.

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INFORMATION

This is a vote on standard legislation. According to the Legislative Procedure Act, this vote shall require a majority greater than 50% to pass. The voting period will be 3 days, thus concluding on Tuesday, October 14th.

Sunday, October 12, 2025 12:20 AM→Wednesday, October 15, 2025 12:20 AM

IMPORTANT

Please vote by poll if possible. If you cannot vote by poll, post “Aye”, “Nay” or “Abstain” in this thread. Please do not vote both by poll and by post. Comments and discussions belong in the debate thread and should be posted there.

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The text of the legislation in question is as follows:

Repeal of the Judicial Act

@coco

Judicial Act

An act to establish operational principle, procedures, and best practices for the High Court

1. The High Court

(1) The High Court shall be composed of a Chief Justice and at least two Associate Justices.

(2) The Chief Justice operates the High Court. In case of vacancy, absence, or recusal, the Associate Justices shall collectively operate the High Court.

(3) The Chief Justice may order the recusal of any Associate Justice on a specific issue. The Associate Justices may collectively force the recusal of the Chief Justice on a specific issue.

(4) In case of a vacancy, a willing and eligible Associate Justice will be selected by their peers to serve as Chief Justice.

(5) To appoint an Associate Justice, the Prime Minister will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.

(6) The Prime Minister is compelled to appoint a fitting individual as per above with all deliberate speed if:

1. there are fewer than two Associate Justices on the High Court,
2. the Chief Justice position is vacant and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
3. a case cannot continue due to recusals.

2. Judicial Conduct and Requirements

(1) Justices of the High Court shall:

1. rule upon what is written in law, and not be influenced by prejudice based on personal bias, corruption by undue influence, or discord;
2. consider the impact of Court rulings carefully to ensure that, whenever possible, no individual is empowered to exploit rulings of the Court;
3. maintain good communication with fellow Justices as well as the broader community; and
4. be reasonably inquisitorial.

(2) An Associate Justice must be a citizen of the Coalition and take an oath of confidentiality and impartiality.

(3) The Chief Justice must fulfill the requirements to be an Associate Justice, and additionally, may not serve as the Prime Minister or an appointed cabinet minister, as Chair of Assembly or their deputy, or as Delegate.

3. Case Procedure

(1) A case is submitted to the High Court via a public post in the High Court area by any individual authorized to submit a case of the given type. A case can be a legal question, an appeal, an indictment, or a sentencing.

(2) The High Court will determine with reasonable speed whether a case is justiciable. If found justiciable, a Justice will be assigned to the case, otherwise the case is unappealably dismissed.

1. Provided there is unanimous agreement, the High Court may unappealably dismiss an otherwise-justiciable case it considers to be frivolous.

(3) Any member of the South Pacific may request the recusal of the assigned Justice at any time, which will be reviewed by the High Court. If granted, the High Court will assign another Justice.

(4) Any member of the South Pacific may submit information, evidence, or opinions on the matter. To facilitate this, a case may not run for less than 72 hours.

(5) The assigned Justice may, as necessary, request information, evidence, or opinions from any member or institution. With the approval of another Justice, a member or institution may be compelled to answer such a request.

(6) Once the assigned Justice has all necessary information and evidence, they will analyze the question with all deliberate speed to deliver an opinion. Any individuals involved in the crafting of the opinion must be named within it. The opinion must be approved by another Justice not recused from the case.

4. Legal Questions

(1) A legal question is a case containing one or more questions seeking to receive clarification on the meaning of existing law, or the applicability of law to concrete or hypothetical situations.

(2) Legal questions can be submitted by any member of the South Pacific.

(3) The opinion delivered for a legal question shall have the full force of law until appealed, or the law upon which the opinion was based is significantly changed.

5. Criminal Cases

(1) As part of a case, the Justice may indict an individual if there is probable cause that this individual has committed a criminal act. If the criminal act is not substantially related to the case, the assigned Justice is encouraged to start a separate case for the indictment.

(2) Upon indictment, the individual will be contacted through at least one reasonable means, and given at least one week to defend themselves before an opinion may be delivered.

(3) The assigned Justice will deliver with the opinion, a verdict for each indictment contained within the case. The verdict shall be guilty if and only if the accused admitted guilt, or the Justice has determined it to be substantially more likely than not that the criminal act occurred.

6. Sentencing

(1) A sentencing case is started when an individual has been found guilty after being indicted. The case is started, if possible, by the Justice that delivered the conviction.

(2) The sentencing case shall be on hold if an appeal for the conviction has been filed, for the duration of that appeal. If the original conviction is overturned, the sentencing case is automatically dismissed.

7. Appeals

(1) An appeal is a case for which the petitioner seeks to reverse or reevaluate a case. An appeal may only be filed if there is no other open appeal for that case, and must be filed against the most recently adjudicated appeal, if one exists.

(2) An appeal may be filed by any member of the South Pacific, or by any non-member with a vested interest in the case, for at least one of the reasons described in this article.

(3) Appeals may be submitted on grounds of process violations, contradictions of law, or judicial misconduct. For such an appeal, the assigned Justice of the case being appealed is automatically recused from the appeal case.

(4) Appeals may be submitted upon submission of new evidence that a reasonable person considers grounds for reviewing the original opinion.

8. Confidentiality

(1) By default, material submitted for a case shall be submitted alongside the case proceedings in a public venue.

(2) Material that is confidential and may harm regional security may be submitted to the Court, provided that the Court works with the corresponding authority to redact the information that may harm regional security.

(3) Material that is of a personal nature, such as that which reveals personally identifiable information, or which would otherwise unreasonably violate personal privacy, may be provided to the Court on a confidential basis, and published in a redacted form only if a reasonable person could not deduce the identity being protected.

9. Temporary Injunctions

(1) The assigned Justice of a case may issue a temporary injunction to compel an individual or institution to do or refrain from specific acts. The injunction must be issued either directly to a party of the case, or to another individual or organization if the act described in the order directly affects a party of the case. An injunction may only be issued if pertinent to the orderly progression of the case, or in the interest of public peace and order.

(2) Any injunction must include a time limit not exceeding four weeks, after which it expires. An injunction may be extended at any time, with each extension also including a time limit not exceeding four weeks from the moment the extension is issued. An injunction automatically expires when its associated case completes, unless it is grandfathered into a succeeding sentencing case if applicable.

(3) Issuing, lifting, amending, renewing or extending a temporary injunction requires approval by another Justice not recused from the case.

(4) A temporary injunction may not unreasonably restrict an individual’s existing right of participation in the region, nor may it exclude the possibility of seeking remedy through the court. A temporary injunction may not order an act that is not reversible.

Replacement Judiciary Act

Judiciary Act

An act to regulate the composition and procedures of the High Court.

1. Judicial Appointments and Conduct

(1) The High Court shall be composed of a Chief Justice and at least two Associate Justices.

(2) Justices of the High Court must be citizens of the Coalition.

(3) The Prime Minister shall, in consultation with the Court, appoint Justices of the High Court.

(4) Nominees to the High Court must be confirmed by the Assembly prior to assuming office.

(5) Justices must take an oath of confidentiality and impartiality upon their confirmation by the Assembly and prior to assuming office.

(6) Justices must conform to the following standards of conduct in the discharge of their official duties:

1. Rule upon what is written in law and what can be reasonably interpreted from the surrounding context without being influenced by prejudice, personal bias, undue influence, corruption, or other matters unbecoming of a judge.
2. Consider the impact of rulings so that, when possible, no individual is empowered to unjustly exploit said rulings and no ruling is absurd to the expense of more logical or less disruptive outcomes.
3. Refrain from opining on the wisdom or desirability of political actions or making comments that could be reasonably read to constitute an intrusion of the Court on political affairs.
4. Maintain cordial relations with their fellow Justices and with the broader regional community.
5. Be reasonably inquisitorial and exercise professional skepticism.

2. The Chief Justice

(1) The Chief Justice shall be elected by the Court from among the Associate Justices.

(2) The Chief Justice shall hold office at the pleasure of the Court and pursuant to Article XI of the Charter.

(3) The Chief Justice shall be responsible for all matters related to the administration of the Court, including but not limited to the following:

1. Processing case submissions.
2. Maintaining decorum and civility in all venues where the Court conducts its business.
3. Maintaining an archive of High Court cases and opinions.
4. Managing the rotation of case assignments to Justices.
5. Leading discussion regarding whether requests for review should be granted.
6. Ordering the recusal of Justices in cases where their impartiality might reasonably be questioned.
7. Representing the institutional interests of the Court.

(4) The Chief Justice shall hold seniority over their fellow Justices but shall not exercise any authority related to the administration of the Court beyond that which is granted by law without the consent of a majority of the Court.

(5) In the event that the Chief Justice is unable or unwilling to perform their duties with respect to a particular case, the most senior available Associate Justice, as determined by order of confirmation date, shall perform those duties.

(6) The Associate Justices may collectively order the recusal of the Chief Justice in cases where the Chief Justice’s impartiality might reasonably be questioned.

3. Jurisdiction and Powers

(1) The High Court shall have jurisdiction to hear and authority to decide the following types of cases:

1. Legal Question - a question on the meaning of a law or the applicability of a law to a concrete or hypothetical situation.
2. Review Request - a request that the Court declare void and enjoin the execution or enforcement of any general law, regulation, directive, determination or any other official act of government, in whole or in part, upon a determination that it violates the terms of the Charter or any other constitutional law.
3. Criminal Complaint - a request that a member of the South Pacific be indicted for committing one or more of the crimes codified in the Criminal Code.

(2) In addition to all other powers set forth in the Charter and this Act, a Presiding Justice may issue temporary injunctions to compel an individual or institution to do or refrain from doing something, when necessary for the orderly progression of a case, to prevent irreparable harm, or to maintain public order, provided, however, that no temporary injunction may:

1. Have a duration longer than four weeks, unless extended subject to the same limitation; or
2. Unreasonably restrict the right guaranteed to members under Article 3 of the Charter or deprive individuals from the right to judicial recourse.

(3) In addition to all other powers set forth in the Charter and this Act, the High Court may, by majority vote, issue such orders as are necessary and appropriate in aid of its jurisdiction, provided, however, that any injunction issued pursuant to this authority must comport with the requirements for and limitations upon the issuance of temporary injunctions by Presiding Justices.

(4) The High Court may, by majority vote, adopt policies and procedures for case management, provided that such policies and procedures are not inconsistent with any other provision of law.

4. Procedures for the Submission and Consideration of Civil Cases

(1) Any member of the South Pacific may submit a legal question.

(2) Any member of the South Pacific or any party adversely affected by an official act of the South Pacific government may submit a review request.

(3) The Court shall hear and decide all civil cases that are submitted for its consideration, except the Court shall not hear any civil case that:

1. refers to a matter of political determination rather than a matter of law;
2. was not submitted by a proper party;
3. is not justiciable; or
4. is frivolous in nature.

(4) The Chief Justice shall assign a Justice to preside over each civil case that has been submitted.

(5) The Presiding Justice shall be responsible for all matters related to the management and resolution of the case including, but not limited to the following:

1. Determining if the case is justiciable and, if not, ordering the dismissal of the case.
2. Ordering the production of information that the Presiding Justice deems relevant to the case; such information must be produced by the recipient of such orders under penalty of contempt.
3. Considering all the information that is available or that has been obtained over the course of the case and that may be relevant to it.
4. Issuing a decision and, if necessary, a remedy that adequately answers the question or request that was made to the Court.

(6) The Presiding Justice must promptly notify a government official against whose official conduct a review request has been submitted and afford them no fewer than seven days to present a legal justification for their actions, but failure to provide such justification within the allotted time may not be used as grounds for appeal.

(7) When a civil case is dismissed on the grounds that the case is non-justiciable, the Presiding Justice shall issue an opinion explaining the reasons for that dismissal if such an opinion is timely requested by a member of the South Pacific.

(8) The standard of proof in all civil cases shall be a preponderance of the evidence.

5. Procedures for the Submission and Consideration of Criminal Cases

(1) Any member of the South Pacific may submit a criminal complaint.

(2) The Court shall hear and decide all criminal cases that are submitted for its consideration, except the Court shall not hear any criminal case in which the complaint:

1. was not submitted by a proper party;
2. does not contain sufficient evidence to support a finding of probable cause; or
3. is frivolous in nature.

(3) The Chief Justice shall assign a Justice to preside over each criminal case that has been submitted.

(4) The Presiding Justice shall be responsible for all matters related to the management and resolution of the case including, but not limited to the following:

1. Determining if there is probable cause that the accused individual committed a criminal act and, if not, ordering the dismissal of the criminal complaint.
2. Ordering the production of information that the Presiding Justice deems relevant to the case; such information must be produced by the recipient of such orders under penalty of contempt.
3. Calling for and appointing counsel to represent the defendant, if the Defendant requests court-appointed counsel.
4. Considering all the information that is available or that has been obtained over the course of the case and that may be relevant to it.
5. Issuing a decision and verdict and, if necessary, a sentence that adequately addresses the alleged criminal violation.

(5) The Presiding Justice must promptly notify a party against whom a criminal complaint has been submitted and afford them no fewer than seven days to present a reasonable defense, but failure to provide a defense within the allotted time may not be used as grounds for appeal.

(6) When a criminal case is dismissed for lack of probable cause, the Presiding Justice shall issue an opinion explaining the reasons for that dismissal if such an opinion is timely requested by a member of the South Pacific.

(7) The Presiding Justice may find an individual guilty only upon finding it substantially more likely than not that the indicted party committed the relevant crime.

(8) Following a guilty verdict, the Presiding Justice shall issue a sentence proportional to the crime and the circumstances under which it was committed; interested parties must be given a reasonable time to communicate any mitigating or aggravating factors that may be relevant to the determination of the sentence.

6. Appellate Procedure

(1) The following parties may file a petition requesting that the full High Court review a decision or order issued by a Presiding Justice:

1. Any party adversely affected by a Presiding Justice’s final decision in a civil case.
2. A convicted party in a criminal case.
3. Any individual who is the subject of a temporary injunction.
4. Any individual held in contempt by a Presiding Justice for failure to produce information requested by the Presiding Justice.

(2) A petition for review may be filed only on grounds of failure to follow proper procedure, error or contradictions of law, judicial misconduct, or the emergence of relevant new information not reasonably available to the petitioning party at the time of the Presiding Justice’s decision.

(3) In determining whether to grant a petition for review, the High Court shall consider the significance of the legal issues at stake, the need for definitive resolution of ambiguity or uncertainty in any regional law at issue, the existence of conflict between decisions issued by different Presiding Justices on the same or similar issues, and any other compelling reasons that favor granting the petition.

(4) No petition for review shall be granted unless a majority of the Court votes in favor of granting said petition.

(5) If a petition for review is denied, then the Presiding Justice’s decision shall remain in force.

(6) When a petition for review is denied, the Court shall issue an opinion explaining the reasons for that denial if such an opinion is timely requested by a member of the South Pacific.

(7) If a petition for review is granted, then the full High Court shall consider and rule upon the underlying case.

(8) Upon granting a petition for review, the High Court may, by majority vote, affirm, reverse, or reverse and remand a Presiding Justice’s decision on any lawful grounds, except that the High Court shall not reverse any of the Presiding Justice’s factual findings unless such findings were clearly erroneous.

(9) If the High Court is evenly divided over whether to affirm or reverse a Presiding Justice’s decision, then said decision shall be affirmed.

7. Confidentiality

(1) By default, material submitted for a case shall be submitted alongside the case proceedings in a public venue.

(2) Material that is confidential and may harm regional security may be submitted to the Court, provided that the Court works with the relevant authority to redact information that may harm regional security.

(3) Material that is of a personal nature, such as that which reveals personally identifiable information, or which would otherwise unreasonably violate personal privacy, shall be provided to the Court on a confidential basis only; such material may be published in a redacted form only if a reasonable person could not deduce the identity being protected.

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Should the Judicial Act be repealed and replaced with the above Judiciary Act?

• Aye
• Nay
• Abstain

[Welly]

A2510.01 | Repeal and Replace of the Judicial Act Passed

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Final Result

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This vote to repeal and replace the Judicial Act required a 50% majority of votes in favour, excluding abstentions, to pass. The results are tabled as follows:

Caucus	Aye	Nay	Abstain	Percentage of Vote
The Cakeists	5	1	5	33.3%
The Ice Creamists	4	0	2	18.2%
The Pieists	4	0	2	18.2%
Independent	4	1	5	30.3%

Type	Tally	Percentage of Vote	Final Percentage
Ayes	17	51.5%	89.5%
Nays	2	6.1%	10.5%
Abstentions	14	42.4%
Total	33	80.5% of Legislators
Absent	8	19.5% of Legislators

In light of these results, the vote passes, having reached the required majority.