Section 3

A. Judicial Terms

Judges may not be reappointed to the same or a lower-level court within the Judicial Branch after their term ends.

A.1. Immigration Judges

Immigration Judges serve for a term of four (4) years, renewable once.

A.2. District Court Judges, Provincial Appellate Judges, and Judges for the Circuit Courts of Appeal

Federal and Territorial District Court, Federal and Territorial Provincial Appellate Court, and Federal Circuit Courts of Appeal Judges shall each serve a single non-renewable term of six (6) years. In all of these Courts, a partial term counts as a full term, and the Judge so serving shall be reckoned as if they had served the full six years concerning eligibility for other Courts.

Nothing in this clause prevents a Judge from being considered for appointment to a higher court, as long as they meet the qualifications in this Charter.

A.3. Supreme Court Justices

Supreme Court Justices shall serve a single non-renewable term of eighteen (18) years. One new Justice shall be appointed every two years.

If a Justice is appointed to fill a vacancy, they shall serve only the remainder of that term and may not be reappointed. The Justice with the longest continuous service on the Supreme Court shall serve as Chief Justice.

B. Qualifications

All federal Judges must meet specific qualifications before taking office. These qualifications must be satisfied at the time of nomination and maintained throughout the Judge’s term.

A candidate or nominee must:

  • Be licensed and in good standing with the Federal Licensing Authority,

  • Not have been disbarred or barred from holding federal office,

  • Not have been convicted of a felony, or

  • Not have been removed from judicial office for cause, or found guilty of fraud, corruption, or abuse of power.

Minimum experience requirements:

  • District Court Judges: At least five (5) years of legal experience.

  • Provincial Court Judges: At least eleven (11) years of combined federal-level experience in legal practice, service as a District Court Judge, or full-time faculty employment at a U.S.-accredited law school. Legal academics must also demonstrate sustained engagement with the federal courts, including authorship of amicus curiae briefs in constitutional or appellate matters.

  • Circuit Court Judges: Must have completed a full term of service on a Provincial Court

  • Supreme Court Justices: Must have served at least three (3) years on the Circuit Court.

A nominee who has not served on the Circuit Court may still be eligible for the Supreme Court if they meet all of the following:

  1. At least twenty (20) years of experience in constitutional litigation, legal scholarship (as defined above), or federal appellate practice;

  2. Personal argument of at least three (3) constitutional cases before a U.S. Circuit Court or the Supreme Court; and

  3. Have been cited in at least two (2) published majority opinions from a U.S. Circuit Court or the Supreme Court.

C. Appointment and Confirmation

The President will nominate each Justice of the Supreme Court and each Judge of the Circuit, Provincial, District, and Immigration Courts when a term ends or a seat becomes empty. The nominee must come from the list of candidates provided for that level by the Judicial Nomination Board. The President must send the nomination in writing to the Leader of the Senate.

Within thirty (30) days of receiving the nomination, the Senate must hold a single yes-or-no vote on the nominee. A simple majority of Senators present and voting is sufficient to confirm.

C.1. Term Commencement

If confirmed, the nominee’s term will begin at 8:01 a.m. local time in the Nation’s capital on the first Monday after the Senate vote. The nominee will receive their official commission at that time.

C.2. Deferral of Duties

If the nominee is already a Judge on a lower court, they may choose to delay starting their new duties for up to sixty (60) days to complete or hand off any work still in progress. Even if they delay starting their new duties, their term still begins at the time specified in Article IV, Section 3.C.1.

C.3. Continuation of Appointment Process

If the Senate does not confirm the nominee, the President must pick another candidate from the current list within five (5) days. This process will repeat until someone is confirmed.

D. Vacancies and Partial Terms

D.1. Causes of Vacancy

A judge’s seat becomes empty when their term ends, they die, they resign by notifying the President, they are removed or suspended under the rules in this Charter, or if the government receives a written notice that they are permanently unable to serve, as provided by law.

D.2. Nomination Procedure

Every empty seat—whether for a full term or just the rest of one—must be filled using the nomination and confirmation process described in the “Appointment and Confirmation” section. If there are fewer than three (3) eligible names left on the Judicial Nomination Board’s list for that level, the Board must send an updated list to the President within thirty (30) days of the vacancy.

D.3. Length of Service After Mid-Term Appointment

a. Supreme Court

If someone is appointed to fill an open seat on the Supreme Court, they only serve the time left in that term. After that, they can’t be nominated to the Supreme Court again. That time still counts as a full term for term-limit rules.

b. Circuit, Provincial, District, and Immigration Courts

A judge appointed to fill a vacancy on a Circuit, Provincial, District, or Immigration Court shall serve only the remainder of the original term. Regardless of the length of service, this partial term shall count as a full term for purposes of term limits.

D.4. Commencement of Partial Terms

A replacement judge’s term begins at 8:01 a.m. local time in the Nation’s capital on the first Monday after the Senate confirms them. Their term will end on the originally scheduled term end date, as if the vacancy had not occurred.

D.5. Temporary Cross-Designation

If a seat is empty and waiting to be filled, it will be temporarily filled by a judge randomly chosen from current or qualified retired judges at the same level of court. For example, a District Court seat will be filled by another District Court judge. This rule does not apply to the Supreme Court, which must wait for a new Justice to be confirmed. The temporary judge’s own job, duties, and term limit do not change. They serve only until the confirmed replacement takes office.

E. Magistrate Judges – Appointment, Term, and Duties

Each District, Provincial, and Circuit Court may appoint Magistrate Judges to assist in non-trial duties, under procedures established by law. They may not preside over trials or receive a pension under this Charter. Compensation shall not exceed 75% of a District Court Judge’s salary.

F. Judicial Pay and Compensation

Judicial compensation shall be based on individual income levels as reported in the most recent national census, according to the following percentiles:

  1. Immigration Judges — 88th percentile;

  2. District and Provincial Court Judges — 90th percentile;

  3. Circuit Court Judges — 92nd percentile;

  4. Associate Justices of the Supreme Court — 93rd percentile;

  5. Chief Justice of the Supreme Court — 130% of the Associate Justice rate.

These salaries are updated after each national census. A judge’s pay cannot be lowered during their time in office.

If inflation is five percent (5%) or more in two out of any three consecutive years, measured by the annualized Consumer Price Index (CPI) as of June 30, then judicial pay must be raised by the total inflation over that three-year period. This increase takes effect automatically at the start of the next Judicial Year. No law or action is needed for it to happen.

In the year after a census, pay must be brought back in line with the updated income percentiles. Following this reset, no inflation adjustment will be allowed for the next two Judicial Years.

All pay rules in this section are self-executing and protected from political interference.

G. Pensions

Judges and Justices, but not Magistrate Judges, who complete the full term of their appointment shall receive a pension equal to two-thirds (2/3) of their final salary, commencing no earlier than the start of the Judicial Year following their departure from office (see Article IV, Section 2.C). No pension shall be paid during any period of Judicial service.

Congress shall, by law, establish the Judicial Pension Code governing:

1. The timing and duration of payments,

2. Adjustments for partial terms,

3. Early resignation due to medical necessity,

4. Rules concerning forfeiture, and

5. Limitations on deferral or inheritance.

These pensions protect the independence of judges, especially since this Charter does not allow lifetime appointments. They ensure that Judges and Justices can do their jobs without fear or pressure, and that Citizens from any background can serve without financial hardship.

Any Change to the Judicial Pension Code must respect the principle that pensions are not rewards, but safeguards against improper influence.

To avoid conflicts of interest, any suits at law concerning pensions must be tried by a panel of three senators consisting of the Deputy Leader of the Senate and two other Senators drawn by lot.

H. Judicial Removal and Discipline

H.1. Felony

Any judge or justice who is convicted of a felony, whether under federal law or the law of any State or Territory, shall be removed from office automatically. This removal shall take effect on the third day following either the completion of all appeals or the deadline for filing an appeal, whichever comes later.

This removal shall be deemed a removal for cause under this Charter.

H.2. Mental Incapacity

If a judge or justice is suspected of having a cognitive or mental condition that renders them unable to carry out their duties, a private affidavit may be submitted to the Federal Licensing Authority (FLA). The affidavit shall remain confidential.

Upon receipt, the FLA shall initiate two independent medical evaluations. If both evaluations confirm that the judge suffers from cognitive or mental decline that materially impairs their ability to perform, the judge shall be removed from office. The official record of removal shall state the reason as “Medical.”

The FLA shall retain all related records for ten (10) years before releasing them to the public..

H.3. Standing for Ethical and Professional Complaints

Congress shall establish a Judicial Disciplinary Code. Once enacted, neither the Legislative Branch nor the Executive Branch shall have the authority to interfere with the provisions of the Code through executive discretion or procedural override. Congress may alter the provisions of the Code, but no such provision shall take effect until the end of the second Judicial Year following the adoption of the alterations into law.

Allegations of ethical or professional misconduct by any federal judge may be submitted to the Federal Licensing Authority (FLA) as provided in this Charter. The FLA shall review and refer such complaints in accordance with the Judicial Disciplinary Code.

The Chief Justice of the Supreme Court shall appoint a tribunal of judges of equal rank to the accused, drawn from other jurisdictions. The tribunal must be confirmed by the FLA and shall follow the procedures, burdens of proof, and timelines outlined in the Judicial Disciplinary Code.

Sanctions available to the tribunal include censure or removal for cause. Removal requires a two-thirds vote of the tribunal. Repeated censure shall result in automatic removal.

A process-based appeal may be made to the Chief Justice, who must rule within thirty (30) days and in writing.

Any judge or justice who permanently loses legal eligibility to serve—due to disbarment, felony conviction, or loss of licensing—shall be removed automatically (see also Article IV, Sections 6.B.2.5 and 6.D.4 for enforcement procedures). Such removal is deemed for cause.

Justices of the Supreme Court may only be removed by impeachment, as elsewhere provided in this Charter (see Article II, Sections 5.A.7.c and 6.A.4.c). However, qualifying complaints against them shall be reviewed by the FLA and referred under the Judicial Disciplinary Code for initial screening.

I. Oaths of Office

Before taking office in all federal courts, every judge or justice must swear or affirm a public oath. No judge may begin any official duties or receive compensation until this oath is taken.

I.1. Lower Courts

For all courts below the Supreme Court, including the offices of Magistrate Judges, the following oath must be given:

“I, [full legal name], solemnly swear (or affirm) that I will support and defend the National Charter and the laws of the United States. I understand that I have no personal right to this power—it comes from the People, through their elected President and Senate.

“I will support and defend this Charter because its purpose is to protect the Natural and Civil Rights of all Persons. I will apply the law fairly and equally to every Person. I will serve on the [name of court] with honesty, and without favoritism, bias, or corruption.

“I accept my unwaivable duty to recuse myself in any case where a conflict of interest exists or appears to exist. I agree to follow the Judicial Code of Ethics, which carries the weight of Constitutional Law.”

I.2. Supreme Court

For newly confirmed justices to the Supreme Court, the same oath must be executed as for the lower Courts, appended as follows:

“I accept that the Supreme Court is the highest court in the land, and that serving on it is the most solemn and weighty responsibility in the Judicial Branch. I understand that this position carries a greater burden than service on the lower courts and demands an even deeper commitment to the defense of Natural and Civil Rights over the powers of the State.”

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