Part IV, Chapter 4
Embedded Files
Criminal Code
Appeals
§1. Introductory Provisions
A. This chapter governs the appellate process and courts under the Internal Tribunal Department.
B. The authority of judicial review is vested fully in the Internal Tribunal Department and O5 Council.
§2. Judicial Structure
A. The Internal Tribunal Department shall include a hierarchy of three courts.
B. Each court has its own jurisdiction, with some being able to review cases from lower courts, when appealed further.
§2.1. Superior Court
A. The high court, hearing appeals of severe or sensitive nature and of lower-court decisions, being:
Criminal and departmental offenses involving sensitive information defined within Chapter 1: Information Security.
Orders and decisions of the Circuit Court.
B. Appeals of departmental offenses within ITD's Public Counsel Branch shall originate in the Superior Court.
C. The Superior Court seats a maximum of five justices, including the Chief Justice.
D. All matters end in the Superior Court, unless the O5 Council agrees to review a matter under special circumstances.
§2.2. Circuit Court
A. The intermediate court, hearing appeals of higher offenses and lower-court decisions, being:
Criminal infractions involving penalties < 48-hour Foundation suspension.
Departmental offenses involving penalties < 48-hour internal suspension.
Orders and decisions of the Magistrates' Court.
§2.3. Magistrates' Court
A. The lowest court, hearing appeals of petty offenses, being:
Criminal infractions involving penalties ≤ 48-hour Foundation suspension.
Departmental offenses involving penalties ≤ 48-hour internal suspension.
B. One or three judges may be assigned to a case of this court.
§3. Rights of Parties
A. Parties are those involved in a case, being the appellant, who initiates the appeal process, and appellee, who represents the punishing body.
B. Violation of these rights by a court is grounds for appeal to a higher court.
§3.1. Right to Fair Proceedings
A. Parties have a right to an impartial and unbiased tribunal.
B. Parties have a right to timely proceedings, without unnecessary delays.
C. Appellants have a right to trained and certified counsel, but may waive this right and opt to represent themselves when stated explicitly.
D. Parties have a right to fair and consistent application of court procedure.
§3.2. Right to Evidence
A. Parties have a right to access all evidence and documentation relevant to their case, including court records.
B. Parties have a right to discovery, providing the opportunity to fairly build a case.
§3.3. Right to Present Arguments
A. Parties have a right to file pre-hearing motions and disputes, when done in a timely manner.
B. Parties have a right to argue against all opposing motions, when done in a timely manner.
C. Parties have a right to present oral arguments in hearings.
D. Parties have a right to rebut the arguments of the opposing party, in accordance with court procedure.
§3.4. Right to Reasoned Decisions
A. Parties have a right to a written decision by the ordering court, detailing reasoning and basis for all rulings.
B. Parties have a right to be informed of the outcome of an appeal in a timely manner.
§3.5. Right to Further Appeal
A. Parties have a right to motion a court to reconsider their rulings claimed to be erroneous or baseless, and argue against such rulings.
B. Parties have the right to appeal any orders and judgments to a higher court, in accordance with court procedure.
§4. Case Procedure & Standards
§4.1. Disciplinary Appeal
A. All cases are prompted by petitioning for a disciplinary appeal, disputing penalties issued by the Foundation or any of its departments for alleged violations of Foundation law and regulations.
B. These appeals shall be heard by a court determined by section 2 of this chapter.
§4.1.1. Grounds & Burdens for Appeal
A. All appeals are petitioned with grounds; a claim that there is a specific reason for their discipline to be appealed or adjusted. Appeals petitioned arbitrarily or absent of grounds and a cohesive argument will not be considered.
B. For a claim to be substantiated in court, the appellant must produce clear and convincing evidence that the claim is true—75% likely in the eyes of the court.
C. Each grounds for appeal have elements which must be proven:
Misapplication of law;
It is the appellant's burden to show clear and convincing evidence that there was an error in the application of law, making the discipline invalid as a matter of law.
The appellee shall aim to demonstrate that the law was applied correctly, or that any error was harmless and the discipline is still supported by law.
Procedural violations;
It is the appellant's burden to show clear and convincing evidence that there were procedural violations of practices set by due process laws and departmental regulations in the application of discipline.
New evidence;
It is the appellant's burden to show clear and convincing evidence, which was not known or accessible at the time of discipline, and demonstrates that the discipline is outright invalid or the penalties are unreasonable as a matter of fact or law.
The appellee shall aim to demonstrate that the new evidence is inadmissible or does not substantiate the requested judicial intervention.
Evidence not proving the allegations;
It is the appellant's burden to clearly and convincingly demonstrate that the evidence does not substantiate the alleged violations as a matter of fact.
The appellee shall aim to demonstrate the evidence substantiates the alleged violations as a matter of fact.
Unreasonable sentencing;
It is the appellant's burden to clearly and convincingly demonstrate the discipline is unusually harsh or excessive given the circumstances.
The appellee shall aim to demonstrate that the discipline is consistent with the practices of the department and substantiated by the circumstances of the actions.
§4.1.2. Filing Requirements
A. All petitions for disciplinary appeal must be filed within 21 days from when the relevant discipline was issued.
B. Separate petitions must be filed for each distinct case of discipline, and must be heard separately.
C. All petitions must be filed in accordance with the format and expected information under court procedures.
§4.1.3. Petition Consideration
A. A petition shall advance to a hearing if the following elements are satisfied:
The petition has legitimate grounds for appeal on its face.
There is a reasonable possibility that the claim could be substantiated with further argumentation and evidence.
The petition has a cohesive argument and does not appear frivolous.
The claim, if substantiated, would likely warrant outright appeal or modification of the discipline, based on the grounds for appeal.
§4.1.4. Final Judgment of Disciplinary Appeal
A. A final judgment is imposed to conclude every appeal and determine final action by the court. These judgments occur on the merits or by a default judgment.
B. Final judgments on the merits shall be determined accordingly:
If the appellant has clearly and convincingly substantiated their claim, the discipline will be entirely appealed or modified.
If the court finds that the charges are outright invalid and the appellant is guilty of no other violations, the discipline shall be entirely appealed.
If the court finds that the charges are invalid, but other charges are more appropriate, the charges and penalties may be modified accordingly.
If the court finds that the charges are valid, but the penalties are unreasonable, the penalties may be modified based on similar cases and the specific circumstances of the disputed case.
C. Default judgments may be rewarded when a party's conduct or failure to comply with proceedings warrant forfeiture of the case.
D. A mistrial shall be granted when misconduct or a substantial legal error has irreparably prejudiced either party, and it would be impossible for a fair appeal to continue.
§4.2. Interlocutory Appeal
A. An appeal of a ruling and order by a lower court on pre-hearing matters (ex. suppression of certain evidence) may be submitted to the immediate higher court. They may be used when:
The decision appealed surrounds a legal issue that could significantly affect the final judgment of the court—a "controlling question of law."
The decision was conclusive on the issue.
The presiding court has denied a motion to reconsider the decision and the court has been notified of intent to file an interlocutory appeal.
B. Upon declaring intent to file, the party has 12 hours to submit their interlocutory appeal before a higher court.
§4.3. Appeal of Final Judgment
A. Parties are guaranteed a right to appeal final judgments of a lower court up until the Superior Court.
B. An appeal of final judgment is not merely a rehearing of the case. It disputes specific errors the lower court is claimed to have made.
C. An appeal of final judgment may only be heard when there is an alleged judicial error which is more likely than not to have caused an incorrect or inadequate decision on its face. Such as:
Violation of a party's rights;
Misinterpretation or misapplication of law;
Procedural errors.
D. The disputing party must appeal final judgment within three days of the decision.
§4. Judicial Conduct
A. The Superior Court shall establish and maintain the procedural rules of the courts which dictate the way it conducts its business, through the Code of the Appellate Court.
B. The judiciary must uphold the highest standards of impartiality and ethical conduct. It is an essential responsibility of judges to recuse themself from cases where extrajudicial bias or conflict of interest is clear or would be broadly perceived as such to maintain confidence in the judiciary.
C. Acting on biases or engaging in unethical conduct may warrant criminal penalties under COE IV.4.7. The Superior Court is responsible for promptly addressing bias, conflict of interest, or ethical misconduct involving a judge.
D. It is required that all judicial proceedings be presided and deliberated by an odd number of justices to prevent decision deadlock in even-numbered panels.
§5. Precedent
A. The judiciary observes precedent established by previous court decisions on a question of law, such as the interpretation of a specific policy. This ensures consistency and reasonable deference, allowing decided topics to not have to be continuously revisited.
B. Precedent does not dictate the practices of a department. It is what the court defers to when past decisions on the same question of law exist, which guide their judgment.
C. Precedent operates in alignment with the judicial hierarchy. Any higher court revisiting a question of law by a lower court can overrule the precedent if necessary or logical. Precedent by a higher court is binding and must be deferred to.
D. The Superior Court may, at their discretion, rule on a question of law which has been repeatedly revisited by a court of the same level.
§6. Disciplinary Integrity Proceedings
A. When there is probably cause, the courts may set a hearing for disciplinary integrity to probe and refer suspected violations of due process by command and enforcement authorities and concerns on disciplinary integrity, such as significant or brazen REAL Act violations.
B. The courts reserve the right to question and demand evidence of parties in accordance with matters of disciplinary integrity.
C. The court may refer the issue directly to the Ethics Committee if found beyond a reasonable doubt that disciplinary integrity violations occurred, or to the Audit & Accountability Committee for further investigation if appropriate.
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