Constitutional Law Section Bylaws


 

ARTICLE I - NAME AND PURPOSE

1.1. Name. Upon adoption of these Bylaws, the name of the Section shall be the Constitutional Law Section of the Utah State Bar (the Section).

1.2. Purpose. The purpose of the Section shall be to assist its members and all interested members of the Bar:

a. By providing high quality continuing legal education (CLE) opportunities at reasonable cost for Constitutional Law Section Members and other members of the Utah State Bar (the Bar);

b. By providing opportunities and forums for the interchange of ideas in the area of Constitutional Law by sponsoring various programs;

c. To undertake such other service as may be of benefit to the Section’s members, the Utah State Bar, the legal profession and the public.

1.3. Limitations. These Bylaws have been adopted subject to applicable Utah Statutes and the Bylaws of the Bar.

1.4. Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.

1.5. Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.

ARTICLE 2 - MEMBERSHIP

2.1. Enrollment. Any member in good standing of the Bar may, upon request to the Secretary of the Bar, be enrolled as a member of the Section by the payment of annual Section dues in the amount and for the purpose approved by the Board of Commissioners of the Utah State Bar.

2.2. The Membership. Members enrolled as provided in Section 2.1 shall constitute the Membership of the Section.

2.3. Dues. The Section may continue to impose dues as hitherto imposed. The amount of the dues may be changed by a unanimous vote of the Section Officers.

2.4. Voting Rights. Each enrolled member shall be entitled to one vote on any question to the section and in any election as provided herein.

2.5. Associate Members. Any person who is not a member of the Utah State Bar, including paralegals, legal assistants, and law students interested in Constitutional Law, may enroll as an Associate Member of the Section by notifying the Bar and by payment in advance of annual or reduced Section dues. Reduced Section dues shall be determined by unanimous vote of the Section Officers. The Officers shall have the absolute sole power to suspend the membership of any Associate Member on terms which it regards to be in the best interest of the Section. Associate Members may not hold office in the Section and do not have voting privileges, but are otherwise entitled to all of the privileges and benefits of Section Membership. As a specific condition for membership in the Section, Associate Members shall take appropriate precautions to assure that they do not hold themselves out as being members of the Utah State Bar.

ARTICLE 3 - OFFICERS

3.1. Powers. The Officers shall be vested with the powers and duties necessary for the administration of the affairs of the Section.

3.2. Composition. The Officers of this Section shall be composed of a Chair, a Chair Elect/Treasurer, and a Secretary. Other Officers may be added pursuant to a Section vote, pursuant to Article 4.

3.3. Duties of Officers. The Officers shall generally supervise and control the affairs of the Section, subject to the rules and bylaws of the Utah State Bar, and shall establish and execute the general policy, programs, and activities of the Section.

3.4. Chair. The Chair shall preside at all meetings of the Section and shall perform such other duties and acts usually pertaining to this office. The Chair shall communicate with the Board of Commissioners of the Bar and others as may be necessary.

3.5. Chair Elect/Treasurer. The Chair Elect/Treasurer shall act as Chair in the absence of the Chair and shall perform such other duties as appropriate. The Chair Elect/Treasurer shall maintain and handle the Section’s finances, including making annual and other necessary reports to the Officers and Membership. The Chair Elect/Treasurer shall serve on the Utah State Bar Governmental Relations Committee, unless the Officers unanimously agree that another Officer or section member will serve on the Committee.

3.6. Secretary. The Secretary shall keep a record of all proceedings of all meetings of the Section and of the Officers, whether assembled or pursuant to teleconference or other electronic communication. The Secretary shall work with the Bar's webmaster to keep the Section's website current, if a website is established. In conjunction with the Chair and the Chair Elect/Treasurer, the Secretary shall attend generally to the business of the Section.

3.7. Succession to Offices. The Secretary shall automatically succeed to the office of Chair Elect/Treasurer. The Chair Elect/Treasurer shall automatically succeed to the office of Chair.

3.8. Eligibility of Office. Any enrolled member of the Section may be nominated for office provided the member is in good standing and shall remain a member of the Section during the term of office for which the member is running.

3.9. Elections. A new Secretary shall be elected each year in the manner prescribed herein at the Annual Meeting in September of each year. Likewise, each officer’s term of service shall end in September of each year. If the office of the Section Chair becomes vacant, then the Chair Elect/Treasurer shall become Chair of the Section for the unexpired term. If the office of the Chair Elect/Treasurer becomes vacant, then the Secretary shall become the Chair Elect/Treasurer of the Section for the unexpired term. If the office of Secretary becomes vacant, then the office of Secretary shall be filled by an election of the membership of the Section. An interim election may be held at a Section meeting or via electronic communication, pursuant to section 4. In each of these cases, upon completion of the unexpired term, the respective Officers shall thereafter serve the entire term for the next fiscal year as would have been served absent the vacancy.

3.9. Nominations. Nominations for office may be made in writing or by electronic communication in advance of a Section meeting. Nominations may also be made in writing or orally at any meeting of the Section. Nominations may be made up to the time the voting in an election begins.

3.10. Election. New Officers shall be elected each year at the Section’s annual meeting by majority vote of the Members then in attendance. Officers may be elected by either a voice or roll call vote at the Section’s annual meeting. Nominations of Officers may be made at the Annual Meeting, or by other form of written communication, including electronic, in advance of the Annual Meeting.

ARTICLE 4 - MEETINGS

4.1. Meetings. The Section shall meet at least once a year for the annual meeting. The annual meeting shall be held in September, unless a different time is previously determined by vote of the Officers.

4.2. Quorum. At all meetings of the Section, at least five (5) enrolled members of the Section are required to constitute a quorum for the transaction of business.

4.3. Controlling Vote. Action of the Section shall be by majority vote of a quorum except as otherwise provided in these Bylaws.

4.4. Meetings of the Officers. The Officers shall meet as often as they deem necessary to conduct the business of the Section.

4.5. Notice of Section Meetings. Written, printed, or electronic notice shall be given to all Section members stating the date, hour, place, and purpose of all meetings of the members. Notice shall be delivered to each member of the Section by hand, U.S. mail, facsimile, or e-mail at least five (5) days prior to the date of the meeting. If delivering notice by U.S. mail, notice shall be deemed delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Utah State Bar, with adequate postage.

ARTICLE 5 - COMMITTEES

5.1. Appointment. At any time during the year, the Officers may appoint any committees as they may deem advisable in order to carry out the purpose of the Section and shall describe the duties and functions of such committees. The Officers shall designate the committees, define their duties, and appoint the committee Chairs.

5.2. Meetings. Committees shall meet as often as necessary in order to perform their duties. Half of the members of any committee shall constitute a quorum for purposes of conducting business of the committee.

ARTICLE 6 - POSITIONS

6.1. Political and Other Public Positions. Political and other public positions of the Section may be authorized by affirmative vote of the Officers and in compliance with the Bar’s policies. See Section G 10 of the Bar’s Bylaws.

ARTICLE 7 - AMENDMENTS

7.1. These bylaws may be amended at any meeting of the Section or by mail or e-mail ballot by a two-thirds vote of the enrolled members of the Section present or returning ballots provided that notice of the substance of the proposed amendments shall have been duly given to all members of the Section.