A.2(b). The Judicial Branch

Judicial term limits, court structure, and appointment procedures established by this Charter apply to all future appointments following ratification.

Judges and Justices serving at the time of ratification shall continue in office temporarily under the transition rules described below.

Within forty-five (45) days of ratification, the Chief Justice of the Supreme Court will assign all seated judges and justices into staggered groups for transition based on the limits set in this Charter.

Term limits will be calculated as if this Charter had been in effect when each judge first took office.

Judges who have already passed their term limit must leave by the end of the second full Judicial Year after ratification. Supreme Court Justices will be replaced one at a time each year, starting with the longest-serving, until the Court matches the Charter’s structure. After that, a new Justice will be appointed every two years, in years without Congressional elections.

All other judges will follow a staggered schedule so that about one-third of each federal court turns over every two years. This includes Circuit, Provincial, District, Immigration, and Supreme Courts.

No judge serving under the prior Constitution shall be reappointed to the same court.

Magistrate Judges serving at the time of ratification may finish their current appointments. The new terms, duties, and compensation rules apply only to Magistrates appointed after ratification.

The Judicial Nomination Board must be established within six months of ratification and convene immediately to create candidate lists for each court. Starting one year after ratification, all judicial vacancies must be filled using the process outlined in this Charter and the lists provided.

Temporary cross-designation of judges to fill unfilled seats shall be permitted during the transition period, in accordance with the Charter’s rules. This rule does not apply to the Supreme Court, which must await confirmation of permanent appointees.

Judges and Supreme Court Justices serving at the time of ratification may resign or continue serving until their terms end. By choosing to remain in office, they are understood to have accepted the duties and obligations of this Charter, as if they had taken the required Oath.

On the first day of the Judicial Year in the second year following ratification, all immigration judges will transition from belonging to the Executive Branch to belonging to the Judicial Branch. At that time, all Immigration Courts will be considered Judicial, rather than administrative. Immigration judges in current service are considered qualified. Sitting Immigration judges will serve out either four years from their initial appointment or two years from the date of transition, whichever is later. They may only be reappointed if the total time on the bench at the end of the reappointment will not exceed the term limits outlined in this Charter.