Decemvir stlitibus iudicandis (Nova Roma)

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Latest revision as of 10:12, 2 January 2024

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The decemviri stlitibus iudicandis (or less formally: decemviri litibus iudicandis) are one of the magistracies of Nova Roma, responsible to serve as judicial magistrates or judges in the courts of Nova Roma. They conduct proceedings and trials about complaints against administrative measures, disputes within the administration, debates between administrative officers, disputes about constitutional law, and the interpretation of law. They also serve as the default administrative law court for controversies about forum moderation issues of any official public forum of Nova Roma. They can also act as an appeals court in certain cases defined by law. There are ten decemviri elected annually by the comitia populi tributa to serve in their role and suppoort the praetores as members of the Officium Praetorium.

The eligibility requirements for Decemvir stlitibus iudicandis are set by the lex Tullia annalis: to stand for election as a decemvir stlitibus iudicandis, a potential candidate is required to be at least 21 years old, and must be assiduus. The decemviri stlitibus iudicandis enter office on Kal. Ian. ‡ (1 January) each year. The decemvir stlitibus iudicandis can be a first step of the cursus honorum, but is often filled by experienced politicians and those that were not succesful in earlier higher elections.

They shall have the following honors, powers, and obligations:

A. To hold lower potestas, incomplete iurisdictio (the right to interpret and administer the law and to administer justice, limited to cases within their duties as defined by law), incomplete ius coercitionis limited to be used within their duties, the ius intercessionis and the ius edicendi, all of which rights and powers are restricted only to be exercised within their scope of authority, that is, to administer justice and serve in judicial procedures, or to administer any additional tasks assigned to them by law;

B. To issue those edicta necessary to fulfill their judicial duties;

C. To pronounce collegial intercessio against another decemvir stlitibus iudicandis;

D. To employ apparitors from among the existing ones, based on mutual agreement between decemvir, or the collective collegium of the decemviri, and apparitor, as assistants in administrative and other tasks, as they shall see fit. This assignment of an apparitor to a decemvir, or the decemviratus, shall be made by an edictum of the praefectus rei publicae administrandae (who shall have the ius edicendi) at the order of the decemvir, or in absence of such praefectus, or by any officer with the ius edicendi at their discretion.

E. To assist the praetor, and to be members of the Officium Praetorium:

1. By serving as judges in the tribunal of the praetor: If the number of iudices could not be completed from volunteers in a tribunal when it is being appointed according to the lex Salvia iudiciaria, the praetors can order the decemviri to fill the missing places who may not refuse this order. A decemvir stlitibus iudicandis, regardless of their social status, may be selected as iudex, and may serve in the tribunal among the equites, tribuni aerarii equestres and senatores.

2. By serving as substituting magistrates for the praetors in judicial proceedings, only on a case by case basis, if the praetors decide so in an edictum: A praetor can delegate a judicial case to the collegium of the decemviri, and the decemviri shall collectively conduct the trial, filling the role of praetor in the lex Salvia iudiciaria. In such cases the praetor must designate a decemvir as the responsible chairman for the decemviral panel who is the primary co-president of the panel and who can be called to account about any failures in the procedure.

F. To serve as the administrative court and constitutional court of Nova Roma in procedures and trials about complaints against administrative measures, disputes within the administration, debates between administrative officers and in disputes about constitutional law, the interpretation of law;

G. To serve as the default administrative law court for controversies about forum moderation issues of any official public forum of Nova Roma;

H. To serve as appeals court in certain cases defined by law.