Reforms to the Scribe of Justice

[Datford-Zyvetskistaahn]

I'm rather curious to see the split of opinion in the Deshret following the passage of the most recent amendment to the State Code, and the likely acceptance of that amendment by the Pharaoh. I presume, with the passage, that the first option will enjoy some considerable support, however, I feel it would not be right to assume that all those who voted for the amendment are disinterested in further reform.

I include, for perusal (and so I can find them more easily), my own drafts for bills to bring about the third, fourth and fifth possibilities. Other members, of course, are welcome to provide their own insight, either in the form of proposing amendments or in proposing bills of their own to give effect to any of the options or others that they think of themselves. EDIT: A draft bill for the second (and presently joint most popular) option has been added.

EDIT: Now that the excitement of elections and nominations and the like is over with (unless the Pharaoh has an Elder nomination in the works), and the main other business occupying this place is the repeal bill for the Colonies and Territories Act, I think we can return to making some progress on this matter.

It seems, broadly speaking, that there is a preference towards some sort of reform and that there is a wish to retain a Scribe as the main official responsible. However, as the poll allows for several choices, but no weighting of them, there isn't a way to tell what most Councillors actually favour if they must choose only one, as eventually we must, so I have added a new poll, including only the three reform options presently favoured and which only permits a single option to be selected.

I'd like to ask also if Councillors would have any critique of the bills to implement any of the options, I would hate to end up overseeing a judicial review of a bill I was responsible for writing poorly.

Spoiler

Section 1: Enabling Amendment to the State Code

1. In the Stade Code of Osiris, after Subsection 2.8, a new subsection is inserted that reads:

9. The Deshret will have the power to provide for the selection of an extraordinary prosecutor for offences allegedly committed by the Pharaoh.

2. Subsection 2.9 of the State Code of Osiris is renumbered as Subsection 2.10, but will otherwise be unchanged.

Section 2: Amendments to the Criminal Codex

1. In the Criminal Codex of Osiris Act, the following amendments are made:

(a) Subsection 6.1 shall read:

1. The designated prosecutor will detail recommended sentences when prosecuting criminal offenses before the Pschent, according to the procedure established by the Pschent.

(b) Subsection 8.1 shall read:

1. In order to be valid, a charge of a high crime must be brought before the Pschent by the designated prosecutor within twelve months of the date the alleged offense occurred.

(c) Subsection 8.2 shall read:

2. In order to be valid, a charge of a felony crime must be brought before the Pschent by the designated prosecutor within six months of the date the alleged offense occurred.

(d) Subsection 8.3 shall read:

3. In order to be valid, a charge of a misdemeanor crime must be brought before the Pschent by the designated prosecutor within three months of the date the alleged offense occurred.

(e) After Clause 5.1(d), a new clause is inserted that reads:

(e) "Designated Prosecutor" is defined generally as the Pharaoh or any person to whom the Pharaoh delegates the responsibility to. In instances where the Pharaoh is being tried, or would be tried were the charge accepted by the Pschent, "Designated Prosecutor" is defined as the Keeper of the Deshret or any person to whom the Keeper of the Deshret delegates the responsibility to, provided such person is not the Pharaoh, the Vizier or any Scribe of the Hedjet.

Section 3: Enactment provisions

1. No provision of this Act shall take effect unless all provisions of this Act take effect.

Spoiler

Section 1: Amendments to the State Code

1. After Subsection 4.5 of the State Code of Osiris new subsections are inserted which read:

6. The Pschent will nominate a Scribe of Justice. An Elder shall announce that nomination to the Deshret upon approval of which the nominee will be the Scribe of Justice (alternatively styled as the Scribe of Seshat).

7. The Scribe of Seshat will maintain a Priesthood capable of fulfilling the duties placed upon them and it by this Code and other laws.

(a) The Scribe and Priesthood of Seshat will prosecute alleged criminal offences, provided they are of the belief that prosecution can be successful and is in the interests of the citizens of Osiris.

(b) The Scribe and Priesthood of Seshat will provide defence counsel to those who are subject to prosecution of alleged criminal offences, if such a person cannot secure counsel themselves.

(c) The Scribe and Priesthood of Seshat will provide to the Pschent its opinion on legal questions and disputes brought before the Pschent.

(d) The Scribe of Seshat will, if invited to do so, attend the Pharaoh's Cabinet and provide advice on legal matters to the Pharaoh and the Scribes of the Hedjet.

(e) The Scribe and Priesthood of Seshat is not prevented by the prescription of its duties in by this Code from performing similar actions.

2. Subsection 4.1 of the State Code of Osiris is amended to read:

1. The Pschent will be the judicial council of Osiris, comprised of three Elders of the Pschent appointed by the Pharaoh with the approval of the Deshret. Elders of the Pschent will not serve as Pharaoh, Vizier, Scribe of the Hedjet, Scribe or Priest of Seshat, Guardian of the Atef, or Keeper of the Deshret and will not serve as junior officials for any of these offices for the duration of their service on the Pschent.

3. Subsection 4.6 of the State Code of Osiris is numbered, instead, as Subsection 4.8, but will be otherwise unchanged.

Spoiler

Section 1: Amendments to the State Code

1. After Subsection 2.11(b) of the State Code of Osiris a new subsection is inserted which reads:

12. The Scribe of Seshat will serve as Scribe of Justice and will maintain a Priesthood capable of fulfilling the duties placed upon them and it by this Code and other laws.

(a) The Scribe and Priesthood of Seshat will prosecute alleged criminal offences, provided they are of the belief that prosecution can be successful and is in the interests of the citizens of Osiris.

(b) The Scribe and Priesthood of Seshat will provide defence counsel to those who are subject to prosecution of alleged criminal offences, if such a person cannot secure counsel themselves.

(c) The Scribe and Priesthood of Seshat will provide to the Pschent its opinion on legal questions and disputes brought before the Pschent.

(d) The Scribe of Seshat will, if invited to do so, attend the Pharaoh's Cabinet and provide advice on legal matters to the Pharaoh and the Scribes of the Hedjet.

(e) The Scribe and Priesthood of Seshat is not prevented by the prescription of its duties in by this Code from performing similar actions.

2. Subsection 4.1 of the State Code of Osiris is amended to read:

1. The Pschent will be the judicial council of Osiris, comprised of three Elders of the Pschent appointed by the Pharaoh with the approval of the Deshret. Elders of the Pschent will not serve as Pharaoh, Vizier, Scribe of the Hedjet, Scribe or Priest of Seshat, Guardian of the Atef, or Keeper of the Deshret and will not serve as junior officials for any of these offices for the duration of their service on the Pschent.

3. After Subsection 6.1(b) of the State Code of Osiris a new clause is inserted that reads:

(c) The Scribe of Seshat will have a term of three months.

Section 2: Amendment to the Election Administration Act

1. Subsection 1.1 of the Election Administration Act is amended to read:

1. Elections for Keeper of the Deshret will be administered by the Pharaoh of the Osiris Fraternal Order. Elections for Pharaoh and Scribe of Seshat will be administered by the Keeper.

Section 3: Enactment Provisions

1. No provision of this Act will take effect unless all provisions of this Act take effect.

Spoiler

Section 1: Amendments to the State Code

1. Subsection 4.1 of the State Code of Osiris is amended to read:

1. The Pschent will be the judicial council of Osiris, comprised of five Elders of the Pschent appointed by the Pharaoh with the approval of the Deshret. Elders of the Pschent will not serve as Pharaoh, Vizier, Scribe of the Hedjet, Guardian of the Atef, or Keeper of the Deshret and will not serve as junior officials for any of these offices for the duration of their service on the Pschent.

2. After Subsection 4.6 of the State Code of Osiris a new subsection is inserted that reads:

7. The Pschent will, for each criminal proceeding before it, select one of its membership to serve as prosecutor and another to serve as defence counsel, if the person subject to such a proceeding cannot secure counsel themselves.

(a) No Elder will be selected to serve as prosecutor twice consecutively.

(b) No Elder will be selected to serve as defence counsel twice consecutively.

(c) No Elder will be selected to serve in either capacity in three consecutive proceedings.

Section 2: Amendments to the Criminal Codex

1. Subsection 6.1 of the Criminal Codex of the Osiris Fraternal Order Act is omitted from said Act and Subsection 6.2 of said Act is numbered, instead, as Subsection 6.1, but will be otherwise unchanged.

2. Section 8 of the Criminal Codex of the Osiris Fraternal Order Act is amended to read:

Section 8: Statute of Limitations

1. In order to be valid, a charge of a high crime must be brought before the Pschent within twelve months of the date the alleged offense occurred.

2. In order to be valid, a charge of a felony crime must be brought before the Pschent within six months of the date the alleged offense occurred.

3. In order to be valid, a charge of a misdemeanor crime must be brought before the Pschent within three months of the date the alleged offense occurred.

Section 3: Enactment Provisions

1. No provision of this Act will take effect unless all provisions of this Act take effect.

[Ainocra]

Given that the Pharaoh has oversight I think pressing the Keeper into the role of prosecutor should the Pharaoh be brought to trial would be the most sensible option.

[Jakker]

Wasn't the amendment made void by the Elder's ruling...?

[Andrew]

Given that the Pharaoh has oversight I think pressing the Keeper into the role of prosecutor should the Pharaoh be brought to trial would be the most sensible option.

Thats bad for me, i've never been in a Court trial

[Datford-Zyvetskistaahn]

Wasn't the amendment made void by the Elder's ruling...?

The ruling recommended against the amendment, but it did not make it void (and I imagine most, including myself, would say that it could not have).

[Jakker]

Wasn't the amendment made void by the Elder's ruling...?

The ruling recommended against the amendment, but it did not make it void (and I imagine most, including myself, would say that it could not have).

If that is the case, wouldn't it have made more sense to recast the voting? If we are to rely on the Pschent to interpret the law, it seems disrepectful of the Deshret to indirectly discount the Pschent's opinion by voting before a ruling took place.

[Datford-Zyvetskistaahn]

I would have said that it would have been wiser to await the ruling, yes, however the vote has been had and the matter now lies with the Pharaoh, not us, should the Pharaoh send it back then we can have another vote, either through a new bill (hopefully incorporating a wider reform that gains support here) or through a vote to override the Pharaoh's veto.

[Datford-Zyvetskistaahn]

To note, I have added a draft bill to provide for the second option also.

[War Wombat]

I like the Keeper plan best. Makes the most sense with separation of powers

[Datford-Zyvetskistaahn]

Now that the excitement of elections and nominations and the like is over with (unless the Pharaoh has an Elder nomination in the works), and the main other business occupying this place is the repeal bill for the Colonies and Territories Act, I think we can return to making some progress on this matter.

It seems, broadly speaking, that there is a preference towards some sort of reform and that there is a wish to retain a Scribe as the main official responsible. However, as the poll allows for several choices, but no weighting of them, there isn't a way to tell what most Councillors actually favour if they must choose only one, as eventually we must, so I have added a new poll, including only the three reform options presently favoured and which only permits a single option to be selected.

I'd like to ask also if Councillors would have any critique of the bills to implement any of the options, I would hate to end up overseeing a judicial review of a bill I was responsible for writing poorly.

(I have edited the content of the above post into the opening post also)