The Bar Reformation Act - Round 2

[Viteu Marcianüs]

The Bar Reformation Act

WHEREAS this Act, having previously been passed by the Ziu in the 50th Cosǎ under 50RZ27, and previously subjected to the Crown’s veto, is hereby resubmitted to the Ziu pursuant to Article X, section 6 of the Organic Law, whereby a bill may become law upon passage by a simple majority of the Ziu in a subsequent term;

WHEREAS minor changes have been made by fixing the numbering sequence and clarifying some aspects, as indicated by italicized words after this submission, by bold  text indicating initial changes, and omissions indicated where the text is stricken;

WHEREAS the development of an independent judiciary is a benchmark of a developed democracy;

WHEREAS ciary as it exists in Talossa today is sorely underdeveloped;

WHEREAS while many factors contribute to the underdevelopment of the judiciary in Talossa, one factor, the inability to admit new members to the bar, stands out as one that can be rectified;

WHEREAS Talossa is in dire needs of qualified individuals to be admitted to the bar.

THEREFORE el Lexhatx § C, 1.6 is hereby repealed in its entirety;

FURTHERMORE el Lexhatx § C, 2, is hereby amended to read as follows:


The Officers of the Royal Household shall have no fixed terms of office, and shall not be removed from office by the dissolution of the Cosa. The Officers of the Royal Household are appointed and removed by the King on the recommendation of the Prime Minister. The four exceptions to this are that the Secretary of State shall be appointed by the Prime Minister acting alone and may be removed by law; the Burgermeister of Inland Revenue shall be named in the same way as the Secretary of State; and the Commissioner of the Civil Service, who shall be appointed by the King, for a two year renewable term, after being recommended by a legislative civil service committee and approved by a two-thirds majority vote in the Cosa and a majority vote of the Senäts in favor of appointment. The Chancellor may be removed by the King on the recommendation of the Senäts.

FURTHERMORE, the following section is added to the El Lexhatx as § G,11:

11. The National Bar of Talossa is hereby established.

11.1. The National Bar of Talossa shall be governed by the five Justices of the Uppermost Cort, who shall set forth the procedure, ethics, and standards for those seeking admission to the National Bar of Talossa.

11.1.1 The Justices of the Uppermost Cort may, at their discretion, devolve their authority to a group made up of no less than three individuals admitted to practice law to set forth the requirements of admission to the bar, except the waiver described in G.11.2.3.1.

11.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Courts of Talossa established under Article XVI of the Organic Law.

11.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa, as noticed prior to the date of the applicant’s petition.

11.2.2. The National Bar of Talossa shall set the standards for admission, which may include a test or legal training it views as necessary, to determine if an individual possess the legal knowledge, as well as character and fitness, necessary to practice law in the national courts of Talossa, except as those described in G.11.2.3, and provided the candidate had notice of such requirements, which shall mean the National Board of Talossa publishing said requirements in the Courthouse, prior to the date of the applicant’s petition.

11.2.2.1. An individual who has met the requirements set by the National Bar of Talossa is not entitled to practice law in in the national courts until such time as they petition the National Bar of Talossa, which has then decreed that said petition has been granted. has decreed they are eligible to do so.

11.2.2.2. The National Bar of Talossa may deny a petition for admission, individuals they think unworthy, provided those factors do not violate any other Organic or Statutory provision, , individuals they think unworthy, provided those factors do not violate any other Organic or Statutory provision, and with a formal explanation provided only to the individual, which may contain instruction as to how to remedy said issue; the decision to deny an application shall remain confidential, as well as the reasoning, unless the applicant so chooses to disclosed that information to the public, or if the applicant makes false statements in public as to materially misrepresent the actions of the National Bar of Talossa.

11.2.3. An individual who has earned a degree in the practice of law in another jurisdiction, their home country, or has been admitted to practice law intheir home country, or has been admitted to practice law in another jurisdiction, their home country, or has completed one year of legal education as well as legal training in their home country, or has completed one year of legal education as well as legal training in another jurisdiction, their home country, their home country, provided that jurisdiction is a recognized sovereign state by the Kingdom of Talossa, may petition the Uppermost Cort for a waiver to the requirements set forth by the National Bar of Talossa, seek a waiver from the requirements set forth by National Bar of Talossa, seek a waiver from the requirements set forth by National Bar of Talossa, and upon granting of such a waiver, shall be subjected to the same character and fitness standards as any other applicant and subject to approval by the National Bar of Talossa, provided such standards were previously noticed prior to the date of petition for waiver; the Uppermost Cort may also, if it chooses, in granting the petition for waiver, decree that the applicant has meet the character and fitness standards, and such a decree shall serve as an a permit to practice law in the national courts; which may grant said waiver with the consent of no less than two Justices of the Uppermost Cort. all waivers shall require the consent of no less than two Justices of the Uppermost Cort. which may grant said waiver with the consent of no less than two Justices of the Uppermost Cort. all waivers shall require the consent of no less than two Justices of the Uppermost Cort.

11.2.3.1. The Uppermost Cort may increase the number of Justices required to give give grant a waiver consent as it deems necessary, but may only decrease the number to the statutory limits with the same number of Justices consent as it deems necessary, but may only decrease the number to the statutory limits with the same number of Justices then required to give consent. 

11.2.3.2. The Uppermost Cort may not devolve this the this the power to grant a waiver.

11.3. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission, or without the permission of the National Bar of Talossa.

11.3.1. The above provision is not applicable to an individual who represent themselves, known as pro se party, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Court throughout Talossa. Nor shall that provision apply to those individuals who have been granted permission to represent a party pro hac vice, which may only be granted by the Cort exercising jurisdiction over the controversy as it may then exist matter, supplemented to any appellate Cort, upon such terms as the Cort may deem appropriate. Such permission may be rescinded, sua sponte, or by motion from opposing counsel or by the client of said pro hac vice counsel making their feelings known, and shall be limited to the Cort finding probable suspecion that said pro hac vice counsel acted incompetently as a representative of the party.  This provision shall not preclude a party from terminating said counsel on their own terms, but may only serve to preserve a claim for ineffective assistance of counsel upon a formal finding by the Cort. 

11.3.2. The following office holders may, at the discretion of the Chancellor, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort.

11.3.3. An Attorney-General, as head of the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office.

11.4. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys.

11.4.1. An individual admitted may have their admission revoked for cause with the consent of no less than four members Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa.

11.4.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law.

11.5. Any rules, regulations and/or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be  within the competency of the National Bar of Talossa to set. for the Bar to set itself as far as permissible by the aforementioned Laws.  , Talossan Law or by the Organic Law, shall be  within the competency of the National Bar of Talossa to set. for the Bar to set itself as far as permissible by the aforementioned Laws.  When there exists no formal National Bar of Talossa, the Uppermost Cort is presumed to have elected to act as said body, and may function according to the same provisions provided herein. 

This statute shall come into effect no later than six months after the requirements of Article X of the Organic Law have been satisfied. At its discretion, the Uppermost Cort may, immediately upon passage, begin to draft and promulgate Rules for admission, which, if the Uppermost Cort so chooses, may take effect no sooner than three months after the requirements of Article X of the Organic Law have been satisfied. Upon codification into el Lexhatx, any text so stricken shall not be included, and any text bold or italicized shall be merged into the proper formatting unless otherwise indicated, as to present a cohesive statute.

Uréu q'estadra så:

Viteu Marcianüs, MC (FreeDem)

To the extent that any of this non-stricken prefatory language is not violative of Org.L.X.6, I re-submit this act, having previously been adopted by a clear majority of the Ziu, for a second round of voting not subject to the Crown's veto.  

The Bar Reformation Act

WHERERAS the development of an independent judiciary is a benchmark of a developed democracy;

WHEREAS the judiciary as it exists in Talossa today is sorely underdeveloped;

WHEREAS while many factors contribute to the underdevelopment of the judiciary in Talossa, one factor, the inability to admit new members to the bar, stands out as one that can be rectified;

WHEREAS Talossa is in dire needs of qualified individuals to be admitted to the bar.

THEREFORE, El Lexhatx § C, 1.6 is hereby repealed in its entirety;

FURTHERMORE, El Lexhatx § C, 2, is hereby amended to read as follows: The Officers of the Royal Household shall have no fixed terms of office, and shall not be removed from office by the dissolution of the Cosa. The Officers of the Royal Household are appointed and removed by the King on the recommendation of the Prime Minister. The four exceptions to this are that the Secretary of State shall be appointed by the Prime Minister acting alone and may be removed by law; the Burgermeister of Inland Revenue shall be named in the same way as the Secretary of State; and the Commissioner of the Civil Service, who shall be appointed by the King, for a two year renewable term, after being recommended by a legislative civil service committee and approved by a two-thirds majority vote in the Cosa and a majority vote of the Senäts in favor of appointment. The Chancellor may be removed by the King on the recommendation of the Senäts.

FURTHERMORE, the following section is added to the El Lexhatx as § G,11:

12. The National Bar of Talossa is hereby established.

12.1. The National Bar of Talossa shall be governed by the five Justices of the Uppermost Cort, who shall set forth the procedure, ethics, and standards for those seeking admission to the National Bar of Talossa.

12.1.1 The Justices of the Uppermost Cort may, at their discretion, devolve their authority to a group made up of no less than three individuals admitted to practice law to set forth the requirements of admission to the bar, except the waiver described in G.12.2.3.1.

12.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Courts of Talossa established under Article XVI of the Organic Law.

12.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa.

12.2.2. The National Bar of Talossa shall set the standards for admission, which may include a test or legal training it views as necessary, to determine if an individual possess the legal knowledge and character necessary to practice law in the national courts of Talossa, except as those described in G.12.2.3.

12.2.2.1. An individual who has met the requirements set by the National Bar of Talossa is not entitled to practice law in in the national courts until the National Bar of Talossa has decreed they are eligible to do so.

12.2.2.2. The National Bar of Talossa may deny admission to individuals they think unworthy, provided those factors do not violate any other Organic or Statutory provision.

12.2.3. An individual who has earned a degree in the practice of law in their home country, or has been admitted to practice law in their home country, or has completed one year of legal education as well as legal training in their home country, may seek a waiver from the requirements set forth by National Bar of Talossa, which may grant said waiver with the consent of no less than two Justices of the Uppermost Cort.

12.2.3.1. The Uppermost Cort may increase the number of Justices required to give consent as it deems necessary, but may only decrease the number to the statutory limits with the same number of Justices required to give consent.

12.2.3.2. The Uppermost Cort may not devolve this waiver.

12.3. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission, or without the permission of the National Bar of Talossa.



12.3.1. The above provision is not applicable to individuals who represent themselves, known as pro se individuals, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Court throughout Talossa.

12.3.2. The following office holders may, at the discretion of the Chancellor, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort.

12.3.3. An Attorney General, as head of the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office.

12.4. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys.

12.4.1. An individual admitted may have their admission revoked for cause with the consent of no less than four members Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa.

12.4.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law.

12.5. Any rules, regulations and/or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws.

This statute shall come into effect no later than six months after the requirements of Article X of the Organic Law have been satisfied. At its discretion, the Uppermost Cort may, immediately upon passage, begin to draft and promulgate Rules for admission, which, if the Uppermost Cort so chooses, may take effect no sooner than three months after the requirements of Article X of the Organic Law have been satisfied.

[Ian Plätschisch]

As sponsor of the relevant amendment, it is my belief that, in order to overturn the King's veto with a simple majority, no changes to the original bill may be made.

[Viteu Marcianüs]

Good Sir, 

I do thank you for raising your objection. The language of the post herein is no reflection on you, but on the type of the politicking that has become patent in the nature of Talossan political discourse as of late. While I disagree with your interpretation, I truly do believe it to be a valid one where reasonable minds can differ.

As such, I have "amended" back to the "original" language of the initial vetoed bill, not subject  to the benevolent tyra... King's veto, as reflected in the initial hopper here, and passed in the Ziu here, and vetoed here, which the King laudably raised an issue as to the "organicity" of something he, as he is wont to do, took it upon himself to practice law, not having been admitted to any bar in a foreign jurisdiction, to interpret as, implicitly, too broad, with full knowledge, the Prince himself being an admitted attorney in a foreign jurisdiction, is in full compliance and replicates language found in the King's own home jurisdiction, as found in the Colorado Legal Ethics rule 5.3(a), modeled after the American Bar Association Model Rule 5.1, and his objection, being further defined in the jurisdiction of the land upon which Talossa claims as its own, the State of Wisconsin, in Wis. Stat. § 23.01.  

As such, please also see the secondary legislation, that makes the changes sought, because commas, not material changes, matter and I have nothing really better to do, apparently, that, upon passage of both acts, it would have the same effect as the initially proposed amended reintroduced act, except as to extend by one month to provide the Crown its necessary veto power of only the secondary legislation, but because reasons, we need to consider two acts in conjunction thereof. 

Posted under my hand with laudibility of the argument ad absurdum found herein, 


Uréu q'estadra så:



Viteu Marcianüs, MC (FreeDem)