Bill: Draft Public Defender Act

MegaMinerM

Speaker of the Parliament of the Stratham Republic
Minister of Economy
Department of Economy
Department of Public Affairs
Lawyer
Donator
MegaMinerM
MegaMinerM
Economy Minister
Public Defender Act

The Parliament of Stratham enacts:

Section 1. Short Title

(1) This Act is the Public Defender Act.

Section 2. Commencement

(1) This Act shall come into effect immediately upon passage.

Section 3. Purpose and Reasoning

(1) The purpose of this Act is to establish a public defender system to ensure that all citizens have access to legal representation in court, even if they cannot afford or obtain a private lawyer.

(2) The establishment of public defenders will promote fairness and justice by ensuring that defendants have adequate legal representation, improving the overall quality of legal proceedings in Stratham.

Section 4. Establishment of Public Defenders

(1) The Office of the Attorney General shall oversee the Public Defender Program and be responsible for its administration.

(2) Public Defenders shall be appointed by the Attorney General through an application process.

(3) To qualify as a Public Defender, an applicant must:
(a) Hold a valid lawyer’s license in Stratham,
(b) Demonstrate sufficient knowledge of the law and courtroom procedures.

Section 5. Representation by Public Defenders

(1) Any defendant who is summoned to court and does not have legal representation may request a public defender.

(2) Upon receiving a request, the Courts shall notify the Attorney General, who shall assign a Public Defender to the case.

(3) If a defendant does not respond to a court summons within the required timeframe, it will be considered their responsibility, and they will not be automatically assigned a public defender.

Section 6. Compensation and Accountability

(1) Public Defenders shall be compensated by the government on a per-case basis. The amount shall vary depending on the outcome of the case:
(a) Fixed rate for a loss.
(b) Higher rate for a settlement.
(c) Maximum rate for a win.

(2) Public Defenders are expected to fulfill their assigned duties. Failure to represent a client without valid justification may result in disciplinary actions, including:
(a) A warning for the first offense,
(b) A strike for repeated offenses,
(c) Termination after three strikes.

(3) If a Public Defender is unable to take a case, they must notify the Attorney General, who will assign another defender or take on the case personally if necessary.

Section 7. Enforcement and Review

(1) The Office of the Attorney General shall be responsible for ensuring the effectiveness and integrity of the Public Defender Program.

Authored by MegaMinerM on behalf of the Office of the Attorney General.
 
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