Section 3.3: Regional Bar of The North Pacific
11. All prosecutors in criminal trials must be members of the regional bar.
12. Any citizen who is not currently serving a judicially-imposed sentence may apply for admission to the regional bar. Any citizen who is given a judicially-imposed sentence while a member of the regional bar will have their admission to the regional bar revoked.
13. The regional bar will be governed by the Bar Commission, which consists of three citizens, one a Justice of the Court elected by a majority of the Court, one appointed by the Delegate, and one appointed by the Court and confirmed by a majority of the Regional Assembly. The citizens appointed by the Delegate and the Court may not be elected government officials, but will otherwise be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment to the Bar Commission.
14. The term of a Bar Commissioner will be six months, beginning on the day they take the Oath of Office. The Delegate and the Court do not have the power to remove Bar Commissioners.
15. Applicants to the regional bar must be evaluated by the Bar Commission for acceptability and must demonstrate adequate and reasonable knowledge of the Constitution, Bill of Rights, Legal Code of The North Pacific, and prior judicial rulings on requests for review.
16. A standard procedure for passing the bar evaluation, and for managing membership of the bar, will be established by majority agreement of the Bar Commission.
Section 3.43.3: Criminal Trial Procedure
1711. A standard procedure for all criminal trials will be established by majority agreement of the Court.
12. Qualifications for service as a prosecutor may be established by majority agreement of the Court, but cannot conflict with any qualifications listed in this chapter.
18. Any person may present criminal charges to the Court. If the charges are accepted, the Delegate will appoint a prosecutor to manage the prosecution of the case. If the Delegate is the accused or unavailable, the next available person in the Line of Succession will appoint a prosecutor to manage prosecution of the case.
19. Any member of the regional bar may be appointed as a prosecutor and will be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment as a prosecutor.
20. The Delegate and other officials who may have appointed a prosecutor do not have the power to remove a prosecutor.
21. No one may prosecute or appoint prosecutors to a case in which they are the defendant or part of the defense.
22. If the original prosecutor is unable to see a case to completion, another prosecutor will be selected by the same procedure as the original prosecutor.
23. If the prosecutor discontinues management of the prosecution of a criminal case, then the complainant may, at their discretion, request another prosecutor be selected or withdraw the complaint.
24. If the complainant has not withdrawn the complaint within 7 days of the prosecutor discontinuing management of the case, the complaint will be considered withdrawn.
25. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
and representing the prosecution in any separate judicial review hearings arising from the criminal trial.
26. When the management of the prosecution of a case is completed, all records associated with that prosecution will be transferred to the Court.
Section 3.53.4: Pre-Sentencing Ejections and Bans
2713. The Delegate may eject and/or ban a particular nation from the region pending criminal charges against them, or prior to the conclusion of an ongoing criminal trial in which they are the defendant, only when that nation poses a clear security threat and their removal is necessary for the protection of the region.
2814. The Delegate must seek the approval of the Court for any such ejection or ban. Where possible, this approval must be sought prior to the nation's removal from the region. Otherwise, it must be sought within one day of the action.
2915. If the ejection or ban is performed during a criminal trial against that nation, approval will be at the discretion of the justice moderating the trial. Otherwise, any single justice may approve or deny the Delegate's request.
3016. Any nation ejected or banned under this section may file an appeal of the decision. These appeals may not be denied, and must be decided by the full court.
3117. The Delegate must immediately provide any nation ejected or banned under this section with a link to the Courtroom and inform them of their right to file an appeal.
3218. If criminal charges are not brought against a nation ejected or banned under this section, or if the criminal charges are rejected by the Court, or if the nation is not found Guilty at the conclusion of the trial, any ban against that nation which was imposed under this section must be revoked.
Section 3.5: The Advocate General
19. Whenever the position is vacant, the Delegate shall appoint, and a majority of the Regional Assembly shall confirm, an Advocate General. Citizens will be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment as Advocate General.
20. The Advocate General will have discretion to manage the prosecution of all criminal cases brought before the Court, save those outlined below, and will also act as a legal advisor to the Delegate and the Executive of The North Pacific upon request.
21. The Advocate General shall not be involved in the prosecution of any criminal case in which they are a defendant, a defense attorney, or a witness.
22. The term of the Advocate General will last until the end of the next regular Judicial election. The Delegate does not have the power to remove the Advocate General.
Section 3.6: The Court Examiner
3323. Whenever the position is vacant, the Bar Commission Delegate shall select from among the members of the regional bar by a majority vote, and the Chief Justice shall appoint, a Court Examiner. Citizens will be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment as Court Examiner.
3424. The Court Examiner will have standing in all cases of judicial review brought before the Court.
3525. The term of the Court Examiner will last until the end of the next regular Judicial election. The Delegate does not have the power to remove the Court Examiner.
