========================================================================
DISTRIBUTABLE PROPOSALS
========================================================================
(none)
========================================================================
UNDISTRIBUTABLE PROPOSALS
========================================================================
Title: Prejudice
Author: comex
AI: 1.7
II: 1
Chamber: Purple
Amend Rule 2226 (Judicial Rank) by replacing:
When a judgement is overruled on appeal, if the prior judge's
judicial rank is higher than 0, then it is decreased by 1.
with:
When a judgement is overruled on appeal with prejudice, if the
prior judge's judicial rank is higher than 0, then it is
decreased by 1.
Amend Rule 911 (Appeal Cases) by replacing:
An appeal case has a judicial question on disposition, which is
applicable if and only if the prior question is applicable. The
valid judgements for the question on disposition, and their
effects, are as follows, based on the appropriateness of the
prior judgement at the time it was delivered:
with:
An appeal case has a judicial question on disposition, which is
applicable if and only if the prior question is applicable. The
valid judgements for the question on disposition are of the form
"<action> with prejudice" or "<action> without prejudice". Such
a judgement is generally appropriate if and only if
(1) the action is appropriate, and
(2) the judgement is with prejudice if and only if the error in
the original judgement could have been reasonably avoided by
the judge. AFFIRM is always without prejudice.
The valid values of <action> and their associated effects are as
follows:
and by replacing:
* REMAND, appropriate if there is serious doubt about the
appropriateness of the prior judgement
with:
* REMAND, appropriate if there is serious doubt about whether
the prior judgement was appropriate
and by replacing:
* REASSIGN, appropriate if there is serious doubt about the
appropriateness of the prior judgement
with:
* REASSIGN, appropriate if there is serious doubt about whether
the prior judgement was appropriate
and by replacing:
deliver a judgement of either REMAND or REASSIGN, whichever e
feels is most appropriate.
with:
judgement of either REMAND or REASSIGN with or without
prejudice, whichever e feels is most appropriate.
and by adding this paragraph after the list of judgements:
The appropriateness of the prior judgement is measured at the
time it was assigned.
[Don't ding judges for trivial OVERRULEs; if a rule is added to ding
for REMAND or REASSIGN, it could also take prejudice into account.]
-coppro
