Privately Initiated Litigation

Private parties can lodge certified complaints, which the state is required to properly investigate.   Repeat frivilous complaints can be deterred with punitive labor not exceeding 36 hours.   Filing a deliberately false complaint is a crime.   The party lodging the complaint can be given the option of proceeding to a trial or dropping the complaint (dropping does not preclude a mutual settlement with the defending party outside the formal court context).   In the case that this option is given, if the prosecuting party goes to trial and loses, it is responsible for the reasonable legal expenses of the defending party and the court, in addition to whatever expenses it has accrued.   If the option is given, the court can at its discretion require the prosecution to furnish a prosecuting attorney.   In the case that the option is not given, the state assumes all court expenses (which become the responsibility of the defendant if he is convicted), and if necessary the fee for a legal counsel for the defending party.

The prosecuting party can choose to act as the prosecuting attorney, and the defending party can choose to act as the defense attorney.



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This is a preliminary draft. Pending changes are in The To-Do List