Bar Association Bylaws

SimDemocracy Bar Association - Bylaws

Section 1: Scope and Definitions

1. The SimDemocracy Bar Association By-Laws shall apply to all members of the SimDemocracy Bar Association (SDBA).

2. These By-Laws shall have no effect on any citizen of SimDemocracy who is not a member of the SDBA.

3. For these bylaws, a simple majority shall be considered as ½ + 1 (rounded upwards if necessary) of the total number of voting members, and a supermajority shall be considered ⅔ (rounded upwards if necessary) of the total number of voting members. The members of the bar who are absent or chose to abstain from voting shall not be considered. All votes must be conducted within discord.

4. For the purposes of this document and all future documentation involving the SimDemocracy Bar Association, “SDBA” shall mean SimDemocracy Bar Association (unless explicitly stated otherwise).

Section 2: Director

Duties of the Director:

1. The Bar Director shall be responsible for the entirety of the Bar’s administration (except duties specifically delegated to other people by the Bylaws or other legislation).

2. The Bar Director will have sole discretion in admitting members into the Bar and shall be responsible for creating, maintaining, and evaluating the Bar exam (and Bar exam attempts).

Appointment and Removal of the Director:

1. Whenever the office of the Bar Director is vacant, the Attorney General shall nominate a candidate to be Director of the Bar.

1.1. The nominated candidate must be a member of the Bar.

1.2. The nominated candidate must be approved in a vote by the members of the Bar with a simple majority (the votes of those bar members who are absent/ or chose to abstain shall not be considered)

2. The Attorney General/ Chief Justice/ Chairman of the Ethics Committee of the Bar may choose to dismiss the Bar Director if they lose confidence in the Director’s abilities.

2.1. This non-confidence motion must be approved by a supermajority of Bar members to take effect (the votes of those bar members who are absent/ or chose to abstain shall not be considered).

3. If the Director of the Bar chooses to resign or is lawfully dismissed (according to procedure outlined in 02.b.ii), then the procedure outlined in 02.b.I shall take place.

Section 3: Bylaws

1. The Director may introduce, amend or repeal bylaws.

2. All bylaws must be approved by the members of the Bar with a simple majority (the votes of those bar members who are absent/ or chose to abstain shall not be considered).

Section 4: Ethics Committee

1. The Ethics Committee shall be comprised of five 5 members, wherein the Director of the Bar shall serve as a permanent member thereof.

2.The Director of the Bar is hereby empowered to nominate two 2 members of the Bar Association for membership on the Ethics Committee. Such nominations shall be subject to confirmation by the entirety of the Bar Association through a simple majority vote. In the event that any nominee of the Bar Director fails to secure confirmation by the Bar Association, the Director shall be obligated to nominate an alternative member of the Bar for the specific vacant seat. These nominees, if confirmed by the Bar, shall serve until they resign or are dismissed. The Director of the Bar shall administer the confirmation vote.

3. Two members of the Ethics Committee shall be elected by the members of the Bar Association to the Ethics Committee. These members shall each serve for a term of one 1 month. The election shall be conducted as a first-preference plurality election, whereby the two 2 candidates who receive the highest and second-highest number of votes, respectively, shall be deemed elected to the Ethics Committee. This election shall be administered by the Director of the Bar and shall be held on the Discord platform.

4. The Director of the Bar may call a vote to dismiss any member of the Ethics Committee. If a supermajority of Bar members vote to dismiss that member from the Ethics Committee, that member shall be deemed dismissed from the Ethics Committee. If any member of the Ethics Committee is removed from the Bar Association, they shall be automatically removed from the Ethics Committee.

5. The Ethics Committee shall elect one of its members to be the Chairperson. In order to become chairperson, a candidate shall require a simple majority of votes from the Ethics Committee. If no candidate is able to secure a simple majority, then the election shall be repeated. The Chairman of the Ethics Committee shall be dismissed if they lose the confidence of a simple majority of the members of the Ethics Committee. No person shall be Bar Director and Chairman of the Ethics Committee simultaneously.

6. The ethics committee shall advise the Bar Director on internal matters of the Bar and perform any other duties assigned to them by the bylaws.

Section 5: Professional Conduct

1. The SimDemocracy Bar Association (SDBA), through its Ethics Committee and the Bar Director, shall have the authority to impose disciplinary sanctions on any member who engages in misconduct, professional negligence, or any behavior that undermines the integrity of the legal profession or the Bar Association.

2. The following disciplinary sanctions may be imposed, individually or in combination, based on the severity and nature of the misconduct:

2.1. Reprimand – A public or private statement of censure, indicating that the member has violated professional obligations.

2.2. Suspension – Temporary removal of a member’s right to practice law and exercise Bar privileges, for a fixed term not exceeding one (1) month.

2.3. Probation – Conditional retention of Bar membership, subject to compliance with specified terms (e.g., supervision, retraining, or conduct reporting). Violation of probation conditions may result in further sanctions.

2.4. Disqualification from Office – Prohibition from holding elected or appointed positions within the SDBA or any of its subdivisions, either permanently or for a defined period.

2.5. Disbarment – Revocation of membership in the SDBA, and a permanent or indefinite prohibition on the practice of law within SimDemocracy, subject to conditions of reinstatement.

3. Any of the sanctions above may be imposed upon findings of by the Ethics Committee :

3.1. Violation of SimDemocracy law.

3.2. Breach of the SDBA Bylaws or binding Bar policies.

3.3. Conduct involving dishonesty, fraud, deceit, or misrepresentation in a SimDemocracy court of law.

3.4. Conduct that materially undermines the integrity, impartiality, or reputation of the SDBA or the legal profession.

3.5 Persistent gross incompetence or persistent gross neglect of professional duties.

4. The procedure for any disciplinary action shall be as follows:

4.1. Initiation – Proceedings may be initiated by a written complaint from any citizen of SimDemocracy or any member of the Bar Association, or by the Ethics Committee acting suo motu.

4.2. Preliminary Review – The committee shall make a prima facie determination regarding the merits of the complaint. The Committee may, at its discretion, hold an ex parte hearing with the complainant to determine whether the complaint discloses a prima facie case of misconduct.

4.3. Prosecution – If a prima facie case is established, the Ethics Committee shall appoint a Prosecutor to present the case against the accused member.

4.4. Defense – The accused shall be given an adequate opportunity to present a defense before the Committee, either in writing or through oral submissions.

4.5. Deliberation and Verdict – Following the hearing, the Ethics Committee shall render a verdict. A simple majority vote of the Committee shall be required to impose punishment. The assent of ⅗ of the voting members (rounded upwards) of the Ethics Committee shall be required to impose any sentence longer than (1) year.

4.6. All punishment may be appealed to the Ethics Committee on grounds of rehabilitation after ⅔ of the time of the original sentence has elapsed.