Independent AG

mr_sniffles

mr_sniffles

TNPer
TNP LAW
To better serve the region as Chief Prosecutor to prosecute any abuse of power to the fullest extent, the Regional Assembly declares the office of Attorney General be an elected office.

Section 1:
1) To serve as Attorney General, one must be a member of the Regional Assembly for thirty consecutive days prior to candidacy.
2) One must not have been convicted of any prior charge.

Section 2:
1) The Attorney General is to serve as Chief Prosecutor to all cases brought before the Court of the North Pacific.
2) The Attorney General is to work within the rules adopted by the Court.
3) The Attorney General shall serve for six months.

Section 3:
1) Should the position for the Attorney General become vacant for any reason, the Chief Justice shall name a replacement for the interim.
2) A three day nomination process shall begin immediately after a vacancy, followed by a seven day voting period to elect a new Attorney General for the remainder of the term.
3) It is the duty of the AG to complete any trial they are prosecuting- should the original AG be disposed, then the interim shall complete the current proceedings. Should the interim AG also be disposed, the elected replacement shall complete the proceedings.

Section 4:
1) This law will take effect during the next judicial election cycle, persuant to Law 26.
Click to expand...

This has been an idea of mine for some time but due to other responsibilities I didn't have time to see it to fruition. To have our Chief Prosecutor, the one to uphold the law in any case of abuse of power be subservient to those they may be prosecuting is quite frankly ludicrious. While we may have no current fear of a Delegate going rogue, we make our laws not to serve us now but for the next ten administrations down the line. This is why we must now make the office of the Attorney General answerable only to the Regional Assembly and an agent of, and not the source of the most potential source of abuse.

This is a light sketch of how I envision the office, I'm open to new ideas. I also made it an addition to the legal code and not an amendment because I want the office to be more malleable to changing times and I wouldn't know where to add it to the Constitution anyways.

EDITED.
 
Three suggestions:

1. Is this office going to be called "Attorney General" or "Minister of Justice"?It really doesn't need both in the draft. As ffar as it goes, I'd go with the AG.

2. Why not have elections for the AG with the judicial elections? That would re-inforce the notion of independence.

3. What happens if the office becomes vacant in mid-term? With the inactivity laws, as well as the presence of recall or voluntary resignation, sooner or later this issue is going to arise.
 
Done, as for the date of the judicial election I'm going from 6 months after the last vote was held since the Constitution states only a six month term and not specific election cycles.

As for how to replace an AG? I haven't a clue and welcome any outside opinions.
 
I've updated the vacancy clause. I'm not too sure if section 3.3 is necessary though as it could be redundant but I'd hate to see infighting over who gets to prosecute or at the very least a trial reduced to shambles by constant prosecutorial changes.

Any thoughts?
 
Two suggestions:

1. Make a reference to Law 26 as to the timing of the elections
Section 4:
1) This law will take effect during the next judicial election cycle pursuant to Law 26 , March 22nd, 2009.
Click to expand...

2. Add "for the remainder of the term." to this clause, otherwise each election to fill an AG vacancy would have to be held six months after the special election:

2) A three day nomination process shall begin immediately after a vacancy, followed by a seven day voting period to elect a new Attorney General for the remainder of the term
Click to expand...
.

I think this is getting very close to being ready for a vote.
 
TNP LAW
To better serve the region as Chief Prosecutor to prosecute any abuse of power to the fullest extent, the Regional Assembly declares the office of Attorney General be an elected office.

Section 1:
1) To serve as Attorney General, one must be a member of the Regional Assembly for thirty consecutive days prior to candidacy.
2) One must not have been convicted of any prior charge.

Section 2:
1) The Attorney General is to serve as Chief Prosecutor to all cases brought before the Court of the North Pacific.
2) The Attorney General is to work within the rules adopted by the Court.
3) The Attorney General shall serve for six months.

Section 3:
1) Should the position for the Attorney General become vacant for any reason, the Chief Justice shall name a replacement for the interim.
2) A three day nomination process shall begin immediately after a vacancy, followed by a seven day voting period to elect a new Attorney General for the remainder of the term.
3) It is the duty of the AG to complete any trial they are prosecuting- should the original AG be disposed, then the interim shall complete the current proceedings. Should the interim AG also be disposed, the elected replacement shall complete the proceedings.

Section 4:
1) This law will take effect during the next judicial election cycle, persuant to Law 26.
Click to expand...

Then this will be the proposal that will go to a vote with three other proposals within a day or so.
 
You must log in or register to reply here.
Back
Top