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B I L L
TO
Move the Public Defender’s Office as an organization chartered by Parliament.
B I L L
TO
Move the Public Defender’s Office as an organization chartered by Parliament.
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 Public Defender Office Act.
(b) may be numbered as P.B.03-023.
(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 - Reasons
(1) The Ministry of Welfare is not the appropriate place for Public Defenders.
(2) Public Defenders should be independent from Government interference.
3 - Repeal Section 14 of the Criminal Code and Procedure Act
(1) Portions of Section 14 of the Criminal Code and Procedure Act is hereby repealed: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.
4 - 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(1) Section 16.1.d in the Government Organization Act is hereby repealed: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(2) Section 16.2.c is hereby repealed: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.
5 - General Repeals:
(1) Any law at this act's assent that gives the Ministry of Wellfare power, responsibility, or delegation over the Public Defender Program, the portion that gives that power is repealed.
(2) The Office the Speaker is empowered to determine the extent of the repeal.
6 - Establishment of the Public Defender Office
(1) There is hereby established an independent agency known as the Public Defender Office.
(2) The Public Defender shall be a body with perpetual succession capable of:
(i) Entering into contracts;
(ii) Acquiring, holding, and disposing of property;
(iii) Employing staff and contractors;
(iv) Taking any lawful action necessary to fulfill its mandate
(3) The Public Defender Office shall not be a department of any Ministry and shall not be subject to direction or control by any Minister, except as expressly provided by law.
7 - Mandate and Functions
(1) The Public Defender Office shall:
(i) Provide legal representation to individuals entitled to legal access under Alexandrian Law;
(ii) Ensure that representation is competent, diligent, and timely;
(iii) Establish internal standards, policies, and training for employees;
(iv) Advocate for systemic improvements to the criminal justice system, where consistent with its independence and client obligations;
(v) Perform such additional functions as may be assigned by Parliament, provided such functions do not compromise the independence of the Public Defender Office.
8 - Leadership
(1) The Public Defender Office shall be lead by the Chief Public Defender.
(2) The Chief Public Defender shall be appointed by the Monarch on the advice of the Prime Minister.
(3) The Chief Public Defender shall serve for a term of office as specified in the Charter approved under Section 7, and may be reappointed.
(4) The Chief Public Defender may only be removed from office for cause, in accordance with a process established by law and consistent with the independence of the office.
9 - Independence and Non-Interference
(1) In the exercise of their functions, the Chief Public Defender and all staff of the Public Defender shall act independently and shall not seek or receive instructions from Parliament, the Government, the Crown, or any other authority with respect to individual cases.
(2) No person shall improperly interfere with, obstruct, or influence the work of the Public Defender Office.
10 - Charter Requirement
(1) The Public Defender Office shall submit a Charter to Parliament for approval every six (6) months.
(2) The Charter shall, at a minimum, include:
(i) The organizational structure and leadership of the Public Defender Office;
(ii) Information for official communication platforms, including any authorized Discord;
(iii) A statement of operational priorities;
(iv) A detailed budget request, if the Public Defender Office seeks funding or appropriations from Parliament during the relevant period.
(3) A Charter shall have no legal effect until approved by Parliament.
(4) Failure to obtain approval of a Charter shall not invalidate the legal representation of clients, but may result in suspension or limitation of parliamentary funding.
11 - Funding
(1) Parliament may appropriate funds to the Public Defender Office in accordance with an approved Charter.
(2) The Public Defender Office may receive grants, donations, or other lawful sources of funding, provided that such funding does not compromise the independence or integrity of the organization.
(3) All funds shall be used solely for purposes consistent with the mandate of the Public Defender.
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