Rules Instituted By the Conclave
Previous SOC
[quote=“Previous Standing Orders of Conclave”]
STANDING ORDERS OF THE CONCLAVE
Originally Adopted 6/19/2010
Amended 12/19/2010
Section 1: Introduction
The Conclave of The East Pacific does hereby invest in a written set of protocols, henceforth known as The Standing Orders of the Conclave, with the intent of preserving the basic rights of citizens, protecting the well-being of citizens, and interpreting written laws created and designed to be enforced upon citizens. This document should not be rigid to the point where it handcuffs the Arbiters of The East Pacific, but it should also not be too loose as to create gray areas that may deter from established code. Therefore, anything not specifically mentioned in this document may be interpreted by the current Arbiters of The East Pacific and may be subject to amending. The SOC is an agreement between Arbiters on how to best conduct Conclave business. It is subject to change at any time. Nothing in the Standing Orders of the Conclave shall be construed as establishing rights of any party not contemplated by the Concordat or laws of The East Pacific.
Section II: Duties of the Arbiters
An Arbiter of The East Pacific is responsible to:
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Interpret laws passed by the Magisterium and signed by the Delegate and make a clear decision on how the law should be interpreted (or voided).
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Settle any disputes presented by citizens of The East Pacific.
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Hold trial for any members or citizens that have been accused of a particular crime within the region.
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Establish verdicts and sentences for members or citizens during a time of a trial.
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Elect among them a Viceroy to serve a period of six months to conduct elections, grant citizenship, oversee trials, and report to the Magisterium with the decision regarding any bills presented to the body.
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Remove a Vizier for inactivity or high crimes by a 2/3 vote.
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Remain active and punctual during their tenure.
Section III: Voting
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For each voting period, the Viceroy is charged with outlining the purpose for voting, the choices, and the voting time frame.
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If all Arbiters have voted on a particular issue, voting ends immediately.
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In the event of a tie vote, a re-vote may be initiated. A grace period of three days is used for open debating of the issue at hand prior to voting. The Viceroy is then charged with initiating a new voting period. If by the end of the re-vote a tie still exists, the Viceroys vote may count as an extra vote.
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All voting periods are to last a maximum of one week. Any Arbiters who do not vote in this period will be counted as abstain and will have their non-participation recorded. Those who do vote within this period are designated as active Arbiters in this document.
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Any Arbiter who brings a matter before the Conclave with the exception of a Motion to Dismiss or is materially involved in matter to be considered must recuse themselves and may not be considered an active Arbiter in that matter. Once recused, the Arbiter must not participate in any part of the matter.
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Prior to voting, the Conclave may use a private discussion subforum to debate a bill, trial, or amendment to this document.
Section IV: Interpreting Laws
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The Viceroy is charged with opening any debate for a legislation presented to them by making a post topic which outlines the bill verbatim and if the debate is open to the public or is private.
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- The Conclave will have a period of no more than one week to debate legislation enacted by Magisterium with regard to whether or not it is contrary to Concordat. Any arbiter may ask for a one one-week extension to the debate.
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Once the debate period has ended, the Conclave must vote on the legislation to determine if it is to be passed or voided. This voting period ends on the following conditions:
a. If a majority vote has been achieved under the current number of Arbiters in the Conclave.
b. If one week has passed and a majority among active Arbiters has been established. -
If a legislation is declared a law, the Viceroy is charged with sending the law back to the Magisterium to be amended into the Concordat.
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If legislation is declared void, the Viceroy is charged with sending the law back to the Magisterium for review. Comments as to why the bill was voided may be included.
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Multiple legislation reaching the floor of the Conclave may be debated and voted on synchronously.
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One week after the Conclave has announced their decision on a legislation, any citizen may request any private discussions regarding the legislation be made public to the Viceroy. The Viceroy is then charged with moving the discussion from the private quarters to the public Conclave subforum.
Section V: Offenses that may Merit a Trial
Conclave may place a nation on trial if they violate the laws of the region. Examples of conduct that may merit a trial are:
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Severely harassing or teasing, expressing prejudice against, or acting with intent to harm members or citizens.
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Creating a disturbance that is distressing to other members or citizens, or the government of The East Pacific.
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Accepting bribes while serving in a governmental position of The East Pacific.
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Committing treason upon The East Pacific.
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Committing voter fraud.
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Actively contradicting the written laws of the Concordat.
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Compromising or overriding the judiciary powers of the Conclave The East Pacific.
Section VI: Trial Process
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Any citizens or members may bring up accusations of offending members or citizens for the Conclave to review in the form of a post topic. These accusations must include the accused person(s) and offense(s) they are accused of committing in addition to any witnesses or advocates each side wishes to appear before the trial.
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Any offenses brought to the attention of the Conclave must be determined to merit the need for a trial. The Conclave may have no more than one week to determine if a trial is needed by active Arbiter majority vote, and the acceptance of any advocates and witnesses proposed.
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If a trial is deemed unnecessary, the Viceroy is charged with explaining why a trial is not granted and may offer advice as to how the issue may be resolved. Arbiters may be called to offer advice as well. The post topic is then locked.
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If a trial is deemed necessary, the Viceroy is charged with pinning a topic that designates a motion for trial. In the opening post, the Viceroy must establish the conflicting parties, charges brought upon the accused person(s) by the accuser(s), and if the trial is open to public comments or is private.
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The Viceroy is charged with guiding the direction of the trial: from the motion, to evidence provided by the accuser(s), to defense of the accused person(s), to opening the floor for questions, and suspending the trial to allow for arbiters to reach a sentence and verdict. Only those given clearance to post during the trial may do so as directed by the Viceroy and in response to a question proposed by an Arbiter.
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Any party or Arbiter who becomes aware of a witness with relevant information as to the legality of a bill or the guilt or innocence of any party before the Conclave may petition the Viceroy during proceedings to amend the list of nations allowed to present evidence or argument. Once a vote has been taken, any such submission would be in the form of a Motion To Reconsider the matter based upon new evidence.
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The accuser(s) have three days maximum to present enough evidence to convict the accused person(s). If the accuser(s) do not provide evidence in the time allotted, the trial is ended and declared void.
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Once the evidence has been presented, the accused person(s) have three days maximum to provide a defense. If the accused person(s) do not provide a defense in the time allotted, the defense is dismissed.
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Either side may call upon witnesses that have been cleared by the Viceroy, and request for more time, which may be granted by the Viceroy in the form of a numerical amount.
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When the floor is opened for questions Arbiters may act as prosecutors in order to better assess the situation. The parties involved may only comment on questions asked by the Arbiters.
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Trials are to last two weeks or until active arbiters have finished asking relevant questions, in which they must request for more time prior to the two weeks end. The thread is then locked by the Viceroy until a verdict is reached and a motion for debating between Arbiters is enacted.
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To debate on a verdict and sentence, Arbiters will retire to a private subforum. Arbiters are not to speak about the debate elsewhere or rely on outside sources to affect their judgment.
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If either party is found electioneering (attempting to sway the outcome of the trial outside of the trial thread), further consequences will be debated by the Conclave.
Section VII: Verdict and Sentencing
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The Conclave shall have a period of no greater than one week to reach a verdict and an appropriate sentence for the convicted if found guilty simultaneously. This sentencing may include, but is not limited to, forum suspension, removal of governmental positions, regional banning, and forum expulsion.
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Once a verdict is reached, the Viceroy is charged with unlocking the thread, posting the verdict and the sentence, and locking the thread.
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Upon reaching an appropriate sentence, the Viceroy must inform the Delegate of any punishments that relate to the region for him or her to enact. Likewise, for any punishments relating to the forums, the Viceroy must inform the Admin team through the back room of the sentences to be carried out.
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Sentences that require the removal of positions may be brought to the attention of the Magisterium for vote at the digression of the Conclave.
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If new evidence is found after a verdict and sentence has been reached that may have changed the outcome, the trial may be re-opened by the Viceroy and the process will begin again.
Section VIII: Removal of Arbiters / Viziers
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A Vizier may be removed as a condition of their sentencing if he or she is found guilty in a trial.
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A Vizier may be removed by proven abuse of his or her duties as a Vizier of The East Pacific.
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Through inactivity or conviction in Conclave trial or an illegal act or abuse of duty an Arbiter may be referred to Magisterium for removal if 2/3 of the active Arbiters vote to remove him or her from office. For inactivity removal, the Viceroy is charged with starting a topic addressing the issue of the inactive member. The process for removal is to be treated the same way as consideration of legislation: a maximum of one week of debate and one week of voting.
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If a Vizier is voted to be removed, the Viceroy is charged with informing the Admin team of the removal of the Vizier.
Section IX: Extraneous Duties of the Viceroy
In addition to what has been outlined above, the Viceroy is charged with
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Appointing a Viceroy Designee upon being elected in case he or she is absent for an extended period of time greater than one week or during a matter of importance. If the incumbent Viceroy has been absent for a period greater than 28 days, both posts will be relinquished and new Arbiter elections will be held, overseen by the Viceroy Designee.
a. If the Viceroy is urgently needed for a matter of importance, the incumbent Viceroy has 48 hours to respond before the Viceroy Designee claims Viceroy duties until the incumbent Viceroy returns.
b. The incumbent Viceroy may ask the Viceroy Designee to handle the responsibilities of the Viceroy at any time. -
Updating a pinned calendar thread for the purpose of announcing and scheduling events of the Conclave. This thread will contain this document, and will be locked unless updated by the Viceroy.
Section X: Amendments
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Amendments to this document may be proposed at any time by a member of the Conclave.
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Any proposed amendments will be presented to the Conclave body in the form of a post topic. Conclave members will have a period no greater than one week to debate over the necessity of said amendment.
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The Viceroy is charged with opening the voting for an amendment, which is to be the same procedure for voting on a bill for passage into a law. If the vote passes, the Viceroy is charged with adding the amendment to this document.
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All amendments, including this document, must be passed by a 2/3 majority vote.[/quote]
Amendment to the SOC 06/07/2014
This amendment was passed with 3/4 of Arbiters FOR its passing.
This amendment was passed with 2/2 Arbiters for its passing. (2 didn’t vote).
This amendment passed with 3 arbiters in favor and one not present.
This amendment passed with two Arbiters in favor and one not present.
The above amendment was passed on 31 January 2022 by 3 of 3 voting Arbiters.
2.2.3- Informal opinions must be issued by at least one Arbiter, and over half of Conclave must either issue an informal opinion or recuse themselves from answering the Advisory Question.
The above amendment was passed on 9 February 2022 by 3 of 3 voting Arbiters.
“2.1.1- Judicial Review of a Law shall take place following its passing, or its request by the Delegate, a Magisterial Vote, a Vizier Vote, a citizen with a confirmation vote by the Conclave, or a constitutional challenge by a citizen in a civil trial. A Review shall last no more than 7 days but may be extended 3 days at the request of an Arbiter.”
The above amendment was passed on 16 April 2023 unanimously
STANDING ORDERS OF THE CONCLAVE
The Conclave of the East Pacific hereby resolves within this agreement the procedures
and duties of its bench, with the commitments to protect the basic rights and well being of citizens, and mechanisms to justly interpret the laws governing these citizens. This agreement is living, and encourages its updating to ensure the activity, independence, and proper functioning of the Conclave. No portion of this agreement may be taken to establish rights for any party which is not contemplated by the Concordat or Laws of The East Pacific, but instead as privileges within the justice system.SECTION 1: SPECIFICATION OF CONCLAVE DUTIES
1.1. The Conclave of the East Pacific shall:
a. Hold and preside over trials for criminal activity or civil disputes,
1.2. The Viceroy of Conclave shall:b. Interpret laws of passed by the Magisterium and clearly decide on interpretation or voiding of it,
c. Render clear and fair verdicts and sentences in trials,
d. Follow statutory law and precedent as closely as possible in verdicts,
e. Elect from among themselves a Viceroy to administrate Conclave upon election request,
f. Remove a Vizier for inactivity or high crimes by a 2/3 vote,
g. Remain active and punctual in all duties.
a. Lead Conclave and representing it to the other branches of government,
1.3. Arbiters are not to discuss any matter in the Closed Chambers with or have their decisions influenced by outside sources.b. Execute all duties as outlined in this agreement,
c. Appoint a Viceroy Designee which shall assume Viceroy duties when tasked by the Viceroy, assume Viceroy procedural duties in case of the Viceroy’s absence over 2 days, and oversee election of a new Viceroy in case of the Viceroy’s absence over 28 days, resignation, or removal,
d. Oversee the election of the new Viceroy when motioned,
e. Institute administrative rules not covered in this agreement with Arbiter consensus,
f. Refer cases of chronically inactive Arbiters to the Magisterium for removal.
SECTION 2: SPECIFICATION OF CONCLAVE FUNCTIONS
2.1. The following functions shall be executed by Conclave:
a. Judicial Review - official review of legislation referred by the Delegate or Magisterial vote, and the review of constitutional challenges to laws.
b. Advisory Question - legal questions referred by any citizen, with the question seeking answers through unofficial judicial opinions.
c. Trials - instances wherein the Conclave is asked to determine guilt in a specific matter.
2.2. There shall be three kinds of trials:
a. Civil - official challenges to government legislation or action by a citizen OR official challenges to another citizen by a citizen,
b. Criminal - official charges brought against a citizen by The East Pacific,
c. Appeals - official re-trials of a civil or criminal trial.
JUDICIAL REVIEW
2.3. Judicial Review of a Law shall take place following its passing, or its request by a citizen with a confirmation vote by the Conclave, or a constitutional challenge by a citizen in a civil trial.
2.4. Upon receipt of request, the Viceroy shall initiate public and private threads which outline the bill in its entirety, along with the end-date for the deliberation of the law.
a. The public thread shall be available for citizens to refer precedent or applicable laws to the Conclave, but subject to censure at the request of any Arbiter.
2.5. The Review shall rule on the interpretation or constitutional validity of a law, factoring the Concordat, all applicable statutory laws, precedent of the court, and traditional values of The East Pacific for their deliberations.b. The private thread shall contain the deliberations of the Conclave and be used to draft verdicts and debate the law.
2.6. Draft verdicts are prepared by Arbiters, listing reasoning and legal references to be voted upon.
a. For the first vote, a draft verdict may only pass by unanimity.
b. If the vote fails, consequent votes shall be held until a draft verdict receives majority support.
c. The dissenting minority of Arbiters may choose to file a minority report of their verdict to be appended to the majority verdict.
2.7. The majority verdict of a Judicial Review shall take full force of law and shall form precedence for that and similar laws. The verdict may rule on including, but not limited to: constitutionality, applicability, meaning, or validity as a law.
ADVISORY QUESTION
2.8. Any private citizen may choose to submit a legal question to Conclave for an unofficial Advisory Opinion. This must be done in an approved manner, if specified.
2.9. An informal opinion issued by single Arbiters may be posted in reply to this request, but shall not form precedence for any law.
a. While not forming precedence, a prominent informal advisory opinion may be used as a justification for bringing civil suit or filing an appeal.
2.10. Informal opinions must be issued by at least one Arbiter, and over half of Conclave must either issue an informal opinion or recuse themselves from answering the Advisory Question.TRIAL TIMELINE
2.11. A trial shall progress through the following steps in order to follow protocol (elaborated further on):
a. Motion for Suit
2.12. The full Trial period as indicated in Section 2.11.d shall be further split into:b. Scheduling of a Trial
c. Pre-Trial
d. Trial
a. Statement of Presiding Arbiter and parties to suit in Trial
b. Indication of presence of parties in suit
c. Statement of Claim by Plaintiff or Statement of Criminal Charge by Prosecution
d. Statement of Defense
e. Further evidence
f. Deliberation (and Voting)
g. Verdict (and Sentencing)
TRIAL PROCESS
2.13. Motion for Suit - Conclave receives motions for suit either through (a) an application process as published by the Conclave on its respective subforum of The East Pacific or (b) a telegram to an Arbiter from the plaintiff in a civil case stating their motion for suit and the legal basis for the suit.
2.14. Scheduling of a Trial - Once a motion for suit has been made, the Viceroy is shall schedule a pre-trial date and a full trial starting date as soon as possible. The Viceroy shall at this point notify the parties involved via telegram, forum message, or other applicable communications with the dates as well as posting it in the public thread.
2.15. Pre-Trial - A public thread shall be posted in the appropriate area for the pre-trial at least one week before the appointed pre-trial date. Questions and concerns of the pre-trial and trial shall be addressed in this thread throughout the trial.
a. By the appointed pre-trial date, the whole of Conclave will rule on the admissibility of this motion, determined by the merit and need for trial, and appoint the Presiding Arbiter. If the Conclave by unanimous vote rules the motion in admissible, the case is dismissed. This action is not subject to appeal. The ruling of the Conclave of the admissibility of this motion shall be posted in the public thread.
b. The pre-trial shall also determine whether limits shall be placed on time allotted for trial. If no time is specified, then the Presiding Arbiter will decide when to move the trial forwards.
2.16. Trial - The following steps will occur for a trial:
a. To begin the trial, the Presiding Arbiter shall state their name and the names of the parties involved in the suit. Only the parties listed to be involved in the suit may post in the trial.
b. The parties named in the opening statement (and those accepted by the Presiding Arbiter) shall declare their presence in a reasonable time frame set by the Presiding Arbiter.
If a party fails to declare presence in that time frame, the Arbiter shall rule in favour of the present party. If this is the case, the verdict shall not be considered as precedence forming.
c. Plaintiff or Prosecution provides the reason for their claim, and brings forth evidence. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
d. The defense provides the counterargument, introducing evidence for their argument. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
e. Evidence and arguments are made and presented to the Presiding Arbiter until that Arbiter feels the issues have been properly addressed. Motions regarding addition of witnesses or amendments to the trial schedule shall be heard and ruled upon at this time.
f. The Presiding Arbiter shall close the debate, and no further evidence may be presented at this time. The Presiding Arbiter shall review pertinent laws and precedence to render a decision.
g. The decision reached shall be presented at the end of the trial, and shall remain locked from that point. The verdict at this point shall form precedent and constitute a legally binding order.
TRIAL APPEALS
2.17. An accepted appeal of a trial shall be heard by the full Conclave, the Viceroy serving as Presiding Arbiter. The trial shall follow the process as laid out prior in Section 2, with special requirements as laid out for appeals, and as below.
2.18. A request for an appeal must be presented to Conclave in the form of an application by any party in that suit, the Delegate, or any Arbiter.
2.19. Upon receipt of the application, Conclave shall hold a hearing to rule on approval. The Arbiter which presided over the contested case may not vote. Recognized reasons for appeal shall be as follows:
a. This application must outline the presiding arbiter, parties to the suit, the verdict, and the reason(s) for appeal.
a. New substantively compelling evidence,
2.20. During Trial, should the applying party fail to be present, the appeal trial is closed and declared void.b. Breach of protocol,
c. Mistrial (including bias, prejudice, etc.),
d. Delegate request for appeal,
e. Arbiter endorsement of appeal application.
a. Should the non-applying party fail to be present, Conclave shall consider only their arguments made in the first trial.
2.21. The trial shall be locked by majority vote of Conclave or by discretion of Viceroy. Conclave shall then move to deliberation in private chambers, following the process laid out in Section 2.6.
2.22. Upon a decision, The Viceroy shall then present the verdict (and Minority Report, if applicable) and thereby lock the trial.
a. The decision may uphold, reverse, mitigate, or generally change the previous verdict.
SECTION 3: VOTING
3.1. The Viceroy is charged with outlining the purpose, choices, and time-frame of all Conclave votes in accordance with the Concordat and this agreement. All votes shall take place in Closed Chambers.
a. The numerical outcome of a vote may be publicly posted on an appeal verdict or judicial review.
b. A voting period may last no less than 48 hours or more than one week, or until all Arbiters have voted on an issue.
3.3. In the case of a tie, a short grace period for debate is held, and the matter voted upon again. Upon the case of another tie, the Viceroy must change their vote to abstain if they had voted. If the Viceroy did not vote, then they must vote in order to break the tie.
a. This shall not violate any requirements on the number of votes as set out in the Concordat.
3.4. Any Arbiter which does not vote in a matter shall be considered as abstaining and their non-participation shall be noted. Such Arbiters shall be considered ‘inactive’ in that matter.3.5. Any Arbiter who brings a matter before the Conclave with the exception of a Motion to Dismiss or is materially involved in matter to be considered must recuse themselves and may not be considered an active Arbiter in that matter. Once recused, the Arbiter must not participate in any part of the matter.
SECTION 4: AMENDMENTS
4.1. Amendments to the Standing Orders may be proposed at any time by a member of the Conclave.
4.2. Proposed amendments shall be discussed in closed chambers until a motion for a vote.
4.3. The Viceroy is charged with opening a vote for the amendment for the appointed length of time. This vote shall last at least 72 hours.
4.4. A majority is required to pass an amendment to the Standing Orders, which will then be enacted by the Viceroy.
The SoC was entirely reformatted/amended as the above following an unanimous vote on November 9th, 2023.
The SOC Amendment below was passed after an unanimous vote of the Conclave on 1/23/2024.
STANDING ORDERS OF THE CONCLAVE
The Conclave of the East Pacific hereby resolves within this agreement the procedures
and duties of its bench, with the commitments to protect the basic rights and well being of citizens, and mechanisms to justly interpret the laws governing these citizens. This agreement is living, and encourages its updating to ensure the activity, independence, and proper functioning of the Conclave. No portion of this agreement may be taken to establish rights for any party which is not contemplated by the Concordat or Laws of The East Pacific, but instead as privileges within the justice system.
SECTION 1: SPECIFICATION OF CONCLAVE DUTIES
1.1. The Conclave of the East Pacific shall:
a. Hold and preside over trials for criminal activity or civil disputes,
b. Interpret laws of passed by the Magisterium and clearly decide on interpretation or voiding of it,
c. Render clear and fair verdicts and sentences in trials,
d. Follow statutory law and precedent as closely as possible in verdicts,
e. Elect from among themselves a Viceroy to administrate Conclave upon election request,
f. Remove a Vizier for inactivity or high crimes by a 2/3 vote,
g. Remain active and punctual in all duties.
1.2. The Viceroy of Conclave shall:
a. Lead Conclave and representing it to the other branches of government,
b. Execute all duties as outlined in this agreement,
c. Appoint a Viceroy Designee which shall assume Viceroy duties when tasked by the Viceroy, assume Viceroy procedural duties in case of the Viceroy’s absence over 2 days, and oversee election of a new Viceroy in case of the Viceroy’s absence over 28 days, resignation, or removal,
d. Oversee the election of the new Viceroy when motioned,
e. Institute administrative rules not covered in this agreement with Arbiter consensus vote,
f. Refer cases of chronically inactive Arbiters to the Magisterium for removal.
g. Maintain the Conclave’s resources and documents so they are well-kept and accessible.
1.3. Arbiters are not to discuss any matter in the Closed Chambers with or have their decisions influenced by outside sources.
SECTION 2: SPECIFICATION OF CONCLAVE FUNCTIONS
2.1. The following functions shall be executed by Conclave:
a. Judicial Review - official review of legislation or the Concordat referred by the Delegate or Magisterial vote, and the review of constitutional challenges to laws.
b. Advisory Question - legal questions referred by any citizen, with the question seeking answers through unofficial judicial opinions.
c. Trials - instances wherein the Conclave is asked to determine guilt in a specific matter.
2.2. There shall be three kinds of trials:
a. Civil - official challenges to government legislation action or action by a residentcitizen OR official challenges to another citizen by a citizen,
b. Criminal - official charges brought against a citizenresident by The East Pacific,
c. Appeals - official re-trials of a civil or criminal trial.
JUDICIAL REVIEW
2.3. Judicial Review shall take place following a request by a resident with a confirmation vote by the Conclave or at an Arbiter’s request within a week of a change to regional law being passed (with the Arbiter’s request concerning said change).of a Law shall take place following its passing, or its request by a citizen with a confirmation vote by the Conclave, or a constitutional challenge by a citizen in a civil trial.
2.4. Upon receipt of request, the Viceroy shall initiate public and private threads which outline the bill in its entirety, along with the end-date for the deliberation of the law.
a. The public thread shall be available for citizens to refer precedent or applicable laws to the Conclave, but the Viceroy may delete posts that are disruptive and do not contribute to the matter at hand.subject to censure at the request of any Arbiter.
b. The private thread shall contain the deliberations of the Conclave and be used to draft verdicts and debate the law.
c. The Conclave may reverse its decision to hold a Review with a vote at any time during this time period. In such cases, the Conclave shall provide a reasoning as to why in the public thread.
d. The Viceroy shall post updates every week in the public thread on the general on-goings of the Review in Closed Chambers, such as if a draft verdict has been written or other general conduct.
e. If no discussion occurs within Closed Chambers on a Review for more than 60 days, the Review shall automatically be closed and stated as such in the public thread.
2.5. The Review shall rule on the interpretation or constitutional validity of a law (or interpretation of the Concordat itself), factoring the Concordat, all applicable statutory laws, precedent of the court, and traditional values of The East Pacific for their deliberations.
2.6. Draft verdicts are prepared by Arbiters, listing reasoning and legal references to be voted upon.
a. For the first vote, a draft verdict may only pass by unanimity.
b. If the vote fails, consequent votes shall be held until a draft verdict receives majority support.
c. The dissenting minority of Arbiters may choose to file a minority report of their verdict to be appended to the majority verdict.
2.7. The majority verdict of a Judicial Review shall take full force of law and shall form precedence for that and similar laws. The verdict may rule on including, but not limited to: constitutionality, applicability, meaning, or validity of a law or applicability or meaning of the Concordatas a law. Laws that violate the Concordat shall be repealed in full.
ADVISORY QUESTION
2.8. Any private citizen may choose to submit a legal question to Conclave for an unofficial Advisory OpinionAny private resident may submit an Advisory Question to the Conclave to obtain an unofficial advisory opinion from Arbiters. This must be done in an approved manner, if specified.
2.9. An informal opinion issued by single Arbiters may be posted in reply to this request, but shall not form precedence for any law.
a. While not forming precedence, a prominent informal advisory opinion may be used as a justification for bringing civil suit or filing an appeal.
2.10. Informal opinions must be issued by at least one Arbiter, and over half of Conclave must either issue an informal opinion or recuse themselves from answering the Advisory Question.
TRIAL TIMELINE
2.11. A trial shall progress through the following steps in order to follow protocol (elaborated further on):
a. Motion for Suit
b. Scheduling of a Trial
c. Pre-Trial
d. Trial
2.12. The full Trial period as indicated in Section 2.11.d shall be further split into:
a. Statement of Presiding Arbiter and parties to suit in Trial
b. Indication of presence of parties in suit
c. Statement of Claim by Plaintiff or Statement of Criminal Charge by Prosecution
d. Statement of Defense
e. Further evidence
f. Deliberation (and Voting)
g. Verdict (and Sentencing)
TRIAL PROCESS
2.13. Motion for Suit - Conclave receives motions for suit either through (a) an application process as published by the Conclave on its respective subforum of The East Pacific or (b) a telegram to an Arbiter from the plaintiff in a civil case stating their motion for suit and the legal basis for the suit.
2.14. Scheduling of a Trial - Once a motion for suit has been made, the Viceroy is shall schedule a pre-trial date and a full trial starting date as soon as possible. The Viceroy shall at this point notify the parties involved via telegram, forum message, or other applicable communications with the dates as well as posting it in the public thread. Parties may request the Conclave to change the scheduling dates at any point during the trial.
2.15. Pre-Trial - A public thread shall be posted in the appropriate area for the pre-trial at least one week before the appointed pre-trial date. Questions and concerns of the pre-trial and trial shall be addressed in this thread throughout the trial. The Viceroy shall post the schedule dates in this thread.
a. By the appointed pre-trial date, the whole of Conclave will rule on the admissibility of this motion, determined by the merit and need for trial; the Viceroy shall also appoint the Presiding Arbiter by this date., and appoint the Presiding Arbiter. If the Conclave by unanimous vote rules the motion in admissible, the case is dismissed. This action is not subject to appeal. The ruling of the Conclave of the admissibility of this motion shall be posted in the public thread.
b. The pre-trial shall also determine whether limits shall be placed on time allotted for trial. If no time is specified, then the Presiding Arbiter will decide when to move the trial forwards.
c. Once the trial begins, the Presiding Arbiter shall handle matters of scheduling.
2.16. Trial - The following steps will occur for a trial:
a. To begin the trial, the Presiding Arbiter shall state their name and the names of the parties involved in the suit. Only the parties listed to be involved in the suit may post in the trial.
b. The parties named in the opening statement (and those accepted by the Presiding Arbiter) shall declare their presence in a reasonable time frame (which cannot exceed four days) set by the Presiding Arbiter.
If a party fails to declare presence in that time frame, the Arbiter shall rule in favour of the present party. If this is the case, the verdict shall not be considered as precedence forming.
c. Plaintiff or Prosecution provides the reason for their claim, and brings forth evidence. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
d. The defense provides the counterargument, introducing evidence for their argument. Must be executed in the time allotted by the pre-trial. The Presiding Arbiter shall rule on the admissibility of evidence if it is objected to by an opposing party.
e. Evidence and arguments are made and presented to the Presiding Arbiter until that Arbiter feels the issues have been properly addressed. Motions regarding addition of witnesses or amendments to the trial schedule shall be heard and ruled upon at this time.
f. The Presiding Arbiter shall close the debate, and no further evidence may be presented at this time. The Presiding Arbiter shall review pertinent laws and precedence to render a decision.
g. The decision reached shall be presented at the end of the trial, and shall remain locked from that point. The verdict at this point shall form precedent and constitute a legally binding order for the relevant officials to enforce its provisions.
TRIAL APPEALS
2.17. An accepted appeal of a trial shall be heard by the full Conclave, the Viceroy serving as Presiding Arbiter. The trial shall follow the process as laid out prior in Section 2, with special requirements as laid out for appeals, and as below.
2.18. A request for an appeal must be presented to the Conclave in the form of an application by any party in that suit, the Delegate, or any Arbiter.
a. This application must outline the presiding arbiterPresiding Arbiter, parties to the suit, the verdict, and the reason(s) for appeal.
2.19. Upon receipt of the application, the Conclave shall hold a hearing to rule on approval. The Arbiter which presided over the contested case may not vote. Recognized reasons for appeal shall be as follows:
a. New substantively compelling evidence,
b. Breach of protocol,
c. Mistrial (including bias, prejudice, etc.),
d. Delegate request for appeal,
e. Arbiter endorsement of appeal application.
2.20. During Trial, should the applying party fail to be present, the appeal trial is closed and declared void.
a. Should the non-applying party fail to be present, Conclave shall consider only their arguments made in the first trial.
2.21. The trial shall be locked by majority vote of the Conclave or by discretion of Viceroy. Conclave shall then move to deliberation in private chambers, following the process laid out in Section 2.6.
2.22. Upon a decision, The Viceroy shall then present the verdict (and Minority Report, if applicable) and thereby lock the trial.
a. The decision may uphold, reverse, mitigate, or generally change the previous verdict.
2.23. The Arbiter who was Presiding Arbiter in the original trial shall recuse from all matters involving this trial and may not participate in voting or discussions for this trial.
ADMINISTRATIVE RULES
2.24. Administrative Rules shall be binding procedural rulesets that specify on Conclave procedures beyond these Standing Orders.
2.25. Administrative Rules shall be enacted, amended, or repealed by a binding Conclave vote. Only Arbiters may propose the enactment, amendment, or repeal of an Administrative Rule.
2.26. A violation of Administrative Rules may be cause for a breach of protocol appeal in matters concerning a trial.
2.27. In cases in which the Standing Orders of the Conclave and its Administrative Rules conflict, the Standing Orders shall take effect. The Viceroy shall make the official determination when such a conflict exists, and should take steps to fix the Rule in question as soon as possible.
SECTION 3: VOTING
3.1. The Viceroy is charged with outlining the purpose, choices, and time-frame of all Conclave votes in accordance with the Concordat and this agreement. All votes shall take place in Closed Chambers.
a. The numerical outcome of a vote may be publicly posted on an appeal verdict or judicial review.
b. A voting period may last no less than 48 hours or more than one week, or until all Arbiters have voted on an issue.
c. Only 3 Arbiters may vote in favor or against a binding decision of the Conclave (i.e. passing a Judicial Review verdict). If 4 Arbiters vote without abstaining, the Viceroy shall change their vote to abstain.
d. At least 2 Arbiters must vote in favor for an item to pass. If less than 2 do so, the item at vote fails.
3.3.3.2. In the case of a tie, a short grace period for debate is held, and the matter voted upon again. Upon the case of another tie, the Viceroy must change their vote to abstain if they had voted. If the Viceroy did not vote, then they must vote in order to break the tie.
a. This shall not violate any requirements on the number of votes as set out in the Concordat.
3.4.3.3. Any Arbiter which does not vote in a matter shall be considered as abstaining and their non-participation shall be noted. Such Arbiters shall be considered ‘inactive’ in that matter.
3.5.3.4. Any Arbiter who brings a matter before the Conclave (with the exception of a Judicial Review request regarding a recent law change) a Motion to Dismiss or is materially involved in a matter to be considered must recuse themselves and may not be considered an active Arbiter in that matter. Once recused, the Arbiter must not participate in any part of the matter.
SECTION 4: AMENDMENTS
4.1. Amendments to the Standing Orders may be proposed at any time by a member of the Conclave.an Arbiter.
4.2. Proposed amendments shall be discussed in closed chambersClosed Chambers until a motion for a vote.
4.3. The Viceroy is charged with opening a vote for the amendment for the appointed length of time. This vote shall last at least 72 hours. Amendments to these Orders are considered procedural motions and thus all four Arbiters may vote.
4.4. A majority is required to pass an amendment to the Standing Orders, which will then be enacted by the Viceroy.
4.5. In cases in which a Judicial Review verdict, Administrative Rule, or the Standing Orders of the Conclave have a formatting or redaction error, the Viceroy may make a discretionary edit to the said item solely to correct said error. The Viceroy shall make a public notice whenever such an edit is made, detailing what the edit was and why it was made.