Vetoed 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 Representative Rorroh.
(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, have 6 hours of active playtime in the last 30 days, and are 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 an active member of the RBA in good standing; and
(b) Holds a valid passport issued by the Department of State; and
(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.
(2) All decisions of the Council shall pass with a simple majority, unless otherwise provided by law, of ayes out of all non-abstention votes cast, and will be rejected with a simple majority, unless otherwise provided by law, of nays out of all non-abstention votes cast.

(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 with a valid passport.

(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 nor 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.

 

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Votes prior to passage of H-29/39

 

[xXTheoryXx]

Veto

PRESIDENTIAL VETO​

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This Act makes nineteen amendments to the Bar Association of Redmont Act and two to the Judicial Standards Act, presented at Section 2(1) as the correction of "various errors" in an Act that is "badly written."

A good deal of it is exactly that. Part V §2(6) of the BAR Act currently reads "may appeal the decision to the and represent himself pro se," which is not a sentence, and this Act repairs it. The dead paragraph at Part IV §3(2)(a) carrying the note "Not compatible with plugin" is properly removed. The confusion between legal "rank" and legal "qualification" at Part VIII §2 is properly resolved. And I note that the amendment at Part II §1(3), lowering the threshold to remove the Chairperson from unanimity to a majority, runs against the interest of the Chairperson who co-authored this Act. That is to his credit and I record it.

I withhold assent for five reasons.

First, the amendment at Part II §1(14) provides that "The disbarred individual may not self represent in any legal proceedings other than in their own disbarment appeal." Disbarment is defined at Part I §3(1)(b) of the BAR Act as the loss of the power to advise clients, represent a party in court, and file cases on a client's behalf. It is the withdrawal of a licence to act for other people. It is not, and should not become, the withdrawal of a citizen's ability to answer a case brought against them. Under this provision a disbarred person sued in the District Court, or prosecuted by the Commonwealth, could not stand up on their own behalf. Section 35(9) of the Constitution guarantees every citizen a fair trial and the assistance of counsel for their defence, Section 35(7) provides that rights cannot be withheld on the basis of criminality, and Section 35(13) guarantees equal protection and equal benefit of the law. I will not sign a provision that leaves a citizen unable to defend themselves because of a professional sanction imposed in an unrelated matter. I note further that the provision says "disbarred individual" while the subsection it sits in governs persons "disbarred or suspended," so its reach is unclear even on its own terms.

Second, the amendment at Part II §1(8) leaves Part IV §2(9) of the BAR Act contradicting itself inside two sentences. As amended, the first sentence provides that subsections 8(a) and 8(b) shall not be construed as limiting the constitutional rights of Councillors. The second sentence, untouched, provides that "Subsection (8) sets out a professional standard of conduct expected of Councillors, and not a legally enforceable restriction on their constitutional rights," and applies to all of subsection (8). One sentence withdraws the protection from 8(c) and 8(d) and the next restores it. Beyond the contradiction, I am not persuaded of the purpose. The effect intended appears to be that impartiality and the newly added civility standard become enforceable, which routes a Councillor who is discourteous to a colleague into Part V investigation and, at the far end, disbarment proceedings before the Federal Court. Section 35(6) of the Constitution protects freedom of political communication. A savings clause protecting it should not be narrowed by half a line in a corrections bill.

Third, the amendment at Part II §1(4) confines candidacy for the BAR Council to holders of the Attorney qualification. Under Part VI §4(1)(b) of the BAR Act the Attorney qualification requires completion of every current specialisation examination. Solicitors and Barristers, who are the great majority of the profession, would be governed by a Council on which they may not sit. That is a change of character in a body the founding Act describes at its Section 2(4) as "an association of the lawyers, by the lawyers, for the lawyers," and it appears nowhere in the Reasons and Intent. It also carries a practical risk. The same Act narrows active membership to those with six hours of playtime in the last thirty days who are not deported, and candidacy requires active membership, good standing, a valid passport and the Attorney qualification together. The Council has five seats. There is no provision anywhere in the Act for what happens if fewer than five people satisfy all four conditions at once. A governing body that can become unfillable should not be created without a fallback.

Fourth, two amendments together weaken the Council's own accountability. The amendment at Part II §1(5) replaces a majority of all sitting Councillors with a majority of ayes among non-abstention votes cast. Quorum under Part IV §2(3) is three Councillors present and voting. Three present, two abstaining and one aye would carry a motion of the Council on a single vote. That is a lower threshold than the Act has ever set and I do not believe it is what was intended. The amendment at Part II §1(6) then permits the statutory duty to publish all decisions of the Council, "including rules, disciplinary outcomes, and election results," to be displaced "unless otherwise stated by a public policy of the BAR." That hands a body the power to decide by its own policy how much of its own conduct the public sees, with no criteria, no floor and no review, and it sits awkwardly beside Part II §2(2), which this Act does not amend and which still requires motions, votes and all disciplinary findings to be published on the forum.

Fifth, the corrections themselves contain errors of the class the Act exists to remove. The new referendum provision at Part II §1(12) refers to "a petition meeting the requirements outlined in §5(2)." The petition requirement is at Part IV §5(1)(b). Section 5(2) is the one term election ban. The amendment to the Judicial Standards Act at Part II §2(2) reads, as amended, that 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," which directs that where the Department of State asks, the Court receives. And the new Part IV §3(4)(a)(i) directs the Department of State to confirm with Homeland Security that candidates are "not disbarred nor have accumulated two active conduct strikes," using the word "should" rather than "shall," and asking for a record Homeland Security is not required to hold. Part VII §4(1) of the Judicial Standards Act obliges that Department to keep records of conduct strikes, suspensions and reviews. Disbarment is ordered by the Federal Court under Part V §2(1) of the BAR Act and appears nowhere on that list. The channel this Act opens does not carry the information it directs the Department of State to seek through it.

I record the following for Congress, for the Council of the BAR, and for the Office of Congressional Affairs.

Several amendments leave the provisions around them broken. Part II §1(2) deletes the words "as stated in Section 2" from Part IV §1(2)(d), which converts a qualified statement into an absolute one that the Act immediately contradicts, since the Chairperson holds the casting vote under §1(2)(c) and manages the forum, the funds and the headquarters under Part II §§2(3), 3(2) and 4(2). Part II §1(17) removes immunity from Legal Qualification Fraud in the same sentence that permits a supervised practitioner to give legal advice "without restriction," and no reason for the removal is given. The new supervision requirement at Part VIII §1(3)(i) requires the supervising Attorney to be declared lead counsel "via the court thread for the case in question," but §1(3) governs the advice limb at §1(2) as well, where there is no case and no thread. Part II §1(18) and §1(19) replace "rank" with "qualification" but leave Part VIII §2(2)(c) reading "a Department superior who possesses the qualification," which of the three qualifications being unstated. And the amendment to Part VII §2(3) of the Judicial Standards Act replaces the contrasting limb of a sentence while leaving the word "but" standing at the end of paragraph (a).

Several provisions rely on machinery that does not exist. Part II §1(13) exempts a Councillor who holds "a formal leave of absence," and the BAR Act establishes no leave of absence. That same amendment places removal for failing to vote inside Part IV §5(1)(a), with the consequence that a Councillor removed for a month of inattendance is caught by §5(2) and barred from standing for a full term, the same penalty as one removed for misconduct. Part II §1(12) makes the recall referendum depend on "notification from the BAR council," which places the body subject to recall in control of whether the recall proceeds, with no deadline and no alternative route. And the threshold it feeds, two thirds of the entire active membership under §5(1)(b) rather than of votes cast, is unlikely to be reached in a forty eight hour ballot in any event.

On drafting, Part II §1(1) is cited as amending "Part I §3(1)(a-b)" while only paragraph (a) is reproduced or changed. Part II §1(4) reintroduces "RBA" into the Act at the same time as Part II §1(14) removes it. The new Part IV §3(2)(c) provides that "All votes must have at least 6 hours playtime," which is a quality votes do not possess. The new Part VIII §1(3)(i) reads "lead council" for lead counsel. The tolling direction in the Judicial Standards Act amendment reads "shall toll deadlines under their discretion," which is mandatory and discretionary at once, and sets no outer limit on a stay that runs "until new counsel can be found." The Act also leaves three different eligibility standards in place, since active membership requires good standing, playtime and non-deportation, candidacy requires those plus a passport and the Attorney qualification, and voting under the new §3(2)(c) requires playtime and a passport but not good standing. If a disbarred member is meant to keep the vote, the Act should say so deliberately rather than by omission.

I record one point of principle. When I assented to the recent Act correcting the Property Lien Act and the Civil Code, I noted that a policy change had been carried inside a bill titled as minor corrections, and asked that such changes be presented as what they are. This Act carries at least five: the restriction of candidacy to Attorneys, the displacement of the publication duty by BAR policy, the narrowing of the constitutional savings clause, the bar on self-representation, and the removal of Legal Qualification Fraud immunity. None appears in the Reasons and Intent. A corrections bill draws less scrutiny in both chambers precisely because it claims to change nothing, and that is why what it carries must be declared.

A redraft that keeps the repairs, drops the bar on self-representation, states plainly in the Reasons and Intent any change of policy it intends, corrects the cross-reference to §5(1)(b) and the direction of disclosure in the Judicial Standards Act, and either removes the Attorney requirement for candidacy or provides for what happens when the Council cannot be filled, will have my assent, and I would like to see it back quickly. The BAR should not be left waiting on an Act it asked for because of defects that can be fixed in an afternoon.

My thanks to BAR Chairperson CreeperTD and Representative _GreyMC for authoring this Act, to Representative _GreyMC for sponsoring it, and to Representative Rorroh for co-sponsoring. The Council was right to ask Congress to clean up its founding Act and most of this work is sound.

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This bill has been vetoed and is hereby returned to the Congress.

Theory Fontaine
30th President of the Commonwealth of Redmont​