Law:51RZ18 The Commas Matter Act (Bar Refor. Secondary Legislation)

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This law is currently
IN FORCE

IT HAS BEEN AMENDED BY:
link to amending laws

It amends the following:
Ziu 51st Clark 6th (May 2018)
Uréu q'estadra så: Viteu Marcianüs

Cosa.png Cosă: PASSED in the Cosa
Per 135 — Con 0 — Aus 0

Senats.png Senäts: PASSED in the Senäts
Per 5 — Con 3 — Aus 0

L'Anuntziă dels Legeux

View Clark Result


51RZ18 - The Commas Matter Act (Bar Refor. Secondary Legislation)

Primary source (bill text): http://www.talossa.ca/files/bills.php?cosa=51&bill=18
Primary source (results): http://www.talossa.ca/files/cosa_vote_result.php?cosa=51&clark=6

WHEREAS 50RZ27 having previously been passed by the Ziu and vetoed by the Crown,

WHEREAS our time in Talossa is better spent arguing over whether prima facie modification, not material modification, is more relevant than something essential as needing to sleep, thereby SETTING THE PRECEDENT THAT THE EXACT LETTER OF THE LAW MATTERS;

WHEREAS if the Ziu plans to make legislative intent a thing in Talossa, it should really start filing a section of Acts clearly identified as "legislative intent" to be filed in the database for easy reference;

WHEREAS the Member of the Cosa has sought to reintroduce an act previously passed but vetoed, but with necessary modification to render this act unnecessary, but now finds it necessary to also hopper this act, to bring everything IN COMPLIANCE WITH THE EXACT LETTER OF THE ORGANIC LAW, hereby introduces the following secondary legislation, as borrowed and paraphrased from certain foreign documents in "[o]rder to [pass] a more perfect" act, hereby re-introduces this Act, having previously been passed by the Ziu in the 50th Cosâ under 50RZ27, and previously subjected to the Crown’s veto, is is concurrently reintroduced in the same Clark of this secondary legislation, as to ensure it meets THE COMMA OF THE LAW pursuant to Article X, section 6 of the Organic Law, whereby a bill may become law upon passage by a simple majority of the Ziu in a subsequent term;


WHEREAS this act is only effective upon passage of the primary legislation, and if this act is subject to a veto, it will be reintroduced, verbatim, in the next term, and so forth shall each act be hoppered and clarked until something better is offered;

THEREFORE without any reference to any provision in the Organic Law proscribing such an measure, as none exist, the Ziu hereby modifies the Bar Reformation Act, in style and clarification, having now been rehoppered and passed in the same Clark, and as such, el Lexhatx as § G,11 shall read as:


T he 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 amended to the el Lexhatx to read as § G,11:

11. The National Bar of Talossa is hereby established.

11.1. 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.

11.1.1 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.11.2.3.1.

11.2. 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.

11.2.1. 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, as noticed prior to the date of the applicant’s petition.

11.2.2. 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, as well as character and fitness, necessary to practice law in the national courts of Talossa, except as those described in G.11.2.3, and provided the candidate had notice of such requirements, which shall mean the National Board of Talossa publishing said requirements in the Courthouse, prior to the date of the applicant’s petition.

11.2.2.1. 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 such time as they petition the National Bar of Talossa, which has then decreed that said petition has been granted.

11.2.2.2. The National Bar of Talossa may deny an applicant’s petition provided those factors do not violate any other Organic or Statutory provision, and with a formal explanation provided only to the individual, which main contain instruction as to how to remedy said issue; the decision to deny an application shall remain confidential, as well as the reasoning, unless the applicant so chooses to disclosed that information, or if the applicant makes false statements in public as to materially misrepresent the actions of the National Bar of Talossa.

11.2.3. An individual who has earned a degree in the practice of law in another jurisdiction, their home country, or has been admitted to practice law in another jurisdiction, their home country, or has completed one year of legal education as well as legal training in another jurisdiction, their home country, provided that jurisdiction is a recognized sovereign state by the Kingdom of Talossa, may petition the Uppermost Cort for a waiver to the requirements set forth by the National Bar of Talossa, and upon granting of such a waiver, shall be subjected to the same character and fitness standards as any other applicant and subject to approval by the National Bar of Talossa, provided such standards were previously noticed prior to the date of petition for waiver; the Uppermost Cort may also, if it chooses, in granting the petition for waiver, also decree that the applicant has meet the character and fitness standards, and such a decree shall serve as an a permit to practice law in the national courts; all waivers shall require the consent of no less than two Justices of the Uppermost Cort.

11.2.3.1. The Uppermost Cort may increase the number of Justices required to give grant a waiver but may only decrease the number to the statutory limits with the same number of Justices then required to give consent.

11.2.3.2. The Uppermost Cort may not devolve this the power to grant a waiver.

11.3. 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.


11.3.1. The above provision is not applicable to an individual who represent themselves, known as pro se party, 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. Nor shall that provision apply to those individuals who have been granted permission to represent a party pro hac vice, which may only be granted by the Cort exercising jurisdiction over the matter, supplemented to any appellate Cort, upon such terms as the Cort may deem appropriate.

11.3.2. 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.

11.3.3. 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.

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

11.4.1. 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.

11.4.2. 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.

11.5. 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 one months after ratification by the Crown, to be measured against the six months of the initial statute, as to provide a total of seven months for compliance of the institutions herein, provided it is in full compliance with the Organic Law. All other provisions of the original act not contravened by this act shall remain in force as law provided the original act receives the necessary simple majority of the Ziu, with this Act only superseding it upon passage and notwithstanding the Crown's veto. Finally, as there are no stylistic points necessary in this act, the Secretary of State or Scribe of Abbaville may, at their discretion upon codification only, make such necessary formatting changes (i.e., Cosa to Cosâ) as necessary to reflect a singular, cohesive act.

Uréu q'estadra så: Viteu Marcianüs - (MC- Freedem)