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Bar Association Bylaws

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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 of the Bar Association

1. The Director of the Bar Association (“the Director”) shall be nominated by the President and confirmed by a majority of the voting members of the Bar Association. For this purpose, a majority shall constitute more than half of all valid votes cast, exclusive of abstentions and members not present. Confirmation proceedings shall be conducted in an orderly and timely manner, consistent with internal rules as established by the Association, provided such rules do not contradict the constitutional procedure of nomination and majority confirmation. The Director shall serve at the pleasure of the Association, subject to removal only as provided herein, and shall remain in office until resignation, removal, or disqualification under applicable law.

2. The Director shall oversee and coordinate the administrative operations of the Bar Association and ensure the consistent implementation of its internal rules, policies, and resolutions. The Director may issue interpretative guidance, memoranda, or procedural notices concerning the internal functioning of the Association. These shall be provisionally binding unless and until the Ethics Committee, exercising its authority under Article §5 of the SDBA Constitution, issues a formal interpretation in the matter. The Director shall supervise staff, assign roles, and execute operational functions necessary to maintain the Association’s continuity and efficiency. The Ethics Committee shall not be subject to this authority but may be consulted regarding procedural or institutional reforms. The Director shall act as the primary liaison between internal organs of the Bar and external bodies, and may represent the Association in official capacities unless the Association directs otherwise.

3. The Attorney General, Chief Justice, or Chairperson of the Ethics Committee may initiate a motion of no confidence in the Director. The motion shall require a two-thirds (⅔) majority of the voting members of the Bar Association to pass. Votes of absent or abstaining members shall not be considered in the total. The Ethics Committee shall have the authority to review procedural actions of the Director and may issue non-binding advisories or requests for clarification, which the Director shall consider in good faith. A formal inquiry into the conduct of the Director may be opened by the Ethics Committee upon majority vote, and its findings shall be presented to the Bar Association.

Section 3: Bylaws

1. The authority to propose the introduction, amendment, or repeal of any bylaw governing the internal affairs of the SimDemocracy Bar Association shall reside with the Director of the Bar Association, or, in the alternative, with any group comprising no fewer than four (4) members of the Ethics Committee.

2. No proposed bylaw shall take effect unless it has been approved by a simple majority of the members of the Bar Association who participate in the vote. Abstentions and non-participation shall not be counted toward the determination of such majority.

3. The Director of the SimDemocracy Bar Association shall possess the authority to issue formal decrees concerning the internal administration, procedure, and governance of the Association, in accordance with the classifications set forth below.

3.1. Administrative Decrees - The Director may issue immediate administrative decrees, which shall enter into force upon issuance. Such decrees shall be restricted in scope to procedural, logistical, or non-substantive matters as defined by precedent or long-standing practice. These decrees may be repealed at any time by a majority vote of the Ethics Committee.
3.2. Substantive Decrees - The Director may issue decrees of general applicability or significant effect, provided that such decrees are approved by a simple majority of the members of the Bar Association participating in the vote. Upon such approval, these decrees shall be deemed binding and shall not be subject to review, interpretation, or repeal by any committee, including the Ethics Committee.
3.3. Interim Decrees - The Director may issue provisional decrees that shall take effect immediately upon promulgation. Such decrees shall lapse automatically unless confirmed by a simple majority of members of the Bar Association within forty-eight (48) hours of issuance. Until and unless such a decree is confirmed, it shall have the same force as an “Administrative Decree”. If such a decree is confirmed, it shall have the same force as a “Substantive Decree”.

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.

Repealed<ref name="elections">Ethics Elections By-laws Amendment passed by the Bar Association on 10 August 2025.</ref>

3. Two (2) 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.

<ref name="elections" />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 approval voting, whereby voters may vote for multiple nominees and 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, or their designee, and shall be held on the Discord platform.

3.1 If an elected Ethics Committee member is unable to continue their duties on the committee; by being incapacitated, inactive, leaving the server, or other means, and it is more than two (2) weeks until the next election for the position, there will be a by-election to fill the position.

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 (1) 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.