Judiciary of Latium

In Latium, judges are considered civil servants exercising judicial power on behalf the Emperor, and, accordingly, only Latin citizens are eligible for judgeship. By the Judicial Reform Act, Latium's independent judiciary enjoys special statutory protection from the Emperor and the Senate. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the judicial, administrative, or appellate court. Judicial appointments are typically made by the Emperor. At lower courts, judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Imperial Judicial Board. Appellate courts and above, judges serve at the pleasure of the Emperor.

The Legal Bureau handles the administration of the ordinary courts and its judiciary, including paying salaries or constructing new courthouses. The Bureau also funds and administers the prison system. Lastly, it receives and processes applications for Imperial pardons and proposes legislation dealing with matters of civil or criminal justice.

At the basic level, the courts can be seen as organized into:

• ordinary courts (ordinarius juris), which handle criminal and civil litigation
• administrative courts (juris amministrativius), which supervise the government and handle complaints
• extraordinary courts (extraordinarius juris), which handle matters relating to probate, patent or trademark, and the regulation of peerages, titles, and arms

The structure of the Latin judiciary is divided into three tiers:

• Inferior courts of original and general jurisdiction
• Intermediate appellate courts which hear cases on appeal from lower courts
• Courts of last resort which hear appeals from lower appellate courts on the interpretation of law.

List of tribunals

Judicate

Main article: Imperial Judicate

File:Coat of Arms of the Supreme Court of Latium.png

Coat of Arms of the Supreme Court of Latium.

The Imperial Judicate is the sole court of last resort in Latium. The Judicate developed out of the Quaestor of the Palace role at court. It holds discretionary appellate jurisdiction over all matters originating out of lower courts (i.e. ordinary or administrative), and original jurisdiction over extraordinary matters, including probate, patent or trademark, regulation of nobility, titles and arms, and high crimes.

There is no fixed number on membership within the Judicate, and often times jurists are appointed from lower courts to serve as a judge for a specific division. There are three divisions within the Judicate: ordinary (criminal, civil or public), extraordinary (probate, patent or trademark, and regulation of nobility, titles and arms, and high crimes), and administrative. Though a separate division of the court, the high crimes division is an ad hoc bench when crimes of treason, terrorism, espionage, sedition, and piracy are brought before the Judicate. At times even the Emperor may sit on the bench for crimes before the treason division. Individuals are appointed to the Judicate by the Emperor, and serve at his pleasure.

Ordinary

Court of Assidere

Courts of Assidere (Latin: Curia Assidere) sit in each judicial district of Latium with original jurisdiction and general jurisdiction over serious felonies, such as: murder, mass murder, aggravated cases of rape, child rape, child sexual abuse, aircraft hijacking, and drug trafficking and drug dealing. It is traditionally composed of a panel of three judges, and in the instance a jury trial is provided, 9 jurors. It also serves as a court of appeal for matters arising out of inferior courts.

Courts of Assidere are the first courts of review in civil and criminal actions. These courts have a limited scope of review, and are often restricted to hearing matters first brought up before the Inferior Court, rather than hearing direct evidence and determining the case on the facts. Because of this, an appellate court will not consider an argument that is raised for the first time on appeal (unless there was a change in law). Appellate judges are referred to as Magistrate of Appeal, and are appointed by the Emperor to serve at his pleasure. While parties may have the ability to appeal once as a matter of law, not all appeals reach the Assidere appellate jurisdiction if initiated at a province-level court.

Inferior courts

Inferior courts are divided into four forms: Civil Tribunals and Provincial civil courts; Diocese Criminal Tribunals and Provincial criminal courts.

• Civil Tribunals are courts of original jurisdiction for civil matters; require representation by barristers; are presided over by anywhere from one to three judges depending on importance of the case. Civil tribunals serve as first level appellate court for local courts.
• Provincial civil courts are courts of original jurisdiction for less significant civil matters, usually that do not exceed $20,500.
• Criminal Tribunals are courts that hear more serious criminal cases (usually felonies), and also serve as the first level of appellate court for Provincial criminal court.
• Provincial criminal court serves as a criminal court for minor crimes, typically below the level of a felony.

Administrative

Matters relating to administrative issues are first heard before a panel of at least three administrative law judge in an administrative hearing at the cabinet-agency level. All matters of administrative law must originate from these courts, and can be appealed. The Judicate serves as the court of last resort for all administrative hearings, and as a matter of policy affords a high level of deference to lower court rulings unless a determination of arbitrariness can be found.

Extraordinary

The Judicate may delegate matters of original jurisdiction to newly created courts, and since 1950 has done so with matters of probate, and patent or trademark. In practice, however, it rarely hears cases on appeal and delineates much appellate authority to the relevant appellate courts. It also acts as the court of original jurisdiction for all matters related to the regulation of peerages, titles, and arms, which is its primary purpose in the modern Latin judiciary.

Probate courts

Probate courts are located in each county of Latium – except for Castellum, which features multiple. There exists one national probate appellate court. These courts were created by Imperial decree and operate under rules governed by the Imperial Judicial Board.

Patent and trademark courts

Patent and trademark courts are located in each province of Latium – except for Castellum, which features multiple. There exists one national patent and trademark appellate court. These courts were created by Imperial decree and operate under rules governed by the Imperial Judicial Board.

High crimes

The High Crimes division of the Judicate is the least active court in Latium, and meets ad hoc. There are no permanent members of the division. This division of the Judicate hears all matters relating to espionage, treason, terrorism, sedition, and piracy.

See also

• Constitution of Latium