[Accepted] Application for admission to the Bar: TlomzKrano

TlomzKrano

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Tlomz
Application for Admission to the Bar

Applicant name: TlomzKrano

Part One: Experience as a Justice or counsel

1. Have you served as a Justice (including as a Temporary Hearing Officer)? Yes (if No, move to question 5)

2. Between what dates did you serve as a Justice (including as a Temporary Hearing Officer)? May 6th, 2022 - May 10th 2022, May12th - May 30th (filling in for court vacancy that ended with the Special Justice Election)

3. Were you the Moderating Justice in any criminal trials or requests for review? (If so, please identify which criminal trials or requests for review) No

4. Were you the author or a co-author of any Official Opinions, Verdicts or Sentencing Orders of the Court? (If so, please identify the Official Opinions, Verdicts or Sentencing Orders) Yes, "[R4R] When is an Election Commissioner no longer a Candidate for the Purpose of Section 4.3.15"

5. Have you served as a Prosecutor? No (if No, move to question 8)

6. Which criminal trials did you prosecute? NA

7. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review) NA

8. Have you served as counsel to a defendant in a criminal trial? No (if No, move to question 11)

9. In which criminal trials were you counsel to a defendant? NA

10. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review) NA

Part Two: Legal Writing


11. Have you authored any substantial legal work? (Examples include: briefs in requests for review; analysis or explanations of the law; arguments in criminal trials; bills that have been made law. However, it does not include any Official Opinion, Verdict or Sentencing Order of the Court or any decision or argument made in a trial or request for review identified in Part One) Yes , I have assisted in crafting various arguments for briefs previously however I have not been a direct author for any in regards to TNP legal proceedings. (if No, move to question 14)

12. Have you authored any briefs in requests for review? (If so, please identify the requests for review) NA

13. Have you authored any other substantial legal work? (If so, identify no more than two) Yes, I have extensive WA experience both in authorship (2x GA) and in regional leadership as the Minister of World Assembly Affairs, WA Advisor and Council, and various other WA related positions which combine for at least 3 years (honestly lost track at this point). While this is not directly related to TNP law, I argue it is relevant as it shows my ability to navigate a complex legal environment that required me to analyze both existing and repealed resolutions, WA Rules and Procedures, and how GA Secretariat rulings influence the interpretation and legality of new and existing proposals.

Additionally, I have authored a
NAP and subsequent Treaty with Lazarus. I believe this experience speaks for itself, however I will point out that treaty authorship does require a great deal of understanding in procedures both domestically and in our partner regions as well as how relevant laws to pertain to a treaty's enforceability in regards to our own citizenry and signatory regions/entities.

Part Three: Other Relevant Experience


14. Have you served in a Constitutionally-mandated Elected Office? (This does not include the office of Justice) Yes (if No, move to question 17)

15. Which offices have you served in and between what dates? Delegate: Sept 2020 - Jan 2021

16. Were you required to make a decision which required you to analyse and apply the law? (If so, please identify no more than two examples of this and explain why they show substantial knowledge of the law) I would argue that the job of Delegate and the countless decisions that come with the job require constant grappling with the law and how it is interpreted and applied. It may not as in-depth as a court justice or frequent participator/contributor to briefs, however given leadership of the region, I was always generally aware of what was going on. I did have to appoint a prosecutor and witness R4Rs with varying relevancy to my position as Delegate. My term was also during a time when there was debate on the limit of the ability for border control officers to kick people from the region during ZDay. However, I want to clarify that my position did not require heavy analyzation of and particular portion of the legal code, but rather to the extent that one who pays close attention to proceedings and court activity might have.

17. Have you served as a government official in any other office in the previous two years? (This does not include any office identified in Part One) Yes (if No, move to question 20)

18. Which offices have you served in and between what dates? Security Council: Feb 2021 - Present, Minister of Foreign Affairs: Sept 2021 - Jan 2022, Advisor to the Delegate: Jan 2022 - May 2022

19. Were you required to make a decision which required you to analyse and apply the law? (If so, please identify an example of this and explain why it shows substantial knowledge of the law) To a similar extent of that I previously described in my role as delegate, but again not requiring any incredible effort in analyzing specific portions of the law.

Part Four: Acceptability Disclosure


20. Have you previously been convicted of any crime in The North Pacific? No (if No, move to question 22)

21. What crime/crimes were you convicted of? (Please identify the date of each conviction) NA

22. Have you previously been recalled from office as Justice or Prosecutor? No (if No, move to question 24)

23. On what date/dates were you recalled from office? NA

24. Have you previously been found by the Court to be in contempt of court or to have submitted an appeal or review that was frivolous or solely for the purpose of delaying proceedings? No (if No, move to question 26)

25. In which trials or requests for review did the Court make those findings? NA

26. Have you previously had your membership of the Bar revoked for any reason other than ceasing to be a citizen? No (if No, move to question 28)

27. On what date/dates was your membership revoked? NA

28. If you answered Yes to any of questions 20, 22, 24, or 26, why do you consider that you would be an acceptable member of the bar, despite any prior conviction, recall, adverse finding by the Court, or revocation of Bar membership? NA

Part Six: Request for Admission and Declaration


I apply to the Bar Commissioners for admission to the Bar.

I declare that the information I have provided in this application is true and that I have not failed to provide any information required by this application.
 
The Bar Commission have reviewed the application, and we have decided to accept TlomzKrano's application to the Bar.

TlomzKrano has applied to the Bar in this thread.

@Zyvetskistaahn @Lord Dominator , thoughts?

My initial sense is that Tlomz’s application is that, overall, I would be minded to favour admission but I think it is closer than the other applications we have had so far. One thing I may have liked to see would be some further experience in relation to criminal matters.

There is some experience in the area we should look to particularly, service as Justice or Prosecutor. There is THO experience in the R4R referred to and it shows understanding of the law but was about a fairly narrow issue and Pallaith was identified as the drafter (though clearly the opinion must have reflected that of the whole Court including Tlomz). The other experience, particularly as Delegate, tends to support admission: while in depth analysis of the law is not a feature of the roles, the need for an awareness of relevant provisions (such as the example given about ejections during the Z Day event).

I think there is some difficulty in relation to the answers on legal writing (Questions 11 and 13), in that I don’t think some of the things set out are strictly within the scope of what we can consider in relation to knowledge, given the Legal Code requires demonstration of “reasonable and adequate knowledge of the Constitution, Bill of Rights, Legal Code of The North Pacific, and prior judicial rulings on requests for review”. That said, I think it is relevant to overall acceptability to account for Tlomz’s WA work. I think the legal work in relation to treaties is relevant in showing knowledge of the law as it relates to them.

I largely agree with Zyvet, and do think they have sufficient experience to be accepted.

@Vivanco do you take any different views? If not, then I suggest we vote.

I don't have any different views, as it stands they have enough knowledge of the law to be part of the bar and, if needed, act accordingly.

So, with that clear, and with your proposal, I move this to a vote.

According to the Rules of the Bar Commission, the vote will last (at maximum) three days.

I vote "Aye" to TlomzKrano joining the Bar Association



@Zyvetskistaahn @Lord Dominator


Aye.

Given there is an absolute majority for Aye and we have all voted, I end this vote early. Tlomz is admitted to the bar.
 
I thank the Bar Commissioners for their decision and quick turnaround given the holiday season.
 
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