(1)1.3 Duty of Enforcement

(1)1.3 Duty of Enforcement

All lawful actors vested with enforcement authority, including judges, magistrates, prosecutors, and law enforcement officers, have a binding responsibility to uphold and enforce the provisions of this code in good faith.

Enforcement duties shall be exercised with integrity, impartiality, and in accordance with law, professional standards, ethical norms, and the rights of individuals as recognized under the United States Constitution and the Defendants’ Bill of Rights.

• Judges and magistrates are responsible for enforcing statutes without exceeding their lawful authority, ensuring fair hearings, and taking corrective action when necessary.
• Prosecutors may exercise discretion in charging, dismissing, or plea-bargaining cases, particularly for misdemeanors, while generally pursuing felonies supported by probable cause. All discretion must be exercised in good faith and in furtherance of justice.
• Law enforcement officers may exercise discretion with infractions and misdemeanors but shall enforce felony offenses where lawful, ensuring that actions are reasonable, proportionate, and consistent with public safety, professional norms, and the principles of this code.

All enforcement actions shall be documented, justified, and conducted transparently to ensure accountability, fairness, and respect for legal and ethical obligations.

(1)1.3.1 Judicial Responsibility to Enforce

(a) A judge or magistrate, operating under color of law, shall hold absolute responsibility to uphold and enforce the provisions and statutes of this code in good faith.

(b) In fulfilling this responsibility, a judge or magistrate shall interpret and apply the law impartially, without favor, bias, or improper influence, and shall ensure that all parties receive a fair hearing and due process.

(c) A judge or magistrate shall refrain from exceeding their lawful authority, creating obligations not authorized by this code, or declining to enforce statutes that fall within their jurisdiction.

(d) Judicial decisions and orders shall be grounded in law, reasoned analysis, and factual evidence, and shall be documented in a manner sufficient to allow review, accountability, and transparency.

(e) A judge or magistrate shall promptly take corrective or remedial action if it becomes evident that a ruling or enforcement measure was applied in error, in bad faith, or in a manner inconsistent with this code.

(1)1.3.2 Prosecutorial Responsibility to Enforce

(a) A prosecutor or prosecuting attorney, operating under color of law, shall hold a responsibility to uphold and enforce the provisions and statutes of this code in good faith.

(b) In exercising their duties, a prosecutor shall act with integrity, impartiality, and fairness, and shall ensure that all decisions are guided by the interests of justice and the proper administration of law.

(c) A prosecutor may exercise discretion in charging, dismissing, or plea-bargaining cases based on the circumstances of the matter, the interests of justice, and the directives of the court, provided such discretion is exercised in good faith.

(d) Prosecutors have full discretion in the handling of misdemeanor cases, including charging, dismissal, and plea agreements, so long as such actions are consistent with law and ethics.

(e) In felony cases, prosecutors should generally seek appropriate charges where supported by probable cause and evidence, recognizing that practical, evidentiary, or legal considerations may justify deviation from this general practice.

(f) All plea agreements, dismissals, or alternative resolutions must be documented and justified to ensure transparency, accountability, and adherence to the principles of this code.

(1)1.3.3 Law Enforcement Responsibility to Enforce

(a) A law enforcement officer, operating under color of law, shall hold a responsibility to uphold and enforce the provisions and statutes of this code in good faith.

(b) In exercising this responsibility, officers shall act in accordance with lawful policing standards, recognized professional norms, the United States Constitution, the Defendants’ Bill of Rights, and the principles set forth in this code.

(c) Officers may exercise discretion in handling infractions and misdemeanor offenses, including the decision to issue warnings, citations, or take other appropriate action, provided such discretion is exercised in good faith and in furtherance of justice.

(d) Officers shall enforce felony offenses where supported by probable cause and the law, ensuring that appropriate charges are pursued unless circumstances, evidence, or lawfully recognized exceptions justify otherwise.

(e) All enforcement actions shall be reasonable, proportionate, and consistent with public safety, the rights of individuals, and the ethical duties imposed on lawful actors by this code.

(f) Officers shall document and justify discretionary decisions in a manner sufficient to support transparency, accountability, and review consistent with the principles of this code.