Procedures of Brotherhood Court

1. Members of Brotherhood Court

   1. The Brothers' Court shall be chaired by the Sergeant-at-Arms
   2. Upon being convened, four (4) additional members shall be elected.
   3. Membership on the court shall be closed to the Executive Committee.
   4. The tenure of the elected members shall be the duration of the case. If more than one (1) case is pending, the elected members may remain convened for these cases if approved by acclamation.
   5. Vacancies shall be filled in the same manner as the initial seating of the vacant position. Should the chair be vacant for any reason, a chair “pro tempore” shall be chosen from amongst the remaining members of the court.

2. Pre-Trial Procedure

   1. The trial date and location shall be set by the court and announced to the Brotherhood and the defendant with four (4) days notice before the beginning of the trial.
   2. All Brothers' Court proceedings shall be open for all Brothers to attend. The defendant may make a request in writing to the Court for a closed proceeding which must be submitted to the chair 24 hours prior to the proceedings. If such a request is made, only Brothers serving a function in the proceedings may be present for the hearing.
   3. The accused may select defense counsel or defend him/herself. Whichever committee convenes the court shall elect a representative from its membership.
   4. The chair of the Court shall appoint someone to act as secretary for the proceedings.
   5. A list of all items other than testimony to be used in the trial must be presented to the Chairperson of the court. The Chairperson will then inform all participants in the trial of the opposition's evidence.

      1. This list shall be submitted to the chair forty-eight (48) hours before the beginning of the trial.
      2. Copies of the evidence shall be submitted to the Chairperson twenty-four (24) hours before the start of the trial.
   6. All evidence submitted to the court shall be subject to review. Any piece of evidence that is found to be irrelevant to the case or the origins of the evidence cannot be substantiated then it shall be deemed inadmissible and not allowed to be presented to the court.
   7. A list of all persons being called to testify in the trial must be submitted to the Chairperson. The Chairperson will then inform the party being called to testify. The list shall be submitted to the Chairperson forty-eight (48) hours in advance of the trial and the persons called to give testimony must be notified twenty-four (24) hours in advance of the trial.

3. The Chairperson of the court shall call the trial to order and announce the members of the court, the defense representative of the prosecution, the charges and the audience members to the court secretary.

   1. Opening Statement(s):

      1. The Prosecution shall go first.
      2. The Defense shall go second.
   2. Presenting the case

      1. The prosecution shall present their case first

         1. The Prosecution shall have the ability to call witnesses and present evidence to the court related to the charges
         2. For any witness that the prosecution calls for a line of questioning the defense shall have the ability to cross examine and present a defending line of questioning.
         3. Once the prosecution has completely presented their case they shall rest.
      2. The defense shall present their case second.

         1. The defense shall have the ability to call witnesses and present evidence to the court related to the charges.
         2. For any witness that the defense calls for a line of questioning the prosecution shall have the ability to cross examine and present a different line of questioning.
         3. Once the defense has completely presented their case they shall rest.
   3. Closing Statement(s):

      1. The Defense shall go first.
      2. The Prosecution shall go last.
   4. The court shall now recess for deliberation.

4. Deliberation and Vertict

   1. The Court will deliberate in private and decide by majority vote.
   2. After due deliberation, the decision of the Court is to be read by the Brothers' Court Chair in the presence of the accused, his/her counsel, and whoever else is present at the hearing. At the next scheduled meeting of the Brotherhood, the Brothers' Court Chair shall report the charges and the verdict of the Court to the Brotherhood.
   3. The verdict shall be kept in the permanent records of the Fraternity, kept in the Brotherhood Court Binder, and reported to the National Vice President of Maintenance.

5. Appeal(s)

   1. Any appeals to the decision of Brothers' Court shall be submitted to the Chair of the Permanent Board of Trustees.
   2. The decision of the Permanent Board of Trustees shall be binding.

Presented by Zachary Parchomenko and approved on November 7, 2009