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Rules of the Bar Commission
Chapter One: General Procedures
Section One: Decision-making
1. The Bar Commissioners may conduct discussions and make decisions in private.
2. The Bar Commissioners will endeavour to make decisions by unanimous consensus.
3. If the Bar Commissioners cannot reach a decision by consensus, the Bar Commissioners may decide any matter by majority vote.
4. Any vote by the Bar Commissioners will last for three days and must be taken on the official forum.
5. If, during any vote, an absolute majority is reached, a single Bar Commissioner may end the vote early at their discretion.
6. A single Bar Commissioner may make a decision for the Bar Commissioners where permitted by these Rules.
7. Any decision made by a single Bar Commissioner must be reconsidered by all the Bar Commissioners if requested by a person adversely affected by the decision.
Section Two: Amendments to these Rules
1. The Bar Commissioners may amend these Rules at any time by unanimous consensus or majority vote.
2. The Bar Commissioners will publish any decision or discussion to amend these Rules.
Section Three: Rosters
1. The Bar Commissioners will maintain a roster of current Bar Commissioners, the date they began their tenure, and the date of their most recent oath of office.
2. The Bar Commissioners will maintain a roster of current members of the bar, the date of their admission to the bar, and the date of their most recent re-assessment.
Chapter Two: Provisional Standard for Admission to the Bar
Section One: Applications
1. An application for admission to the Bar may be made by any citizen not currently serving a judicially-imposed sentence.
2. Applications must be made using the form established by the Bar Commissioners.
3. Applications must be posted publicly in a thread designated by the Bar Commissioners.
4. Any application which does not meet the above requirements may be refused by a single Bar Commissioner.
Section Two: Assessment of Applicants
1. The Bar Commissioners will admit to the Bar any applicant who satisfies the Bar Commissioners that they would be an acceptable member of the Bar and that they have adequate and reasonable knowledge of the law.
2. In deciding whether they are satisfied, the Bar Commissioners will have particular regard to service by the applicant as a Justice or Prosecutor.
3. The Bar Commissioners will also consider the following factors:
4. If the Bar Commissioners decide that they are not satisfied that the applicant would be an acceptable member of the Bar on the basis of the above factors, they will refuse the application.
5. If the Bar Commissioners decide that they are not satisfied that the applicant has adequate and reasonable knowledge of the law on the basis of the above factors, they may require the applicant to undertake a further assessment or may refuse the application.
6. Further assessment will consist of an interview conducted with the applicant by a single Bar Commissioner.
7. The interview will consist of questions concerning the law which will be determined by the Bar Commissioners in advance of the interview.
8. The questions may be used generally for all applicants or may be specific to the applicant.
9. The single Bar Commissioner conducting the interview may ask additional questions where they consider it appropriate to clarify any answer given in answer to the questions determined by the Bar Commissioners.
10. A transcript of the interview will be made available to the Bar Commissioners.
11. If the Bar Commissioners decide that they are satisfied on the basis of the further assessment and the above factors, they will admit the applicant to the Bar.
12. If the Bar Commissioners decide that they are not satisfied on the basis of the further assessment and the above factors, they will refuse the application.
Section Three: Publication of Decisions
1. The Bar Commissioners will discuss and decide applications for admission to the Bar in private.
2. The Bar Commissioners will publish any decision to admit or refuse an applicant.
3. If the application was decided by the Bar Commissioners without a further assessment, the Bar Commissioners will publish their discussions.
4. If the application was decided by the Bar Commissioners following a further assessment, the Bar Commissioners will not publish their discussions.
Chapter Three: Membership of the Bar
Section One: Duties of Members of the Bar
1. Members of the Bar have a duty to ensure that they continue to be acceptable members of the Bar and maintain adequate and reasonable knowledge of the law.
2. Members of the Bar have the following duties when acting as counsel in criminal cases (including requests for review relating to criminal cases they are acting as counsel in):
Section Two: Re-Assessment
1. If the Bar Commissioners substantially change the process for assessment of applications to the Bar, they may require members of the Bar to undertake re-assessment.
2. If the Bar Commissioners decide to require a member of the Bar to undertake re-assessment, the Bar Commissioners will notify the member of that.
3. If the member of the Bar does not confirm that they will undertake re-assessment within 30 days of being notified, their membership may be revoked.
4. A single Bar Commissioner may revoke the membership of a member of the Bar when allowed by the above rule.
5 If the member of the Bar confirms that they will undertake re-assessment, they will be subject to the parts of the process for assessment of applications which have substantially changed since the member of the Bar was admitted to the Bar or since they were last re-assessed.
6. The Bar Commissioners will decide on the basis of the re-assessment and any relevant information from prior assessments whether they are satisfied that the member of the Bar continues to be an acceptable member of the Bar and has maintained adequate and reasonable knowledge of the law.
7. If the Bar Commissioners are not satisfied, they will revoke the membership of the member of the Bar.
Section Three: Loss of Membership for Breach of Duty
1. If the Bar Commissioners consider that there has been a breach of any duty of a member of the Bar and that because of that breach of duty the member is no longer be an acceptable member of the Bar, they may revoke the membership of the member.
2. Before revoking the membership of a member of the Bar under this Section, the Bar Commissioners must:
Section Four: Automatic Loss of Membership
1. If a member of the Bar is given a judicially-imposed sentence, their membership will be revoked.
2. If a member of the Bar ceases to be a citizen, their membership will be revoked.
3. A single Bar Commissioner may revoke the membership of a member of the Bar where required by this Section.
Section Five: Publication of Decisions
1. The Bar Commissioners will discuss and decide any re-assessment or revocation of membership of the Bar in private.
2. The Bar Commissioners will publish any decision to revoke membership of the Bar.
3. If the Bar Commissioners are required to give reasons for revoking membership of the Bar, they must publish those reasons.
4. The Bar Commissioners will not publish their discussions of any re-assessment or revocation of membership of the Bar.
Chapter One: General Procedures
Section One: Decision-making
1. The Bar Commissioners may conduct discussions and make decisions in private.
2. The Bar Commissioners will endeavour to make decisions by unanimous consensus.
3. If the Bar Commissioners cannot reach a decision by consensus, the Bar Commissioners may decide any matter by majority vote.
4. Any vote by the Bar Commissioners will last for three days and must be taken on the official forum.
5. If, during any vote, an absolute majority is reached, a single Bar Commissioner may end the vote early at their discretion.
6. A single Bar Commissioner may make a decision for the Bar Commissioners where permitted by these Rules.
7. Any decision made by a single Bar Commissioner must be reconsidered by all the Bar Commissioners if requested by a person adversely affected by the decision.
Section Two: Amendments to these Rules
1. The Bar Commissioners may amend these Rules at any time by unanimous consensus or majority vote.
2. The Bar Commissioners will publish any decision or discussion to amend these Rules.
Section Three: Rosters
1. The Bar Commissioners will maintain a roster of current Bar Commissioners, the date they began their tenure, and the date of their most recent oath of office.
2. The Bar Commissioners will maintain a roster of current members of the bar, the date of their admission to the bar, and the date of their most recent re-assessment.
Chapter Two: Provisional Standard for Admission to the Bar
Section One: Applications
1. An application for admission to the Bar may be made by any citizen not currently serving a judicially-imposed sentence.
2. Applications must be made using the form established by the Bar Commissioners.
3. Applications must be posted publicly in a thread designated by the Bar Commissioners.
4. Any application which does not meet the above requirements may be refused by a single Bar Commissioner.
Section Two: Assessment of Applicants
1. The Bar Commissioners will admit to the Bar any applicant who satisfies the Bar Commissioners that they would be an acceptable member of the Bar and that they have adequate and reasonable knowledge of the law.
2. In deciding whether they are satisfied, the Bar Commissioners will have particular regard to service by the applicant as a Justice or Prosecutor.
3. The Bar Commissioners will also consider the following factors:
- Service by the applicant as counsel to a defendant in a criminal trial;
- Legal writing by the applicant, particularly briefs submitted in requests for review;
- Service by the applicant as a government official where this shows substantial knowledge of the law;
- Any prior conviction for a crime in The North Pacific;
- Any recall of the applicant from office as a Justice or Prosecutor;
- Any decision by the Court finding the applicant to be in contempt of court or that an appeal or review submitted by the applicant was frivolous or solely for the purpose of delaying proceedings;
- Any prior revocation of the applicant's membership of the Bar.
4. If the Bar Commissioners decide that they are not satisfied that the applicant would be an acceptable member of the Bar on the basis of the above factors, they will refuse the application.
5. If the Bar Commissioners decide that they are not satisfied that the applicant has adequate and reasonable knowledge of the law on the basis of the above factors, they may require the applicant to undertake a further assessment or may refuse the application.
6. Further assessment will consist of an interview conducted with the applicant by a single Bar Commissioner.
7. The interview will consist of questions concerning the law which will be determined by the Bar Commissioners in advance of the interview.
8. The questions may be used generally for all applicants or may be specific to the applicant.
9. The single Bar Commissioner conducting the interview may ask additional questions where they consider it appropriate to clarify any answer given in answer to the questions determined by the Bar Commissioners.
10. A transcript of the interview will be made available to the Bar Commissioners.
11. If the Bar Commissioners decide that they are satisfied on the basis of the further assessment and the above factors, they will admit the applicant to the Bar.
12. If the Bar Commissioners decide that they are not satisfied on the basis of the further assessment and the above factors, they will refuse the application.
Section Three: Publication of Decisions
1. The Bar Commissioners will discuss and decide applications for admission to the Bar in private.
2. The Bar Commissioners will publish any decision to admit or refuse an applicant.
3. If the application was decided by the Bar Commissioners without a further assessment, the Bar Commissioners will publish their discussions.
4. If the application was decided by the Bar Commissioners following a further assessment, the Bar Commissioners will not publish their discussions.
Chapter Three: Membership of the Bar
Section One: Duties of Members of the Bar
1. Members of the Bar have a duty to ensure that they continue to be acceptable members of the Bar and maintain adequate and reasonable knowledge of the law.
2. Members of the Bar have the following duties when acting as counsel in criminal cases (including requests for review relating to criminal cases they are acting as counsel in):
- They must assist the Court to try the case fairly and expeditiously;
- They must comply with their duty to disclose exculpatory evidence when acting as a Prosecutor;
- They must act in the interests of justice in the region when acting as a Prosecutor;
- They must act in the interest of their client when acting as counsel to a defendant;
- They must not knowingly mislead the Court.
- They must assist the Court to decide the review in accordance with the law;
- They must act in the interest of their client when acting as counsel;
- They must not knowingly mislead the Court.
Section Two: Re-Assessment
1. If the Bar Commissioners substantially change the process for assessment of applications to the Bar, they may require members of the Bar to undertake re-assessment.
2. If the Bar Commissioners decide to require a member of the Bar to undertake re-assessment, the Bar Commissioners will notify the member of that.
3. If the member of the Bar does not confirm that they will undertake re-assessment within 30 days of being notified, their membership may be revoked.
4. A single Bar Commissioner may revoke the membership of a member of the Bar when allowed by the above rule.
5 If the member of the Bar confirms that they will undertake re-assessment, they will be subject to the parts of the process for assessment of applications which have substantially changed since the member of the Bar was admitted to the Bar or since they were last re-assessed.
6. The Bar Commissioners will decide on the basis of the re-assessment and any relevant information from prior assessments whether they are satisfied that the member of the Bar continues to be an acceptable member of the Bar and has maintained adequate and reasonable knowledge of the law.
7. If the Bar Commissioners are not satisfied, they will revoke the membership of the member of the Bar.
Section Three: Loss of Membership for Breach of Duty
1. If the Bar Commissioners consider that there has been a breach of any duty of a member of the Bar and that because of that breach of duty the member is no longer be an acceptable member of the Bar, they may revoke the membership of the member.
2. Before revoking the membership of a member of the Bar under this Section, the Bar Commissioners must:
- Notify the member that they are considering revoking their membership and of the reasons for doing so;
- Allow the member 7 days to respond to the notice;
- Consider any response given by the member.
Section Four: Automatic Loss of Membership
1. If a member of the Bar is given a judicially-imposed sentence, their membership will be revoked.
2. If a member of the Bar ceases to be a citizen, their membership will be revoked.
3. A single Bar Commissioner may revoke the membership of a member of the Bar where required by this Section.
Section Five: Publication of Decisions
1. The Bar Commissioners will discuss and decide any re-assessment or revocation of membership of the Bar in private.
2. The Bar Commissioners will publish any decision to revoke membership of the Bar.
3. If the Bar Commissioners are required to give reasons for revoking membership of the Bar, they must publish those reasons.
4. The Bar Commissioners will not publish their discussions of any re-assessment or revocation of membership of the Bar.