Judicial Structure, Powers, and Appointment Act

Introduction

This Act establishes a unified and transparent structure for the judiciary of the State of San Andreas under the Department of Justice (DOJ). It defines the hierarchy, appointment process, responsibilities, powers, and accountability mechanisms of all judicial officers, ensuring fair and efficient administration of justice throughout the State.

Constitutional Justification

Pursuant to Article III of the Constitution of San Andreas, all citizens are guaranteed the right to due process and a fair trial. The DOJ, as the supreme legislative and judicial authority, is empowered to structure and oversee the judiciary in the interest of justice, transparency, and public accountability.

Article I - Judicial Hierarchy and Appointment

1. Judicial Offices

• The judiciary of San Andreas shall comprise three levels of judicial authority:
  • Magistrates - Entry-level judicial officers responsible for day-to-day case management and lower-level proceedings.
  • Judges - Mid-tier judicial officers presiding over criminal, civil, and appellate proceedings as delegated.
  • Justices - Senior judicial officers of the Department of Justice responsible for oversight, precedent, and legislative interpretation.

2. Appointment of Judicial Officers
   • Magistrates may be appointed by any sitting Justice, provided they meet the following criteria:
   • Hold a valid State Bar License.
   • Have no felony convictions or violent misdemeanours.
   • Are not serving in another government position at the time of appointment.
   • Demonstrate sound judgment, impartiality, and knowledge of the law.
   • Judges may be appointed by a majority vote of sitting Justices.
   • Justices may only be appointed by a unanimous vote of all current Justices.
   • All appointments must be documented and published on the official DOJ record for public transparency.
3. Term and Tenure
   • All judicial officers serve at the pleasure of the Department of Justice, remaining in position until resignation, removal, or promotion. There are no term limits, but periodic performance audits shall be conducted by the DOJ.

Article II - Powers and Responsibilities of Magistrates

Section 1: Judicial Duties Magistrates shall perform the following judicial functions:

• Conduct bench trials and issue rulings within their assigned jurisdiction.
• Preside over small claims, civil, and traffic court proceedings.
• Hear motions, manage discovery disputes, and determine procedural issues.
• Approve or deny expungements and bail requests,.
• Issue summary judgments where material facts are not in dispute.
• Administer preliminary hearings and pre-trial matters.
• Sentence defendants in accordance with statutory guidelines and judicial discretion.

Section 2: Administrative Functions Magistrates may also exercise administrative and procedural authority, including:

• Issuing and signing official documents such as bench warrants, court notices, and licenses where authorised by law.
• Managing courtroom scheduling and ensuring proceedings are recorded and properly documented.
• Referring cases to higher courts where legal or constitutional complexity warrants review by a Judge or Justice.
• Advising on procedural improvements or recommendations for judicial efficiency.

Section 3: Limits of Authority

1. Magistrates shall not hear constitutional challenges, legislative reviews, or appellate matters.
2. Magistrates may not impose life sentences or exceptional penalties without direct Justice oversight.
3. Magistrates may not modify legislation or Common Law precedent.
4. All rulings by Magistrates are subject to appeal before a Judge or Justice.

Article III - Powers and Responsibilities of Judges

Judges possess all powers of Magistrates, as well as additional authorities, including:

1. Conducting full criminal and civil trials.
2. Issuing preliminary and permanent injunctions.
3. Granting or denying bail, and setting appropriate terms and conditions.
4. Issuing writs, including:
   • Writ of Mandamus - Compelling an official act required by law.
   • Writ of Prohibition - Preventing action outside jurisdiction.
5. Enforcing compliance with court orders and imposing sanctions for contempt.
6. Approving search warrants, subpoenas, and court orders.
7. Appointing receivers or ordering specific performance in civil matters.
8. Reviewing Magistrate decisions where appeals are filed.
9. Referring matters to Justices for constitutional or legislative interpretation.

Article IV - Powers and Responsibilities of Justices

Justices hold ultimate judicial and legislative authority within the State and may:

1. Oversee and interpret the Constitution and all legislation enacted under it.
2. Establish, amend, and codify Common Law precedents binding across San Andreas.
3. Conduct appellate reviews and final appeals from lower courts.
4. Enact, amend, or repeal legislation following legislative procedure.
5. Approve or veto judicial appointments and disciplinary actions.
6. Exercise fiscal oversight of DOJ budgets, ensuring all expenditures are transparent and properly documented.
7. Conduct Impeachments and Authority Conduct Reviews of government officials.
8. Modify the Penal Code in line with enacted legislation, ensuring all changes are:
   • Derived from explicit legislative instruction.
   • Publicly documented and auditable.
   • Consistent with the legislative intent of the originating statute.
9. Delegate limited powers to Judges or Magistrates where necessary for operational efficiency, provided such delegations are recorded in writing.
10. The Justices shall maintain oversight of all Law Enforcement Agencies , ensuring that every agency operates in accordance with constitutional law, statutory regulations, and Department of Justice directives. N

Article V - Removal and Disciplinary Action

Judicial officers may be removed for:

• Gross misconduct or corruption.
• Breach of constitutional duty.
• Prolonged neglect of office or dereliction of duty.
• Loss of Bar License or disqualification under professional standards.

Removal Process

• Magistrates - May be removed by any sitting Justice for cause.
• Judges - May be removed by a majority vote of sitting Justices.
• Justices - May only be removed through the formal impeachment process overseen by the State of San Andreas.
• All removals must be documented and published in the DOJ public record.

Disciplinary Powers

The Department of Justice retains full authority to censure, suspend, or sanction judicial officers where warranted. Any disciplinary or removal decision must be accompanied by written justification to preserve transparency and accountability.

---

Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson