[Passed] Judicial and Security Reform Amendment

[Cormac]

Spoiler

Judicial and Security Reform Amendment Section 1: Amendments to the Scroll of Ma'at

(1) Article I, Section 3(7) of the Scroll of Ma'at will be amended as follows:

(7) Citizens have the right to petition for the redress of grievances when they believe a law or government action contradicts this constitution or laws made pursuant to this constitution. Such petitions will be heard and resolved by the Pharaoh.

(7) Citizens have the right to petition the Council of Priests for the redress of grievances when they believe a law or government action contradicts this constitution or laws made pursuant to this constitution.

(2) Article II, Section 1(3) of the Scroll of Ma'at will be amended as follows:

(3) The Pharaoh, Heir Apparent, and Priests will have no vote in the Council for the duration of their terms in office.

(3) The Pharaoh will have no vote in the Council for the duration of their term in office. The Acting Pharaoh will have no vote in the Council for the duration of their service as Acting Pharaoh.

(3) Article II, Section 2(4) of the Scroll of Ma'at will be amended as follows:

(4) The Council may ratify treaties presented by the Chief Vizier or designated Vizier(s), and repeal treaties, by three-fifths majority vote, with the concurrence of the Council of Priests and the assent of the Pharaoh.

(4) The Council may ratify treaties presented by the Chief Vizier or designated Vizier(s), and repeal treaties, by three-fifths majority vote, with the assent of the Pharaoh.

(4) Article II, Section 2(5) of the Scroll of Ma'at will be amended as follows:

(5) The Council may declare war, and repeal declarations of war, by two-thirds majority vote, with the concurrence of the Council of Priests and the assent of the Pharaoh.

(5) The Council may declare war, and repeal declarations of war, by two-thirds majority vote, with the assent of the Pharaoh.

(5) Article II, Section 2(6) of the Scroll of Ma'at will be amended as follows:

(6) The Council may amend this constitution, the Scroll of Ma'at, by two-thirds majority vote, with the concurrence of the Council of Priests and the assent of the Pharaoh.

(6) The Council may amend this constitution, the Scroll of Ma'at, by two-thirds majority vote, with the assent of the Pharaoh.

(6) Article III, Section 1(1) of the Scroll of Ma'at will be amended as follows:

(1) The Pharaoh is the head of state of the Osiris Fraternal Order and is required to serve as the World Assembly Delegate of Osiris. The Pharaoh may, if necessary, permit the Heir Apparent or a Priest to temporarily serve as World Assembly Delegate to address a security threat.

(1) The Pharaoh is the head of state of the Osiris Fraternal Order and is required to serve as the World Assembly Delegate of Osiris. The Pharaoh may, if necessary, permit the Heir Apparent or a Guardian to temporarily serve as World Assembly Delegate to address a security threat.

(7) Article III, Section 1(8) of the Scroll of Ma'at will be amended as follows:

(8) The Pharaoh may declare a regional state of emergency, dissolving the Council of Scribes, vacating the office of Chief Vizier, and vesting legislative power in the Council of Priests for the duration of the state of emergency. The Council of Priests may override and end a state of emergency by two-thirds majority vote.

(8) The Pharaoh may declare a regional state of emergency, dissolving the Council of Scribes, vacating all other government offices, and vesting executive, legislative, and judicial power in the office of the Pharaoh.

(8) Article III, Section 2(1) of the Scroll of Ma'at will be amended as follows:

(1) The Pharaoh will, with the approval of the Council of Scribes and the Council of Priests, select an Heir Apparent, who will succeed to the office of Pharaoh upon abdication of the Pharaoh. The Pharaoh may vacate the office of Heir Apparent.

(1) The Pharaoh will, with the approval of the Council of Scribes and the Council of Guardians, select an Heir Apparent, who will succeed to the office of Pharaoh upon abdication of the Pharaoh. The Pharaoh may vacate the office of Heir Apparent.

(9) Article III, Section 2(4) of the Scroll of Ma'at will be amended as follows:

(4) The Heir Apparent will act as chairperson and spokesperson of the Council of Priests, but will not serve as a Priest and will have no vote in the Council of Priests.

(4) The Heir Apparent will act as chairperson and spokesperson of the Council of Guardians, but will have no vote in the Council of Guardians.

(10) The following will be amended into the Scroll of Ma'at as Article III, Section 4:

Section 4: Council of Guardians

(1) The Council of Guardians is the security council of the Osiris Fraternal Order, tasked with enforcing regional security in cooperation with the Pharaoh and Heir Apparent.
(2) The Council is comprised of Guardians appointed by the Pharaoh and approved by the Council of Scribes. Guardians will serve until resignation or removal from office.
(3) Guardians will maintain World Assembly nations in Osiris and may exceed the regional endorsement limit(s), up to a limit determined by the Pharaoh, which will be no less than 60% of the Pharaoh's endorsement count.
(4) In the event that the Pharaoh abdicates and the office of Heir Apparent is vacant, succession to the office of Pharaoh will be determined from among the Council of Guardians as prescribed by law.
(5) Unless otherwise noted by this constitution, all decisions of the Council will be determined by majority vote.
(6) The Council may establish rules which govern its procedures. These rules are subordinate to the laws of the Osiris Fraternal Order.

(10) Article IV of the Scroll of Ma'at will be amended as follows:

Article IV: Council of Priests

Section 1: Composition and Procedure of the Council

(1) The Council of Priests is the security council of the Osiris Fraternal Order, the purpose of which is to enforce regional security and balance power between the state, the executive government, and the legislature.
(2) The Council is comprised of a minimum of three Priests appointed by the Pharaoh and approved by the Council of Scribes. Priests will serve until resignation or removal from office.
(3) Priests may maintain World Assembly nations in Osiris and may exceed the regional endorsement limit(s), up to a limit determined by the Pharaoh, which will be no less than 60% of the Pharaoh's endorsement count.
(4) Priests are not required to maintain World Assembly nations in Osiris at all times, but may be required by law to maintain a minimum level of regional influence.
(5) In the event that the Pharaoh abdicates and the office of Heir Apparent is vacant, succession to the office of Pharaoh will be determined from among the Council of Priests as prescribed by law.
(6) Unless otherwise noted by this constitution, all decisions of the Council will be determined by simple majority vote, which is defined as 50%+1. Abstentions may not be used to determine the outcome of any vote.
(7) The Council may delegate decisions related to criminal and civil proceedings to one Priest, provided the prosecution and the accused are permitted to appeal any such decision to the entire Council at the conclusion of the proceedings.

Section 2: Powers of the Council

(1) The Council may establish rules which govern its procedures. These rules are subordinate to the laws of the Osiris Fraternal Order.
(2) The Council may hear criminal and civil charges, determine guilt or the lack of it, and impose penalties upon guilty parties.

Article IV: Council of Priests

Section 1: Composition and Procedure of the Council

(1) The Council of Priests is comprised of three Priests appointed by the Pharaoh and approved by the Council of Scribes. Priests will serve until resignation or removal from office. Procedure for appointment of temporary hearing officers to serve in the event of a Priest's recusal may be established by law or by the Council's procedural rules.
(2) Unless otherwise noted by this constitution, all decisions of the Council will be determined by majority vote. The Council may delegate decisions to one Priest, provided any such decision may be appealed to the entire Council at the conclusion of the proceedings.

Section 2: Powers of the Council

(1) The Council may establish rules which govern its proceedings, which are subordinate to the laws of the Osiris Fraternal Order.
(2) The Council may void any law that contradicts this constitution, void laws made pursuant to this constitution that contradict each other, or order the cessation of any government action that contradicts this constitution or laws made pursuant to this constitution, upon being petitioned to do so by a citizen.
(3) The Council may hear and resolve criminal charges and civil disputes filed in accordance with the laws of the Osiris Fraternal Order.
(4) Decisions by the Council will be regarded as binding interpretation of the law, and such decisions and interpretations are binding upon the Council and all government institutions and officers.

(11) Article VI, Section 1(2) of the Scroll of Ma'at will be amended as follows:

(2) Viziers and executive or legislative deputies are classified as junior government officers and may simultaneously serve in any other office.

(2) Viziers, Guardians, and executive or legislative deputies are classified as junior government officers and may simultaneously serve in any other office.

Section 2: Amendments to the Legal Code of the Osiris Fraternal Order

(1) Article IV of the Legal Code of the Osiris Fraternal Order will be amended as follows:

Article IV: Code of Succession

Section 1: Acting Pharaoh

(1) The Heir Apparent will serve as Acting Pharaoh in the event of the Pharaoh's anticipated absence. If the office of Heir Apparent is vacant or if the Heir Apparent is unavailable, the Pharaoh may select a Priest to serve as Acting Pharaoh in the event of an anticipated absence.
(2) In the event of an unannounced absence of the Pharaoh exceeding seven days, the Heir Apparent will serve as Acting Pharaoh until the Pharaoh's return.
(2) If the office of Heir Apparent is vacant or in the event of a simultaneous, unannounced absence of the Pharaoh and Heir Apparent exceeding seven days, the first available Priest in the line of succession will serve as Acting Pharaoh until the Pharaoh's or Heir Apparent's return.
(3) The Acting Pharaoh will be vested with all powers of the Pharaoh for the duration of service as Acting Pharaoh, except the power to abdicate the office of Pharaoh on behalf of the Pharaoh or the power to vacate the office of Heir Apparent.
(4) The Acting Pharaoh will not assume the World Assembly Delegacy except by permission of the Pharaoh, or if the Pharaoh cannot be reached in an emergency, by permission of the Council of Priests with the concurrence of the Council of Viziers.

Section 2: Line of Succession

(1) The Pharaoh will determine a line of succession, beyond the Heir Apparent, which will be comprised of Priests.
(2) In the event that the Pharaoh has not determined a line of succession, the default line of succession will be determined according to World Assembly endorsement count, in descending order from highest to lowest endorsement count.
(3) In the event that two or more Priests have the same endorsement count, their order in the default line of succession will be determined according to regional influence in Osiris, in descending order from highest to lowest regional influence level in Osiris.
(4) In the event that the offices of Pharaoh and Heir Apparent are both vacant, the first Priest in the line of succession who is willing to serve as Pharaoh will succeed to the office of Pharaoh and will automatically resign from the Council of Priests.

Article IV: Code of Succession

Section 1: Acting Pharaoh

(1) The Heir Apparent will serve as Acting Pharaoh in the event of the Pharaoh's anticipated absence. If the office of Heir Apparent is vacant or if the Heir Apparent is unavailable, the Pharaoh may select a Guardian to serve as Acting Pharaoh in the event of an anticipated absence.
(2) In the event of an unannounced absence of the Pharaoh exceeding seven days, the Heir Apparent will serve as Acting Pharaoh until the Pharaoh's return.
(3) If the office of Heir Apparent is vacant or in the event of a simultaneous, unannounced absence of the Pharaoh and Heir Apparent exceeding seven days, the first available Guardian in the line of succession will serve as Acting Pharaoh until the Pharaoh's or Heir Apparent's return.
(4) The Acting Pharaoh will be vested with all powers of the Pharaoh for the duration of service as Acting Pharaoh, except the power to abdicate the office of Pharaoh on behalf of the Pharaoh or the power to vacate the office of Heir Apparent.
(5) The Acting Pharaoh will not assume the World Assembly Delegacy except by permission of the Pharaoh, or if the Pharaoh cannot be reached in an emergency, by permission of the Council of Guardians with the concurrence of the Council of Viziers.

Section 2: Line of Succession

(1) The Pharaoh will determine a line of succession, beyond the Heir Apparent, which will be comprised of Guardians.
(2) In the event that the Pharaoh has not determined a line of succession, the default line of succession will be determined according to World Assembly endorsement count, in descending order from highest to lowest endorsement count.
(3) In the event that two or more Guardians have the same endorsement count, their order in the default line of succession will be determined according to regional influence in Osiris, in descending order from highest to lowest regional influence level in Osiris.
(4) In the event that the offices of Pharaoh and Heir Apparent are both vacant, the first Guardian in the line of succession who is willing to serve as Pharaoh will succeed to the office of Pharaoh and will automatically resign from the Council of Guardians.

Section 3: Amendments to the Rules of the Council of Scribes

(1) Section 1(2) of the Rules of the Council of Scribes will be amended as follows:

(2) Citizens of the Osiris Fraternal Order, the Pharaoh, Heir Apparent, and Priests excepted, will have a vote on all proposals and in all elections.

(2) Citizens of the Osiris Fraternal Order, the Pharaoh or Acting Pharaoh excepted, will have a vote on all proposals and in all elections.

(2) Section 2(2) of the Rules of the Council of Scribes will be amended as follows:

(2) The Chief Scribe may correct grammatical, formatting and spelling errors in any proposal, provided that such changes are non-substantive in that they do not in any way affect the interpretation of the content of the proposal. All such corrections must be publicly declared in the relevant thread, detailing the full extent of corrections made. The corrections may be overruled by the Pharaoh.

(2) The Chief Scribe may correct grammatical, formatting and spelling errors in any proposal, provided that such changes are non-substantive in that they do not in any way affect the interpretation of the content of the proposal. All such corrections must be publicly declared in the relevant thread, detailing the full extent of corrections made. The corrections may be overruled by the Council of Priests.

(3) Section 2(4) of the Rules of the Council of Scribes will be amended as follows:

(4) Only the Pharaoh may introduce nominations for the Council of Priests before the Council of Scribes.

(4) Only the Pharaoh may introduce nominations for the Council of Guardians or Council of Priests before the Council of Scribes.

Section 4: Removal of Priests from Office

(1) Upon this Act achieving the requisite passage, concurrence, and assent, all incumbent Priests will be removed from office pursuant to the power granted to the Council of Scribes by Article II, Section 2(3) of the Scroll of Ma'at.

All right, these are a lot of amendments, so let me break down what's being proposed here.

We're currently having issues with the Council of Priests. We're having trouble ensuring that Priests are able to fulfill both their security and their judicial/legislative roles; some of our Priests, like Joshua Bluteisen (Ikand), aren't quite active enough for judicial/legislative matters but make great security endorsees, while others are active and make great judicial contributions but aren't really serving any security role because they aren't WA immobile. We're also having trouble finding people to serve as Priests when vacancies occur, due to the combined nature of these roles.

What these amendments do is divide the security and judicial roles and entirely eliminate the legislative role of the Council of Priests, making the Council of Priests a more traditional judiciary and establishing a Council of Guardians for in-game security. Priests, as judicial officials, would still not be permitted to serve as Pharaoh, Heir Apparent, Chief Vizier, or Chief Scribe -- but Guardians, as in-game security officials with no ordinary decision making role, would be permitted to do so.

Additionally, these amendments remove the restrictions on the Heir Apparent and Priests voting in the Council of Scribes, now that the Council of Priests' legislative role is being removed, to encourage more participation in the legislature. The Pharaoh or Acting Pharaoh still could not vote in the Council of Scribes.

Finally, the last section of this Act would remove all Priests from office. With both the number and the role of Priests changing, it seems that we should go through re-appointment and re-confirmation. To be clear, I intend to appoint both Treize and Tim as Priests, and to appoint Treize and Josh as Guardians. I will announce my third choice for the new Council of Priests when and if the time comes.

I believe these amendments will make for more functional security and judicial institutions, as well as a more active legislature by getting all citizens except the Pharaoh involved in the Council of Scribes in a voting capacity. Thoughts?

[Gradea]

This is a hell of an amendment Cormac.

I do understand where you are coming from in regards to the splitting of the functions of the Council of Priests. I have some concerns that Osiris does not have the activity levels required to sustain a separate judicial branch of the Osiran government.

One alternative system that I suggest in regards to reforming our judicial system is to have a permanent justice (who shall be called the Chief Priest) and a poll of citizens able to serve as an Associate Priest in the event the Chief Priest is unable to do so. These citizens, until they are called for duty, are not judicial officials. They remain ordinary citizens.

This is what I feel the best option for Osiris. I do not believe Osiris (or any region for that matter) requires a judicial branch of three members as criminal cases are few and far between, the majority of Priests will simply have nothing to do.

Full support for the recreation of the Guardians though.

[Cormac]

This is a hell of an amendment Cormac.

I do understand where you are coming from in regards to the splitting of the functions of the Council of Priests. I have some concerns that Osiris does not have the activity levels required to sustain a separate judicial branch of the Osiran government.

I think we probably do have enough activity. We already have two Priests, Treize and Tim, who have been active in judicial matters and who I would nominate to the new Council of Priests. At that point it's just a matter of finding one other Priest, which I don't believe will be a problem. I don't think filling vacancies in the future will be much of a problem either; we've had a three person judiciary for most of Osiris' history, and we've never had much problem keeping it fully operational.

One alternative system that I suggest in regards to reforming our judicial system is to have a permanent justice (who shall be called the Chief Priest) and a poll of citizens able to serve as an Associate Priest in the event the Chief Priest is unable to do so. These citizens, until they are called for duty, are not judicial officials. They remain ordinary citizens.

My concern with this type of system is that the pool of citizens -- which is really more like having a jury than judges -- may not be available. This happened recently in the South Pacific, where they have a system like this. Everyone in the pool of citizens either had a conflict of interest or were otherwise unavailable or unwilling to serve, which allowed their Permanent Justice's preliminary ruling to stand. It was a bad ruling, but it was allowed to stand because they had no one to serve as Associate Justice. In the end, that system placed entirely too much power in one judicial official's hands, and I don't want to see that happen here.

A good rule of thumb, given their chronic dysfunction, is that a system unique to the South Pacific shouldn't be copied or adapted by other regions.

This is what I feel the best option for Osiris. I do not believe Osiris (or any region for that matter) requires a judicial branch of three members as criminal cases are few and far between, the majority of Priests will simply have nothing to do.

I think Priests will still have plenty of options open to them. Priests are only prevented from serving as Pharaoh, Heir Apparent, Chief Vizier, and Chief Scribe. That still leaves Guardian, Vizier, Sub-Vizier, Deputy Vizier, and Deputy Scribe open to them, as well as active involvement as citizens in the Council of Scribes, involvement in executive departments, and military involvement.

Additionally, I think it's important to have roles available for veteran citizens who want to contribute but who don't have a lot of time anymore to be heavily involved. Treize and Tim, for example, have both noted that they don't really have time for much else, and it would be a shame not to put their extensive experience to good use. These are people who aren't going to want to run for Chief Vizier or Chief Scribe, and who may not have time for serving as Viziers either, but who still have something to contribute to our judicial system.

Full support for the recreation of the Guardians though.

Good to hear!

[Drugged Monkeys]

I have seen first hand the issues that arise from the current system in TSP.

As Cormac has stated above, issues can arise from only a single justice holding all the power, and a larger group of justices as proposed would likely eliminate those issues.
If you have the right activity level.

[Gradea]

I motion this amendment to a vote.

[Fedele]

Seconded.

[Scieca]

Seconded.

[Gradea]

Honourable Scribes, this matter is now at vote: https://osiris.valthost.com/viewtopic.p ... 1764257/1/