Impeachment by trial and recall

Grosseschnauzer

Grosseschnauzer

TNPer
This is a preliminary discussion draft of a proposal to create an additional procedure of "impeachment," as that term is used in the Constitution and in the Declaration of Rights, and to make clarifications in the procedure for impeachment by trial, yo incorporate tme elements into the process.

This proposal would amend Section 7 of Article V and add a new Section 9 to Article V dealing with impeachment by Recall Election. The latter process would be used with inactive office or position holders outside Cabinet Ministers.

Section 7. Impeachment by Trial..

A - Any Regional Assembly Member may bringfile charges with the Court of The North Pacific against a Cabinet-level positionholder if they believe the officeholder has violated this Constitution or partaken in other gross misconduct. The Nation must provide enough evidence to a Grand Jury to warrant a trial.
B - A panel of five Regional Assembly members who are not holding a Cabinet-level position and who are shall be randomly selected from a jury pool not more than 72 hours after the charges are brought. The jury pool, of no less than twenty eligible jurors, shall be chosen in the first week of each three-month judicial term. The selected Grand Jury is to review any evidence given, and [/color][/b] shall be selected by the Chief Justice to review the evidence given. If the Chief Justice is being impeached, the Prime Minister will summon randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror from the jury pool. The Grand Jury shall have not more than 96 hours to review and weigh the evidence cited in the complaint, and determine whether a trial is warranted.
C - All proceedings shall be recorded and sealed by the Chief Justice, or his/her designees, where applicable (including or by the Prime Minister if the Chief Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published.
D - If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Chief Justice (or the Prime Minister, if the Chief Justice is being impeached) shall call a trial. This trial shall be conducted under the same rules as a criminal trial, except that the Prime Minister shall preside if the Chief Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. Should the defendant be found guilty, they will be immediately removed from office. After removal, the removed officeholder may be subject to expulsion from the Region following a separate criminal trial.

Section 9. Impeachment by Recall Referendum.
A - Any elected or appointed holder of an Cabinet-level office, or any other position of the Regional Government, may be removed from office through Recall.
B - The Grounds for a Recall may be stated on any basis provided by Section 5 of this Article, and specifically includes misfeasance, malfeasance, nonfeasance, or inactivity in office.
C - Recall may be initiated by the filing of notice to seek Recall with the Court. A petition shall thereafter be filed within seven days that is supported by not less than fifteen members of the Regional Assembly then in good standing, and filed with the Chief Justice (or with the Prime Minister, when any Justice of the Court is the subject of the petition). When filed, the petition shall describe the evidence that supports the specific grounds of the petition for Recall. This statement of evidence shall be publicly posted in an appropriate thread no later than the time at which a Recall Election is called.
D - Should the Chief Justice (or when necessary, the Prime Minister) find that a sufficient number of Regional Assembly members then in good standing support the Petition, and find that there is evidence that reasonably appears to support the stated grounds for the Recall Petition, then an Recall Election in the Regional Assembly shall be called within 48 hours on the question of whether the holder of the office or position should be promptly removed from office on such grounds.
E - Voting shall be conducted for five days. With at quorum participating, the Recall shall pass if at least three-quarters of the votes cast support Recall. Approval of the Recall shall take immediate effect, and the vacancy created by the Recall shall be filled in the same manner as any other vacancy in such office or position. Recall shall otherwise have the same effect as removal by Impeachment trial.
Click to expand...

edited to include discussed changes.
 
I like the idea of it...

Though, I'm having problems understanding parts of it. A petition for a recall referendum needs support from 25 members of the Regional Assembly before going to vote? 25 seems waaay to many, that constitutes a majority in most RA votes, it's reads to me almost like having to have a vote to decide whether to vote. I'd rather it be 5 or at most 10, if I've ready it properly.
 
My concern at the moment is avoiding abuse of the recall provision.

While 50 has been the outside number that might vote in any iven matter, including elections, the total number of RA members has usually been over 70. We also need to take into account that recruiting more participation in the region will tend to boost both numbers.

What about support from onr-third of the Regional Assembly membership? (It'll be another reason why the continuous verification of RA membership eligibility need to be in place.)
 
How allowing multiple standards?

Like Ten RA members and a judge?
And/or
5 RA members and Cabinet majority?
And/or
the 25 mentioned?
 
I'd much rather keep this as simple as we can. Remember that the Chief Justice or the Prime Miniser reviews the petition and the statement of evidence for reasonableness; it's more of a question of how many co-sponsors is the petition going to need to allow recall to proceed when it has a sound basis, but still high enough to avoid having constant and neverending recall elections?
 
It won't do any good. And you know why?


You'll have to catch me first. Mwahahaha!!!

71diabolik2.jpg
 
Only a little?

I agree that you don't want the system to be abused, but to require such a large amount of people to sign it, to then vote on it, seems pointless. You don't want the amount too low, but you don't want it too high either. Personally I think 10 would be reasonable.
 
I agree with Haor Chall, I think a lower requirement, or a requirement that is, say, 1/7 or 1/10 of the enrollment in the RA makes more sense.
 
How about 15?

That number could be reached just from the Cabinet group (PM, Ministers, Deputies, Speaker, Delegate, Vice Delegate) and or the SC membership.

Then the quorum count would set a higher threashhold to pass (20 to participate and 3/4th to adopt, which would at a minimum be at least 15 of the 20.
 
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