Article III - Judicial Operations

Section I - The Judiciary

I. The judicial power of the state shall be vested in the Supreme Court of Firestone and its inferior courts as defined by this article. The judicial power shall extend to cases involving parties subject to the jurisdiction of the state, in law and equity - arising within the jurisdiction of the State under the Constitution, the laws of the state, the laws of the inferior local governments, and treaties to which the state is a party to.

II. All judges and justices serving therein shall serve indefinitely during good behavior upon appointment by the Governor and confirmation by the Senate. Judges and justices may be impeached pursuant to the guidelines within this Constitution.

III. Only bar certified attorneys can be appointed and confirmed to judicial office.

IV. Except in ex parte matters before the District Court and State-initiated proceedings, a party bringing forth a suit must have sustained (or will sustain) an injury-in-fact and prove its causation to make said suit justiciable.

Section II - The Supreme Court

I. The Supreme Court of Firestone shall be the highest court in the land and guardian of the Constitution. It shall maintain original jurisdiction in matters involving the constitutionality of states of emergency, executive orders, and statutes; as well as matters involving extraordinary writs described in this section, excluding writs of certiorari which fall under appellate jurisdiction. It shall maintain appellate jurisdiction in all other matters.

II. The Supreme Court of Firestone shall be composed of a Chief Court Justice and a maximum of four Associate Justices.

III. The Supreme Court of Firestone exclusively maintains the power of judicial nullification in any and all matters that may require it, no specific petition shall be required to exercise this authority.

IV. All cases before the Supreme Court of Firestone must originate from an outside party.

V. The Supreme Court of Firestone shall have the authority to issue writs of certiorari, writs of mandamus, and writs of habeas corpus. Petitions for a matter invoking the Court’s original jurisdiction shall be done through a motion for leave of appellate jurisdiction with an attached declaration of reasoning.

VI. The Supreme Court of Firestone shall maintain the power to create rules of procedure for all matters before the State Courts. These rules, and any changes to them, must be approved by a majority vote of both houses of Congress. Any statutorily imposed procedures prior to the passage of this Article shall automatically carry over as the first rules of procedure.

VII. In instances in which the District Court has half or less of the maximum number of judges seated, the Chief Justice and any Associate Justices may ride the District Court as trial judges, though they shall be required to recuse themselves in appeals of cases they try. A justice may continue to preside over a District case taken during a period in which half or less of the District Court seats were filled even if new judges are appointed to push past that limit.

VIII. All actions of the Supreme Court of Firestone shall require a majority vote of its members excluding recused members.

Section III - The District Court

I. The District Court of the State of Firestone shall be the State’s primary trial court, holding original jurisdiction in all criminal and civil matters. Any judge or justice holds original jurisdictions in expungement proceedings.

II. The District Court of Firestone shall be composed of no more than eight judges.

III. The District Court of Firestone shall also maintain the power to issue writs of habeas corpus, and shall be the first resort to do so unless a judge is unavailable.

Section IV - Warrants

I. Any judge or justice shall maintain the authority to issue warrants for arrest or seizure. No warrant shall be issued but upon the specific burden of proof thereof, supported by oath or affirmation. All evidence, witnesses, or facts used to ascertain the issuance of a warrant must be listed within, and all warrants shall be public information. No warrant shall be active for more than sixty calendar days. Upon expiration, the warrant cannot be issued again.

II. Any and all law enforcement officers shall be compelled to enforce any and all warrants pursuant to the provisions therein unless halted by the issuing judicial officer or an injunction from an appellate court pursuant to this article.

III. A warrant for the arrest of an individual shall be issued only upon proof beyond a reasonable doubt that the individual named on said warrant has committed a criminal offense (or offenses) that prescribes incarceration as a penalty. An arrest warrant shall be single use, and cannot be issued twice for the same criminal incident regardless of the specific offenses listed or omitted from listing. No arrest warrant shall exceed one hour in prison as a penalty.

IV. A warrant for search and seizure shall only be issued upon probable cause that not only a crime has been committed, but that evidence, contraband, or proceeds of that crime are located within, on, or otherwise tangibly linked to the person or property to be searched. A search warrant shall detail the particular place(s) or person to be searched, and the particular thing(s) to be searched for. A search warrant is single use, but is only completed upon the fulfillment of all conditions listed therein.

V. Evidence obtained unlawfully, and any evidence or facts obtained through unlawfully obtained evidence, shall always be inadmissible in court.

VI. All warrants shall include: the seal of the judiciary, the type of warrant, the name of the person(s) or property(ies) to be effected (and if a person or an individual’s property, the link to their Roblox profile; if the property is owned by an organization that is a Roblox group, the link to that group), the issuing authority, the affiant, the reasoning for issuance, a statement of facts and evidence presented by the affiant, the date and time of expiration, and the signature of the issuing authority.

Section V - Orders of the Court

I. Judges and justices shall maintain the authority to issue orders to affect the lawful execution of their duties as prescribed by this Constitution and statute, including subpoenas, general orders to affect a sentence, injunctions, and all other such orders as statute permits; these orders shall carry the weight of contempt, as necessary, for failing to comply.

II. All orders shall include: the seal of the relevant court, the case or proceeding to which the order is related, the type of order, the person(s) or organization(s) to which the order is directed, the conditions and requirements of the order, the time period for which the recipient has to comply (with a date and time to comply by), and the signature of the issuing authority.

III. When a party, witness, or other individual necessary to the execution of the judicial process refuses to comply with verbal or written summons by a judicial officer to attend any judicial proceeding, the relevant judicial official may issue a formal subpoena to compel the individual’s compliance under penalty of contempt. In a criminal case, should a defendant fail to comply with a subpoena, they may be punished with contempt and an attorney will be appointed to represent their interests in absentia. No subpoena shall be issued without at least seven day’s notice to comply before a penalty is issued. If the individual or organization that is subpoenaed is a party to a civil case, and they fail to comply with the subpoena to appear, the presiding officer shall—at their discretion—either enter a verdict in favor of the party in attendance or declare a mistrial. If an individual is on legitimate leave of absence, they cannot be penalized for failing to comply with a subpoena that contradicts the time period of that leave. Other good causes for failing to comply with a subpoena may be dictated by rules and statute.

IV. A judge or justice may issue an injunction at any point once a proceeding has been initiated when it is deemed that there is sufficient cause to believe that an action or actions that will occur absent an injunction may harm an individual in fact before they can obtain relief through the normal judicial process. When such cause is demonstrated, and an injunction is issued, the injunction shall last until the conclusion of the relevant judicial proceeding, and shall take immediate effect upon issuance and notice to the affected parties.

V. Excluding injunctions and subpoenas, any other order shall require no less than forty-eight hours to comply.

VI. Further definition and regulation of orders that do not conflict with this article is permitted by rules and statute

Section VI - Appeals

I. The right to appeal cases and warrants shall be maintained. In criminal cases, the defense shall always maintain the ability to file for appeal, whereas the state may only file for an appeal concerning the sentence of such cases. In civil matters, any party may appeal. Appeals from trial shall only occur after the rendering of judgment.

II. Warrants may be appealed by the party subject to them in any instance.

III. Appeal by right and appeal by discretion shall be set by the rules of procedure, though there shall always be a right to appeal in cases involving a conviction of treason or insurrection, or any similar such offenses under any other name. There shall also be a right to appeal convictions for contempt of court.

IV. As the only appellate court in the State, the Supreme Court of Firestone’s judgment on any appeal is final.

Section VII - General and Miscellaneous Provisions

I. The judiciary shall maintain the exclusive authority to issue the statutorily provided penalty for contempt of court for lawful cause without trial for said contempt. This may be appealed.

II. Trial by jury is the right of any criminal defendant, who may choose to exercise or waive that right at their discretion before trial commences; once the trial process has begun, the defendant cannot change their waiver or exercise. In trial by jury, there shall be no fewer than six, and no more than twelve, jurors empaneled. All criminal verdicts in a trial by jury must be unanimous. In the event of a hung jury, the presiding officer shall declare a mistrial. A judge or justice may overturn a jury’s verdict of guilty if they find that the evidence instills a reasonable doubt of innocence. If such doubt is present, the presiding officer shall declare a mistrial and remand the case for retrial with a new judge or justice. Upon such declaration, the presiding officer shall divulge their detailed reasoning—in writing—to the Supreme Court of Firestone and the Attorney General. A verdict of acquittal is final and absolute. All civil trials shall be by bench.

III. In the event a criminal defendant requests counsel, and the state cannot provide them such for any reason, the presiding officer may appoint any qualified attorney who is not employed as a prosecutor to fulfill such need. This attorney shall be mandated to take all lawful and ethical measures for the individual’s defense.

IV. Judicially imposed sentences shall be just and lawful. No period of incarceration greater than three hours shall be imposed. Furthermore, a criminal penalty cannot be imposed for liability in civil litigation. Judicial sentences shall not be limited to incarceration (nor shall other, non-carceral remedies be limited by the maximum prison time) or any provision herein, though can include penalties such as punishments in a relevant department, community service, or other such penalties as the legislature may detail by statute. No punishment shall be cruel or unusual.

V. Notwithstanding the free speech provisions of this Constitution and the Bill of Rights, judges and justice are required to uphold the sanctity of the apolitical, impartial nature of their office at any time while they hold said office.

VI. Any person subject to the state’s legal system shall be entitled to a speedy trial. The judge presiding over a case shall be required to state the reason for any delays and the approximate time for resuming upon request.

VII. No person shall twice be put in jeopardy of criminal or civil liability for the same offense or wrong, except in cases where there is a mistrial, appellate reversal, or dismissal without prejudice.