Rescinded Fix the BAR Act

[greymc]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

AMEND AND 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 ‘Fix the BAR Act’

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by BAR Councilor CreeperTD.

(4) This Act has been co-sponsored by Representative HatManMC.

(5) This Act amends the following acts:

(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.

(2) Members of the current BAR Council wish for improvements to be made to the BAR Act.

(3) This act will require all candidates for the BAR Council to both hold the legal qualification of attorney and to have 6 hours of playtime in the last 30 days, which will ensure that those running for the BAR Council are not only active, but also hold the highest level of legal qualification in Redmont, improving the quality of candidates. This does not unfairly exclude anyone from running for the BAR Council, as the attorney exam is open to everyone at all times, and anyone who can pass that exam is able to hold the qualification, and therefore is able to run for the BAR Council.

(4) The definition of Active Membership is changed so that the number of “active members” better reflects the number of active lawyers in Redmont than the current definition. Due to the previous owner veto, BAR members who are not in good standing will still be allowed to vote, as the current plugin does not allow for those individuals to be prevented from voting.

(5) Replacing the unattainable requirements of a supermajority vote of at least 2/3 of the active membership to remove a councillor, the act will now only require a supermajority vote by at least the same number of voters that voted in the latest general election for the BAR Council.

(6) The removal of a Chairperson no longer requires a unanimous vote but instead a simple majority of all councillors, which still requires 3 of the 4 members able to vote on the matter to do so. Removing a councillor for misconduct still requires a unanimous vote, but councillors may be removed by simple majority for inactivity.

(7) There are multiple additions to prevent inactive councillors from hampering the operations of the BAR, including a provision to allow for the removal of a councillor for inactivity, a definition of a Leave of Absence which allows councillors to go on leave without hampering the BAR, and requiring all candidates to have a minimum of 6 hours playtime.

(8) Individuals who are disbarred or suspended shall no longer be able to represent other clients in court upon their suspension, and they will only be able to represent themselves pro se for the purposes of defending themselves in court, and to appeal the decision of their own disbarment proceedings. This will prevent those disbarred for actively harming others through their conduct in the courts from continuing to do so after their suspension or disbarment.

(9) The immunity from Legal Qualification Fraud is removed from Part VIII §1(2) because being supervised by a qualified attorney does not prevent an individual from being able to “intentionally misrepresent… their legal credentials, qualifications, or rank, or engage… in the practice of law without a valid legal qualification,” as calling oneself a fully qualified attorney when one is, in fact, a Solicitor, even while being supervised by an individual who is qualified as an attorney, still meets the definition of the offense in the CCA. The same applies for the second part of the definition: one is not allowed to be supervised unless they are a “licensed legal practitioner,” so making them immune to a crime which they cannot commit is pointless.

(10) This act both fixes errors that existed in the previous act, while also making changes to allow for a better BAR.

(11) The Judicial Standards Act is amended to bring it in line with the changes made to the BAR Act, including requirements for the Department of Homeland Security to keep track of individuals that have been disbarred, and that they must share the information about punishments for lawyer misconduct with not only the courts, but with the Department of State and the BAR Council. The JSA is also amended to impose the same restrictions required by the amendments to the BAR Act on individuals who have been disbarred, and also extending those restrictions to those that have been suspended due to accruing 3 active conduct strikes.

Part II – Amendments

1. Amendments to the Bar Association of Redmont Act

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

(a) Active Membership. Means all members of the BAR 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 who are not deported.

(2) The following will be added to the end of Part I §3(1) of the BAR Act:
(f) Leave of Absence. Means a public notice made by a BAR Councillor which is formally announced via the forums or #press-releases in the BAR discord server. The BAR Council may impose additional requirements for a Leave of Absence through BAR policies.

(2) Part III §2(4) of the BAR Act is to be amended as follows:

(4) Good standing shall be restored automatically where:
(a) The period of disbarment imposed under Part V of this Act expires; or
(b) The member's number of active conduct strikes fallfalls below two.

(3) Part IV §1(2) of the BAR Act is to be amended as follows:

(2) The Council shall elect from among its members a Chairperson, who shall:
(a) Act as first among equals and spokesperson for the BAR;
(b) Represent the BAR in public communications;
(c) Cast the deciding vote in the event of a tied Council vote; and
(d) Hold no additional powers beyond those held by other Councillors, as stated in Section 2 other than those provided for by this section.

(4) Part IV §1(3) of the BAR Act is to be amended as follows:

(3) The Chairperson may be removed from the role of Chairperson, without losing their Council seat, by a unanimous vote of the remaining Councillors a majority vote of the remaining Councillors in the affirmative, excepting any on leave of absence as defined in this act.

(5) Part IV §1(7) of the BAR Act is to 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 BAR in good standing.
(b) Has accrued a minimum of 6 hours playtime in the past 30 days.
(c) Holds the qualification of Attorney.

(6) Part IV §2(2-3) of the BAR Act is to be amended as follows:

(2) All decisions of the Council shall be passed by a simple majority vote of all sitting Councillors unless otherwise stated in this act. Should a motion fail to reach a simple majority, it shall fail.

(3) Quorum A minimum of three Councillors must be present and voting for any decision of the Council to be valid.
(a) Where a quorum cannot be met, the matter shall be deferred until a quorum is available.
(b) Where a Councillor is recused from a particular matter under subsection (6), they shall not count towards quorum for that matter.
(c) A Councillor who abstains on a motion will count towards quorum for the purposes of this act, and the majority will be decided based on the total number of those who have voted either in favour or against.
(i) Decisions that require a unanimous vote shall only be valid if all members not otherwise excluded from voting on said decision by this act vote in the affirmative; councillors shall not be permitted to abstain on votes requiring a unanimous decision.
(d) A motion must have a minimum of two affirmative votes in order for it to pass.

(7) Part IV §2(7-9) of the BAR Act is to be amended as follows:

(7) All decisions of the Council, including rules, disciplinary outcomes, and election results, shall be published publicly without undue delay. The BAR Council shall not be required to publish decisions which:
(a) open or close investigations;
(b) issue private warnings; or
(c) would require the publication of material protected by the Privacy Act.

(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.

(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.

(8) Part IV §3(2-4) of the BAR Act is to be amended as follows:

(2) Eligibility.
(b)(a) All eligible members shall be given an equal vote, regardless of whether or not they have good standing.
(c)(b) No member of the BAR, including members of the Judicial Branch, may be barred from voting in an a BAR election, except as otherwise stated in this act.
(c) All voters must have a minimum of 6 hours playtime in the past 30 days.

(3) Voting System. BAR Council elections shall be conducted using the Single Transferable Vote (STV) system as defined in the Electoral Act.

(4) Election Timeline. Council elections shall be held in January, May, and September of each year, and shall follow the following timeline:
(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 shall contact the Department of Homeland Security during this period to make sure declared candidates are not disbarred nor have accumulated two active conduct strikes.
(ii) If at the end of the Declarations period, it is found that less than 5 eligible candidates have been declared, the Department of State shall extend the declaration period by 24 hours and allow those who hold the qualification of Barrister to declare candidacy for the election.
(b) Voting Period. A 48-hour period immediately following the close of declarations during which members may cast their votes.
(c) Referendum Timeline. The Department of State shall open a referendum vote which shall last for 48 hours after the BAR Council has informed them of a petition meeting the requirements outlined in §5(1)(b).
(i) The BAR Council shall be required to inform the Department of State within 48 hours of receiving a petition meeting the requirements in §5(1)(b) of this act and the entirety of the Council having been notified of it.
(c) (d) Announcement Period. Results shall be released at the earliest opportunity following the close of the voting period.
(d) (e) The incoming Council shall take their seats immediately upon the announcement of results, at which point the outgoing Council's term shall end.

(9) Part IV §3(8)(c) of the BAR Act is to 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.

(10) Part IV §3(5) of the BAR Act is to be amended as follows:

5. Removal of Councillors

(1) A Councillor may can be removed by:
(a) A unanimous vote of the remaining Councillors, excepting any on leave of absence as defined in this act, where the Councillor has been found to have engaged in conduct warranting sanction under Part V of this Act; or
(b) If the councillor has failed to vote on motions for a period of 1 month without a formal leave of absence as defined in Part I §3(1)(f) of this act, a simple majority vote of the remaining councillors, excepting any on leave of absence; or
(b) A supermajority vote of two-thirds of the active membership of the BAR as a whole, called (c) A referendum voted on by at least the total number of voters in the last BAR Council election that was not a special election, which passes by a supermajority. The referendum shall be called for by a petition signed by at least 25% of the total voters in the prior Council election.

(2) A Councillor removed under subsection (1)(a) may not stand for election to the Council for a period of one Council term following their removal.

(3) A Councillor removed under subsection (1)(b) 1(b) or 1(c) shall not be subject to any restriction on standing for future Council elections by reason of their removal alone.

(11) Part V §2(6) is amended as follows:

(6) Any person who has been disbarred or suspended through proceedings initiated by the BAR 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.
(a) An individual who has been disbarred or suspended may only represent themselves pro se in their own defense and in their own disbarment appeal.

(12) Part VII §1(2) is amended as follows:

(2) The Department of Education must:
(a) Consult with the Council of the BAR before implementing changes to the legal exams;
(b) Provide public notice of any changes to exams or examination requirements;
(c) Ensure examination standards remain consistent with legal practice needs; and
(d) Maintain records of all qualified legal practitioners which shall be made available to the BAR Council upon request.

(13) Part VIII is amended as follows:

1. Supervised Practice

(1) A licensed legal practitioner of any rank may practice in any court 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.

(2) A licensed legal practitioner of any rank may give legal advice without restriction, and is immune from Legal Qualification Fraud or Legal Malpractice, or Legal Qualification Fraud 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 counsel via the court thread for the case in question, if the lawyer is working on a court case
(i) (ii) Review and approve all court filings, legal advice given to clients, or legal documents created for clients;
(ii) (iii) Be present for in-game court appearances and oversee forum posts; and
(iii) (iv) Maintain ultimate responsibility for the case legal advice, or legal documents.

2. Government Legal Practice

(1) Licensed legal practitioners employed by the Department of Justice may practice in any court when they are:
(a) Acting in their official capacity;
(b) Appointed to the case; and
(c) Supervised by a Department superior who possesses the Attorney rank qualification.

(2) Licensed legal practitioners serving as Public Defenders may practice in any court when they are:
(a) Acting in their official capacity;
(b) Appointed to the case; and
(c) Overseen by a Department superior who possesses the rank Attorney qualification.

2. Amendments to the Judicial Standards Act

(1) Part VII §2(3) of the Judicial Standards Act shall be amended as follows:
(3) A lawyer who is suspended under this section or under Part V, Section 2 of the BAR Act:
(a) Is temporarily disbarred and shall lose the power to advise clients, represent a party in court, and file cases on a client’s behalf; but and
(b) May continue to practice law in any case where the lawyer filed an appearance before being issued a third conduct strike.
(b) Shall withdraw themselves from any case in which they are representing another client. Should new counsel be needed because of the withdrawal, the presiding officer shall toll deadlines for a period no longer than 14 days until new counsel can be found; but
(c) May continue to represent themselves pro se provided that they only do so to defend themselves in court, or to appeal the result of their own disbarment proceedings.

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

4. Record Keeping
(1) The Department of Homeland Security must keep a record of:
(a) Every conduct strike issued under Section 1;
(b) Every suspension imposed under Section 2; and
(c) Every review considered under Section 3.
(d) Every disbarment imposed under Part V, Section 2 of the BAR Act.

(2) The Department of Homeland Security must provide any information held under this section to the Court on request from a Judicial Officer.
(2) The Department of Homeland Security must provide any information held under this section to:
(a) the Court on request from a Judicial Officer;
(b) the Department of State for the purposes of determining eligibility for BAR Council elections; and
(c) the BAR Council upon request.

 

[greymc]

Rescinded because it was vetoed, oops!