Bill: Draft BAR Rendition Act

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CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

FIX THE BAR ASSOCIATION OF REDMONT ACT




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the ‘BAR Rendition Act’
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by BAR Chairperson CreeperTD and Representative _GreyMC.
(4) This Act has been sponsored by Representative _GreyMC and co-sponsored by [Co-Sponsor Name].
(5) This Act amends the following act:
(a) Bar Association of Redmont Act
(b) Judicial Standards Act

2. Reasons and Intent

(1) The current BAR Act contains various errors and is badly written, which makes some parts of the act confusing, or puts into law absurd provisions. This act has been requested by the BAR Chairperson for the better of the BAR.
(2) This act also amends the JSA to allow the DoS to request conduct strikes to determine if a candidate running is ineligible due to acquiring two conduct strikes. It also amends the JSA for another purpose, to make suspended individuals unable to practice law in cases they were counsel before, which they could have before this amendment.

Part II – AMENDMENTS

1. Bar Association of Redmont Act

(1) Part I §3(1)(a-b) of the Bar Association of Redmont Act shall be amended as follows:

(a) Active Membership. Means all members of the RBA who are currently in good standing.Means all members of the BAR who are currently in Good Standing and have at least 6 hours of playtime in the last 30 days, that are also not deported.

(2) Part IV §1(2)(d) of the Bar Association of Redmont Act shall be amended as follows:

(d) Hold no additional powers beyond those held by other Councillors, as stated in Section 2.

(3) Part IV §1(3) of the Bar Association of Redmont Act shall be amended as follows:

(3) The Chairperson may be removed from the role of Chairperson, without losing their Council seat, by a unanimousmajority vote of the remaining Councillors.

(4) Part IV §1(7) of the Bar Association of Redmont Act shall be amended as follows:

(7) Only members of the BAR in good standing may run for and hold a position on the Council.
(7) In order to run for and hold the position of BAR Councillor, an individual must fulfill the following requirements:
(a) Is a member of the RBA in good standing.
(b) Has accrued a minimum of 6 hours playtime in the past 30 days
(c) Holds the qualification of Attorney

(5) Part IV §2(2) of the Bar Association of Redmont Act shall be amended as follows:

(2) All decisions of the Council shall be passed by a simple majority of all sitting Councillors unless otherwise stated in this act.

(6) Part IV §2(7) of the Bar Association of Redmont Act shall be amended as follows:

(7) All decisions of the Council, including rules, disciplinary outcomes, and election results, shall be published publicly without undue delay unless otherwise stated by a public policy of the BAR.

(7) Part IV §2(8) of the Bar Association of Redmont Act shall be amended as follows:

(8) Councillors shall, in the exercise of their duties, endeavour to:
(a) Act in the interests of the BAR, the legal profession, and all citizens who rely on the legal field as a whole, rather than in the interests of any political party, faction, or individual;
(b) Minimise political conduct and campaigning in the exercise of their duties as Councillors; and
(c) Approach matters before the Council with impartiality and objectivity.; and
(d) Maintain basic civility and respect towards their fellow councillors.

(8) Part IV §2(9) of the Bar Association of Redmont Act shall be amended as follows:

(9) Nothing in subsection (8) Subsections 8(a) and 8(b) shall not be construed as limiting the constitutional rights of Councillors, including the freedom of political communication. Subsection (8) sets out a professional standard of conduct expected of Councillors, and not a legally enforceable restriction on their constitutional rights.

(9) Part IV §3(2) of the Bar Association of Redmont Act shall be amended as follows:

(2) Eligibility.
(a) Only members of the RBA in good standing may vote in RBA elections. Not compatible with plugin.
(a) All eligible members shall be given an equal vote.
(b) No member of the BAR, including members of the Judicial Branch, may be barred from voting in an BAR election, except as defined in this subsection.
(c) All votes must have at least 6 hours playtime in the last 30 days.

(10) Part IV §3(4)(a) of the Bar Association of Redmont Act shall be amended as follows:

(a) Declaration Period. A 48-hour period during which candidates may declare their intention to stand, commencing on the first day of the election month.
(i) The Department of State should contact the Department of Homeland Security during this period to make sure declared candidates are not disbarred or have accumulated two active conduct strikes.

(11) Part IV §3(8)(c) of the Bar Association of Redmont Act shall be amended as follows:

(c) The Council may, by unanimous vote simple majority vote, adopt alternative procedures for the election of the Chairperson, provided that:
(i) The procedure is published in the BAR forum before it takes effect; and
(ii) The procedure ensures the Chairperson is elected by the Council, from among its five respective members.

(12) The following shall be enumerated as Part IV §3(9) of the Bar Association of Redmont Act:

(9) Referendum. The DOS shall open a referendum vote which shall last for 48 hours within 48 hours of notification from the BAR council of a petition meeting the requirements outlined in §5(2).

(13) Part IV §5(1)(a) of the Bar Association of Redmont Act shall be amended as follows:

(a) A unanimous vote of the remaining Councillors, where the Councillor has been found to have engaged in conduct warranting sanction under Part V of this Act, or, by a simple majority of the remaining councillors, if the councillor has failed to vote on motions for a period of 1 month without a formal leave of absence; or

(14) Part V §2(6) of the Bar Association of Redmont Act shall be amended as follows:

(6) Any person who has been disbarred or suspended through proceedings initiated by the RBABAR or otherwise may appeal the decision to the and represent himself themself pro se provided he has they have the respective legal rank to practice in that court. The disbarred individual may not self represent in any legal proceedings other than in their own disbarment appeal.

(15) Part VII §1(2) of the Bar Association of Redmont Act shall be amended as follows:

(d) Maintain records of all qualified legal practitioners which shall be made available to the BAR council upon request.

(16) Part VIII §1(1)(b) of the Bar Association of Redmont Act shall be amended as follows:

(b) They are under the direct supervision of an Attorney-ranked practitioner individual employed at that law firm holding the legal qualification of attorney who is in good standing; and

(17) Part VIII §1(2-3) of the Bar Association of Redmont Act shall be amended as follows:

(2) A licensed legal practitioner of any rank may give legal advice without restriction, and is immune from Legal Qualification Fraud or Legal Malpractice when:
(a) They are employed by or contracted to a law firm;
(b) They are under the direct supervision of an Attorney-ranked practitioner individual employed at that law firm holding the legal qualification of attorney who is in good standing; and
(c) The supervising Attorney assumes responsibility for their work.

(3) The supervising Attorney must:
(i) Be formally declared the lead council via the court thread for the case in question
(i) (ii) Review and approve all court filings;
(ii) (iii) Be present for in-game court appearances and oversee forum posts; and
(iii) (iv) Maintain ultimate responsibility for the case.

(18) Part VIII §2(1)(c) of the Bar Association of Redmont Act shall be amended as follows:

(c) Supervised by a Department superior who possesses the Attorney rank qualification.

(19) Part VIII §2(2)(c) of the Bar Association of Redmont Act shall be amended as follows:

(c) Overseen by a Department superior who possesses the rank qualification.

2. Judicial Standards Act

(1) Part VII §2(3)(b) of the Judicial Standards Act shall be amended as follows:

(b) May continue to practice law in any case where the lawyer filed an appearance before being issued a third conduct strike.
(b) must withdraw themselves from any case they are counsel in. Should new counsel be needed because of the withdrawal, the presiding officer shall toll deadlines under their discretion until new counsel can be found.

(2) Part VII §4(2) of the Judicial Standards Act shall be amended as follows:

(2) The Department of Homeland Security must provide any information held under this section to the Court on request from a Judicial Officer, the Department of State concerning a BAR election, or the BAR Council.