Rescinded Modern Legal Board Act

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  • Total voters
    13
  • Poll closed .

FracturedGhast7

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FracturedGhast7
FracturedGhast7
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Jun 2, 2021
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38
A
BILL
To


Rewrite the Legal Board Act

The people of DemocracyCraft, 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:

1 - Short Title and Enactment
(1) This Act may be cited as the “Modern Legal Board Act”
(2) This Act shall be enacted immediately upon passage and Presidential assent.
(3) This Act has been authored by RBA Chairman AlexanderLove
(4) The Act has been co-sponsored by: Representative Bubba_Tea_

2 - Reasons
(1) To adhere to the verdict established in Case No. 11-2021-05-01.
(2) To repeal and replace the Legal Board Act in order to remove disbarments and reassign them to the Courts.

3 - Repealing the Legal Board Act
(1) The Legal Board Act and all of its amendments shall be hereby repealed.

4 - The Redmont Bar Association
(1) A state organization shall hereby be ordained and established, and legally regulated, by this law.
(2) This organization shall be called and hereby known as the Redmont Bar Association.
(3) It shall be responsible for licensing lawyers, advising the Government on matters pertaining to the legal profession, managing the use of public defenders, and providing resources to all lawyers for the universal betterment of their careers.

5 - Organization of the Association
(1) The Board shall consist of all lawyers.
(2) Lawyers consist of all persons holding the solicitor, barrister, or attorney job, not including those disbarred in a Court of Law. This definition shall apply to every instance of the word “lawyer” in legislation.
(3) The Board shall be managed and led by an elected Council of four.
(4) The Board and Council shall be overseen by an elected Chairperson.

6 - The Council and Chairperson
(1) The Council shall consist of four elected barristers and/or attorneys, elected for a period of two months.
(2) The Council shall be responsible for enacting, amending, and repealing RBA policy, as well as overseeing the Public Defender Program and all other RBA programs.
(3) The Chairperson shall be an elected attorney, elected for a period of two months.
(4) The Chairperson shall act as the Speaker of the Redmont Bar Association, appoint all RBA officers and committee Chairpersons, and directly supervise all RBA programs. The Chairperson shall also maintain order and decorum within the RBA council as well as represent the RBA in court if necessary. The chairperson may also designate another lawyer to represent the RBA in court, provided that the chairperson and designee both agree. The Chairperson shall act as a fifth member of the Council, but may reserve their vote for a tie-breaker.
(5) The Department of State shall manage the elections for the Council and the Chairperson in a fair and impartial manner.
(6) Only lawyers may be allowed to vote in RBA elections. All lawyers shall be given an equal vote, and no lawyer, including members of the Judicial Branch, shall be barred from voting in an RBA election.
(7) The current RBA Council and Chairman shall hold their offices until January 20th, 2022.

7 - Legal Licenses
(1) Only persons qualified by the Redmont Bar Association may practice law and be certified as a lawyer. This qualification shall exist, by default, in the form of a test or series of tests taken at the university to award one of three qualifications: solicitor, barrister, or attorney.
(2) The Redmont Bar Association may add additional requirements or modify the entry exam in conjunction with the Department of Education & Commerce.
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer after an investigation and majority vote of the RBA Council including the RBA Chairperson. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
(4) Practicing licenses shall not be revoked for a period of more than three months. Once a practicing license is restored, the corresponding lawyer must meet all then-current entry requirements as specified in clauses one and two of this section.

8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers shall not be held liable for conspiracy or acting as an accessory to a crime when it is in connection with matters protected by attorney-client privilege.
(4) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.

9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.

10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $50 and no more than $250 per case.

11 - Prosecutors
(1) Prosecutors, who must be attorneys, shall be managed by the Attorney General.
(2) Payment for cases will be a flat-rate commission specified by the Attorney General. For particularly complex cases, a further amount may be awarded at the discretion of the Attorney General. Funding will be issued from the Attorney General Government account.
(3) Prosecutors may be assigned any case within a criminal jurisdiction, or at the direction of the Attorney General in relation to Government-party non-criminal cases.
(4) The recruitment process for the Prosecutor team will be handled by the Attorney General, at his/her discretion. Prosecutors may be dismissed at the discretion of the Attorney General, provided that there is a justifiable reason for this dismissal.
(5) Prosecutors will be allocated work at the discretion of the Attorney General.

12 - Appropriations
(1) The Redmont Bar Association shall be entitled to appropriations from the Commonwealth of Redmont to fund the Public Defender Program as well as other programs the RBA may establish.
(2) The Redmont Bar Association may not spend money allocated to the Public Defender Program on other items. Any Councilmember, including the Chairperson, who authorizes this illicit spending shall be guilty of corruption.
(3) The Redmont Bar Association must be appropriated an amount of money sufficient enough to cover the payment for all Public Defenders. The Redmont Bar Association should always be given enough money to be able to fund 10 Public Defenders at the maximum rate at any given time, and this money shall be kept in the Redmont Treasury until it is needed. An amount enough to cover the payment of a Public Defender shall then be transferred to the Redmont Bar Association when necessary.
(4) Congress shall, upon their discretion, appropriate money to the Redmont Bar Association so that they may fund their other programs and pay their staff. Neither the Chairperson nor the Councilors shall be allowed to pay themselves with appropriations. Any Councilmember, including the Chairperson, who authorizes this illicit spending shall be guilty of corruption.
 
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AMENDMENT
Senate Vote: 4-0-0
House Vote: 7-0-0

Section 7, titled "Legal Licenses" is hereby amended as follows:
"7 - Legal Licenses
(1) Only persons qualified by the Redmont Bar Association may practice law and be certified as a lawyer. This qualification shall exist, by default, in the form of a test or series of tests taken at the university to award one of three qualifications: solicitor, barrister, or attorney.
(2) The Redmont Bar Association may add additional requirements or modify the entry exam"

Changes to:

"7 - Legal Licenses
(1) Only persons qualified by the Redmont Bar Association may practice law and be certified as a lawyer. This qualification shall exist, by default, in the form of a test or series of tests taken at the university to award one of three qualifications: solicitor, barrister, or attorney.
(2) The Redmont Bar Association may add additional requirements or modify the entry exam in conjunction with the Department of Education & Commerce."
 

Presidential Assent

This bill has been granted presidential assent and is hereby signed into law.

 
House Vote: 10-1-0
Senate Vote: 6-0-0





A
BILL
To

Give the RBA Autonomy to Represent Themselves

The people of Democracy Craft, 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:

1 - Short Title and Enactment
(1) This Act may be cited as the “RBA Legal Autonomy Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: MilkCrack

2 - Reasons
  1. Provide the RBA with the ability to represent themselves in court.
    1. Done via Chairperson, or attorney appointed by the Chairperson of the RBA.

3 - Terms
  1. The Modern Legal Board Act shall be amended as followed:

Section 6.4 : The Chairperson shall act as the Speaker of the Redmont Bar Association, appoint all RBA officers and committee Chairpersons, and directly supervise all RBA programs. The Chairperson shall also maintain order and decorum within the RBA council. The Chairperson shall act as a fifth member of the Council, but may reserve their vote for a tie-breaker.

Changes to:

Section 6.4*: The Chairperson shall act as the Speaker of the Redmont Bar Association, appoint all RBA officers and committee Chairpersons, and directly supervise all RBA programs. The Chairperson shall also maintain order and decorum within the RBA council as well as represent the RBA in court if necessary. The chairperson may also designate another lawyer to represent the RBA in court, provided that the chairperson and designee both agree. The Chairperson shall act as a fifth member of the Council, but may reserve their vote for a tie-breaker.


 
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Presidential Assent

This bill has been granted presidential assent and is hereby signed into law.

 
House Vote: 6-4-0
Senate Vote: 6-0-0

A
BILL
To


Amend the Modern Legal Board Act

The people of Democracy Craft, 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:

1 - Short Title and Enactment
(1) This Act may be cited as the “Milqy Legal Board Amendment”.
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Senator Milqy
(4) This Act has been authored by: Representative LiLSumoVert

2 - Reasons
  1. For too long the Redmont Bar Association has had little to no purpose within the legal field.
  2. The role of the Redmont Bar Association is to facilitate the Legal Profession and without this power, the RBA can not do what it was created to do.
  3. The power to Investigate and Disbar members of the Legal Community is one of the biggest functions the RBA was invested with

3 - Terms
  1. The Modern Legal Board Act shall be amended as followed:

7.3 The Federal Court of Redmont shall be permitted to revoke the practicing license of a lawyer upon prosecution by the Redmont Bar Association, which shall be represented by the Chairperson of the RBA, when the lawyer has breached attorney-client privilege, files an excessive amount of frivolous cases in a relatively short time frame, or egregiously breaches the values and ethics of the Court room such as attempting to bribe a Court official or attempting to intimidate an opposing party.

Changes To:

7.3 The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer after an investigation and majority vote of the RBA Council including the RBA Chairperson. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
 
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Presidential Assent

This bill has been granted assent and is hereby signed into law.

 
House Vote: 7-2-2
Senate Vote: 4-2-0

A
BILL
To

Amend the MLBA​

The people of Democracy Craft, 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:

1 - Short Title and Enactment
(1) This Act may be cited as the 'RBA Reform Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Senator f6rn, Sen. Milqy, Rep. Aezal
(4) The Act has been written by RBA Chairman Aladeen


2 - Reasons

Since its creation, the RBA has had a numerous amount of flaws that no one cared to fix. This bill will help us amend not only this association but the legal community by punishing people that break the Attorney-Client Privilege and making the RBA accountable.

3 - The Modern Legal Board Act shall be amended as followed:

From:

8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers shall not be held liable for conspiracy or acting as an accessory to a crime when it is in connection with matters protected by attorney-client privilege.
(4) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.

9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.

10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $50 and no more than $250 per case.

7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer after an investigation and majority vote of the RBA Council including the RBA Chairperson. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
(4) Practicing licenses shall not be revoked for a period of more than three months. Once a practicing license is restored, the corresponding lawyer must meet all then-current entry requirements as specified in clauses one and two of this section
.


To:


8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers shall not be held liable for conspiracy or acting as an accessory to a crime when it is in connection with matters protected by attorney-client privilege.
(4) New Law to be added in ‘’17.0 - Miscellaneous Laws’’

17.21 - Breaking Attorney-Client Privilege
Disclosing discussions of a client without their written permission.
First offense: $5000 - 5 minutes
Second offense: $6500 10 minutes of jail
Third offense and beyond: Courts may order up to $20000 with $7500 being the minimum, and 20 minutes jail

9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.
(4) If a recall vote fails against either a Councillor or the Chairperson there shall be a 2 week cooldown until a recall can be proposed again against the same individual.

7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer throughout a lawsuit once a majority of the Council, including the Chairman votes. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.

10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $250 and no more than $500 per case.


11 - Accountability within committees
The committees in the RBA are one of the most important things in the institution since one decides if a lawyer is being ethical and the other one helpes new and old lawyers maximise their potential. Thats why securing that the members of such committees are engaged with the game is very important.
For a Barrister, Solicitor or Attorney to be in any committee of the RBA they must have 6 hours in the past 30 days.
 
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Aye - but please make sure you amend the bolding to reflect what has been added to the law in this bill.

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Presidential Assent

This bill has been granted assent and is hereby signed into law. PLEASE FIX THE FORMATTING THO

 
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