Judiciary of Latium

In Latium, judges are considered civil servants exercising judicial power on behalf the sovereign and the powers of the state, 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 audit court. Judicial appointments are typically made by the Emperor and require a 2/3 confirmation vote by the Senate. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Imperial Judicial Board.

The Ministry of Justice handles the administration of the ordinary courts and its judiciary, including paying salaries or constructing new courthouses. The Ministry 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. Unlike other national systems, the Secretary of State for Justice does not serve as Attorney General.

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

Ordinary

Supreme Court

Main article: Supreme Court of Latium

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

Coat of Arms of the Supreme Court of Latium.

The Supreme Court of Latium is the most senior court of last resort, created in 1999 by the Judicial Reform Act of 1999. Lord Justices are appointed by the Emperor, upon Senate confirmation, and serve for life. The Court currently holds limited jurisdiction over Imperial Edicts, decrees, or Executive Orders, including most Acts of the Senate, as Latium functions with an unwritten constitution. This limited jurisdiction on Acts of the Senate means that the Court may not overturn primary legislation, but may overturn legislation that is deemed beyond the Senate's functions or ability to pass. On occasion the Court may be asked to determine if a specific power falls to the executive or the legislature, though this is rare. The Supreme Court also holds the ability to determine which court holds jurisdiction to resolve matters if a dispute arises.

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. It is traditionally composed of a panel of three judges, and in the instance a jury trial is provided, 9 jurors. When hearing crimes related to treason, terrorism or other state crimes, there is no right to a jury trial and the panel will often sit alone. It also serves as a court of appeal.

Appellate Courts 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 Lord or Lady of Appeal, and are appointed by the Monarch to serve a life term. 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 county-level court.

Inferior courts

Inferior courts are divided into four forms: Civil Tribunals and County civil courts; Criminal Tribunals and County 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. Serve as first level appellate court for county civil court.
• County 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 County criminal court.
• County 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 Imperial Judicial Board 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. The Judicial Board determines which cases it reviews, and typically does not review more than five cases annually.

Extraordinary

Judicial Board

The Imperial Judicial Board is a committee of the Advisors to the Emperor that holds many functions, and in the case of extraordinary courts operates as the court of last resort for matters originating in probate courts, patent and trademark courts. 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 county 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.

See also

• Constitution of Latium