3: Judiciary and Judicial Procedure

Article I. Every county of the Republic shall maintain a court to try criminal cases, each with its own magistrate or judge who may if necessary be assisted by subordinate magistrates or judges appointed by law and the rules of judicial procedure. Civil law and litigation as known under the United States is abolished.

Article II. The purpose of the courts and judiciary shall be solely to serve as bodies for the determination of fact in criminal cases or non-criminal matters such as property ownership, inheritance, etc. The courts and judiciary shall have no governmental or policy-making role whatsoever within the State; these powers are reserved to the legislative and executive branches.

Article III. All magistrates shall be appointed by a special Judicial Committee of the National Convention, on nomination of any deputy or by the State President. The said Judicial Committee shall draw up and enforce rules of procedure for all courts and magistrates.

Article IV. In no courtroom or tribunal, civilian or military, shall any magistrate, judge, presiding officer, or jury be seated at any elevation higher than or above any defendant or other person in said courtroom or chamber.

Article V. All judicial appointments shall be subject to confirmation by the State President in his capacity as Chief Magistrate.

Article VI. No citizen or resident of the Republic shall be charged, arrested, brought to trial, fined or amerced, or subjected to loss of life, property or citizenship or otherwise punished, except upon indictment and return of a true bill by a grand jury comprised of citizens of the county wherein an alleged offense was committed, and except upon subsequent conviction by a jury of citizens.

  1. Bills of indictment may be presented to the grand jury for consideration by the State Prosecutor for the county, by any citizen, or by any citizen acting for any resident of the Republic, so long as such citizen receives no pay or emolument for such action.
  2. No citizen or resident of the Republic may be placed under lawful arrest except on foot of a warrant issued and signed by a magistrate, or except by officers or agents of the Civil Guard or Bureau of State Security acting in their official capacity, in order to prevent immediate disorder or criminal behavior. All persons arrested in ordinary criminal matters not subject to the jurisdiction of the Bureau of State Security shall be brought before a magistrate within forty-eight (48) hours of arrest for a habeas corpus determination, and shall either be discharged, or allowed release on bail. Arrested persons shall be held in custody for presentment to the grand jury only if said person is believed to be a flight risk, to present a danger to the community, or to be in danger from the community.
  3. No judge or magistrate shall impose any bond for appearance or good behavior which is demonstrably outside the available resources of any defendant or accused person.
  4. No judge or magistrate may order any arrest or detention in the absence of a formal criminal charge based upon a true bill or indictment by a grand jury, except on conclusion of a habeas corpus hearing and pending presentment to a grand jury within the next thirty (30) days.
  5. No officer or other rank serving in the military shall exercise powers of lawful arrest or detention, except during a state of martial law proclaimed by the State President in his capacity as commander in chief, or except on the premises or property of any military base or installation.

Article VII. The Bureau of State Security shall be governed in its operations and conduct by a special protocol to be determined by the State President and a standing Security Committee of the National Convention. Said protocol may, at the discretion of the State President and the said committee, exempt officers and agents of the Bureau of State Security, acting in good faith and on foot of national necessity and the national interest, from compliance with any and all laws or constitutional safeguards, until such time shall come when the existence and the independence of the Northwest American Republic shall be deemed to be no longer at risk.

Article VIII. No resident, citizen, or other person charged with a criminal offense before the courts of the Republic shall be denied the right to counsel and advocate of his choice, provided such counsel or advocate shall accept no fee, reward, emolument in money or kind, property or thing of value, officially or unofficially, for the performance of such function, and shall affirm such on oath before the commencement of trial or other proceeding.

Article IX. In order to instill and maintain the highest standards of personal courtesy, deliberation, maturity, integrity and courage in the manhood of the Republic, the State President in his capacity as chief magistrate shall establish and supervise a National Honor Court. The said body shall in turn create and enforce all necessary regulations, procedures, and protocols for the resolution of personal differences between individual male residents and citizens of the Republic, up to and including private combat by mutual consent, in accordance with the ancient and historic traditions and practices of the European family of nations.

  1. No act or result of personal combat by mutual consent of both parties, having received prior sanction by the National Honor Court, shall be deemed criminal or liable to legal proceeding or interdiction.
  2. Serving members of the military and Civil Guard may be regulated or prohibited from issuing or accepting a challenge, dueling, or participating in a legal duel in any other capacity by the appropriate regulations of their service or by order from a superior officer.
  3. All statements, actions, or proceedings by deputies of the National Convention in connection with their official duties shall be deemed subject to full parliamentary immunity and shall not be subject to challenge or the jurisdiction of the National Honor Court.
  4. No serving member of the military, the Civil Guard, the Bureau of State Security, or any person acting in any governmental capacity whatsoever may be subject to a challenge on foot of their performance of any lawful or legally mandated exercise of their official duties.
Section Four – Bill of Rights