Article VII. – Judicial

ARTICLE VII.
JUDICIAL

SECTION 7.1   CIVIL JUSTICE
In order to settle disputes, preserve order, and administer civil justice with fairness and impartiality, these by-laws may be interpreted and enforced by a tribunal.  Nothing herein is meant to preclude the administration of military justice through court-martial in accordance with Regulations for the Army of the Confederate States ― including the Articles of War.

SECTION 7.2   JUDICIAL TRIBUNAL
The Board of Directors will serve as a tribunal during disciplinary hearings, for which the Chief of Staff will preside as judge.  The Adjutant, the Company Clerk, and the Paymaster will act as jury.

SECTION 7.3   PROCEDURE
Civil justice will be administered in accordance with the procedural order as herein provided.

  • (a)  Complaint
    A complaint alleging violation of these by-laws and/or the special orders may be brought against a member only by another member.  Such charge, whether written or verbal, shall bear details of the complaint and be filed with the Chief of Staff.
  • (b)  Indictment
    The Chief of Staff will decide if there are reasonable grounds for the complaint.  If no reasonable grounds exist, the complaint will be dismissed as unfounded.  In cases where reasonable grounds for the complaint are found, a tribunal may be convened to hear the evidence.
  • (c)  Hearing
    In cases where a tribunal is convened, evidence will be presented to the jury for the purpose of determining facts in the indictment.
  • (d)  Defense
    In cases of indictment, the defendant shall enjoy the right to a speedy hearing and to be informed of the nature and cause of the accusation; to be confronted by witnesses against him; to have witnesses appear in his favor, and to have counsel for his defense.
  1.  No person shall be subject for the same offense to be twice put in jeopardy, nor shall be compelled to be a witness against himself.
  • (e)  Judgment
    Following presentation of the evidence, the jury will deliberate on a verdict and shall find the defendant either guilty or not guilty of the charge.  A verdict of not guilty will result in acquittal.  Judgment will be final, with no option to appeal.
  • (f)  Sentencing
    In cases where a defendant is convicted of the charge, the jury will determine the sentence, which the judge may impose or stay at his discretion.