AN AMENDMENT
TO THE CONSTITUTION
OF THE STATE OF FIRESTONE
BE IT ENACTED BY THE STATE OF FIRESTONE HOUSE OF REPRESENTATIVES THAT THE HEREINAFTER BE DOCKETED AND PROPOSED:
AN AMENDMENT TO REVISE JUDICIAL COURT ORDERS
SEC. 1: The State of Firestone Constitution, specifically C.III.XIV shall be amended.
SEC. 2: C.III.XIV currently states: “Judges of all State Courts, Be they District, Appellate, Supreme, or other courts of law defined by the legislature, shall have the authority to issue Court Orders. A Court Order is a document (publicly released PDF or Firestone Forum) issued by a seating judge requiring certain actions to be portrayed by the individual, group, agency, department, etc. under penalty of contempt. However, a Court Order must pertain to a specific case or preceding, said case or preceding must be listed in the order, as well as the Judge’s name, affected individual or groups, and an expiry date if the ordered action is temporary. For cases civil or criminal, Court Orders may be issued, upon a conviction for relevant charges, suspension from a state or county agency, service, or department, termination of the same, imprisonment, Public Service with the Department of Public Works, and Legal Education Classes with the Department of Justice. Orders for appearance have their own separate section under this article. All court ordered punishments must be neither cruel nor unusual as to be determined by an Appellate Court, or court with appellate jurisdiction. An aggrieved person who is the subject of a Court Order May appeal the order, if it be by a court with criminal or civil jurisdiction alone, to a higher court with appellate jurisdiction. That court may decide to void the order, removing all its effects and declaring its originating case (assuming the reason for the appeal isn’t because of the fact the order didn’t pertain to a case or preceding), or uphold it. If the case involving the order is challenged in any court with appellate jurisdiction, based on the case alone, and is voided, then any court order revolving around it shall also be voided. If an appellate court upholds the order, it may be challenged finally to the Supreme Court; where it may again be upheld, or voided. The ruling of the Supreme Court is final and may not be construed, ignored, or invalidated by lower courts.”
SEC.3: C.III.XIV shall be amended to state: "Official incumbent judges and justices shall have the power, per this section, to create and enforce court orders. Court orders are to only be established before or after trial; where the defendant was found guilty of some or all of the levied charges or civil wrongs. For a court order to be recognized and take full effect, it must achieve the following: 1) the date of its creation, 2) the specific party being affected, 3) outline the action or actions being enforced, 4) the authoring judicial official’s name and signature, 5) an expiry date if it is meant to be temporary, 6) be available to the public. If a court order is being established before trial, it can only last until trial is concluded, thus being a temporary injunction. Court orders can only affect single individuals, recognized departments, recognized businesses, recognized agencies and recognized government bodies thereof. Court orders cannot enforce actions that are cruel and unusual as prescribed by BOR.VII. Congress can, through the creation of law, regulate what actions can or cannot be taken through court orders. Court orders may be appealed by an affected party through the Supreme Court of the State of Firestone, where they can decide whether to affirm the court order’s recognition or void it due to constitutional infringements. Upon the Supreme Court’s ruling, no further appeal is possible for the court order.”
SEC.4: Upon passage within both the State of Firestone House of Representatives and Senate, this amendment shall take immediate effect and be embedded onto the current Constitution of the State of Firestone accordingly.
CHIEF SPONSOR:
SerZhukov, Esq.
Representative