Attorney General Omnibus Bill

Sanctaria

Sanctaria

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sanctaria
Since these bills proposes to simultaneously change both the Constitution and the Legal Code, I have sought and received the approval of the Speaker to introduce both at the same time.

There has been a lot of discussion over the past few days about the role of the Attorney General, and the following is what I, and others, have been working on over the past number of weeks.

It seeks to provide some independence to the role of Attorney General, while at the same time providing legal clarity to the role of Assistant AGs. It also ties the role more closely to the Executive, without necessarily making it part of that branch.

Attorney General Omnibus Bill

1. Articles 4 - 8 of the Constitution of The North Pacific shall be renumbered 5 - 9 respectively.

2. The following shall be inserted into the Constitution of The North Pacific:

Article 4. Attorney General

  1. The Regional Assembly will elect an Attorney General by plurality vote every four months.
  2. The Attorney General will serve as Chief Prosecutor in all criminal cases brought before the Court, and will also act as a legal advisor to the Delegate, and/or the Executive, of The North Pacific upon request.
  3. The Attorney General may appoint deputies to assist them in the execution of any of their powers and duties. Appointment of deputies may be regulated by law.
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3. Section 3.1 of the Codified Law of The North Pacific shall be stricken.

4. Sections 3.2 and 3.3 of the Codified Law of The North Pacific shall be renumbered 3.1 and 3.2 respectively. Clauses 8 - 19 of Chapter 3 of the Codified Law of The North Pacific shall be renumbered 2 - 13 respectively.

5. The following shall be inserted into Chapter 6 of the Codified Law of The North Pacific:

Section 6.8: The Attorney General
35. The election for the office of Attorney General shall be held during the Judicial Cycle.
36. It is the duty of the Attorney General, and their deputies, to see to completion any proceeding being prosecuted.
37. If the original Attorney General, and their deputies, are unable to complete a pending case before the end of their term, the successor Attorney General will take over as prosecutor and complete the pending proceedings.
38. The Attorney General shall have standing in all cases of judicial review brought before the Court.
39. The Attorney General may request expedited judicial review of any executive action by any official.
40. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
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6. No part of this bill shall take effect unless all parts take effect.
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If y'all have any questions, comments, or suggestions for improvements, I'll be happy to hear them out.
 
I like the text of the bill as drafted. I will have to put on my thinking cap tomorrow to see if I have any suggestions, as it's past my bedtime tonight. Great job, thanks for working on this!
 
I support this bill, and think that this will greatly clarify the role of the AG in our government, as well as legitimizes the role of Deputy AG.

I have a few minor issues with wording that I'll explicate when I have more time.
 
New Draft.

This incorporates instances where the Attorney General would otherwise have a conflict of interest.

Attorney General Omnibus Bill

1. Articles 4 - 8 of the Constitution of The North Pacific shall be renumbered 5 - 9 respectively.

2. The following shall be inserted into the Constitution of The North Pacific:

Article 4. Attorney General

  1. The Regional Assembly will elect an Attorney General by plurality vote every four months.
  2. The Attorney General will serve as Chief Prosecutor in all criminal cases brought before the Court, save those outlined below, and will also act as a legal advisor to the Delegate, and/or the Executive, of The North Pacific upon request.
  3. The Attorney General shall not serve as prosecutor in any criminal case in which they are a defendant, the defence attorney, or a witness.
  4. The Attorney General may appoint deputies to assist them in the execution of any of their powers and duties. Appointment of deputies may be regulated by law.
Click to expand...

3. Section 3.1 of the Codified Law of The North Pacific shall be stricken.

4. Sections 3.2 and 3.3 of the Codified Law of The North Pacific shall be renumbered 3.1 and 3.2 respectively. Clauses 8 - 19 of Chapter 3 of the Codified Law of The North Pacific shall be renumbered 2 - 13 respectively.

5. The following shall be inserted into Chapter 6 of the Codified Law of The North Pacific:

Section 6.8: The Attorney General
35. The election for the office of Attorney General shall be held during the Judicial Cycle.
36. It is the duty of the Attorney General, and their deputies, to see to completion any proceeding being prosecuted.
37. If the original Attorney General, and their deputies, are unable to complete a pending case before the end of their term, the successor Attorney General will take over as prosecutor and complete the pending proceedings.
38. The Attorney General shall have standing in all cases of judicial review brought before the Court.
39. The Attorney General may request expedited judicial review of any executive action by any official.
40. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
41. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case to act as Special Prosecutor for that case.
42. Failing the existence of a deputy Attorney General who is able to act as Special Prosecutor, the Delegate shall appoint a member of the Regional Assembly, who is not otherwise party to that case, to be a deputy Attorney General who shall then act as Special Prosecutor.
43. This Special Prosecutor shall serve for the duration of the trial and may only be dismissed by the Delegate at their discretion or by the Regional Assembly via a recall vote.
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6. No part of this bill shall take effect unless all parts take effect.
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Romanoffia:
I support this bill exactly as written!
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I wonder if Justice Romanoffia supports the revised version? ;)

Regardless, I support this bill as amended. It clarifies the status of deputy AGs and would go a long way to solving the current gridlock we are experiencing in the TNP judicial system.
 
I enthusiastically support this bill.

Many of our members, including Gaspo and of course Sanc himself, have in the past supported the idea of enhancing the office of the Attorney General with the role of official legal counsel to the government; someone the regional officials can turn to for authoritative (though not definitive) legal advice, instead of resorting to the Courts. I had myself expressed support for this idea during my latest electoral campaign for Justice. I am glad to see Sanc propose this bill to implement it.

This bill also addresses many shortcomings of the current legal provisions relating to the office of the Attorney General. As the Speaker mentioned, the grey area of deputies to the Attorney General and their exact role is addressed. Several conflicts of interest are removed, including the possibility of the Attorney General having to prosecute themselves. Other absurdities, like the Attorney General having to serve as the Chief Prosecutor in civil cases, are being dealt with. Issues such as what happens with outstanding cases during transitions from one Attorney General to another are also handled more elegantly.

I have no issues with the current draft. It will effect a great many positive changes to our statute. I urge the RA to vote in favor.
 
I'd like to give the AG the right to subpoena witnesses, obviously with approval from the court. But this is a tool that I think should be given to AGs.

I also believe that the newly elected AG should have the ability to dismiss the Special Prosecutor and not be beholden to someone else's appointment.
 
The power to subpoena witnesses, if we decided to institute one, should be given directly to the Court. Both the prosecution and defense would then argue, during the various evidentiary submission stages, to persuade the Court about the necessity of a witness' testimony, and the presiding Justice could decide to issue an order.

However, this is an entirely separate issue, unrelated to this bill.
 
punk d:
I also believe that the newly elected AG should have the ability to dismiss the Special Prosecutor and not be beholden to someone else's appointment.
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Special Prosecutors are only appointed when the Attorney General is a defendant, the defence attorney, or a witness. The AG is deliberately stripped of the power to dismiss the Special Prosecutor because then we'd have the situation where he'd be able to fire the guy presenting the case against him.
 
Even if it is a new AG, not the one having a case against themselves, they should still not be able to remove the Special Prosecutor. This would go against the long-standing principle in our statute, that prosecutors have a duty to see to completion cases assigned to them.
 
r3naissanc3r:
Even if it is a new AG, not the one having a case against themselves, they should still not be able to remove the Special Prosecutor. This would go against the long-standing principle in our statute, that prosecutors have a duty to see to completion cases assigned to them.
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I was running a case when Gaspo became AG and he wanted to take it over. I saw no issue with that.

I believe the new AG should be able to do so and further, why is it ok for justices to change in a case and AG remain the same. That has always been a bit of a inconsistency within the laws for me.

The power to subpoena witnesses, if we decided to institute one, should be given directly to the Court. Both the prosecution and defense would then argue, during the various evidentiary submission stages, to persuade the Court about the necessity of a witness' testimony, and the presiding Justice could decide to issue an order.

However, this is an entirely separate issue, unrelated to this bill.
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I think you understood what I meant by subpoena. The AG should have the right to request such a writ which would be granted by the courts. I also believe if this is an Ominbus bill, then it should be germane to this conversation. Stated another way - do you think different sections of our laws would be updated to reflect this new 'power' or would we need to change the sections that we're discussing now? If you think it's the same sections, then I would say we can and should discuss this now. But if you're saying that it would be elsewhere, ok...I guess.

Special Prosecutors are only appointed when the Attorney General is a defendant, the defence attorney, or a witness. The AG is deliberately stripped of the power to dismiss the Special Prosecutor because then we'd have the situation where he'd be able to fire the guy presenting the case against him.
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Then I believe the numbering got me. I wasn't reading 42 as being dependent upon 41. I read them separately. Could we move 42 as a direct descendant of 41? I say this because if you look at 42 in a vacuum:
42. Failing the existence of a deputy Attorney General who is able to act as Special Prosecutor, the Delegate shall appoint a member of the Regional Assembly, who is not otherwise party to that case, to be a deputy Attorney General who shall then act as Special Prosecutor.
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...it suggests that if there is no Deputy, then the Delegate can appoint anyone to be a deputy. In a vacuum it doesn't appear to put the stipulations coming from 41.
 
punk d:
The power to subpoena witnesses, if we decided to institute one, should be given directly to the Court. Both the prosecution and defense would then argue, during the various evidentiary submission stages, to persuade the Court about the necessity of a witness' testimony, and the presiding Justice could decide to issue an order.

However, this is an entirely separate issue, unrelated to this bill.
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I think you understood what I meant by subpoena. The AG should have the right to request such a writ which would be granted by the courts. I also believe if this is an Ominbus bill, then it should be germane to this conversation. Stated another way - do you think different sections of our laws would be updated to reflect this new 'power' or would we need to change the sections that we're discussing now? If you think it's the same sections, then I would say we can and should discuss this now. But if you're saying that it would be elsewhere, ok...I guess.
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No, I do not think it should be part of the AG-related section.

First of all, to clarify again, the power to subpoena should 1) be exercised by the Court; 2) be available, in the form of requests to be approved by a Justice, to the parties in a criminal trial. Those parties need not include the AG. It may be one of their deputies, or a special prosecutor. Also, the AG by virtue alone of their office should not be able to request subpoenas. Only if they are part of the prosecution in a case should they be able to do so.

Secondly, I believe such a power should be best implemented through a contempt-of-court offense, to be included in the Criminal Code. This would also allow the Court to enforce its other rules for trial, something the Court currently does not have the power to do (e.g., I can currently say in a criminal trial that the defense may no longer may any other statements, but I can do squat if the defense chooses to ignore me). Subpoenas then would take the form of Court orders provided for by the rules of the Court, and those in violation of such an order would be found in contempt.
 
punk d:
Special Prosecutors are only appointed when the Attorney General is a defendant, the defence attorney, or a witness. The AG is deliberately stripped of the power to dismiss the Special Prosecutor because then we'd have the situation where he'd be able to fire the guy presenting the case against him.
Click to expand...

Then I believe the numbering got me. I wasn't reading 42 as being dependent upon 41. I read them separately. Could we move 42 as a direct descendant of 41? I say this because if you look at 42 in a vacuum:
42. Failing the existence of a deputy Attorney General who is able to act as Special Prosecutor, the Delegate shall appoint a member of the Regional Assembly, who is not otherwise party to that case, to be a deputy Attorney General who shall then act as Special Prosecutor.
Click to expand...

...it suggests that if there is no Deputy, then the Delegate can appoint anyone to be a deputy. In a vacuum it doesn't appear to put the stipulations coming from 41.
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The "who is not otherwise party to that case" is I think pretty clear in that it's a follow on from the previous clause.
 
Sanc that isn't that clear to me. But I'm rereading, and I think "special prosecutor" makes the link as the clauses all talk about that 'office'. So, I think I'm fine there.

r3n - so you would like the subpoena to be part of a contempt-of-court process which, obviously, does fall outside the definition of the AG. Also, generally when I refer to AG I'm referring to the office (which includes deputies) and not always the officeholder. So when I say the AG should have the right to subpoena this includes all of his/her deputies.

I'm content to wait to discuss the particulars of a subpoena process in a different thread seeing as you'd like to put that in a different part of our laws.
 
punk d:
Sanc that isn't that clear to me. But I'm rereading, and I think "special prosecutor" makes the link as the clauses all talk about that 'office'. So, I think I'm fine there.
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I can put "and" at the end of 41. if it helps. I just dislike really long sentences.
 
punk d:
I think because all of these talk about special prosecutors, I'm good.
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Ok, excellent. Thank you!

As to the other discussion, I would agree with r3n in saying that I'd prefer issues to due with subpoenas and stuff like to be sorted in another bill.
 
Slight update.

Attorney General Omnibus Bill

1. Articles 4 - 8 of the Constitution of The North Pacific shall be renumbered 5 - 9 respectively.

2. The following shall be inserted into the Constitution of The North Pacific:

Article 4. Attorney General

  1. The Regional Assembly will elect an Attorney General by plurality vote every four months.
  2. The Attorney General will serve as prosecutor in all criminal cases brought before the Court, save those outlined below, and will also act as a legal advisor to the Delegate, and/or the Executive, of The North Pacific upon request.
  3. The Attorney General shall not serve as prosecutor in any criminal case in which they are a defendant, the defence attorney, or a witness.
  4. The Attorney General may appoint deputies to assist them in the execution of any of their powers and duties. Appointment of deputies may be regulated by law.
Click to expand...

3. Section 3.1 of the Codified Law of The North Pacific shall be stricken.

4. Sections 3.2 and 3.3 of the Codified Law of The North Pacific shall be renumbered 3.1 and 3.2 respectively. Clauses 8 - 19 of Chapter 3 of the Codified Law of The North Pacific shall be renumbered 2 - 13 respectively.

5. The following shall be inserted into Chapter 6 of the Codified Law of The North Pacific:

Section 6.8: The Attorney General
35. The election for the office of Attorney General shall be held during the Judicial Cycle.
36. It is the duty of the Attorney General, and their deputies, to see to completion any proceeding being prosecuted.
37. If the original Attorney General, and their deputies, are unable to complete a pending case before the end of their term, the successor Attorney General will take over as prosecutor and complete the pending proceedings.
38. The Attorney General shall have standing in all cases of judicial review brought before the Court.
39. The Attorney General may request expedited judicial review of any executive action by any official.
40. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
41. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case to act as Special Prosecutor for that case.
42. Failing the existence of a deputy Attorney General who is able to act as Special Prosecutor, the Delegate shall appoint a member of the Regional Assembly, who is not otherwise party to that case, to be a deputy Attorney General who shall then act as Special Prosecutor.
43. This Special Prosecutor shall serve for the duration of the trial and may only be dismissed by the Delegate at their discretion or by the Regional Assembly via a recall vote.
Click to expand...

6. No part of this bill shall take effect unless all parts take effect.
Click to expand...
 
i don't intend to be active about this bill or this topic, but I should point out that a conflict of interest can arise if the AG or deputy or special appointee are in fact a victim of an alleged criminal offense. That isn't covered by the current language, as it isn't necessarily going to be the case that a victim will always be, for instance, a witness.
 
Grosseschnauzer:
i don't intend to be active about this bill or this topic, but I should point out that a conflict of interest can arise if the AG or deputy or special appointee are in fact a victim of an alleged criminal offense. That isn't covered by the current language, as it isn't necessarily going to be the case that a victim will always be, for instance, a witness.
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I don't see a CoI with the AG being a victim and continuing to prosecute a case.

One of the AG's goals is to win the case; being the victim itself should only motivate him/her more to do so.
 
Slight change to 6.8.43 just to make it even more clear what that sentence is supposed to mean/do.

Attorney General Omnibus Bill

1. Articles 4 - 8 of the Constitution of The North Pacific shall be renumbered 5 - 9 respectively.

2. The following shall be inserted into the Constitution of The North Pacific:

Article 4. Attorney General

  1. The Regional Assembly will elect an Attorney General by plurality vote every four months.
  2. The Attorney General will serve as prosecutor in all criminal cases brought before the Court, save those outlined below, and will also act as a legal advisor to the Delegate, and/or the Executive, of The North Pacific upon request.
  3. The Attorney General shall not serve as prosecutor in any criminal case in which they are a defendant, the defence attorney, or a witness.
  4. The Attorney General may appoint deputies to assist them in the execution of any of their powers and duties. Appointment of deputies may be regulated by law.
Click to expand...

3. Section 3.1 of the Codified Law of The North Pacific shall be stricken.

4. Sections 3.2 and 3.3 of the Codified Law of The North Pacific shall be renumbered 3.1 and 3.2 respectively. Clauses 8 - 19 of Chapter 3 of the Codified Law of The North Pacific shall be renumbered 2 - 13 respectively.

5. The following shall be inserted into Chapter 6 of the Codified Law of The North Pacific:

Section 6.8: The Attorney General
35. The election for the office of Attorney General shall be held during the Judicial Cycle.
36. It is the duty of the Attorney General, and their deputies, to see to completion any proceeding being prosecuted.
37. If the original Attorney General, and their deputies, are unable to complete a pending case before the end of their term, the successor Attorney General will take over as prosecutor and complete the pending proceedings.
38. The Attorney General shall have standing in all cases of judicial review brought before the Court.
39. The Attorney General may request expedited judicial review of any executive action by any official.
40. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
41. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case to act as Special Prosecutor for that case.
42. Failing the existence of a deputy Attorney General who is able to act as Special Prosecutor, the Delegate shall appoint a member of the Regional Assembly, who is not otherwise party to that case, to be a deputy Attorney General who shall then act as Special Prosecutor.
43. This Special Prosecutor shall serve for the duration of the trial and may only be dismissed prior to this by the Delegate at their discretion or by the Regional Assembly via a recall vote.
Click to expand...

6. No part of this bill shall take effect unless all parts take effect.
Click to expand...
 
Formal debate ended two days ago so ... is the Speaker going to schedule a vote?
 
My apologies for being late to the party on this one. I was originally going to support it, but then I started thinking about what Schnauzers said. I am concerned about the concept of the AG as witness. The bill is not specific about the definition of "witness." Does it simply mean someone whose name appears on the witness list? Or does it refer to an individual who has first-hand knowledge of the events? Since the law is unclear, it is something the court may be called upon to interpret, no?

Allow me to give an example of where I am going with this. Let's say we have a coup. Once the couper, let's call him Coup3, is unseated we bring criminal charges. Coup3 has a clever attorney. Let's call him Shark2. Shark2 argues that the AG - or shall we say - Chump1, was a witness to the incident. In fact, Chump1's WA nation, Chump Reloaded, was banjected by Coup3. Shark2 insists that Chump1 cannot prosecute this case., as it would be in violation of 6.8:4.3. Similarly, Chump1's deputies, Chump2, Chump3 and Chumpo cannot serve. So it is up to McDelegate to find a Special Prosecutor. Now Coup3 conducted what is generally a very public event. Shark2 is going to be able to make a pretty good case that essentially everyone is in fact a witness to the alleged crimes. Finally, after weeks of wrangling, McDelegate finds a brand new nation, Little Chump, to serve as Special Prosecutor. Now Little Chump has the Herculean task of putting the case together - a case he knows little about. Does Little Chump have a snowball's chance in hell of beating the savvy Shark2? Nope, case dismissed. Coup3 gets off scott-free. But it isn't over yet. Coup3 applies to the RA. On the advice of the SC, Vice Delegaria blocks the application. Now Coup3 brings a suit for violation of his civil rights. At this point, everyone turns to Flemingovia and begs, "Oh God, please help us!"
 
I think that the phrase "witness in a criminal case" makes it pretty clear that they have to be called as a witness to trigger that clause. Otherwise, it might say "witness to an alleged crime" or similar.

But I'm no judge.
 
Basically what's been said above.

If I recall correctly, the trial moderator has to approve the list of witnesses, I would expect that (s)he wouldn't clash the AG or his/her deputies as a witness unless it was clear they are a valid one.
 
If I understand correctly, the judge would not allow Shark2 to include Chump1 on the witness list? What if Chump1 knows something about Coup3 or the alleged events that Shark2 considers vital to the defense of his client?
 
I'm not entirely sure, but unless procedures have changed, or I'm really misremembering, each attorney has to defend their witness list to the presiding Justice and convince him why X should be on it.
 
Great Bights Mum:
If I understand correctly, the judge would not allow Shark2 to include Chump1 on the witness list? What if Chump1 knows something about Coup3 or the alleged events that Shark2 considers vital to the defense of his client?
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I would imagine that the judge (let's call him Wren4) would make a judgment call on whether Chump1's testimony was necessary, and if he decided it was, then Chump1 would need to be replaced by a special prosecutor, which is exactly the kind of case where this law is needed. Currently, Chump1 would be allowed to testify and prosecute, which is undesirable.

If, as in your earlier hypothetical, Shark2 called the entire region as witnesses, I doubt Wren4 would stand for it.
 
punk d:
GBM!!! Chump Reloaded??!!?!? I'm hurt...I'm so hurt. :P
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I'm honest to God still chuckling whenever I read McDelegate and Vice Delegaria.

The former sounds like something you'd get in a fastfood place, the latter sounds like an STI. Which is apt when you consider the initials of Vice Delegate.
 
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