Bill: Pending P.B. 03-022 | Self-Counsel Act

[ameslap]

A

B I L L

TO

Remove the Public Defenders Program at this point in time.​

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BE IT ENACTED by the Crown’s most Excellent Majesty, by and with the advice and consent of the members of this 3rd Alexandrian Parliament, and by the authority of the same, as follows:

1 - Short Title and Enactment
(1) This Act
(a) may be cited as the Self-Counsel Act.
(b) may be numbered as P.B.03-022.
(c) shall be enacted immediately upon its assent by the Crown.
(d) has been authored by Ameslap.
(e) has been Co-Sponsored by Taelor.

2 - Repeal Section 14 of the Criminal Code and Procedure Act
(1) Section 14 of the Criminal Code and Procedure Act is hereby repealed:
“14 - Office of the Public Defender
(1) All players have the right to legal representation at all critical stages of the legal process. If a player requests legal representation, it must be provided to them before any additional questioning may be undertaken. Peace officers must inform a suspect under arrest of this right before engaging in questioning. They must also inform them of their right against self incrimination. Failure to inform them of these rights will result in the suppression of any elicited statements from the arrest.
(2) The Ministry of Welfare shall appoint a Chief Public Defender to manage the Office of the Public Defender. The Chief Public Defender shall have the power to hire additional deputies as they see fit.”

(2) The Office of the Speaker is empowered to renumber the act accordingly.

3 - Repeals in the Government Organization Act
(1) Section 16.1.d in the Government Organization Act is hereby repealed:
“(d) maintain the Public Defender service as outlined in the Criminal Code and Procedures Act; and”

(2) Section 16.2.c is hereby repealed:
“(c) Chief Public Defender. The Chief Public Defender shall be charged with the litigation concerns of citizens who wish to have an attorney appointed to them by the state in criminal matters. The Chief Public Defender, while appointed by the Minister of Welfare, exercises their independent legal determinations to this effect, and can not be fired for making decisions they believe to be in the best interests of their clients. In all other ways, they are subject to the determinations of the Minister of Welfare.”

(3) The Office of the Speaker is empowered to renumber the act accordingly.

4 - Enforcement
(1) All legal suits awaiting a public defender at the time of this bill’s assent will be given 7 days for the defendant to retain counsel or become counsel for themselves.
(a) After 7 days, these cases are to be automatically dismissed without prejudice.

 

[ameslap]

Member of Parliament Ameslap
Moves to Pass
The Self-Counsel Act​

Parliament notes:
(1) The Constitution does not guarantee the right to legal counsel.
(2) The Ministry of Welfare is not the appropriate place for Public Defenders.
(3) There are no qualifications to practice law, so any player may represent themselves.
(4) The legal field cannot currently support the Ministry of Justice; how can the field also support a Public Defender Program?


Based on this, Parliament decides:
(1) To remove Public Defenders at this time.

To fulfil this, Parliament projects the following expenses:
(1) None.

Further, Parliament projects the following administrative efforts:
(1) None.

To implement the above, Parliament passes:

A

B I L L

TO

Remove the Public Defenders Program at this point in time.​

---

BE IT ENACTED by the Crown’s most Excellent Majesty, by and with the advice and consent of the members of this 3rd Alexandrian Parliament, and by the authority of the same, as follows:

1 - Short Title and Enactment
(1) This Act
(a) may be cited as the Self-Counsel Act.
(b) may be numbered as P.B.03-022.
(c) shall be enacted immediately upon its assent by the Crown.
(d) has been authored by Ameslap.
(e) has been Co-Sponsored by Taelor.

2 - Repeal Section 14 of the Criminal Code and Procedure Act
(1) Section 14 of the Criminal Code and Procedure Act is hereby repealed:
“14 - Office of the Public Defender
(1) All players have the right to legal representation at all critical stages of the legal process. If a player requests legal representation, it must be provided to them before any additional questioning may be undertaken. Peace officers must inform a suspect under arrest of this right before engaging in questioning. They must also inform them of their right against self incrimination. Failure to inform them of these rights will result in the suppression of any elicited statements from the arrest.
(2) The Ministry of Welfare shall appoint a Chief Public Defender to manage the Office of the Public Defender. The Chief Public Defender shall have the power to hire additional deputies as they see fit.”

(2) The Office of the Speaker is empowered to renumber the act accordingly.

3 - Repeals in the Government Organization Act
(1) Section 16.1.d in the Government Organization Act is hereby repealed:
“(d) maintain the Public Defender service as outlined in the Criminal Code and Procedures Act; and”

(2) Section 16.2.c is hereby repealed:
“(c) Chief Public Defender. The Chief Public Defender shall be charged with the litigation concerns of citizens who wish to have an attorney appointed to them by the state in criminal matters. The Chief Public Defender, while appointed by the Minister of Welfare, exercises their independent legal determinations to this effect, and can not be fired for making decisions they believe to be in the best interests of their clients. In all other ways, they are subject to the determinations of the Minister of Welfare.”

(3) The Office of the Speaker is empowered to renumber the act accordingly.

4 - Enforcement
(1) All legal suits awaiting a public defender at the time of this bill’s assent will be given 7 days for the defendant to retain counsel or become counsel for themselves.
(a) After 7 days, these cases are to be automatically dismissed without prejudice.