Reforms to the Scribe of Justice

[Ainocra]

I still think the only decent way to go about such a matter would be with the keeper acting as prosecutor.

Though I wouldn't want to try and prosecute a sitting Pharaoh.

Let's face it, if the Pharaoh has gone to the extreme of committing such a crime the most likely response from the Deshret would be a recall vote. That in my view is the best answer to such an issue since it's unlikely that any executive would be able to effectively operate under such a cloud of suspicion regardless of guilt or innocence.

[Andrew]

I still think the only decent way to go about such a matter would be with the keeper acting as prosecutor.

Though I wouldn't want to try and prosecute a sitting Pharaoh.

Let's face it, if the Pharaoh has gone to the extreme of committing such a crime the most likely response from the Deshret would be a recall vote. That in my view is the best answer to such an issue since it's unlikely that any executive would be able to effectively operate under such a cloud of suspicion regardless of guilt or innocence.

Im not a fan of having the Keeper as a prosecutor. I see the efficiency but that does add to the list of requirements for a candidate to be Keeper, one that may discourage a few from running.

[Datford-Zyvetskistaahn]

The Keeper idea, as I have drafted, would permit the Keeper to appoint a prosecutor, if they did not wish to serve themselves, in the same way that under the present law the Scribe of Justice may appoint a prosecutor if they do not, themselves, wish to prosecute a case.

[Andrew]

The Keeper idea, as I have drafted, would permit the Keeper to appoint a prosecutor, if they did not wish to serve themselves, in the same way that under the present law the Scribe of Justice may appoint a prosecutor if they do not, themselves, wish to prosecute a case.

That makes things abit better then

[Andrew]

So, would the proposer like to move forward with this?

[Datford-Zyvetskistaahn]

Presently I'm waiting to see if there is more of a consensus awaiting to emerge and whether there are any suggestions for amendments to the bills, if I may, Mr Keeper.

[Andrew]

Presently I'm waiting to see if there is more of a consensus awaiting to emerge and whether there are any suggestions for amendments to the bills, if I may, Mr Keeper.

Of course

[Datford-Zyvetskistaahn]

As there seems to be a tendency in favour of the status quo or only limited reform of the kind in the second option and as there have not been suggestions to improve it, with respect to the Prosecution of Offences (Extraordinary Prosecutions) Bill (replicated below), I move to vote.

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

Red strikethroughs indicate omissions made, green text indicates new text.

Section 3: Deshret of Osiris
1. The Deshret will be the legislative council of Osiris, open to all citizens of the Osiris Fraternal Order who are approved for membership by the Deshret.

(a) The Pharaoh or Acting Pharaoh will be a non-voting member of the Deshret for the duration of their term as Pharaoh or Acting Pharaoh but may vote in elections.

(b) The Keeper will accept or reject applications for membership in the Deshret within seven days of their filing. Any Councilor may move for a full Deshret vote on any membership application accepted or rejected by the Keeper within seven days of acceptance or rejection of the application.

(c) Applications for Deshret membership will be on hold and will not be accepted or rejected during any election, from the time submission of candidacies begins until final results are officially declared.

(d) The Deshret will have the power to establish standards for maintaining membership in the Deshret by law.

2. The Keeper of the Deshret will preside over the Deshret according to its procedural rules. The Pharaoh and Vizier will not serve as Keeper of the Deshret for the duration of their term as Pharaoh and Vizier.

3. The Deshret will have the power to make and revise its own procedural rules.

4. The Deshret will have the power to pass any law that it determines is necessary and proper for the general welfare of the People of Osiris.

5. The Deshret will have the power to ratify treaties negotiated by the Pharaoh with other regions, organizations, and groups.

6. The Deshret will have the power to override the Pharaoh's veto by a two-thirds majority vote.

7. The Deshret will have the power to remove the Pharaoh from office by a three-quarters majority vote. The Deshret will have the power to remove any other government official from office by a two-thirds majority vote.

8. The Deshret will have the power to establish an additional Pharaonic line of succession beyond the Vizier from among Guardians of the Atef.

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

910. Unless otherwise noted by this Code, all decisions by the Deshret will be made by simple majority vote.

(a) The result of a vote will be determined by only taking into account members voting, and discounting any "present" votes cast in the vote.

Section 5: Definitions

1. For the purposes of this Act, the following definitions will apply:

(a) "Off-site property" is defined as any forum or website that exists separately from the NationStates website.

(b) "Phishing" is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.

(c) "Crashing" is defined as any attempt to cause off-site property to permanently go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of a forum or website, and deliberate posting of content of such a nature that it could cause a forum or website host to delete the forum or website.

(d) "Spamming" is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks.

(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 6: Sentencing

1. The Scribe of Justice or their deputydesignated prosecutor will detail recommended sentences when prosecuting criminal offenses before the Pschent, according to the procedure established by the Pschent.

2. Sentences will include formal censures or warnings, suspension of rights in accordance with the State Code of Osiris, forum bans, in-game ejections, in-game bans, revocation of citizenship, and prohibition of future citizenship.

[...]

Section 8: Statute of Limitations

1. In order to be valid, a charge of a high crime must be brought before the Pschent by the Scribe of Justice or their deputydesignated prosecutor 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 by the Scribe of Justice or their deputydesignated prosecutor 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 by the Scribe of Justice or their deputydesignated prosecutor within three months of the date the alleged offense occurred.

[Ainocra]

I would suggest that you amend it slightly to reflect that these only apply to the sitting Pharaoh.

It could as written be applied to Emeritus Office holders as well if it was suspected the committed a crime while in office.

Other than that it looks like the best option to maintain impartiality of the judiciary and separation of powers.

[Lord Ravenclaw]

Hm, Pharaoh-Emeritus isn't an official title, or classification - it's just something that as caught on since I started using it last year.