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OFFICE HOLDER |
The imcumbent office holder is Commander Shroombuck, who was appointed as the 4th Judge Advocate General of Federation Command on the 27th of March 2014 and the 1st Attorney General for Federation Command on the 9th of December 2014.
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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 as the judicial power of FEDERATION COMMAND with
the additional purpose of advising the Executive Committee (or Fleet
Admiral) and/or the Council of Admirals as Attorney General on any
legal issues anent the constitutionality of procedures, policy,
charters and the administrative regulations for consistency with either
promulgated policy, charters or the Constitution of FEDERATION COMMAND
itself as outlined in Article V of this Document. This Charter is
designed to outline the role and structure of Judge Advocate General
policies and procedures as lawfully promulgated hereunder.
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II. POWERS |
The powers of the Judge Advocate General extend to all cases, in law
and equity, arising under the Constitution of FEDERATION COMMAND, the
legislation made, or which shall be made, under the authority of the
Executive Committee (or Fleet Admiral) and/or Council of Admirals. The
Judge Advocate General shall have original and appellate jurisdiction,
both as to law and fact, with such exceptions, and under such
regulations as the Executive Committee (or Fleet Admiral) and/or
Council of Admirals by a majority vote shall make. The Judge Advocate
General shall be accountable only to the Executive Committee (or Fleet
Admiral) and may serve as Attorney General as per Article V of this
Document.
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III. PROCESS OF APPEAL |
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.
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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 Lieutenant
Commander 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. The Judge Advocate
General may extend or reduce the time limits, subject to certain
restrictions. 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 |
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 |
In accordance with Article VII and XI of the Constitution of FEDERATION
COMMAND, the Judge Advocate General is allowed to interpret the
Constitution or any legislation made thereunder. 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
Articles I and II of this Documentt.
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V. ATTORNEY GENERAL FOR FEDERATION COMMAND |
The Judge Advocate General may
additionally serve as Attorney General in an advisory capacity on any
legal and constitutional issues which arise prior to or at
deliberations of the Executive Committee (or Fleet Admiral) and/or
Council of Admirals, including whether proposed legislation complies
with the provisions of the Constitution of FEDERATION COMMAND,
promulgated policy, charters or other administrative regulations. As
Attorney General the Judge Advocate General is an ex officio member of
the Council of Admirals, limited to an non-voting-advisory capacity and
may only be appointed to that position by the Executive Committee (or
Fleet Admiral).
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VI. POLICY |
Ratified by the Council of Admirals on July 29th 2011.
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ROSTER |
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