[Accepted]Application for Admission to the Bar: Eluvatar

Eluvatar

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Application for Admission to the Bar

Applicant name: @Eluvatar

Part One: Experience as a Justice or counsel

1. Have you served as a Justice (including as a Temporary Hearing Officer)? Yes

2. Between what dates did you serve as a Justice (including as a Temporary Hearing Officer)? From 2008-06-02 to 2008-06-10, from 2010-07-24 to 2010-11-30, as THO (Temporary Hearing Officer) from 2016-05-01 to 2016-05-09, from 2016-07-16 to 2017-01-04, from 2018-11-12 to 2019-11-13, as THO 2020-07-11 to 2020-08-12 (?), from 2020-08-12 to 2020-09-02, and 2023-05-29 to present.

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)
Yes, in The North Pacific v. The Swedish Republic of New Kenya and The North Pacific v. Bobberino

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. Ruling on Delegate and Vice Delegate Endorsement Counts 2016-09-18, Ruling on the Power of the Court to Compel the Disclosure of Information 2016-10-17, Sentencing Order in TNP v. The Swedish Republic of New Kenya 2016-11-14, Ruling on the Freedom of Information Act and Off-forum Content 2019-03-01, dissent against the Ruling on the Delegate's Authority to Staff the Executive Branch 2019-05-19, Sentencing Order in TNP v. Bobberino 2019-09-19

5. Have you served as a Prosecutor? Yes

6. Which criminal trials did you prosecute?
TNP v JAL, TNP v JAL (2),

7. Did you participate in any requests for review related to those trials? Yes, flemingovia's A formal Request to the Chief Justice of 2011-08-16, my Request for Opinion of 2011-10-06, flemingovia's request for clarification of 2011-10-11, my Request for Review of Delegate's dropping TNP v. JAL of 2012-02-06, flemingovia's Request under tnp law 29 of 2012-03-10, and technically I participated (to say "not my business") in Request for a judicial review of 2012-03-24

8. Have you served as counsel to a defendant in a criminal trial? Yes

9. In which criminal trials were you counsel to a defendant? TNP vs SacofTomatos, The North Pacific v. Grosseschnauzer (alongside @r3naissanc3r), and The North Pacific v Eluvatar (alongside @Belschaft, @Gaspo, and @r3naissanc3r).

10. Did you participate in any requests for review related to those trials? Yes, Request for Review: Right against self-incrimination of 2013-01-05

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

12. Have you authored any briefs in requests for review? (If so, please identify the requests for review) Yes, I made a petition for judicial review 2007-11-06, a request for review 2011-10-01, a request for opinion 2011-10-06, a request for review 2012-02-06, a request for opinion 2011-02-24, an urgent request for opinion 2012-03-21, a brief 2012-04-22, a request for clarification 2012-05-30, a brief 2012-07-01, a brief 2012-09-15, a request for review 2012-11-27, a request for review 2013-01-05, a comment 2013-01-22, a brief 2013-03-19, a comment 2016-11-24, and a dissent 2019-05-19.

13. Have you authored any other substantial legal work? (If so, identify no more than two) Yes, my Constitutional history class from 2007 and draft legal manual from 2016, notable for its section on legal theory.

Part Three: Other Relevant Experience

14. Have you served in a Constitutionally-mandated Elected Office? (This does not include the office of Justice) Yes

15. Which offices have you served in and between what dates? Speaker from 2007-05-07 to 2007-10-05, Delegate from 2008-06-10 to 2008-09-17, Vice Delegate from 2008-09-18 to 2009-01-18, Vice Delegate from 2010-01-21 to 2010-07-24, Attorney General from 2011-06-29 to 2012-04-20, Delegate from 2012-05-27 to 2012-11-05, and Delegate from 2015-05-26 to 2015-09-12.

16. Were you required to make a decision which required you to analyse and apply the law?

Yes. As Attorney General I had to come up with understandings of the law, advise the government of them, and pursue them in request for review. I had to analyze law also for prosecutions. As Delegate and Vice Delegate I have also had to analyse and apply the law on many occasions.

For instance, I would point to my choice to first ask if I had the power to sign or veto the proposed Endorsement Cap Act, then to veto it following clarification. I believed it would be legally questionable, even if allowed by the Court, to sign such a bill into law as it had been in limbo for multiple months and had passed by a relatively slim majority.

I would also point to my devising a compromise system for WA resolution voting after a court ruling found the traditional policy unconstitutional.

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) No

...

Part Four: Acceptability Disclosure

20. Have you previously been convicted of any crime in The North Pacific? No

...

22. Have you previously been recalled from office as Justice or Prosecutor? No

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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

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26. Have you previously had your membership of the Bar revoked for any reason other than ceasing to be a citizen? No

...

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?

I did not answer Yes to any of the questions.

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.
 
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The bar voted 2 - 0 with 1 (Eluvatar Abstaining) to accept your application to the bar.
 
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