Office of Public Defenders Act

Office of Public Defenders Act

Passed by the Senate on 5 April 2025

Signed by the President on 5 April 2025

Whereas there is a need to formalize the system for the appointment and administration of Public Defenders within the jurisdiction of SimDemocracy, the following provisions shall govern the Office of Public Defenders:

Article 1: Establishment and Membership

§1. The Office of Public Defenders (hereinafter referred to as the "OPD") is hereby recognized as an entity under the administration of the SimDemocracy Bar Association (hereinafter referred to as the "Bar Association").

§2. Membership in the OPD shall be open to all members of the Bar Association who have been duly certified as competent to serve as Public Defenders. Such certification shall be granted by the Director of the Bar Association (hereinafter referred to as the "Bar Director")

Article 2: Functions

§1. The OPD shall be a pool of qualified legal practitioners who are willing and eligible to serve as Public Defenders in both criminal and, where appropriate, civil proceedings.

§2. Public Defenders shall be appointed to represent any citizen of SimDemocracy who has been formally charged with a crime and who requests legal representation. The right to legal representation shall be guaranteed, and the OPD shall ensure that no defendant is left without competent legal counsel.

§3. The OPD may, at its discretion, provide legal representation in civil matters where it deems such representation to be in the interest of justice.

Article 3: Administration

§1. The OPD shall be administered by the Bar Director, who shall have the authority to oversee the assignment of cases, monitor the performance of Public Defenders, hire and dismiss Public Defenders, and ensure compliance with all applicable professional and ethical standards.

§2. A Supervision Board shall be created for the OPD. This board shall consist of:

§2.1 The Chairperson of the Ethics Committee of the SimDemocracy Bar Association,

§2.2 The Chief Justice of SimDemocracy

§2.3 An eminent member of the Bar chosen by the Chief Justice and the Chairperson of the Ethics Committee.

§2.4 The Attorney General (herein referred to as “AG”) of SimDemocracy. The AG shall be the member of the board in an observational capacity and may advise the Supervision Board. The AG shall not participate or vote in any of the Supervision Board’s proceedings.

§3. The Supervision Board shall have the authority to audit the Tau bot account of the SimDemocracy Bar Association.

§4. The Supervision Board shall possess the authority to review and assess the professional conduct and competence of members of the Office of Public Defenders. Should the Board determine, upon reasonable grounds, that a Public Defender is demonstrably incompetent or otherwise unfit to discharge the duties of their office, it may initiate proceedings for removal from the OPD.

§4.1. Prior to any such removal, the Public Defender in question shall be afforded:

§4.1.1 Written notice specifying the grounds for the proposed removal;

§4.1.2 An opportunity to respond to the allegations in writing or in person before the Board;

§4.1.3 A formal hearing, if requested, to present evidence and call witnesses in their defense.

§4.2 A decision to remove a Public Defender shall require a recorded resolution adopted by a majority vote of the full membership (except the Attorney General) of the Supervision Board. All findings and decisions shall be documented and made available to the entirety of the Bar Association.

Article 4: Compensation

§1. Public Defenders shall be entitled to a fixed remuneration of one hundred fifty (150) tau per case, payable from the funds allocated to the Bar Association.

§2. The State of SimDemocracy shall be obligated to provide sufficient funds to the Bar Association for the continued operation of the OPD.

§3. If the State fails to provide the required funding, the Bar Association shall have the right to petition the Judiciary of SimDemocracy for an enforcement order compelling the State to fulfill its financial obligations.

Article 5: Miscellaneous

§1. Article 7 §6 and §7 of Court Room Procedures Act is hereby repealed.