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OFFICE HOLDER
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The current holder of office, and the second Judge Advocate General of Federation Command, is:
Admiral Shroombuck
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I. PREAMBLE
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The Office of the Judge Advocate General (hereinafter
referred to as 'Judge Advocate General') is formed by
Article VII of the Constitution of FEDERATION COMMAND
with the purpose of providing a judiciary branch of
FEDERATION COMMAND. This Charter is designed to outline
the role and structure of Judge Advocate General
policies and procedures as lawfully promulgated.
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II. POWERS |
The powers of the Judge Advocate General are limited to
performing duties pursuant to an Court of Appeal and to
interpret the Constitution of FEDERATION COMMAND. The
Judge Advocate General is barred from creating
legislation and may uphold punishment as pertinent to
Article III and enforce legislation as described in
Article IV of this Document. Decisions made by the Judge
Advocate General are permanent and may only be overruled
by the Executive Committee (or Fleet Admiral) or an
majority vote of the Council of Admirals. The Judge
Advocate General shall be accountable only to the
Executive Committee (or Fleet Admiral).
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III. PROCESS OF APPEAL |
The Judge Advocate General is sanctioned to lay down
judgment in all cases brought to its attention, except those
situations concerning decisions by the Executive Committee
(or Fleet Admiral) or decisions by a majority vote of the
Council of Admirals. Judgment shall be solely based on case
law and the articles of the Constitution and Code of Conduct
of FEDERATION COMMAND.
An officer of FEDERATION
COMMAND accused of a Category I, Category II, or Category
III offence may either undergo the punishment adjudged or
appeal the punishment with the Judge Advocate General. The
punishment can be appealed by promptly forwarding the appeal
to the Judge Advocate General. All appeals - when and if
submitted through the proper channels - fall under the
jurisdiction of the Judge Advocate General. An officer whom
submitted an appeal shall be referred to as Appellant. The
authority that issued the original punishment may be
unwilling to uphold that particular punishment, at which
point charges are dropped. All punishments can be appealed
except those issued by the Executive Committee (or Fleet
Admiral) or those issued by a majority vote of the Council
of Admirals.
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III.I DEFENCE ATTORNEY |
An officer of FEDERATION COMMAND accused of a Category I,
Category II, or Category III offence, shall have the
right to be defended by (an) officer(s) high(er) in
rank, which shall be interpreted as Captain or above.
Such (an) officer(s) shall be referred to as Defence
Attorney(s) and can be appoint and dismissed by the
Appellant respectively.
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III.II PROCESS
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Once an appeal has been submitted to the Judge Advocate
General, the Director of Security (hereinafter: Federation
Prosecutor) shall be granted seven (7) days to gather
evidence against the Appellant and forward it to the Defence
Attorney(s) and the presiding Judge Advocate General. Once
evidence has been forwarded and received, the Defence
Attorney(s) shall be granted seven (7) days to form a case
against the evidence issued by the Federation Prosecutor.
All witnesses shall have to be approved by the Judge
Advocate General and a single witness is not enough to
corroborate a case. At the end of the time allotted all
evidence shall be declared static and such evidence shall
not be subject to change and/or additions and/or
subtractions. The Judge Advocate General shall then set a
date on which the case will appear in the Federation Court.
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III.III FEDERATION COURT-INVESTIGATION
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A Federation Court-investigation shall be conducted in
the following chronological order:
- The presiding Judge Advocate General shall declare
the Federation Court-investigation in session and shall
establish the rules that shall govern the proceedings;
- The Federation Prosecutor shall present their
evidence and shall reinforce the reason(s) the
punishment was issued;
- The Defence shall be given the opportunity to
present their case in rebuttal to the evidence presented
by the Federation Prosecutor;
- The Federation Prosecutor may question the
Appellant;
- The Defence Attorney(s) may question the Appellant;
- The Federation Prosecutor shall present the
witnesses à charge to give their testimony;
- The Judge Advocate General shall request the
witnesses to take the following oath: “(Name witness):
do you solemnly, sincerely and truly declare and affirm
that the evidence you shall give during this Federation
Court-investigation shall be the truth, the whole truth
and nothing but the truth?”
- The witnesses à charge are allowed to make a
statement;
- The Defence shall be given the opportunity to
question the witnesses à charge;
- The Federation Prosecutor shall be given the
opportunity to question the witnesses à charge;
- The Defence shall present their evidence and shall
state the reason(s) the adjudged punishment should be
overruled;
- The Federation Prosecutor shall be given the
opportunity to present their case in rebuttal to the
evidence presented by the Defence;
- The Defence shall present witnesses à décharge to
give their testimony;
- The Judge Advocate General shall request the
witnesses to take the following oath: “(Name witness):
do you solemnly, sincerely and truly declare and affirm
that the evidence you shall give during this Federation
Court-investigation shall be the truth, the whole truth
and nothing but the truth?”
- The witnesses à décharge are allowed to make a
statement;
- The Federation Prosecutor shall be given the
opportunity to question the witnesses à décharge;
- The Defence shall be given the opportunity to
question the witnesses à décharge;
- The Federation Prosecutor shall present their last
arguments;
- The Defence shall present their last arguments;
- The Appellant is granted the final word;
- The presiding Judge Advocate General shall adjourn
the Federation Court to deliberate on the appeal;
- Judgment shall be pronounced and published on the
forums by the Judge Advocate General and be submitted to
the Executive Committee (or Fleet Admiral).
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IV. INTERPRETATION OF THE CONSTITUTION
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In accordance with Article VII and XI of the
Constitution of FEDERATION COMMAND, the Judge Advocate
General is allowed to interpret the Constitution.
Interpretations by the Judge Advocate General can be
presented as evidence during a Federation
Court-investigation or can be used to appeal Judge Advocate
General judgments. Interpretations of the Judge Advocate
General are protected under Article VII and XI of the
Constitution of FEDERATION COMMAND and Article I of this
Document.
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V. POLICY
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Ratified by the Council of Admirals on July 29th 2011.
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