Bill: Rejected FREACC Revision Amendment

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A
BILL
To

Amend the Constitution

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:​

1 - Short Title and Enactment
(1) This Act may be cited as the “FREACC Revision Amendment"
(2) This Act shall be enacted immediately upon its signage.
(3) This Bill was penned by former representative Westray

2 - Purpose
(1) This amendment simplifies and removes some of the over-restricting clauses of the FREACC Act’s Code of Conduct.
(2) Additionally, this amendment clarifies existing terms, and simplifies such as well.

3 - Removed Amendments
(1) Removes the entirety of the previous FREACC Act, noting:
“Judicial Independence
(1) A Judge should ensure that the high standards of the Judiciary are upheld through their actions and should maintain these standards throughout their duties.
(2) A Judge should avoid impropriety and the appearance of impropriety in all activities.
(3) A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
(4) A Judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.
(5) A judge should neither lend the prestige of the judicial office to advance the private interests of the Judge or others nor convey or permit others to convey the impression that they are in a special position to influence the Judge.
(6) A Judge should not testify voluntarily as a character witness.

Judicial Responsibilities
(1) A Judge should perform the duties of the office fairly, impartially, and diligently
(2) A Judge should remain professional and competent in relation to faithfulness within the law and should not be discouraged by the interests of others, public opinions, or fear of criticism.
(3) A Judge should be patient, dignified, respectful, and courteous to all court personnel with whom the judge interacts within an official capacity.
(4) A Judge should not make public comments on ongoing or impending litigation. This does not apply to public statements made by a judge in an official capacity in the course of discharging their official duties, explanations of court procedures, and objective presentations for the purpose of legal education.

Disqualification
(1) A Judge should disqualify themselves from a case in which the Judge’s impartiality might reasonably be in question, including the following instances:
(a) The Judge has a personal bias or prejudice concerning a party,
(b) The Judge has a financial interest in the subject matter.
(c) The Judge has a close relationship with an individual that is concerned within the case.

Extrajudicial Activities
(1) A Judge may only engage in extrajudicial activities that are consistent with the obligations of judicial office.
(2) A Judge should not act with judicial authority unless the judge’s official duties are apparent and authorize such action.
(3) A Judge should not practice law and should not serve as a lawyer unless it is on behalf of themselves.

Financial Activities
(1) A Judge may hold and manage investments, including real estate, and engage in other financially rewarding activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships through private enterprise with lawyers or other persons likely to come before the court on which the judge serves.
(2) A Judge may serve as a director, active partner, manager, advisor, or employee of business as long as the judge holds themselves within a professional manner that upholds the integrity of the judiciary.
(3) A Judge should not disclose or use nonpublic information acquired in a judicial capacity for any purpose unrelated to the Judge’s official duties.

Political Activities
(1) While judges may endorse candidates for office in a personal capacity, they may not join any campaign in an official capacity nor excessively engage in political activity.
(2) A Judge should not solicit funds or make a contribution to a political organization or candidate.
(3) Judges may not use their office to the benefit of any political movement or campaign, including their own political enterprises.
(4) Judges should refrain from giving their opinion on a contentious political matter.
(5) Judges may not seek political office.”

4 - Added Amendments
(1) Hereby adds under the “Judges” section:
“The following Code of Conduct establishes the ethical conduct that should be applied by judges whilst fulfilling their duties within the Judicial Branch of the Commonwealth of Redmont. The performance of judges should be held to a high standard within their official duties and within a judge’s personal activities outside court. Failure to follow the guidance outlined within the following Code of Conduct may result in disciplinary action if appropriate.

Whether disciplinary action is appropriate, and the degree of discipline, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system.

Section I - Judicial Independence
(1) Judges should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
(2) Judges should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.
(3) Judges should neither lend the prestige of the judicial office to advance the private interests of the Judge or others nor convey or permit others to convey the impression that they are in a special position to influence the Judge.
(4) Judges should not practice law and should not serve as a lawyer unless it is on behalf of themselves.

Section II - Judicial Responsibilities
(1) Judges should perform the duties of the office fairly, impartially, and diligently
(2) Judges should be patient, dignified, respectful, and courteous to all court personnel with whom the judge interacts within an official capacity.
(3) Judges should not make public comments on ongoing or impending litigation. This does not apply to public statements made by a judge in an official capacity in the course of discharging their official duties, explanations of court procedures, and objective presentations for the purpose of legal education.

Section III - Disqualification
(1) A Judge should disqualify themselves from a case in which the Judge’s impartiality might reasonably be in question, including the following instances:
(a) The Judge has a personal bias or prejudice concerning a party,
(b) The Judge has a financial interest in the subject matter.
(c) The Judge has a close relationship with an individual that is concerned within the case.

Section IV - Financial Activities
(1) Judges may hold and manage investments, including real estate, and engage in other financially rewarding activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships through private enterprise with lawyers or other persons likely to come before the court on which the judge serves.
(2) Judges may serve as a director, active partner, manager, advisor, or employee of business as long as the judge holds themselves within a professional manner that upholds the integrity of the judiciary.
(3) Judges should not disclose or use nonpublic information acquired in a judicial capacity for any purpose unrelated to the Judge’s official duties.

Section V - Political Activities
(1) While judges may endorse candidates for office in a personal capacity, they may not join any campaign, advertise a campaign, or advocate for a specific political matter.
(2) A Judge should not solicit funds or make a contribution towards a political organization or candidate.
(3) Judges may not use their office to the benefit of any political movement or campaign, including their own political enterprises.
(4) Judges may not seek political office.”