Reforms to the Scribe of Justice

[Amerion]

I concur with Ainocra.

[Andrew]

While I have enjoyed the discussion I do feel that the proposal put forward just isn't really optimal. I feel as if it would serve to add another layer of red tape to what would already be a sticky situation.

a few what if scenarios for your consideration

The term ends during a trial, the defendant is no longer the Pharaoh. Does the trial continue?
The Deshret votes to remove the Pharaoh during the trial and again the defendant is no longer the Pharaoh. Does the trial continue?
The Pharaoh resigns before the trial starts, do we still hold a trial?
The accusations come out a month after the Pharaoh who allegedly committed the crime has left office, do we still hold a trial?
The Pharaoh has just begun his term and the alleged crimes were committed 6 months prior before they even considered running for office.

While I am confident that these various logistical questions can be resolved I would like to see them resolved before we proceed to a vote.

I suggest tabling for a time.

As another second has not been given to the motion, this proposal shall not go to vote as of yet. However, regarding your table, you have raised interesting points but I am wary of tabling this proposal for too long a period of time.

[Common-Sense Politics]

I concur with Ainocra.

As do I.

[Datford-Zyvetskistaahn]

In answer to the questions of the Scribe of Ma'at:

The Pharaoh resigns before the trial starts, do we still hold a trial?

I'll begin with the third question (as the first and second may require amendment of the bill, whereas other questions raised, in my view, do not (though, I would say that there was considerable time before the bill was moved and seconded to comment on deficiencies in it and that I find it rather unfortunate that objections are being brought forward only near to the end of consultation)). Yes, the trial is held with a prosecutor designated by whoever is the Pharaoh, which may well be the same person who entered the charges under direction of the Keeper, but could well be a different person.

The accusations come out a month after the Pharaoh who allegedly committed the crime has left office, do we still hold a trial?

Yes, the trial is held under the procedures that currently exist, with a Scribe selected by the Pharaoh prosecuting, or some other person similarly designated by the Pharaoh to prosecute offences. The bill is directed primarily at Pharaohs who would seek to disrupt and damage a trial against them while in office, once they have left office they are no longer Pharaoh, it is not relevant whether they were when the offence was committed.

The Pharaoh has just begun his term and the alleged crimes were committed 6 months prior before they even considered running for office.

Yes, presuming the question to follow would be the same as the one afore. Provided such a trial was not precluded by the statute of limitations, then they would be prosecuted by a person designated by the Keeper, which, I would presume, is desirably, as one would not wish for a person accused of treason to be able to direct their own prosecution.

The term ends during a trial, the defendant is no longer the Pharaoh. Does the trial continue?
The Deshret votes to remove the Pharaoh during the trial and again the defendant is no longer the Pharaoh. Does the trial continue?

These questions are somewhat more problematic than the first question I answered, as for that question it was (I presumed) the case that the Pharaoh ceased to be Pharaoh between the charge and the trial, so the charge would be directed by the Keeper and the trial by the new Pharaoh, for these questions there is a break during the actual trial. I would say that the trial would continue and that it would be open for the new Pharaoh to designate a new prosecutor or to retain the prosecutor selected by the Keeper. This could create delays in the trial, certainly, however, it could be resolved by an amendment to the bill (one possibility is contained below). I would say that this problem is the sort that already exists with any new Pharaoh, that they could simply dismiss a prosecutor and replace them, and not one created by the bill.

(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. A designated prosecutor shall remain the designated prosecutor for any trial that commenced as a result of charges they brought before the Pschent, unless they resign or are dismissed by the authority that designated them.

The new text (blue) would mean that in all of the above cases were the Pharaoh did not continue to be Pharaoh until the conclusion of the trial, that they would continue to be tried by the same person after ceasing to be Pharaoh. The most obvious flaw with such a provision (apart from the highly unwieldy clause it creates) is that it also means that if a person had a trial commence against them before becoming Pharaoh, that they could dismiss their prosecutor, designation of a new prosecutor, however, would be for the Keeper to do as "the Pharaoh is being tried" so the designated prosecutor is of the extraordinary, not general, type.

I hope I have assuaged concerns of my fellow Councillors and I note that I withdraw my motion to vote, until such a time as the opinion of this place on the proposed new clause above.

[Datford-Zyvetskistaahn]

Presuming there is no further comment in the next two days, I shall make the amendment above to the bill and put another motion to vote. I shall not indulge further efforts to delay the bill after that point, its detractors have had time enough to criticise it (now more than two months) and have came up with few reasons to stop it beyond an unexplained fear that it will have an effect on former Pharaohs (though no other law provides for a unique effect on former Pharaohs and there is, so far as I can see, no reason to believe this bill will) and that in the highly rare circumstance that a Pharaoh is being tried that this bill will add "red tape" (which is rather the point of the bill, than an unintended effect, it is to make it difficult for a Pharaoh to influence his own prosecution by putting it under the direction of another, inevitably, though slightly, spreading responsibilities).

[Andrew]

Do I see a second?

[Jakker]

I second.

[Datford-Zyvetskistaahn]

If I may, Mr Keeper, I had not meant that to be a motion itself, rather for it to be notice that I would put a motion in two days (now tomorrow). Apologies if my wording was unclear.

[Andrew]

If I may, Mr Keeper, I had not meant that to be a motion itself, rather for it to be notice that I would put a motion in two days (now tomorrow). Apologies if my wording was unclear.

Oh I see.

[Datford-Zyvetskistaahn]

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. A designated prosecutor shall remain the designated prosecutor for any trial that commenced as a result of charges they brought before the Pschent, unless they resign or are dismissed by the authority that designated them.

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.A designated prosecutor shall remain the designated prosecutor for any trial that commenced as a result of charges they brought before the Pschent, unless they resign or are dismissed by the authority that designated them.

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.

I have made the amendment mentioned above to the bill, and I move the amended bill to vote. Apologies again, Mr Keeper, for my earlier lack of clarity and also to those who wish for this particular piece of business to be disposed of, it has taken some time but hopefully we shall get there soon, whether it passes or fails.