Department of Justice, The Migrendel Wing

[Хahar 🤔]

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Obviously better for defendants to choose their own counsel. If Court appointment is exercised regularly, though, maybe some kind of rotation system that assures one "favorite" isn't always appointed over all others who would like a shot.

This'd be good; perhaps the bar could set its own rotation.

[Peter]

Supreme Court Bar Bill
Section 1: Findings
   1. The role of legal professionals needs formal recognition and a framework under Law.
   2. The system for providing state counsel to criminal defendants would not provide as competent counsel as is feasible.

Section 2: The Supreme Court Bar
   1. There shall be a Supreme Court Bar.
   2. Admittance to the Supreme Court Bar shall be at the discretion of the Supreme Court.
   3. The Supreme Court may make regulations pertaining to the Supreme Court Bar, including regulations regarding activity (posting frequency), expulsion and admittance.
   4. The Supreme Court may delegate administrative duties to the Attorney General as it sees fit.

Section 3: Representation of Criminal Defendants
   1. Section 7, Clauses 1 through 3 of the Consolidated Criminal Justice Act is repealed.
   2. Defendants in criminal trials shall not be denied access to legal counsel from an active Atlasian citizen. A defendant shall have the right to waive his right to legal counsel.
   3. If a defendant requests that a Federal Court appoint counsel for him, then the Court shall appoint a member of the Supreme Court Bar to represent the defendant.
   4. A Supreme Court Bar member shall be able to refuse to represent a defendant on grounds of conflict of interest, however, final determination of conflict of interest shall be made by the Supreme Court.
   5. Any member of the Supreme Court Bar who refuses to represent a state criminal defendant without proper excuse shall be expelled from the Supreme Court Bar.
   6. The Supreme Court may make regulations pertaining to the appointment of counsel in a trial, including systems for rotation between different counsel.
   7. No person shall be a member of the Supreme Court Bar without being a registered Atlasian citizen who has had at least one vote counted in the past two regular scheduled elections. The activity requirements of this clause shall not apply to new citizens, who may apply for membership within two months of first registration without reference to activity requirements.
   8. The Attorney General may nominate persons he deems fit for membership of the Supreme Court Bar to the Supreme Court.
This is my initial proposal. Any thoughts?

[Kaine for Senate '18]

Supreme Court Bar Bill
Section 1: Findings
   1. The role of legal professionals needs formal recognition and a framework under Law.
   2. The system for providing state counsel to criminal defendants would not provide as competent counsel as is feasible.

Section 2: The Supreme Court Bar
   1. There shall be a Supreme Court Bar.
   2. Admittance to the Supreme Court Bar shall be at the discretion of the Supreme Court.
   3. The Supreme Court may make regulations pertaining to the Supreme Court Bar, including regulations regarding activity (posting frequency), expulsion and admittance.
   4. The Supreme Court may delegate administrative duties to the Attorney General as it sees fit.

Section 3: Representation of Criminal Defendants
   1. Section 7, Clauses 1 through 3 of the Consolidated Criminal Justice Act is repealed.
   2. Defendants in criminal trials shall not be denied access to legal counsel from an active Atlasian citizen. A defendant shall have the right to waive his right to legal counsel.
   3. If a defendant requests that a Federal Court appoint counsel for him, then the Court shall appoint a member of the Supreme Court Bar to represent the defendant.
   4. A Supreme Court Bar member shall be able to refuse to represent a defendant on grounds of conflict of interest, however, final determination of conflict of interest shall be made by the Supreme Court.
   5. Any member of the Supreme Court Bar who refuses to represent a state criminal defendant without proper excuse shall be expelled from the Supreme Court Bar.
   6. The Supreme Court may make regulations pertaining to the appointment of counsel in a trial, including systems for rotation between different counsel.
   7. No person shall be a member of the Supreme Court Bar without being a registered Atlasian citizen who has had at least one vote counted in the past two regular scheduled elections. The activity requirements of this clause shall not apply to new citizens, who may apply for membership within two months of first registration without reference to activity requirements.
   8. The Attorney General may nominate persons he deems fit for membership of the Supreme Court Bar to the Supreme Court.

Seems good to me, although I'm not too fond of 3.8.

[Хahar 🤔]

Supreme Court Bar Bill
Section 1: Findings
   1. The role of legal professionals needs formal recognition and a framework under Law.
   2. The system for providing state counsel to criminal defendants would not provide as competent counsel as is feasible.

Section 2: The Supreme Court Bar
   1. There shall be a Supreme Court Bar.
   2. Admittance to the Supreme Court Bar shall be at the discretion of the Supreme Court.
   3. The Supreme Court may make regulations pertaining to the Supreme Court Bar, including regulations regarding activity (posting frequency), expulsion and admittance.
   4. The Supreme Court may delegate administrative duties to the Attorney General as it sees fit.

Section 3: Representation of Criminal Defendants
   1. Section 7, Clauses 1 through 3 of the Consolidated Criminal Justice Act is repealed.
   2. Defendants in criminal trials shall not be denied access to legal counsel from an active Atlasian citizen. A defendant shall have the right to waive his right to legal counsel.
   3. If a defendant requests that a Federal Court appoint counsel for him, then the Court shall appoint a member of the Supreme Court Bar to represent the defendant.
   4. A Supreme Court Bar member shall be able to refuse to represent a defendant on grounds of conflict of interest, however, final determination of conflict of interest shall be made by the Supreme Court.
   5. Any member of the Supreme Court Bar who refuses to represent a state criminal defendant without proper excuse shall be expelled from the Supreme Court Bar.
   6. The Supreme Court may make regulations pertaining to the appointment of counsel in a trial, including systems for rotation between different counsel.
   7. No person shall be a member of the Supreme Court Bar without being a registered Atlasian citizen who has had at least one vote counted in the past two regular scheduled elections. The activity requirements of this clause shall not apply to new citizens, who may apply for membership within two months of first registration without reference to activity requirements.
   8. The Attorney General may nominate persons he deems fit for membership of the Supreme Court Bar to the Supreme Court.

Seems good to me, although I'm not too fond of 3.8.

Why is that? People can also apply themselves, it seems.

[TomC]

Generally, really good. This is a great way to promote professionalism and legal scholarship within Atlasia. I think 3.8 is a smart move. Some thoughts, mainly 'cause I think it's interesting and just want to consider it all:

1. When it comes to regulation and administration, (2.3, 2.4, 3.6) the bill reads "The Supreme Court may..." Is there just a power the court may use, or should there be more of a responsibility? Is this just if the court wants to, or is there an expectation they will?

2. The second sentence of 3.7 is too ambiguous, especially the last phrase. Maybe make "new citizens" the subject of the sentence and see where it should go from there. ("New citizens must wait at least two months after registration before consideration or nomination to the Bar, in addition to fulfilling the activity requirements." ??)

3. Is "grounds of conflict of interest" (2.4) the only "proper excuse" (2.5) for not representing someone or is "proper excuse" broader and for the Court to determine?

[Peter]

Supreme Court Bar Bill
Section 1: Findings
   1. The role of legal professionals needs formal recognition and a framework under Law.
   2. The system for providing state counsel to criminal defendants would not provide as competent counsel as is feasible.

Section 2: The Supreme Court Bar
   1. There shall be a Supreme Court Bar.
   2. Admittance to the Supreme Court Bar shall be at the discretion of the Supreme Court.
   3. The Supreme Court may make regulations pertaining to the Supreme Court Bar, including regulations regarding activity (posting frequency), expulsion and admittance.
   4. The Supreme Court may delegate administrative duties to the Attorney General as it sees fit.

Section 3: Representation of Criminal Defendants
   1. Section 7, Clauses 1 through 3 of the Consolidated Criminal Justice Act is repealed.
   2. Defendants in criminal trials shall not be denied access to legal counsel from an active Atlasian citizen. A defendant shall have the right to waive his right to legal counsel.
   3. If a defendant requests that a Federal Court appoint counsel for him, then the Court shall appoint a member of the Supreme Court Bar to represent the defendant.
   4. A Supreme Court Bar member shall be able to refuse to represent a defendant on grounds of conflict of interest, however, final determination of conflict of interest shall be made by the Supreme Court.
   5. Any member of the Supreme Court Bar who refuses to represent a state criminal defendant without proper excuse shall be expelled from the Supreme Court Bar.
   6. The Supreme Court may make regulations pertaining to the appointment of counsel in a trial, including systems for rotation between different counsel.
   7. No person shall be a member of the Supreme Court Bar without being a registered Atlasian citizen who has had at least one vote counted in the past two regular scheduled elections. If a person was not a registered voter at the time of the last scheduled election, then he shall be able to hold a provisional membership of the Bar until the next scheduled election at the discretion of the Supreme Court.
   8. The Attorney General may nominate persons he deems fit for membership of the Supreme Court Bar to the Supreme Court. Individual citizens may nominate themselves for membership of the Supreme Court Bar, but shall require the sponsorship of an existing member of the Bar.
I have updated Clauses 7 & 8 to clarify the intent of those sections. Please indicate if you think this is unclear. I am happy to submit the bill at this time and would ask a Senator to introduce it on the understanding that I may ask for a little bit of tinkering of it whilst it is in the queue.

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I would expect that the Court would actually have to excercise 2.3 and make regulations. 2.4 is there if the Court wants to take a backseat and leave it in the hands of the AG, however, there may be a particuarly active jurist who chooses to do all of the admin stuff, in which case, delegation to the AG is not necessary. As regards 3.6, the Court does not need to make regulations concerning a rotation, though it may choose to if trials become more common than at present. In the present circumstances it could appoint counsel on a case by case basis.

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My intention is that it is broader, but only on grounds of illness, and that it shall be for the Court to define other "proper excuse"s

[bullmoose88]

I like it.  I look forward to working with you on establishing some test for "bar" fitness.

[TomC]

Yeah, 3.7 is a lot clearer and the comments make sense. Thanks!

[Peter]

I would appreciate it if a Senator would introduce this:

Amendment to 24 hour waiting period in the OSPR
Article 5, Section 2 of the OSPR is amended with the addition of a Clause 4:

4. Clauses 2 and 3 shall not apply in cases where no votes have been cast against a piece of legislation. In these cases, the PPT shall publicly declare the vote total to be final and shall apply said vote total to the legislation. All Senators shall be prohibited from changing their votes on the legislation after this time.
There is simply no need for a 24 hour waiting period where a vote is unanimous to that point. This hopefully will cut down on some of the waiting around for procedure that occurs when a bill has come to the end of congressional life.

[Peter]

[img alt=The Migrendel Wing width=100]http://blog.kir.com/archives/images/Department%20of%20Justice%20L.jpg[/img]

From the Office of the Attorney General

This is an official notice to confirm that I will remain in office as Attorney General until such time as President Moderate appoints a successor.

[minionofmidas]

[img alt=The Migrendel Wing width=100]http://blog.kir.com/archives/images/Department%20of%20Justice%20L.jpg[/img]

From the Office of the Attorney General

This is an official notice to confirm that I will remain in office as Attorney General until such time as President Moderate appoints a successor.

NOO! Stay! Longer n that!

[Small Business Owner of Any Repute]

[img alt=The Migrendel Wing width=100]http://blog.kir.com/archives/images/Department%20of%20Justice%20L.jpg[/img]

From the Office of the Attorney General

This is an official notice to confirm that I will remain in office as Attorney General until such time as President Moderate appoints a successor.

NOO! Stay! Longer n that!

I tried! 

[Јas]

[img alt=The Migrendel Wing width=100]http://blog.kir.com/archives/images/Department%20of%20Justice%20L.jpg[/img]

From the Office of the Attorney General

This is an official notice to confirm that I will remain in office as Attorney General until such time as President Moderate appoints a successor.

Just out of interest, is there any law on the subject of cabinet officials exercising authority beyond their term of appointment?

[Peter]

Cabinet officials have no explicit term of appointment, and there are a few examples of some Cabinet officers continuing in office on a permenant basis with a new President without a renewing confirmation.

[minionofmidas]

Cabinet officials have no explicit term of appointment, and there are a few examples of some Cabinet officers continuing in office on a permenant basis with a new President without a renewing confirmation.

There are? Good.

I know Gabu was reconfirmed.