The Judiciary

Judges are the backbone of the Realm’s legal system. Appointed by various authorities, judges hold fiat to render judgement in the Empress’ authority on various issues, ranging from land cases to exeuctions to fishing regulations to animal welfare.

The Judiciary System

Shun the Perfidious Lawyer

Some foreign nations have “lawyers,” professionals who make a profession of twisting the law in favor of private clients. The Realm explicitly forbids such practices. All parties are expected to offer their own arguments and defend their own points of view.

In practical terms, however, the law still allows for “friends” and “compatriots” to offer defense on behalf of a party, as long as such representation is free and out of their own good will. This leads, as a matter of course, to some dubious individuals who are both exceptionally friendly – why, it seems they are a friend to almost everyone! – and very well-versed in the details of the law. Naturally, such people, with such extensive networks of “friends,” often find themselves in lavish abodes with ample food and access to goods, as “gratitude” for favors performed many years ago.

So it goes; and while such practices skirt the spirit of the law, they are so convenient that they largely go without note.

Inquisitorial Proceedings

The Realm’s legal system is an inquisitorial system, which means that the judge acts as the jury and the primary opponent of each side in the case. The judge is the one who asks mosts of the questions, interrogates most of the witnesses, and consulting with local law enforcement for the facts of the case.

Each side is present not to argue their case, but to defend it from the judge’s questions. Judges can summon witnesses of their own accord, and then consider the defenses and appeals from both sides when rendering their decision.

The United States has an adversarial system, where the judge acts as an impartial arbiter of the law between two competing parties. In the Realm, both parties are on the defense against the judge’s examinations of their arguments, which makes the judge significantly more active compared to the American standard.

That Which Is Below the Interest of the Court

Judges are busy, and retain broad powers to render summary judgements on matters of little interest to the court. When the judge believes that a case is prima facie clear and uncontroversial, they can issue a summary judgement without convening a full court. This method accounts for a huge chunk of the arguments that people attempt to bring to court. Judges can also dismiss cases summarily for failing to meet standards of evidence or for one party being without merit – often the case when peasants complain to a judge about the Great House, which is usually in the right.

This broad authority keeps the courts from being bogged-down in clear and uncontroversial decisions, and keeps the focus of the judiciary on things that are most important. It also, conveniently, allows the Great Houses – through their judges and ties – to summarily dismiss many of the cases that might bog them down.

Types of Judges

Judges are appointed by Her Radiance herself, known as Imperial judges. These judges are the most respected scholars of the law and the ones most qualified to render judgement on intricate, expansive cases.

Prefectures need their own judges as well, since law needs to happen everywhere. The prefect can appoint judges as prefectural judges, whose appointment can be overturned by the Empress at any time without question – or by magistrates acting on behalf of the Empress who determine sufficient corruption. Prefectural judges are very common.

Some large cities such as Arjuf and Chanos have enough local cases to appoint a municipal judge on the authority of the city governor, who are in most ways equivalent to a prefectural judge but with much more limited jurisdiction: affairs of the city and its citizens.

Chain of Appeals

Losing parties may appeal their decisions to a higher authority, requiring them to travel physically to meet with a higher judge. In general, the cost and burden of travel is such that the appeals process is rare. Appeals judges can also decline to hear cases, allowing the original judgement to stand.

In general, decisions of a single judge can be appealed to a tribunal of judges, none of whom will be the original judge; usually this requires traveling to the seat of the prefect, which can take a significant amount of time. Decisions of a tribunal can be appealed to an Imperial judge, who usually resides even further away. Determinations of the Imperial judges are final, unless overruled by the Empress.

Life of a Judge

The life of a judge is difficult to generalize, and depends highly on the local situation. Rural judges lead a different life than urban judges, who live much differently than satrapial judges, and so forth.

The Universal Experience

Regardless of where they are appointed, judges are figures of respect and authority. They literally speak in the authority of the Empress and/or the Deliberative on matters of law and have wide-ranging fiat to enact punishment on law-breakers.

All judges are scholarly, and devote ample time to the study and execution of the law. Although judges may reach any conclusion given the appropriate circumstances, making sure that new decisions are in line with previous decisions is important to make sure the decisions are respected. Judges command respect for their power and exemplify the scholarly aspects of the nobility.

Judges speak with the voice of their sponsor, which is ultimately the voice of the Empress herself. All judgements in the Realm are products of the Empress, and offered in her name. As a result, judges are held to extremely high standards – and kept in line by the constant fear of magistrates descending upon them. Corruption and abuse of power are rampant, but judges must be careful in how they express it, and maintain a facade of decorum.

Every judge has a seal bearing the mon of the Empress – the Imperial Mountain and a crane. Beneath the seal of the Empress, the judge speaks with unrivaled authority. All words spoken beneath the Seal are transcribed and recorded. All actions are noted. It is said that the Empress sees all that takes place beneath her Seal – a belief which many peasants and judges take quite literally.

Urban Judges

Judges who sit in cities and large towns usually operate out of a proper courthouse, which is outfitted with a full array of judicial paraphenalia – stenographers, courtrooms, archives, the whole shebang. Urban judges are often outfitted with expensive robes and fancy chairs, some of which are, naturally, gifts from grateful citizens who appreciate the judge’s wisdom.

Urban judges dwell in areas of political theater, and so are often prominent figures in local politics. From towns barely large enough to seat a judge to sprawling cities like Arjuf and Eagle’s Launch, the local judge or judges can sway local politics just by expressing an opinion to the right people.

Rural Judges

The Empress’law does not exist only in cities. Even the lowliest sheepherder in the middle of nowhere is subject to her authority – and thus, subject to judgement by her courts. To facilitate this, many judges are not confined to just the cities – their jurisdictions include huge rural areas.

Rural judges travel often, in a big caravan with bodyguards and equipment to carry out the work of the law. They bring yurts and platforms with which to hold court, carried on the backs of yaks, yeddim, and horses. They dress in practical traveling gear, and travel long, slow circuits to the rural communities that need their judgement. They hike up mountains, ford across streams, slide along narrow cliff paths. Some judges have entire wagons fitted as traveling courthouses, the Empress’ Seal proudly emblazoned on the door proclaiming her ever-watchful gaze.

Rural judges rarely have the time to establish major political blocks in the way that urban judges do, but their arrivals are heralded with celebration. Many peasant communities view judges as the Empress’ benevolent intervention to deal with local problems. In some communities, the annual arrival of the judge for a week is the only contact with the outside world other than the taxmen, and the judges bring settlements and order, not empty carts to haul away hard work.