Difference between revisions of "51RZ17"

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It amends the following:
El Lexhatx § C, 1.6 repealed
El Lexhatx § C, 2 amended
Lex § G,11 added

Ziu 51st Clark 6th (May 2018)
Sponsored by: Viteu Marcianüs

Cosa.png Cosa: PASSED in the Cosa
PER 149 — CON 0 — AUS 0

Senats.png Senäts: PASSED in the Senäts
PER 5 — CON 3 — AUS 0

Digest of Laws

View Clark Results

51RZ17 - The Bar Reformation Act

Primary source (bill text): http://www.talossa.ca/files/bills.php?cosa=51&bill=17
Primary source (results): http://www.talossa.ca/files/cosa_vote_result.php?cosa=51&clark=6

WHERERAS the development of an independent judiciary is a benchmark of a developed democracy;

WHEREAS the judiciary as it exists in Talossa today is sorely underdeveloped;

WHEREAS while many factors contribute to the underdevelopment of the judiciary in Talossa, one factor, the inability to admit new members to the bar, stands out as one that can be rectified;

WHEREAS Talossa is in dire needs of qualified individuals to be admitted to the bar.

THEREFORE, El Lexhatx § C, 1.6 is hereby repealed in its entirety;

FURTHERMORE, El Lexhatx § C, 2, is hereby amended to read as follows: The Officers of the Royal Household shall have no fixed terms of office, and shall not be removed from office by the dissolution of the Cosa. The Officers of the Royal Household are appointed and removed by the King on the recommendation of the Prime Minister. The four exceptions to this are that the Secretary of State shall be appointed by the Prime Minister acting alone and may be removed by law; the Burgermeister of Inland Revenue shall be named in the same way as the Secretary of State; and the Commissioner of the Civil Service, who shall be appointed by the King, for a two year renewable term, after being recommended by a legislative civil service committee and approved by a two-thirds majority vote in the Cosa and a majority vote of the Senäts in favor of appointment. The Chancellor may be removed by the King on the recommendation of the Senäts.

FURTHERMORE, the following section is added to the El Lexhatx as § G,11:

12. The National Bar of Talossa is hereby established.

12.1. The National Bar of Talossa shall be governed by the five Justices of the Uppermost Cort, who shall set forth the procedure, ethics, and standards for those seeking admission to the National Bar of Talossa.

12.1.1 The Justices of the Uppermost Cort may, at their discretion, devolve their authority to a group made up of no less than three individuals admitted to practice law to set forth the requirements of admission to the bar, except the waiver described in G.

12.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Courts of Talossa established under Article XVI of the Organic Law.

12.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa.

12.2.2. The National Bar of Talossa shall set the standards for admission, which may include a test or legal training it views as necessary, to determine if an individual possess the legal knowledge and character necessary to practice law in the national courts of Talossa, except as those described in G.12.2.3. An individual who has met the requirements set by the National Bar of Talossa is not entitled to practice law in in the national courts until the National Bar of Talossa has decreed they are eligible to do so. The National Bar of Talossa may deny admission to individuals they think unworthy, provided those factors do not violate any other Organic or Statutory provision.

12.2.3. An individual who has earned a degree in the practice of law in their home country, or has been admitted to practice law in their home country, or has completed one year of legal education as well as legal training in their home country, may seek a waiver from the requirements set forth by National Bar of Talossa, which may grant said waiver with the consent of no less than two Justices of the Uppermost Cort. The Uppermost Cort may increase the number of Justices required to give consent as it deems necessary, but may only decrease the number to the statutory limits with the same number of Justices required to give consent. The Uppermost Cort may not devolve this waiver.

12.3. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission, or without the permission of the National Bar of Talossa.

12.3.1. The above provision is not applicable to individuals who represent themselves, known as pro se individuals, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Court throughout Talossa.

12.3.2. The following office holders may, at the discretion of the Chancellor, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort.

12.3.3. An Attorney General, as head of the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office.

12.4. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys.

12.4.1. An individual admitted may have their admission revoked for cause with the consent of no less than four members Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa.

12.4.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law.

12.5. Any rules, regulations and/or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws.

This statute shall come into effect no later than six months after the requirements of Article X of the Organic Law have been satisfied. At its discretion, the Uppermost Cort may, immediately upon passage, begin to draft and promulgate Rules for admission, which, if the Uppermost Cort so chooses, may take effect no sooner than three months after the requirements of Article X of the Organic Law have been satisfied.

Uréu q'estadra så: Viteu Marcianüs - (Attorney-General)