5-JR-1. The Quorum has authorized for the resolution of intra-fleet member conflicts of a civil nature, the creation of a judicial system.
5-JR-2. This system is based on the 1978 BSG show.
5-JR-3. Should any member wish such action to be heard the hearings will be public and held in the Judicial room.
5-JR-4. Any member wishing to request a hearing on a matter or a rule interpretation may do so by request to the Chief Judge. Any interpretation of a rule, made by any member, will be reduced to writing and posted on the Pegasus Command site. All requests must be honored.
5-JR-5. The Chief Judge shall be elected by members of the Judicial System, and must be one of the 3 sitting judges.
5-JR-6. The party making the claim will be called the Accuser while the party being charged will be called the Protector. Both members have the right to have any member of Peg Com to represent them. Both parties may present witnesses on their behalf and/or other relevant evidence such as screen shoots. The Accuser will put forth their evidence first, then the Protector. After all evidence is presented both parties will have a final opportunity to address the Court.
5-JR-7. The Judges, after all evidence has been heard, will deliberate on the issue(s) in private. All Judges will vote on any proposed rulings (and penalties, if applicable). The Court will deliver a ruling with a majority vote. If no ruling gains a majority vote, the claim is lost. Judges aren’t permitted to abstain. Judges may select more than one penalty.
a. The following rulings are available to the Court:
No case to answer
b. Potential penalties if a claim is upheld:
Require a public written apology
Require a private written apology
A public reprimand
Stripping of any civil awards (except Pegasus Medal of Valour)
c. Recommendation to the SC or GC (via the President):
Loss of operations time
Discord penalties lasting up to 5 days e.g. muting
d. Recommendation to the Quorum:
Removal from PegCom
Removal of citizenship (the member can reapply under the usual rules after 3 months)
Removal of special status/position (if given by the Quorum).
Removal of Pegasus Medal of Valour
e. If the Protector is also the SC, any recommendations usually made to the SC will be made to the Quorum.
f. If the Protector holds a position appointed by the Office of the President (e.g. a Judge), any recommendation for removal from the position or from the Guild will be made to the President.
Specific Powers of the Court
5-JR-8. The Court may make rules for its own process, by majority vote of its Judges. These rules must be submitted to the Quorum for approval and if approved to the Office of the President for publishing on the site. Once published the rule becomes effective.
5-JR-9. All removal complaints or actions in reguard to a Peg Com member must first be submitted to the Court for hearing.
Standards of proof in cases before the Court
5-JR-10. To be found a spy or recommendation of a member for removal the evidence presented to the Court must be clear and convincing. This standard is above more likely than not, but less then beyond all reasonable doubt.
5-JR-11. All other actions are found on a more likely than not standard.
5-JR-12. All rulings will be placed in the forums, and serve as binding precedent in future cases.
5-JR-13. No one involved in the alleged complaint may be involved in any part of the process, nor any member related to any of the parties.
5-JR-14. Any member losing such a case may request a review of the matter by the Quorum to the President. The member must submit this request no later than 14 days following the ruling. One member of the Quorum must agree to take the case, or the findings of the Court will become final.
5-JR-15. When a Protector appeals a penalty served against them, the penalty will either be upheld, reduced, or set aside, upon a 2/3rds vote of all members of The Quorum. In all other appeals upon a 2/3rds vote of all members of The Quorum, any ruling of the Court may be overruled or modified in any matter.
5-JR-16. Any Appellant may submit additional evidence or statments for the Quorum to consider. All futher submissions must be made to The Quorum via the Office of the President no latter than 21 days following the original ruling. In exceptional curcumstances, The Quorum reserve the right the extend this deadline.
5-JR-17. If no futher submission is recieved from the appellant before the deadline, The Quorum will proceed based on the information available to them. All such rulings are final.
Conflicts of Interest
5-JR-18. A judge has the right to recuse themselves from a case at any time.
5-JR-19. Judges may be prohibited from involvement with any case that present an actual or perceived conflict of interest, including but not limited to;
a. Cases brought against a Judge, that concern an allegation about their own conduct;
b. Where a Judge is or is likely to be called upon as a key witness in a case;
c. Where a Judge is a party to the case itself.
5-JR-20. The outcome of any decision under 5-JR-19 will be published in the Court section of the PegCom Fourms.
5-JR-21. At a hearing for recusal any Judge subject to the request may not particpate in the descion on such request in any way.
5-JR-22. Any Court vacancies caused by recusals under 5-JR-18 to 5-JR-20, will be filled pursant to 5-PR-7. Such Special Judges will have the same powers and duties as any other court member for the matter(s) for which they are appointed and approved to hear. Special Judges have no other powers or duties under these rules.