Amendment 2: The High Court Reform
ACTION by the General Assembly on ## MONTH ###. ## AYE, ## NAY, ## ABSTAIN.
A Constitutional Amendment to ensure the independence of the High Court. Introduces checks and balances to take away power from the Chief Justice of the Court and putting it in the hands of the Executive and Legislative Branch.
We hereby repeal the current language in Articles, 3.2, 3.3, 3.4, and 3.5 of the Constitution and replace it with the following language.
3.2. The High Court will have seven members at minimum all appointed by the President and confirmed by the General Assembly by a majority vote. Any justice can be dismissed by a retirement or a 2/3rds majority of the General Assembly. The General Assembly can expand the court above seven members by a 2/3rds majority vote.
3.3. No justice is allowed to be a member of any political party or any member of the Executive or Legislative Branch.
3.4. All justices of the High Court must vote by a majority to appoint the Chief Justice who will lead the court. To hear a case, 3 members must vote to hear a case. The Chief Justice may provide legal advice to both the Legislative and Executive Branch in case of a dispute but may be overturned by a majority from the Associate Justices.
3.5. Cases of law shall by default be heard by the High Court.
We also hereby add the following language.
2.1. The General Assembly may vote by a 3/5th majority to impeach any officer in the Executive or Judicial Branch. If a member in the Executive is impeached, all trials must be held in the High Court where the General Assembly must appoint impeachment managers to prosecute the case and the defendant may hire lawyers. The High Court to convict with a unanimous vote. If it is not, the defendant is acquitted. If the defendant is convicted, the General Assembly may chose to remove the official from office and ban them from any Executive or Judicial Office by a majority vote.
2.2. If a Judicial Officer is impeached, a 7 member commission must be created with 3 random members from the General Assembly and 4 members appointed by the President. The President will oversee the trial and act as the judge. The General Assembly must appoint impeachment managers to prosecute the case and the defendant may hire lawyers. The Commission convicts with a unanimous vote.If the defendant is convicted, the General Assembly may choose to remove the official from office and ban them from any Executive or Judicial Office by a majority vote.
Tabled by Joe Fala, DPPK