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An amendment to the Rules of Civil Procedure to comply with the Civil Rights and Public Integrity Act

By the authority vested in this Supreme Court by Article III, Section II, Clause VI of the Constitution of the State of Firestone, this Court does hereby submit to Congress a joint resolution for a proposed amendment to the current rules of procedure to be enacted upon approval by the legislature. Justices DannyboyJurist, ElloNT, and cityuser voted in favor of this amendment. Justice Wolf_RBX took no part in the decision.

Section I: Amendment

  1. Rule 10 of Civil Procedure shall be established and shall be named "Consent Directives".

  2. Rule 10 of Civil Procedure shall state the following:

    (A) The Department of Justice may file a Dandude's filing in the manner described in Rule 1 of Civil Procedure.
    (B) The court shall obtain a pleading or pleadings from the defendant in the manner described in Rule 2 of Civil Procedure.
    (C) Either party may move in the manners recognised by Rule 6 of Civil Procedure to the extent they are applicable during the adjudication of a Dandude's filing, except the hearings described in this rule may not be skipped.
    (D) After receiving the pleading or pleadings, the court shall hold a conference consisting of:
      1. Confirming counsel for the parties and having them and the parties sworn to honesty;
      2. Discovery, in accordance with the Rules of Evidence;
      3. Any relevant motions.
    (E) After the conference concludes, the court shall hold a hearing to determine whether the pattern or practice of misconduct alleged by the Department of Justice exists. This hearing must be held even if the defendant makes a general admission in their pleadings. This hearing must include the following, but may otherwise be conducted as the Presiding Officer prescribes:
      1. Swearing in the parties and their counsel, unless already done;
      2. The Department of Justice shall present evidence and hear witnesses;
      3. The defendant may present evidence and hear witnesses;
      4. The Department of Justice may deliver their arguments;
      5. The defendant may deliver their arguments.
    (F) If the court finds that the Department of Justice has proven that the patterns or practices of misconduct alleged exist by a preponderance of the evidence, the court shall hold a hearing to determine corrective action. This hearing must include the following, but may otherwise be conducted as the Presiding Officer prescribes:
      1. Swearing in the parties and their counsel, unless already done;
      2. The Department of Justice shall be directed to create a plan of action to correct the patterns and practices of misconduct found to exist;
      3. The Department of Justice shall present this plan to the court;
      4. The defendant may give their views on the plan and suggest amendments;
      5. The court may give their views on the plan and approve it or require amendments to it.
    (G) Once a plan is approved by the Presiding Officer, the court shall issue a consent directive consistent with this plan.
      1. The consent directive shall be addressed to the head of the defendant agency or entity.
      2. The consent directive shall include a time limit to implement the changes described, which shall be no less than two (2) weeks.
      3. The consent directive shall include a timeline for when evaluation is performed.
      4. The court may issue court orders as necessary to affect compliance with the consent directive and its timeline.
    (H) After the changes described in the consent directive are implemented, the Department of Justice shall investigate and report to the court whether the patterns and practices of misconduct previously found to exist still do. The defendant may address the findings of the Department of Justice.
    (I) If the court is satisfied that the patterns and practices of misconduct have been corrected, the consent directive is complete. If not, the consent directive has failed and the court shall hold a new hearing pursuant to Rule 10(F) and may issue a new consent directive pursuant to Rule 10(G).

Section II: Enactment

  1. This resolution shall take effect immediately upon passage through the special legislative procedures detailed by the Constitution.
  2. The State courts shall be responsible for enforcement of this resolution.