Act of Congress Super Modern Legal Board Act

[Bibsfi4a]

A
BILL
To

Modernize the Redmont Bar Association

The people of DemocracyCraft, through their elected Representatives in 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 “Super Modern Legal Board Act.”
(2) This Act shall be enacted immediately upon passage and Presidential assent.
(3) This bill has been authored by: Dartanman and bibsfi4a
(4) This bill has been proposed by: bibsfi4a
(5) This bill has been co-sponsored by: RandomIntruder.

2 - Reasons
(1) The Redmont Bar Association needs to continue performing its duties at a high level.
(2) To prevent the recent conflict regarding the Public Defenders.
(3) To implement the right of everyone to have a legal representation.

3 - Repealing the Even Moderner Legal Board Act
(1) The Even Moderner Legal Board Act and all of its amendments shall be hereby repealed, however this will not bring back the Modern Legal Board Act.

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, or the RBA as an abbreviation.
(3) This organization shall be tasked with the following duties:

• Advising the Government on matters pertaining to the legal profession
• Managing the use, payment, and amount of Public Defenders
• Providing resources to better the careers of lawyers
• Ensuring the quality of lawyers and disbarring unethical lawyers through lawsuits

5 - Organization of the Redmont Bar Association
(1) The Redmont Bar Association shall consist of all lawyers
(i) A person is a lawyer if, and only if, they hold the job of Solicitor, Barrister, or Attorney.
(ii) A person who is disbarred in court is not considered a lawyer.
(iii) This definition shall apply throughout the entirety of this bill.
(2) The Redmont Bar Association shall have an elected Council of four, who shall have all the responsibilities required by this legislation.
(3) The Council shall be overseen by an elected Chairperson, who shall have all the responsibilities required by this legislation.

6 - The Council
(1) The Council shall consist of four elected Barristers and/or Attorneys, elected for a period of 2 months.
(2) The Council shall be tasked with the following duties:

• Enacting, amending, and repealing RBA policy through motions
• Overseeing the Public Defender Program
• Overseeing the Legal Education Program
• Overseeing all other committees and programs created by the RBA in the future

(3) In the event a member of the Council has a private interest that may interfere with any particular duty as described above, that particular member may be recused from that particular duty until such time as that private interest will no longer interfere with their duty.
(i) A councilperson may voluntarily recuse themself from a specific duty.
(ii) A councilperson may move to recuse a specific councilperson from a specific duty, and the Chairperson must put this motion up for vote.
(iii) If a councilperson moves to recuse another councilperson, it must reach unanimous consent from the rest of the Council and the Chairperson, except for the councilperson in question in order for recusal to be required.

7 - The Chairperson
(1) The Chairperson shall be an elected Attorney, elected for a period of two months.
(2) The Chairperson shall be tasked with the following duties:

• Appoint RBA Officers and Committee Chairpersons, who supervise RBA programs.
• Maintain order within the RBA Council
• Represent the RBA in court if necessary, or appoint another lawyer to do so.
• Voting on motions if, and only if, it is required elsewhere in this legislation or their vote is a tie-breaking vote
• Act as Speaker of the RBA
• Oversee all programs and committees within the RBA.

(3) In the event the Chairperson has a private interest that may interfere with any particular duty as described above, that particular member may be recused from that particular duty until such time as that private interest will no longer interfere with their duty.
(i) The Chairperson may voluntarily recuse themself from a specific duty.
(ii) A councilperson may move to recuse the Chairperson from a specific duty, and the Chairperson must put this motion up for vote.
(iii) If a councilperson moves to recuse the Chairperson, it must reach unanimous consent from the rest of the Council, except for the Chairperson, in order for the recusal to be required.

8 - Elections
(1) The Department of State shall manage the elections for the Council and the Chairperson in a fair an impartial manner.
(2) Only lawyers may be allowed to vote in RBA elections.
(3) All lawyers shall be given an equal vote.
(4) No lawyers, including members of the Judicial Branch, may be barred from voting in an RBA election.
(5) The current RBA Council and Chairperson’s election will take place immediately after the bill takes effect.

9 - 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.
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer through a lawsuit after an investigation and majority vote of the RBA Council, including the RBA Chairperson. Cause for disbarment are strictly limited to the following:

• Excessively committing perjury
• Breaching Attorney-Client privilege three or more times
• Excessively filing frivolous court cases
• Excessively committing contempt of court

(4) Legal licenses shall not be revoked for a period of more than two months.

10 - Attorney-Client Privilege
(1) Attorney-Client Privilege shall exist as soon as a client engages in a formal discussion with a lawyer or law firm regarding a case, potential case, or other legal matter.
(2) The lawyer or law firm shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers and law firms 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) Law 17.21 - Breaking Attorney-Client Privilege shall be defined as:
“Disclosing discussions of a client without their written permission.”
First offense: $5000 fine and 5 minutes in jail
Second offense: $6500 fine and 10 minutes in jail
Third offense and beyond: Courts may order up to $20000 with $7500 being the minimum, and 20 minutes jail
(5) Clients may also sue the lawyer or law firm that broke Attorney-Client Privilege for any losses that can be proven in court.

11 - Accountability
(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.



12 - The Legal Education Committee and Legal Education Program
(1) The Redmont Bar Association shall permanently maintain a Legal Education Committee and Legal Education Program, which shall be directed by the Legal Education Chairperson, who is selected by the RBA Chairperson.
(2) The Legal Education Program shall offer classes to lawyers for $600 per class.
(3) Legal Instructors shall be hired by the Legal Education Chairperson, however they must be qualified Attorneys, Magistrates, Judges, or Justices.
(4) Legal Instructors may be removed by a simple majority vote of the Legal Education Committee.
(5) Each class shall have a curriculum that Instructors shall follow when teaching classes, in accordance with the “Class Policies” below. The Legal Edu. Chairperson shall propose curriculums for classes to the Legal Education Committee. For 48 hours thereafter, the Legal Education Committee may vote on whether or not to use that curriculum. The curriculum will be imposed if there is a simple majority vote of “Aye.” The Legal Edu. Chairperson may also cancel a vote, resulting in that curriculum not being used.
(6) Legal Instructors shall be tasked with the following responsibilities:

• Teach through the required curriculum
• Provide teachings through a recorded Presentation
• Answer students’ questions pertaining to the class

(7) Legal Instructors shall be paid $600 per student in their class.


13 - The Ethics Committee
(1) The Redmont Bar Association shall permanently maintain an Ethics Committee, which an appointed committee chairperson selected by the Chairperson shall direct.
(2) The Ethics Committee shall investigate lawyers who the committee believes may have committed actions that are sufficient reason for disbarment.
(3) The Ethics Committee shall have a way for anyone to report potential unethical conduct.
(4) Upon completion of an investigation, the Ethics Committee Chairperson shall provide the results of the investigation to the RBA Council.
(i) If the subject of the investigation is a member of the Council, the results do not have to be shared with that member of the council. This includes the RBA Chairperson.
(5) If the Ethics Committee Chairperson is the subject of an investigation, the most senior member of the committee (excluding the committee chairperson) will take the place of the Ethics Committee Chairperson for all duties relating to that particular investigation.

14 - 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.

15- Disbanding the RBA

(1) RBA can be disbanded if super majority of 2/3 of the lawyers present in the RBA discord aye it and a congressional majority is achieved.

 

[Twixted]

Presidential Assent

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

 

[Pugsy]

House vote: 8-0-3
Senate vote: 4-1-0

A
BILL
TO

RESCIND SECTION 12 (PUBLIC DEFENDER PROGRAM) OF THE SUPER MODERN LEGAL BOARD ACT
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:​

1 - Short Title and Enactment
(1) This Act may be cited as the “Fix the Super Modern Legal Board Act”
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: bibsfi4a
(4) This Act has been proposed by: Rep. _Pugsy
(5) This Act has been co-sponsored by: Rep. zLost

2 - Reasons
(1) Section 12 of the Super Modern Legal Board Act, which establishes a Public Defender Program is not needed due to a Public Defender program already being established by the Constitution Section 13 (By the recently made amendment)

3 - Rescission of Section 12
(1) Section 12 of the Super Modern Legal Board Act, which establishes the Public Defender Program, is hereby rescinded and declared null and void.

4 - Enactment
(1) This bill shall come into force immediately upon its signage by the appropriate authorities.
(2) Any provisions of the Super Modern Legal Board Act that conflict with the provisions of this Act shall be deemed null and void.

 

[Twixted]

Presidential Assent

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