CHARTER OF THE JUDGE ADVOCATE GENERAL
THE UNITED FEDERATION OF PLANETS
I. FORMATIONTHE UNITED FEDERATION OF PLANETS
The Council of Admirals as established by the Constitution of United Federation of Planets hereby creates the Office of Judge Advocate General which shall consist of a number of members as established by the Council of Admirals with the purpose of providing a judiciary branch of the United Federation of Planets government and shall be accountable only to the Fleet Admiral as established by said Constitution. At the discretion of the Fleet Admiral or the Council of Admirals the Judge Advocate General position may be held by a Senator.
II. POWERS
The Judge Advocate General powers are limited to performing duties pursuant to an appeals court and to interpret the Constitution of the United Federation of Planets. All other powers typically granted to a Judiciary branch of government not defined by Articles III and IV of this document are specifically reserved for the Council of Admirals. The Judge Advocate General does not have the power is issue punishment or legislation. The Judge Advocate General may uphold punishment as pertinent to Article III and enforce legislation as described in Article IV. Decisions made by the Judge Advocate General are hereby permanent and may only be overruled by the Fleet Admiral or the Council of Admirals. Concerning matters where a member of the Council of Admirals would typically perform the role of Prosecutor as defined in Article III, those matters are to be forwarded to the Fleet Admiral.
III. PROCESS OF APPEAL
The Judge Advocate General is authorized to make judgment concerning situations not involving a member of the Council of Admirals or punishment issued by a member of the Council of Admirals except where the Council member serves as Commanding Officer of the Department of Federation Security as defined in the Federation Security Charter as approved by the Council of Admirals and punishment was issued while serving in said role. The Judge Advocate General shall make judgment based solely on the articles of the Constitution of the United Federation of Planets as well as the Code of Conduct. If the Judge Advocate General is unable to make judgment to that end, the Judge Advocate General is required to surrender the case to the Council of Admirals.
An officer of the United Federation of Planets may appeal an order or decision as defined in Article II, Paragraph 3, Sentence 2; Article III, Section 3 of the Code of Conduct and shall have the right to be defended by an officer high in rank, which shall be interpreted as Captain or above, (hereinafter "Defence Attorney") as defined in Article III, Section 3 of the Code of Conduct in a trial to the Judge Advocate General only by direct contact with the Judge Advocate General and clearly stating their case. Non-members of the United Federation of Planets shall forward all appeals, injunctions and reviews directly to the Fleet Admiral as defined in Article III, Paragraph 2 of the Code of Conduct. The Judge Advocate General shall determine the worthiness of the proposed appeal by considering the matter against the Constitution of the United Federation of Planets and other Policy passed by the Council of Admirals. If the Judge Advocate General considers the proposed appeal worthy, the Judge Advocate General will notify the Prosecutor, member being appealed, and the Defence Attorney, if the defendant so chooses to accept the one assigned as stated in the Code of Conduct.
Upon approval, the Prosecutor shall be given two (2) days to gather evidence against the defendant and provide it to the Defence Attorney and the presiding Judge Advocate General. Once evidence has been submitted and approved by the presiding Judge Advocate General, the Defence Attorney shall be granted one (1) day to form a case against the evidence issued by the Prosecutor. The defendant - defined as the officer seeking an appeal - shall have the option to elect another person in lieu of their Defence Attorney. No requirement exists that would require a defendant to be a current member of the United Federation of Planets. However, if the defendant is not a current member of the United Federation of Planets, the defendant shall not have the option to dismiss his/her Defence Attorney as the Defence Attorney is required to have the most current knowledge of the Constitution and Policy passed by the Council of Admirals. Upon the end of time allotted to the Defence Attorney to build a case against the approved evidence provided by the Prosecutor, the Judge Advocate General will declare the evidence static and shall set a date in which the presiding Judge Advocate General official, the Prosecutor, Defence Attorney and defendant shall go to trial. Static evidence shall not be subject to change and additions and subtractions to evidence garnered by the Prosecutor shall inadmissible to the trial.
1. The presiding Judge Advocate General shall declare the trial in session and shall establish the rules that shall govern the trial;
2. The Prosecutor shall present their evidence before all in attendance and shall reinforce the reason the punishment was issued;
3. The Defence shall be given the opportunity to present their case in rebuttal to the evidence presented by the Prosecutor;
4. If part of the approved evidence, the Prosecutor shall present witnesses to give their testimony before all in attendance;
5. The Defence shall be given the opportunity to question the witnesses as they are presented;
6. The Defence shall present their evidence before all in attendance and shall state the reason(s) their punishment should be overruled;
7. The Prosecutor shall be given the opportunity to present their case in rebuttal to the evidence presented by the Defence;
8. If part of their case, the Defence shall present witnesses to give their testimony before all in attendance;
9. The Prosecutor shall be given the opportunity to question the witnesses as they are presented;
10. The Prosecutor shall present their last arguments;
11. The Defence shall present their last arguments;
12. The presiding Judge Advocate General shall adjourn the trial to contemplate their decision;
13. Once decided, the presiding Judge Advocate General shall reconvene the trial and shall find in favour of the Prosecutor or in favour of the Defence before all in attendance, during which the Prosecutor and Defence shall remain silent;
14. The presiding Judge Advocate General shall then adjourn the court;
15. The decision as presented by the presiding Judge Advocate General shall be submitted to the Council of Admirals and the Commanding Officer of the Department of Federation Security.
IV. INTERPRETATION OF THE CONSTITUTION
In special cases as determined by the Judge Advocate General, the Judge Advocate General may be asked to interpret the Constitution as it would if a situation were going to trial. Judge Advocate General interpretations cannot be presented as evidence during a trial or used to appeal Judge Advocate General decisions. The Judge Advocate General interpretations are hereby protected under Article I of this document.
