Posted: Tue Jan 17, 2012 2:28 pm
Trials are held here. Judge Arable Worthington presides. Court house hours are from 9:00 a.m. to 5:00 p.m. on weekdays, and sometimes on Saturdays for important trials.
(The following document serves as the Town Charter or Constitution. There are other laws and regulations besides this.)
Articles and Laws of Midtown
ARTICLE 1 :
All Legislative Powers of Midtown herein granted shall be vested in the Council of Midtown, which shall consist of 5 elected officials who are elected by the citizens of Midtown in a secret ballot by simple majority. At least one Council member will also be a member of the Guild, and at least one other shall represent the farmers. No person shall be a Council member who has not been a citizen for at least one year, and must be an adult, herein defined as the equivalent of a 20 year old human or older. No convict serving time may run for Council, or hold any other governmental office. The citizens of Midtown may recall a Council member by petition and then a recall election. The petition must have the signatures of 1/5 of the adult population to set a recall election, and a popular vote of 2/3 against the Council member will remove that member from office. Only adult citizens may vote.
The Council members are restricted to a maximum of 2 consecutive terms that last 2 years each. Terms of the members will be staggered with an election every year on the first Tuesday after the first day of Spring.
The Council will decide on who may become a citizen of Midtown.
A 3/5 vote of the Council is needed to pass laws and regulations or to propose an amendment. A vote of 2/3 of the citizens is required to pass an amendment.
The Council can set the currency standard for Midtown. The Council will establish all the laws and regulations. The Council can declare a state of emergency and under such commandeer people, goods, or services for the help of the community.
In case of an empty Council seat, whether by death, resignation, impeachment, excessive absence, or any other reason, a new election will be held for the opening position or positions within a month’s time of its vacancy. The elected members shall take the position for the remainder of the term, but it will not count as a full term in the of restriction of successive terms. The replacement position is open to previous Council members restricted by term length as well. Any vote requiring the Council will force the empty seat or seats to abstain, until the election is held. If a member of the Council is on temporary leave, all votes held during that period require the empty seats to abstain. In emergency cases where a quorum cannot be obtained by absence, the present members of the Council may vote unanimously to pass emergency measures. If there is one or no Council members present at the time of an emergency, the Mayor will decide, pending the approval of the people.
The Council has the right to impose, but is not limited to, the following: taxation of citizens, payments for services rendered, general earnings, interest rates, building fees and other fees, but only after all actions have been approved by a 3/5 vote of Council. Such regulations may be set aside by a petition and 3/4 vote of the citizens of Midtown.
ARTICLE 2 :
The Judicial Power of Midtown shall be vested in 1-3 Judges, with a term of 3 years, appointed by the Mayor and approved by the Council.
The Judge shall rule all cases, civil and criminal, within the Jurisdiction of Midtown, including the town proper and surrounding environs, and lands and business ventures of the town. The jury will consist of 10 citizens of Midtown. The Judge decides the punishment, but it can be changed by a 5/5 vote of the Council. In addition, the Council shall be granted the ability to set aside or change a judgement or verdict by a unanimous decision, if there should be any argument to the validity or process of a verdict. If they are not unanimous, the judgement will stand.
The Judge has the power to declare laws or regulations invalid, provided there is a justification for the ruling. This can be overturned by a 5/5 vote of the Council and a 2/3 vote of the people.
The Judge may be removed by a 3/4 vote of the people. Then a new Judge will be chosen.
In criminal trials, there shall be a ten person jury of Midtown citizens who do not hold any official office provided by these Articles, and chosen randomly. The penalty for conviction in criminal trials shall be incarceration until the Council decides on a fitting punishment, with the exception of theft. In the case of theft the object stolen, or a reasonable replacement, shall be returned to the owner along with a monetary amount equal to the designated worth of the stolen object. If the offender can not pay, he shall be confined to Midtown and it’s environs, by magic if necessary, until he pays the full amount.
Civil trials will be decided by the Judge. The Judge may question both parties himself to ascertain the facts. Lawyers may be present to represent the parties, but are not necessary. The Judge will set the penalties or decide custody in such cases.
The prosecutor will be chosen by the Judge, and must be diligent in his duty, not being absent from the court for lengthy periods of time. The Judge may replace the prosecutor with someone else if necessary. The defence shall be chosen by the accused, or the accused may defend himself. The Judge may appoint a defence attorney if the accused can not decide. The accused may change attorneys if he unsatisfied with the attorney's performance. The burden of proof lies with the prosecution. If the prosecution fails to procure a sufficient cause of action, the defence may call for a demurrer to challenge the validity of the case prior to the court session or motion for a directed verdict to dismiss the case before the defence offers any evidence. The Judge also holds the right to refuse any civil case that is frivolous or without merit. The Council holds the right pardon someone convicted in a criminal case. The pardon shall be given by a unanimous decision.
No person may be deprived of life, liberty, or property without due process of law. This does not include temporary restraints for the safety of others. Persons deemed dangerous to others may be restrained or jailed until the safety of others has been guaranteed. Likewise property deemed dangerous to others may be confiscated until the safety of others has been guaranteed. Individuals have the right to protect themselves provided undue force is not used. People also have the right to peaceably assemble, and the right to free speech.
Any government official my be impeached for significant wrong doing. Evidence will be presented to the Council to see if it warrants a trial. If there is enough evidence there will be a trial by jury in the normal manner, and if convicted the government official will lose his position. Even if the government official is pardoned by the Council in the case of a criminal conviction, that official shall be removed from office. Any further punishment needed will be decided by the Council. If the one on trial is the only Judge, the Mayor will appoint a temporary Judge. A government official convicted in an impeachment process will not be eligible for any office for the next full year under any circumstances.
The Mayor of Midtown is the executive office of Midtown. As such he has responsibility for seeing that the laws and regulations are upheld, and may appoint or hire a Sheriff or other officers of the law as necessary. The Mayor will also coordinate all of Midtown’s activities and civic duties, including those that are in cooperation with other governmental entities in Triudomhan. The Mayor is elected by the citizens of Midtown a secret ballot by simple majority, and serves a term of 4 years. The mayor must meet the same requirements as a Councilman, and may be recalled in the same manner.
In a declared emergency the Mayor will make decisions on the behalf of the people in Midtown and its environs, pending agreement of the Council and/or the citizens. If there is one or no Council members present at the time of an emergency, the Mayor will decide on laws and regulations, pending the approval of the people. Any such laws or regulations will be null and void after the emergency has passed unless voted on by the Council.
The Mayor also appoints all Judges. In case of the absence of the only appointed Judge, whether by death, resignation, impeachment, excessive absence, or any other reason, a new Judge will be selected by the Mayor and approved by the Council. If the presence of a Judge is needed at the time of a vacant position, the Mayor has the power to select a temporary Judge to take over the Judge's duties until a new Judge can be selected and approved. The temporary Judge that is appointed may become the new Judge, if so approved.
2/18/2010- Section 1 of Article 1 of the Articles and Laws of Midtown shall be changed to say that the Council of Midtown shall consist of 6 elected officials, instead of 5, and that one council member shall also represent the factory workers.
Mr. Roman Sinclair
Mr. George Bealle (guild) 2/09 - 2/11
Mr. Roger Morris 2/12
Ms. Caroline Iverson 2/11
Mr. Herbert Daniels (farm) 2/10 - 2/12
Mr. Benjamin Nelson 2/10 - 2/12
Mr. Simon Lindan (factory) 2/11
Mr. Arable Worthington
Cheval the centaur
Ulf the wolf
Fitch the faun
Serrif the selkie
Brownspot the platinum mustel
Shadow the platinum mustel
Baldur Odinson the dwarf (and head of Harbor Security at Rocky Port)
Mr. Barry Olds (farm) 2/09-2/10, Mr. Daniel “Dan” Johnson 2/09-2/10, Mr. Nico Vincetti 2/09-2/11, Mr. Carl Hansen 2/09-2/10-2/12