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OFFICE HOLDER

The Office of JAG at this time is assumed only when necessary. Should an interpretation or appeal be requested, Privy Councilor Shroombuck will serve as the imcumbent Judge Advocate.

I. PREAMBLE

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.

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).

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.

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.


III.II PROCESS

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.

III.III FEDERATION COURT-INVESTIGATION

A Federation Court-investigation shall be conducted in the following chronological order:

  1. The presiding Judge Advocate General shall declare the Federation Court-investigation in session and shall establish the rules that shall govern the proceedings;
  2. The Federation Prosecutor shall present their evidence and shall reinforce the reason(s) the punishment was issued;
  3. The Defence shall be given the opportunity to present their case in rebuttal to the evidence presented by the Federation Prosecutor;
  4. The Federation Prosecutor may question the Appellant;
  5. The Defence Attorney(s) may question the Appellant;
  6. The Federation Prosecutor shall present the witnesses à charge to give their testimony;
  7. 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?”
  8. The witnesses à charge are allowed to make a statement;
  9. The Defence shall be given the opportunity to question the witnesses à charge;
  10. The Federation Prosecutor shall be given the opportunity to question the witnesses à charge;
  11. The Defence shall present their evidence and shall state the reason(s) the adjudged punishment should be overruled;
  12. The Federation Prosecutor shall be given the opportunity to present their case in rebuttal to the evidence presented by the Defence;
  13. The Defence shall present witnesses à décharge to give their testimony;
  14. 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?”
  15. The witnesses à décharge are allowed to make a statement;
  16. The Federation Prosecutor shall be given the opportunity to question the witnesses à décharge;
  17. The Defence shall be given the opportunity to question the witnesses à décharge;
  18. The Federation Prosecutor shall present their last arguments;
  19. The Defence shall present their last arguments;
  20. The Appellant is granted the final word;
  21. The presiding Judge Advocate General shall adjourn the Federation Court to deliberate on the appeal;
  22. Judgment shall be pronounced and published on the forums by the Judge Advocate General and be submitted to the Executive Committee (or Fleet Admiral).


IV. INTERPRETATION OF THE CONSTITUTION

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.


V. POLICY

Ratified by the Council of Admirals on July 29th 2011.

ROSTER

Retired Plenipotentiary