The following Magisterium Resolution was proposed by Citizen Pakitsk, and seconded by Magister borromeanWhyKnot
[spoiler]
Whereas, the Concordat guarantees the “right of representation by adequate counsel” in a trial before the Conclave in Article F, Section 2,
And whereas, the term “adequate counsel” is not once defined,
And whereas, there is no elaboration describing whether this is only upon request or always applicable,
Supposing, therefore, the East Pacific would be served by a more extensive definition of this right,
And therefore, the right being better defined, the East Pacific would also be served by action taken to better support this right,
And citing, the recent case of TEP v. Fedele, where an Arbiter of the Conclave served as the legal representation of the defendant,
And acknowledging, that the Viceroy of the Conclave has authority to “oversee the proceedings of the Conclave”
It is recommended to the government of the East Pacific, that:
Article I: Definition
- “Adequate counsel” be defined as:
…1.A Competent and qualified legal advice or representation in a trial before the Conclave
Article II: Establishment
- The Viceroy shall appoint several Attorneys from the Citizenry of the East Pacific, subject to the below regulations:
…1.A Arbiters shall be ineligible for the position of Attorney, to prevent confusion over the question of Arbiter votes on final decisions;
…1.B Magisters shall be ineligible for the position of Attorney, to preserve the independence of the Conclave from possible legislative interference;
…1.C The Delegate shall be ineligible for the position of Attorney, to preserve the independence of the Conclave from possible Executive interference;
…1.D All appointed Attorneys must be able to pass a basic test on East Pacifican law, including questions on the Concordat, formulated by the Conclave; - The Attorneys shall collectively be known as the “East Pacific Attorney Office,” hereafter “EPAO”;
…2.A EPAO shall be the sole government source of legal counsel in trials before the Conclave;
…2.B EPAO will be administrated and regulated according to the discretion of the Viceroy, subject to the below regulation:
…2.B.a There may be no fewer than three (3) Attorneys in EPAO at any time, if reasonably possible;
…2.C The Presiding Arbiter of a trial shall assign to the Defendant an Attorney if one is requested, or if the Presiding Arbiter believes it would be beneficial to justice;
Article III: Duties and Responsibilities
- Duties of the Client to the Attorney
…1.A The Citizen being represented by the Attorney, hereafter referred to as “the Client,” has several duties to the Attorney representing them:
…1.A.a To give, as plainly as possible, the facts of the case as best one knows them;
…1.A.b To remain honest, and not to lie to the Attorney with regards to one’s own part in the case or to others’;
…1.A.c To inform the Attorney of one’s intentions with regards to pleas, evidence, etc.;
…1.A.d To refrain from asking the Attorney to act illegally, or to act against professional ethics;
…1.A.e To be prompt in communications with the Attorney, and to respond likewise promptly if presence is requested in the trial itself;
…1.B If the Client fails in these duties, the Attorney representing them may appeal to the Presiding Arbiter of the trial to leave the service of the Client;
…1.B.a The Presiding Arbiter may grant this request, in which case the Attorney will no longer be required to represent the Client;
…1.B.a.1 If the Presiding Arbiter grants the request of absolvement of responsibility, the Attorney is still bound by professional ethics;
…1.B.a.2 If the Presiding Arbiter grants the request, another Attorney shall be assigned to the Client by the Presiding Arbiter;
…1.B.b The Presiding Arbiter may deny this request, in which case the Attorney will still be required to represent the Client; - Duties of the Attorney to the Client
…2.A The Attorney representing the Client has several duties to the Client they represent:
…2.A.a To give, as plainly as possible, the charges leveled against the Client and the developments in the case against them;
…2.A.b To remain honest, and not to lie to the Client with regards to charges, developments in the case, etc.;
…2.A.c To abide by the decisions of the Client with regards to pleas, objections, etc.;
…2.A.d To refrain from asking the Client to act illegally, or to aid the Client in the same;
…2.A.e To be prompt in communications with the Client, and to respond likewise promptly if presence is requested in the trial itself;
…2.A.f To adhere, in all cases and with no exceptions, to the professional ethics below outlined;
…2.B If the Attorney fails in these duties, the Client being represented may appeal to the Presiding Arbiter for a different Attorney or to represent themselves;
…2.B.a The Presiding Arbiter may grant this request, in which case the Attorney will no longer be required to represent the Client;
…2.B.a.1 If the Presiding Arbiter grants the request, the Attorney is still bound by professional ethics;
…2.B.a.2 If the Presiding Arbiter grants the request, another Attorney shall be assigned to the Client by the Presiding Arbiter or the Client will represent themselves;
…2.B.b The Presiding Arbiter may deny this request, in which case the Attorney will still be required to represent the Client;
Article IV: Professional Ethics
- Attorneys shall be subject to the below code of ethics, in order that they may maintain justice and best represent their Clients;
…1.A To maintain Client-Attorney Confidentiality, that is, that no information given in confidence by the Client to the Attorney may be revealed without the former’s explicit consent;
…1.B To avoid conflicts of interest; for example, no Attorney may represent a Client in the same case in which they act for the Prosecution;
…1.C To be of unimpeachable conduct, that is, that no Attorney shall commit a crime;
…1.D To inform the Client of all legal consequences of any information the latter shall seek to be made public;
…1.E Not to neglect an assigned case;
…1.F Not to knowingly use perjured testimony or falsified evidence;
…1.G Not to act illegally upon the Client’s request;
…1.H Not to knowingly assert false statements of law or fact;
…1.I To inform the Presiding Arbiter of further illegal actions by the Client, except where such revelation is prohibited by Client-Attorney Confidentiality; - Attorneys that fail to uphold professional ethics shall be held accountable, as below;
…2.A For the first offense, the Attorney will be issued a formal reprimand by the Viceroy;
…2.B For the second offense, the Attorney will be issued a second formal reprimand by the Viceroy and removed from the case by the Presiding Arbiter;
…2.C For the third offense, the Attorney will be issued a third formal reprimand by the Viceroy, removed from the case by the Presiding Arbiter, and stripped of their position and disbarred;
…2.C.a The Attorney shall be prohibited from returning to EPAO for a period of not less than three months;
…2.C.b Following the period of prohibition, if the Attorney wishes to return to EPAO, they shall retake the test outlined above in Article II;
Article V: Removal
- Attorneys may be removed from duty by a unanimous vote of the Conclave
…1.A Any Arbiter may initiate such a vote
[/spoiler]
The proposal was debated [RECOMMENDATION BY RESOLUTION - VOTED] East Pacific Attorney Office - Page 3 - The East Pacific - Tapatalk. On March 5th, the proposal was motioned to a vote, and seconded.
The bill requires a normal majority.
Voting shall begin on March 17th, and shall last a period of 168 hours. It will end on March 24th.
Voting Choices:
- Vote AYE or FOR if you are in favor.
- Vote NAY or AGAINST if you are against.
- Vote ABSTAIN or PRESENT if you cannot make a decision in good conscience.
It is required that you supply both your nation residing in the East Pacific, and its World Assembly Status if applicable. If you are currently an active member of EPSA, then you are exempted from this rule.
Current list of Magisters (15):
Bachtendekuppen
Brotherlandprez1
Todd McCloud
VW53A
Ramaeus (resigned)
Tretrid
Atlae
Rage Mage
AMOM
McStooley
Polandball7878
Libertanny (resigned)
Aivintis
AC5230
borromeanWhyKnot
Gorundu
Acronis
Magisters who are suspended (2):
Angel of Charity
Shavvyboi