Procedural Amendment to Bring the Current Rules of Procedure in Line with the New Constitution

Memorandum of Notice to the State Legislature

By the authority vested in this Court by Article III, Section II of the Constitution of this Great State—through a unanimous vote of its justices—this Court does hereby submit to you a joint resolution for a proposed amendment to the current rules of procedure (currently referred to as the “General Rules of Procedure”) to be enacted upon approval by the legislature.

TO BRING THE CURRENT RULES OF ARRAIGNMENT IN LINE WITH THE NEW CONSTITUTION

Section I: Amendment to Rule 3.b.v

  1. The current text of Rule 3.b.v of the General Rules of Procedure currently states: “determine if the defendant waives their right to a jury or not;”.

  2. The new text of Rule 3.b.v of the General Rules of Procedure shall state: “in the case of a criminal proceeding, determine if the defendant waives their right to a jury or not;”

Section II: Miscellaneous Fixes for Constitutionality

  1. The entirety of Rule 10 shall be nullified.

  2. Rule 9.g shall be nullified.

Section III: Enactment

  1. This resolution shall take effect immediately upon passage through the special legislative procedures detailed by the Constitution.

  2. The state courts shall be responsible for enforcement of this resolution.

Herein submitted to the legislature as a joint resolution pursuant to C.III.II on this day, April Twentieth, Two Thousand Twenty-Two.

Signed,
DannyboyJurist, J.
Associate Justice

thekerbal, CJ.
Chief Court Justice

ElloNT, J.
Associate Justice

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