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Post by United Barbaros on Mar 11, 2018 10:33:56 GMT
A.B. 4 IN THE ASSEMBLY OF ALL
March 11th, 2018
The United Barbaros introduced the following bill to the Assembly for debate.
A BILL
Formally establishing the regional position of Defense Attorney, in order that defendants may be represented fairly, upon request, in a regional court of law.
Be it enacted by the Assembly of All and Parliament of Londinium in the legislature assembled,
Section 1. Title
This act may be cited as the "Defense Attorney Act of 2018", or the "D.A. Act of 2018", D.A. being an abbreviation for "Defense Attorney".
Section 2. Overview
I. The public office of the Defense Attorney shall be established. II. Prosecuted defendants will have the right to a public defense attorney. This right can be waived by the defendant if they choose to represent themselves in court, or if they choose to be represented by an individual of their choosing and not the D.A. III. The Defense Attorney will be responsible for representing their client (the defendant) and the client's interests in court. IV. The regional Defense Attorney will be appointed by the Prime Minister in office. The Defense Attorney cannot be concurrently serving as Prime Minister, as Attorney General, as a minister in the PM's cabinet, or in the Judiciary. V. The Defense Attorney may appoint other defense attorneys in the scenario that there is more than one case being processed in the court system. Those appointed by the D.A. cannot be concurrently serving as Prime Minister, as Attorney General, as a minister in the PM's cabinet, or in the Judiciary. VI. A DA may be removed from office by the PM if they are deemed to not be fulfilling their duties by the PM, or if a newly elected Prime Minister decides to replace the DA in office.
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Post by United Barbaros on Mar 11, 2018 10:34:54 GMT
Discussion and debate for this bill can wait until after the elections if we want.
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Post by Bymaria on Mar 11, 2018 17:38:38 GMT
I think this looks good. Would we need to add that (additional to not also being part of the judiciary) the D.A must not also be the Prime Minister or the Attorney General at the same time? I don’t expect that to happen, but it’s always good to include. Also we could add after “this right may be waived if they wish to represent themselves”, “or if they wish to be represented by another individual on their behalf”.
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Post by United Barbaros on Mar 11, 2018 18:19:30 GMT
I could add that in.
Should we also say not serving as a minister at the same time?
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Post by United Barbaros on Mar 11, 2018 18:32:43 GMT
Edited.
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Post by hromos on Mar 12, 2018 23:31:40 GMT
Should the DA be considered part of the PM'S cabinet? I would think that the DA is part of the judicial system, rather than being a part of the executive.
We could have it that the PM cam appoint the DA at the beginning, but can only be removed via a vote of some kind. If the DA is a part of the cabinet, then the DA can be replaced at any time by the PM, which could get weird if the PM participates in any funny business.
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Post by United Barbaros on Mar 13, 2018 1:35:51 GMT
The judicial comprises of the justices. The Attorney General is part of the PM's cabinet, so it would make sense to me if the D.A. was also.
If we're going to say that, then there is a risk of funny business occurring with the A.G. as well.
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Post by Nyelant on Mar 13, 2018 2:02:13 GMT
If it is to be a position in cabinet, then it does not require a bill per se. The Constitution allows for the creation of new offices at any time.
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Post by United Barbaros on Mar 13, 2018 2:43:23 GMT
Edited.
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Post by United Barbaros on Mar 13, 2018 3:12:39 GMT
Edited...again.
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Post by hromos on Mar 13, 2018 22:31:01 GMT
If it is to be a position in cabinet, then it does not require a bill per se. The Constitution allows for the creation of new offices at any time. I'm probably remembering wrong, but is the attorney general considered part of the cabinet, or is it just picked by the PM?
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Post by Nyelant on Mar 13, 2018 23:30:57 GMT
I'm adding it to the cabinet as a new position. It is not defined specifically in the Constitution, however it does give me the power to add/remove new ones without a Constitutional amendment.
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Post by United Barbaros on Mar 14, 2018 0:20:52 GMT
I thought we passed an act to open the office of AG.
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Post by Nyelant on Mar 14, 2018 1:19:01 GMT
We didn't need to, exactly.
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Post by United Barbaros on Mar 14, 2018 2:09:44 GMT
We didn't need to, but we did. AG isn't optional because of it, from what I understand. It's been a while since I read the act though.
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