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Application for Admission to the Bar
Applicant name: Zyvetskistaahn
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)? Justice: 02/04/17 - 28/05/18, 13/11/19 - 12/11/20.
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: TNP v St George (briefly); TNP v New Francois; TNP v Ihese; TNP V Pigeonstan (briefly); TNP v Ikea Rike; On the Speaker’s Power to Extend Voting Periods; On the Regional Ban of Kirina; On the Speaker’s Power to Schedule Votes; On Vague Laws and Responsible Action; On the Power of the Speaker to Direct Deputy Speakers.
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. The Official Opinions in the above mentioned requests for review and On the Form of the Delegate’s Oath. The Verdict in TNP v Ihese. The Sentencing Orders in TNP v New Francois, TNP v Slatos, TNP v Whole India, and TNP v Ikea Rike.
5. Have you served as a Prosecutor? <No> (if No, move to question 8)
6. Which criminal trials did you prosecute?
7. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review)
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?
10. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review)
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> (if No, move to question 14)
12. Have you authored any briefs in requests for review? (If so, please identify the requests for review) Yes. Request: On the Permanence of Rejected Applications for the RA. Briefs: On the Use of the Speaker’s Power to End Debate; On Election Commissioners Failing to Take Their Oaths; On Court Review of Prior Court Rulings; On the Reconsideration of Court Review of Prior Court Rulings; On Court Review of RA Proposals; On the Authentication of Images in Criminal Trials; On the Regulation of the Regional Message Board; On the Definition of a Candidate; On the Ability of the Speaker to Retract Citizenship; On the Reconsideration of the Jurisdiction of the Criminal Code.
13. Have you authored any other substantial legal work? (If so, identify no more than two) Yes: amendments to the Court Rules.
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? Speaker: 21/11/13 - 12/09/14, 11/01/16 - 15/01/17.
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) Yes.
I was required to consider and apply the Court’s ruling On the Speaker’s Power to End Debate in relation to proposals that were before the Assembly which I considered likely to be unconstitutional and, in any event, not fruitful uses of the Assembly which I refused to schedule for vote and on which I ended debate; my actions were the subject of the review On the Use of the Speaker’s Power to End Debate, which concluded my actions to be lawful. This shows substantive knowledge of the law in being able to correctly assess the proposals as being ones which where it was appropriate to exercise my discretion to curtail them.
I was required to act as an ex officio Election Commissioner in relation to two special elections in January 2017, each with a different co-commissioner and during an ongoing general election with a separate commission. This required substantive knowledge of then applicable laws to properly administer the elections, such as ensuring the private ballots for each election remained secret to each commission.
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? Bar Commissioner: 20/07/22 - 20/04/23. Deputy Speaker: 07/07/22 - 11/01/23.
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)
Yes. I was required to consider applications for admission to the bar which included formulation of questions on the law and assessment of the answers thereto. This shows substantive knowledge of the law as it would not be possible to properly formulate and assess the same without that knowledge.
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)
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?
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?
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?
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? N/A.
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.
Applicant name: Zyvetskistaahn
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)? Justice: 02/04/17 - 28/05/18, 13/11/19 - 12/11/20.
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: TNP v St George (briefly); TNP v New Francois; TNP v Ihese; TNP V Pigeonstan (briefly); TNP v Ikea Rike; On the Speaker’s Power to Extend Voting Periods; On the Regional Ban of Kirina; On the Speaker’s Power to Schedule Votes; On Vague Laws and Responsible Action; On the Power of the Speaker to Direct Deputy Speakers.
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. The Official Opinions in the above mentioned requests for review and On the Form of the Delegate’s Oath. The Verdict in TNP v Ihese. The Sentencing Orders in TNP v New Francois, TNP v Slatos, TNP v Whole India, and TNP v Ikea Rike.
5. Have you served as a Prosecutor? <No> (if No, move to question 8)
6. Which criminal trials did you prosecute?
7. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review)
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?
10. Did you participate in any requests for review related to those trials? (If so, please identify the requests for review)
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> (if No, move to question 14)
12. Have you authored any briefs in requests for review? (If so, please identify the requests for review) Yes. Request: On the Permanence of Rejected Applications for the RA. Briefs: On the Use of the Speaker’s Power to End Debate; On Election Commissioners Failing to Take Their Oaths; On Court Review of Prior Court Rulings; On the Reconsideration of Court Review of Prior Court Rulings; On Court Review of RA Proposals; On the Authentication of Images in Criminal Trials; On the Regulation of the Regional Message Board; On the Definition of a Candidate; On the Ability of the Speaker to Retract Citizenship; On the Reconsideration of the Jurisdiction of the Criminal Code.
13. Have you authored any other substantial legal work? (If so, identify no more than two) Yes: amendments to the Court Rules.
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? Speaker: 21/11/13 - 12/09/14, 11/01/16 - 15/01/17.
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) Yes.
I was required to consider and apply the Court’s ruling On the Speaker’s Power to End Debate in relation to proposals that were before the Assembly which I considered likely to be unconstitutional and, in any event, not fruitful uses of the Assembly which I refused to schedule for vote and on which I ended debate; my actions were the subject of the review On the Use of the Speaker’s Power to End Debate, which concluded my actions to be lawful. This shows substantive knowledge of the law in being able to correctly assess the proposals as being ones which where it was appropriate to exercise my discretion to curtail them.
I was required to act as an ex officio Election Commissioner in relation to two special elections in January 2017, each with a different co-commissioner and during an ongoing general election with a separate commission. This required substantive knowledge of then applicable laws to properly administer the elections, such as ensuring the private ballots for each election remained secret to each commission.
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? Bar Commissioner: 20/07/22 - 20/04/23. Deputy Speaker: 07/07/22 - 11/01/23.
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)
Yes. I was required to consider applications for admission to the bar which included formulation of questions on the law and assessment of the answers thereto. This shows substantive knowledge of the law as it would not be possible to properly formulate and assess the same without that knowledge.
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)
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?
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?
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?
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? N/A.
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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