Lords:Boards and Courts

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The Peerage Courts and Peerage Boards

Charges against a Peer

Any TRMN member may charge any peer with any violation of the following by notifying the Lord Speaker using appropriate written means such as email, messenger, or other communication method used by both. Such notification must include a detailed written description of the violation, including a citation of what was violated and how, and a copy of any supporting documentation.

A Peer may be brought before a Peerage Board or Court for a variety of reasons, including the following:

1. Violating an Admiralty Order (AO), Naval Directive, a Corps Directive, an Army Directive, a Protector’s Orders, Kaiserlich Marine Befehl, a Sphinx Forestry Commission Directive, a Home Secretary Directive, a Space Lord Directive, and/or any other similar order or directive.
2. Violating the TRMN Code of Conduct.
3. Violating the Official Secrets Act.
4. Violating the Peerage Basic Rules of Conduct and/or Peer-Like Qualities.
5. Determination by the Lord Speaker that the circumstances warrant a Board of Court.

The above list is not all inclusive.

Upon receipt of such notification or if the Lord Speaker determines it is necessary, the Lord Speaker will review the charges and either form a Peerage Board, whose duty will be to determine whether the Peer’s actions are reviewed by that Board or are sent to a Peerage Court, or in certain circumstances, send the matter directly to a Peerage Court. In all instances, the Lord Speaker may take whatever action they determine necessary and appropriate based on the charges presented.

A Peerage Court and a Peerage Board are similar in their processes and the actions they may take. However, a Peerage Court is a more formal process that includes the accused and presentation of a defence. Only a Peerage Court may consider downgrade or removal of a peerage. In all instances, the Lord Speaker makes the final determination as to whether the House of Lords convenes a Peerage Court or a Peerage Board, taking all factors into consideration.

Peerage Board

A peerage board is responsible for the initial review of charges against a peer to determine if the charges are reviewed by the Peerage Board or should be sent to a Peerage Court. The Peerage Board is also responsible for reviewing and acting on charges.

A Peerage Board generally reviews and acts on the following charges:

1. Violating a Naval Directive, a Corps Directive, an Army Directive, a Protector’s Orders, Kaiserlich Marine Befehl, a Sphinx Forestry Commission Directive, a Home Secretary Directive, and/or a Space Lord Directive.
2. Violating Peerage Basic Rules of Conduct.
3. Violating Peer-Like Qualities.
4. Determination by the Lord Speaker that the circumstances warrant a board.

Board Members

• Voting members include three (3) peers of equal or greater peerage, if possible. If 3 peers of equal or higher peerage are not available, the Lord Speaker will select peers from the next lower level.
• Non-voting members include the JAG, Lord Speaker, and Deputy Speaker

Board Process

Upon receipt of charges or if the Lord Speaker determines a Peerage Board is appropriate:

1. The Lord Speaker selects the Board members and asks them to participate.
2. The Lord Speaker notifies the non-voting Board members.
3. Upon acceptance by the board member, the Lord Speaker seats the Board in Discord and all members, including non-voting members, are provided all relevant documents for review, including any JAG investigation.
4. The Lord Speaker provides an overview of the process.
5. The Board reviews the charges and asks any questions or requests any information necessary to determine who should handle the matter. The Board may request JAG conduct an independent investigation before its determination. In addition, during the initial determination of who acts on the charges, the JAG may determine an independent investigation is necessary.
   • If an independent JAG investigation is required, the Board will recess until such time as the JAG completes its investigation.
   • JAG will conduct its investigation and bring its findings to the Board.
6. The Board completes its review and deliberations and, by vote, determines if the review remains with the Board or is sent to a Peerage Court. If the Board determines the matter should be sent to a Peerage Court the Board notifies the Lord Speaker, who disbands the Board and proceeds to seat a Peerage Court, as noted below.
7. If the matter remains with the Peerage Board, the Board selects a chair, and the Lord Speaker provides an overview of the Board’s options and voting.
8. The Board reviews and discusses all relevant documents and asks questions of the JAG and Lord Speaker.
9. The Board deliberates and, upon conclusion of deliberations, votes.
10. The Board Chair notifies the Lord Speaker of its determination.
11. The Lord Speaker coordinates as necessary to carry out discipline.
12. The Lord Speaker disbands the Board.

Disciplinary Options Available to the Board

(see below for further information)

1. Take no action.
2. Counseling.
3. Mentoring.
4. Censure.
5. Abeyance.
6. Referral to a Peerage Court for possible peerage downgrade or removal.

The Board may vote on more than one option for discipline.

Vote Requirement

A majority vote (2 out of 3 voting members) is required for all options.

Peerage Court

These are typically called for the following offenses:

1. Charges of violating an Active Admiralty Order (AO).
2. Charges of violating the TRMN Code of Conduct.
3. Violating the TRMN Official Secrets Act.
4. Repeat Violations of an AO, the Code of Conduct, a Naval Directive, a Corps Directive, an Army Directive, a Protector’s Orders, Kaiserlich Marine Befehl, a Sphinx Forestry Commission Directive, a Home Secretary Directive, and/or a Space Lord Directive.
5. Repeat Violating the Peerage Basic Rules of Conduct and/or Peer-Like Qualities.
6. Determination by the Lord Speaker that the circumstances warrant a Court, this may be after a recommendation of a Peerage Board.

Court Members

• Voting members include 5 peers of equal or greater peerage to the Accused, if possible. If 5 peers of equal or higher peerage are not available, the Lord Speaker will select peers from the next lower level.
• Accused or the Advocate for the Accused, who is designated by the Accused. Accused does not need to select an Advocate. An advocate may be any TRMN member the Accused choses, including a non-peer.
• Non-voting members include the JAG, Lord Speaker, and Deputy Speaker.

General Process of the Court

Upon receipt of notice from a Peerage Board or if the Lord Speaker determines a Peerage Court is appropriate:

1. The Lord Speaker selects the Peerage Court members and asks them to participate.
2. The Lord Speaker notifies the non-voting Court members.
3. Upon acceptance by the court members, the Lord Speaker seats the Court in Discord, and all members, including non-voting members, are provided all relevant documents for review including any JAG investigation.
4. The Court members select a chair.
5. The Court reviews all documentation and asks any initial questions. If a JAG investigation was not conducted, the Court determines if an independent investigation should be completed. If the Court determines JAG should conduct an investigation, the Chair notifies the Lord Speaker, and the Lord Speaker recesses the Court until the JAG investigation is complete. Upon completion of the JAG investigation, the JAG notifies the Lord Speaker, who reconvenes the Court members and provides them the investigation findings.
6. The Accused is summoned to the Court, provided an explanation of the process, timeline, and is asked if they would like to name an Advocate.
   • If the Accused names and Advocate the Lord Speaker contacts the Advocate and seats them in the Court room.
7. The Lord Speaker convenes the Court, reads the charges, and outlines the process and the steps.
8. The JAG, if an investigation was conducted, or the Lord Speaker, presents the case. The Accused or the Advocate may ask clarification questions of the JAG or the Lord Speaker.
9. The Accused or the Advocate presents a defense.
10. Upon completion of the defense, the Lord Speaker reviews the remaining process, including voting and the Court’s options.
11. The Lord Speaker adjourns the Court to allow the Court time to review the facts and defense. The Court may ask questions of the JAG and Accused or Advocate. All questions will be submitted to the Lord Speaker and JAG for answers or presentation to the Accused and/or Advocate. The Lord Speaker and JAG will act as intermediary in all communications between the Court members and the Accused and/or Advocate during deliberations. If the Lord Speaker determines the Court needs to question the Accused and/or Advocate directly, the Lord Speaker will reconvene the Court.
12. Upon completion of deliberations, the Court will deliberate and vote.
13. The Chair will notify the Lord Speaker of the Court’s vote.
14. The Lord Speaker will reconvene the Court and read the verdict.
15. The Lord Speaker will carry out the discipline.
16. The Lord Speaker will disband and release the Court.

Disciplinary Options

(see below for further information)

1. Take no action.
2. Counseling.
3. Mentoring.
4. Censure.
5. Abeyance.
6. Downgrade of Peerage (If at a level that can be downgraded).
7. Removal of Peerage.

The Court may vote on more than one option for discipline.

Voting Requirements for Disciplinary Options

Majority vote (at least 3 out of 5 voting members) for options 1-6. Unanimous vote for option 7 (removal of Peerage).

Disciplinary Options

The disciplinary actions available to a Peerage Court and Peerage Board, as appropriate, are as follows:

1. Take no action. The Board or Court may determine that no action is required.
2. Counseling. Counseling is a collaborative effort between the Peer and another individual, wherein the Peer is assisted in identifying any problems and coming up with solutions. The Board or Court may determine the Peer requires some form of counseling, such as a discussion on the Code of Conduct, Peerage Rules, or Peer-like behaviors. The Board or Court should determine who should conduct the counseling. If no individual is named, the Lord Speaker will either carry out the counseling or determine who is the most appropriate individual. Counseling is a way for the Peer to be able to discuss with someone the actions they took, how they violated something, and what they can learn from that action and do differently.
3. Mentoring. Mentoring is a collaborative ongoing relationship between the Peer and the Mentor to assist the Peer on an ongoing basis with acting as a Peer. The Lord Speaker shall act as the Mentor or name another appropriate individual.
4. Censure. Censure is a formal public denunciation of the Peer’s actions and a reprimand from the House of Lords. The Lord Speaker shall draft the censure, with input from the Board or Court.
5. Abeyance. Abeyance of a Peerage is a period in which the Peerage is suspended and made inactive. During this time, the Peer loses all rights associated with that Peerage and does not accrue time. The Board or Court may determine the method of reactivation of the Peerage, such as actions the Peer must take, or a period of time. More detail on the Abeyance Process is included in the Articles of Abeyance below.
6. Downgrade of Peerage. The Court may determine the current Peerage level will be downgraded. The downgrade may be to whatever level the Court determines.
7. Removal of Peerage. The Court may determine the actions were so egregious and/or continuous that the only appropriate action is removal of a peerage. This should be considered only when all other methods have been attempted to correct behavior. It is worth noting that there is no appeals process for the removal of a peerage and a peerage removed via a peerage Court will not ordinarily be re-issued to the offender.

Articles of Abeyance

1. If Abeyance is invoked, the Usage of the Title is suspended while abeyance is in effect.
2. If Abeyance is invoked, the Titleholder is ineligible for further elevation while abeyance is in effect.
3. If Abeyance is invoked, the Peerage Lands are considered dormant, and shall not be developed.
4. If Abeyance is invoked, the Peerage loses its place of seniority amongst the active Peers, and new Peers that are added while they are still in Abeyance.
5. If Abeyance is invoked, the Peerage Title will be changed to a blank device on the wall of peerage, and the name of the peer replaced with “Title in Abeyance”.
6. If Abeyance is invoked, the Peer shall not have access to or be involved in the Matters of the House of Lords while in Abeyance.
7. If Abeyance is invoked, the length of time will be determined by the Peerage Board or Court that recommended it.
8. The Lord Speaker, or a Peer appointed by the Lord Speaker, will present the Abeyance offer to the Peer in question.

Should the Peer in question reject the offer of Abeyance, the Lord Speaker will then return to the Peerage Court or Board to discuss alternative disciplinary options.

1. If Abeyance is invoked, the Peer shall be treated with the due respect of their title, without its direct use in any formal situation.
2. If Abeyance is invoked, at the end of the minimum Abeyance period, the Peer shall petition, in writing, the Lord Speaker for reinstatement of their Peerage.
3. If the minimum period has elapsed and the Peer has not petitioned for reinstatement, the Lord Speaker may recall the Peer in writing. This gives the Peer 30 days notice to gather evidence for a Court that will be formed to consider their Abeyance.

Ending Abeyance

If a Peer whose title is in Abeyance petitions the Lord Speaker for reinstatement, or the Lord Speaker recalls the Peer, then the Lord Speaker will convene a Peerage Court using the above processes to consider the petition.

This Court considers the evidence both of the previous offence, and any submission the suspended Peer can give as to their Peer-like behaviour since being in Abeyance. Ending Abeyance isn’t a right, and the peer should have been acting and working in a way that if they weren’t already a peer would have had them nominated for a new peerage.

This type of Court has several options they can vote to implement:

1. End Abeyance and restore the Peerage. The date of peerage (for order of precedence) is the date the order of reinstatement is published.
2. Extend Abeyance. The Court can vote to extend Abeyance for another minimum period to allow the suspended Peer to better show Peer like behaviour. No further petitions for reinstatement will be entertained until this new period has elapsed.
3. Downgrade Peerage. If the peerage is of a type that can be downgraded the Court can choose to do so.
4. Remove Peerage.

Voting Requirements

Majority vote (at least 3 out of 5 voting members) for options 1-3. Unanimous vote for option 4 (removal of Peerage).