52RZ15 - The Ex Parte Corruption Act

Clarked in the 6th Clark (February 2019) of the 52nd Ziu
Clark Entry ID: 740
Bill ID: 1270

WHEREAS all legitimate sides to an argument should be represented and have the fullest chance to work together to approach justice,

THEREFORE the following provision shall be added to Title G of el Lexhatx:

12.1. A member of the bar shall not initiate ex parte communications, or other communications made to a judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows:
12.1.1. When circumstances require it, ex parte communication for scheduling, administrative, expert testimony, or emergency purposes, which does not address substantive matters, is permitted, provided:
12.1.1.1. the member of the bar reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and
12.1.1.2. the member of the bar makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.
12.2. If a member of the bar inadvertently initiates or receives an unauthorized ex parte communication bearing upon the substance of a matter, the member of the bar shall make provision promptly to notify all the parties of the substance of the communication and provide the parties with an opportunity to respond.
12.3. A member of the bar shall make reasonable efforts, including providing appropriate supervision, to ensure that these provisions against ex parte communications are not violated by others subject to the member of the bar's direction or control.

FURTHERMORE, a new provision shall be added to Title D of el Lexhatx:

2.5.1.5. The Ministry of Justice shall vigilantly supervise its officers and appointees to ensure that they do not engage in ex parte communication, in keeping with the provisions of Lex.G.12.
2.5.1.6. The Ministry of Justice shall vigilantly supervise its officers and appointees to ensure that there are no conflicts of interest between them and their work, either in fact or in appearance. In such an instance as a conflict of interest exists and no alternative officer of the Ministry is capable of making the decision in the stead of the conflicted officer, then an independent counsel, appointed by the Avocat-Xheneral, shall be responsible for making such decisions or engaging in such actions as present a conflict.
2.5.1.7. The Ministry of Justice shall not engage in post-hoc review of prior convictions before a magistrate unless the interests of justice are represented in the form of an independent counsel, appointed by the Avocat-Xheneral, who shall be responsible for vigorously contesting this review.

Ureu q'estadra så,
Baron Alexandreu Davinescu (MC-RUMP)

Vote summary

Number: 52RZ15
Vote date: February 2019
Result: Passed ( Cosă: 133-22-27, Senäts: 5-2-1 )
Required for passage: Simple majority of both houses

Voting record

MC Party Seats Vote
Sir Martì-Páir Furxhéir FreeDems 11 Per
Dame Miestră Schivă FreeDems 14 Austanéu
Viteu Marcianüs FreeDems 14 Contră
C. Carlüs Xheraltescu FreeDems 13 Austanéu
Dien Tresplet FreeDems 1 Contră
Eiric Börnatfiglheu FreeDems 10
Erschéveþ da Schir MRPT 15 Per
Tariq Zubair MRPT 14 Per
Txoteu Davinescu MRPT 16 Per
Cresti Nouacastra-Läxhirescu MRPT 16 Per
Mximo Carbonel MTGA 7 Contră
Ián da Bitoûr RUMP 12 Per
Baron Alexandreu Davinescu RUMP 9 Per
Éovart Grischun RUMP 12 Per
Eovart Xhorxh RUMP 12 Per
Béneditsch Ardpresteir RUMP 16 Per
133-22-27
Senator Province Pr. Vote
Baron Quedéir Castiglhâ Florenciă FL Per
Sir Gödafrïeu Válcadác'h Fiovă FV Contră
Sir Cresti Siervicül Maricopa MA Per
Sir Trotxâ Betiñéir Vuode VD Per
Alexandreu Soleiglhfred Cézembre CZ Per
Sir Lüc da Schir Belacostă BE Per
Sevastáin Pinátsch Atatürk AK Contră
Sir Ian Plätschisch Maritiimi-Maxhestic MM Austanéu
5-2-1
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