Bylaws of the Criminal Law Section of the Utah State Bar
ARTICLE 1: NAME AND PURPOSE
1.1 Name and Creation. This Section of the Utah State Bar (the Bar) shall be known as the Criminal Law Section (the Section). The Section is established pursuant to Article X, Section 1 of the By-Laws of the Utah State Bar.
1.2 Purpose. The general purpose of the Section is to serve as the Bar’s principal entity concerned with criminal justice and its fair, speedy, and efficient administration. Toward this end, the Section shall Study and conduct educational programs and make recommendations to the Bar concerning the criminal justice system, the juvenile justice system, law enforcement, corrections, and related civil and administrative matters. The Section will also seek to be a liaison to other groups interested in criminal justice, from other states and territories, and at the national level. The Section will maintain current information concerning criminal justice matters of the Sections webpages of the Bar’s website. The goals of the Section include the broad representation of all aspects of criminal justice and the law including defenders, prosecutors, the judiciary, academics, juvenile justice, the military, law enforcement and corrections. In keeping with the broad composition of the Section, recommendation of the Section concerning criminal justice matters shall be confined to those matters that are not slanted toward either the prosecution or the defense, but instead are designed to improve the criminal justice system and that receive support from a broad cross-section of the membership of the Section. It is a goal of the Section to avoid alienating either criminal defense counsel or prosecutors by taking either side on contentious issues that tend to divide the Section. Instead, the Section seeks to be ab umbrella organization in which all parties interest in the criminal justice system may feel that their professional interests, harmony and civility are nourished.
1.3 Limitations. These bylaws have been adopted subject to the Rules and Bylaws of the Bar.
1.4 Office. The principal office of the Section shall be maintained in the offices of the Utah State Bar.
1.5 The Fiscal Year. The fiscal year of the Section shall coincide with that of the Utah State Bar.
ARTICLE 2: MEMBERSHIP
2.1 Enrollment and Membership. Any member in good standing of the Bar shall be enrolled as a member of the Section by notifying the Bar of such desire and by the payment in advance of the annual Section dues in the amount approved by the Executive Committee of the Section and the Board of Commissioners of the Utah State Bar. Members so enrolled shall constitute the membership of the Section. Members may attend any and all meetings of the Executive Committee but do not have any vote at Executive Committee meetings unless they are eligible under paragraph 5.5
2.2 Associate Membership. The members of the Section may include persons who are members of the Paralegal Division of the Utah State Bar and they shall be known as “associate members.” It is the policy of this Section to involve associate members for the limited purpose of advancing the Section’s principal objectives. As a specific condition for associate membership in the Section, associate members shall take all precautions to assure that they do not hold themselves out as being members of the Utah State Bar and they will follow all guidelines and directives from the Section Chair in connection with the implementation of this requirement. Membership as an associate member shall be at the absolute and sole discretion of a majority of the members of the Executive Committee. Associate members may not hold office in the Section, but are otherwise entitled to all of the privileges and benefits of Section membership. The associate members of the Section may include degree or certificate seeking students, subject to their showing evidence of current enrollment at an institution of higher education. Student members are subject to the limitation requirement, and benefits of other associate members pursuant to this bylaw. Student members and other associate members shall pay dues as set by the Executive Committee.
2.3 Dues. Dues for membership in the Section shall be in an amount set by the Section and approved by the Board of Commissioners of the Bar. Dues are payable annually in advance’ provided, however, that additional monies may be raised by the Section.
2.4 Delinquency. Any Member of the Section whose annual dues are more than three months past due or who ceases to be a Member of the Bar, immediately and automatically ceases to be a Member of the Section
ARTICLE 3: MEETINGS OF THE MEMBERSHIP
3.1 Section Meetings. The annual meeting of the Section membership shall be held at a time and place determined by the Executive Committee with the program and order of Business arranged by the Executive Committee. The Chair shall give to the membership at least sixty (60) days notice of the date, time, place, and tentative agenda for the annual meeting. Notice may be given by posting an announcement on the Bar’s website. The Section may hold other meetings of members throughout the year. Reasonable notice of any such meeting shall be given to the members of the Section.
3.2 Agenda. Amount the matters of business to be transacted at the annual meeting of the membership shall be the election of Executive Committee members. The agenda shall consist of other matters as decided by the Chair or the Executive Committee.
3.3 Quorum. The members of the Section present at any meeting shall constitute a quorum.
3.4 Voting Eligibility. Any current Member of the Section in good standing is eligible to vote.
3.5 Mail Voting. Throughout these bylaws, the term “mail” includes electronic forms of mail. The Executive Committee may direct that a matter be submitted to the members of the Section for vote by mail. In that event, binding action of the Section shall be by a majority of the votes received from members in accordance with rules fixed by the Executive Committee.
ARTICLE 4: OFFICERS AND ORGANIZATIONAL REPRESENTATIVES
4.1 Officers. The Officers of the Section are the Chair, the First Vice Chair, a Vice-Chair for Continuing Legal Education (CLE), a Secretary/Treasurer and two Vice Chairs at-Large.
4.2 Chair. The Chair, or successively, the First Vice-Chair in the absence of the Chair, shall:
- Preside at all meetings of the Section and the Executive Committee;
- Plan and superintend the program of the Section;
- Plan and superintend all activities of the Section;
- Appoint: Committee Chairs, Co-Chairs, Vice-Chairs, a liaison to the Bar’s staff to maintain the Section’s webpage, and members of all committees except the Executive Committee.
- Assign duties, additional to any other duties, to the Vice-Chairs, and designating one of the Officers of the Section to be the liaison to the Bar for maintaining and keeping current the webpage of the Section on the Bar’s website;
- Keep the Executive Committee informed and carry out the Executive Committee’s decisions; and
- Perfom such other duties and acts as usually pertain to the office or as may be designated by the Executive Committee.
4.3 First Vice-Chair. The First Vice-Chair shall aid the Chair in the performance of the Chair’s responsibilities in the manner and to the extent requested, shall arrange for the appointment of the Chairs, Co-Chairs, Vice-Chairs, and members of all committees who are to hold office during the First Vice-Chair’s term as Chair of the Section; serve on the Bar’s Governmental Relations Committee: and aid the Chair in the performance of the Chair’s responsibilities in such manner and to such as extent as may be requested. The First Vice-Chair is responsible for long range planning and for administering and planning the Section’s budget in consultation with the Secretary/Treasurer. The First Vice-Chair shall also perform such further duties and have such further powers as may pertain to the office or as may be designated by the Executive Committee or Chair.
4.4 Vice Chair for Continuing Legal Education. The Vice-Chair for Continuing Legal Education shall be responsible for arranging and publicizing Section CLE programs consistent with the Bar’s CLE policies. At least one CLE program per years should be designated to be suitable for the education of new lawyers.
4.5 Vice Chairs at Large Organizational Representatives. The Vice-Chairs at Large are organizational representatives appointed by the Utah Association of Criminal Defense Lawyers and the Utah Prosecution Council. Each organization shall appoint one Vice-Chair at Large. The Vice-Chairs at Large shall serve a term of one year. Each person so appointed may be re-appointed up to five consecutive terms as limited by Section 7.4 c. Each Vice-Chair at Large shall assist the Vice-Chair for Continuing Legal Education and shall be responsible for any additional duties as assigned by the Chair.
4.6 Secretary Treasurer. The Secretary/Treasurer shall be responsible for accurately keeping the Section’s membership lists and records, advising the First Vice-Chair on financial matters and in developing a proposed annual operating budget for the Section.
ARTICLE 5: EXECUTIVE COMMITTEE
5.1 Appointment and Composition. The Executive Committee consists of the six Officers of the Section.
5.2 Powers. The Executive Committee is responsible for the administration of the affairs of the Section and has the powers necessary for carrying out that responsibility. It shall authorize all commitments that entail the payment of money, and shall authorize the expenditure of all monies appropriated for the use of benefit of the Section. It shall not, however, authorize commitments that entail the payment of more money during any fiscal year than the amount the Section has for the fiscal year. The Executive Committee has the power to create or terminate special and standing committees of the Section, determine the functions and duties of those committees and specify the number of qualifications of the committee members. No action of any Section Committee, except the Executive Committee, shall be an official Section action or represent the views of the Section until approved by the Executive Committee or by the Section.
5.3 Executive Committee Authority. Between meetings of the Section, the Executive Committee has full power to do and perform all acts and functions that the Section itself might perform. The Executive Committee shall determine by majority vote which office each member of the Executive Committee shall hold, except for the two Vice Chairs at-large which are determined pursuant to Section 4.5 and the Chair which is determined by Section 7.2.
5.4 Meetings. The Chair may, and upon request of three members of the Executive Committee shall, call additional meetings of the Executive Committee. The Chair may decide upon the time and place for the Executive Committee meetings.
5.5 Quorum and Voting. A quorum consists of three or more of the Executive Committee members including the Chair or the First Vice-Chair or both. All members of the Executive Committee have the right to vote. No person shall have more than one vote. There shall be neither absentee nor proxy voting, except that, for organizational representatives created by Section 4.5, the organization may certify an alternate representative to serve at a meeting at which its appointed representative will not be present. A certified alternate representative may vote at the meeting for which the alternate representative is certified. Each certification of an alternate representative is valid for only one meeting.
5.6 Poll of Executive Committee. The Chair may, and upon request of three members of the Executive Committee shall, submit to each of the members of the Executive Committee any proposition upon which the Executive Committee is authorized to act. The members of the Executive Committee may vote upon the proposition either by telephone or mail vote within the period of time established by the Chair. The Chair shall ensure that a record of the votes is made and maintained.
5.7 Delegation of Powers. The Executive Committee may delegate any of its powers to the Chair.
5.8 Prohibition of Compensation Limited Reimbursement. No salary or compensation for services shall be paid to an Officer or member of any committee except as may be specifically authorized by the Board of Commissioners of the Bar. No person shall be reimbursed for time spent in fulfilling the duties of office or duties as a member of the Executive Committee. However, partial or complete reimbursement of travel, lodging, and related expenses may be authorized from the Section’s budge for attendance at meetings of the Executive Committee, task forces, committees, and other official functions of the Section. Any provisions for expenditures of funds for such expenses or such reimbursements must be approved by the Executive Committee and consistent with the Bar’s policies concerning reimbursements. Organizational representatives established by paragraph 4.5 may, but need not be, included in any provisions for costs or reimbursements.
ARTICLE 6: COMMITTEES
6.1 Committees. The Executive Committee is authorized to establish or eliminate such committees as may be deemed desirable to further the purposes of the Section. The Chair is authorized to establish ad hoc committees for a specific purpose and for a limited time, provided that no ad hoc committee will duplicate the area of activities or responsibility of a committee established by the Executive Committee. If the Chair establishes an ad hoc committee, the Chair shall advise the Executive Committee of that matter.
6.2 Members and Chairs. Each Committee shall have at least one Chair. The Executive Committee or Section Chair may authorize some or all committees to have co-Chairs and Vice-Chairs. The Section Chair shall appoint and announce the membership, the Chair, Co-Chairs, and Vice-Chairs of each committee.
ARTICLE 7: TERMS, AUTOMATIC SUCCESSION, AND ELECTIONS
7.1 Terms of Office. Terms of office shall begin on July 1st and end on June 30th. If at the close of any term of office a successor has not been elected, the term shall be extended until a successor shall have been elected.
7.2 Automatic Succession Chair and First Vice-Chair.
- The First Vice Chair automatically succeeds to the office of Chair and shall serve a term of one year and shall not again accede to that office for a period of at least two years.
- In the event that the office of First Vice-Chair becomes vacant, the vacant office shall be filled in the manner set forth in paragraph 8.2 of these bylaws.
7.3 Elective Offices. At each Annual Meeting of the Section, the membership shall elect three members to the Executive Committee. Of the three remaining positions on the Executive Committee one is filled by operation of Section 7.2; the other two are filled by operation of Section 4.5. The officers of the section will be determined pursuant to Section 5.3.
7.4 Eligibility and Ineligibility for Office. No person shall hold more than one office at the same time. Any member of the Section who is eligible to vote is eligible for office, provided that no person shall be eligible for election to or assumption of the office of:
- Chair if the person is a defender (including member of the defense bar and defense service agencies) ant the current Chair is also a defender, or if the person is a prosecutor (including members of and legal advisors to law enforcement agencies) and the current Chair is also a prosecutor.
- First Vice-Chair if the person is a defender (including member of the defense bar and defense service agencies) ant the current Vice-Chair is also a defender, or if the person is a prosecutor (including members of and legal advisors to law enforcement agencies) and the current Vice-Chair is also a prosecutor.
- Any office, if the person has already served continuously in the same office for a period of five full years or more during the immediately preceding five years.
- If, at the time of election, the departing Chair is a defender, then of the three vacancies on the Executive Committee no more than one prosecutor may be elected. If at the time of election, the departing Chair is a prosecutor, then of the three vacancies on the Executive Committee no more than one defender may be elected.
7.5 Nominating Committee.
- The Executive Committee is the Nominating Committee. The First Vice-Chair is the Chair of the Nominating Committee.
- In selecting its nominees, the Nominating Committee shall not consider individuals who are ineligible under paragraph 7.4. The Committee shall strive to achieve broad representation and balance on the Executive Committee from the defense bar (including defender services), the prosecution (including advisors to law enforcement), the courts, the academic community, the military, corrections, and others with an interest in criminal justice.
- The Nominating Committee shall make and report one nominee for each position which is to be filled by election.
- If, prior to the election, a nominee dies, withdraws, becomes or is determined to be ineligible, or declines the nomination or in the judgment of the Executive Committee becomes disabled, the Executive Committee may name a new replacement nominee.
7.6 Nomination from the Floor. Nominations are permitted from the floor.
- The election of the three elected positions for which terms are expiring at the annual meeting shall be conducted at the annual meeting of the Section held pursuant to paragraph 3.1 of these bylaws. The three vacancies shall be listed on any ballot and elected separately.
- The nominee receiving the majority of the votes cast for a given position is elected. If no nominee receives a majority, the nominee receiving the least number of votes is eliminated. If two or more nominees receive the same least number of votes, a secondary vote is taken on those nominees, and the nominee who receives the least number of votes is eliminated. If the secondary vote results in a tie, lots will be drawn to determine which nominee is to be eliminated. After a nominee is eliminated, a new ballot of the remaining nominees is put to a vote. If the vote dies not result in a nominee receiving the majority of votes cast, the procedure of eliminating a nominee and putting to a vote the remaining nominees is repeated until a majority vote on the remaining nominees is obtained.
ARTICLE 8: ABSENTEEISM AND VACANCIES
8.1 Absences. If any member of the Executive Committee, without sufficient excuse, fails to attend two successive meetings of that Committee or two meetings in a single Bar year, the office held by such member, by majority vote of the Executive Committee, may be declared vacated.
8.2 Vacancies of Officers. Between annual meetings of the Section, the Executive Committee may fill vacancies in its own membership (except that organizational representatives will be replaced pursuant to paragraph 8.3). Members of the Executive Committee so elected shall serve until the next annual meeting of the Section. In case of the vacancy of the office of Chair, the First Vice-Chair shall become the Chair for the remainder of the Chair’s term or disability and for the additional term that the First Vice-Chair would have assumed for the office of Chair had the position of the Chair not been vacated. In the event that the Chair becomes temporarily disabled to fulfill the office of Chair, the Chair may declare in writing that during the period of disability the First Vice-Chair may declare in writing that during the period of disability the First Vice-Chair will fulfill the responsibilities of the Chair. In the event that the Chair becomes disabled to fulfill the office of Chair and it appears to the Executive Committee, by majority vote, that the Chair will be disabled during the remainder of the Chair’s term, the Executive Committee may declare that the office of Chair is vacant. If, however, it appears to the Executive Committee that the disability of the Chair is only temporary then the Executive Committee, by majority vote, may declare that the First Vice-Chair will fulfill the responsibilities of the Chair during the temporary period of disability.
8.3 Replacement of Organizational Representatives. An organizational representative on the Executive Committee created by Section 4.5 may be replaced by the appointing organization at any time.
ARTICLE 9: REPRESENTATION OF BAR POSITION
Any resolution adopted by the Executive Committee or the Section shall be reported by the Chair to the Board of Bar Commissioners. Any position adopted by the Executive Committee or the Section must be approved by the Bar as provided by the Bar’s Rules and Bylaws before it represents the position of the Bar.
ARTICLE 10: PARLIAMENTARY AUTHORITY AND PROCEDURE
10.1 Parliamentary Authority. The parliamentary authority is Robert’s Rules of Oder Newly Revised except when those rules are in conflict with these bylaws or with the Bar’s Rules or Bylaws.
10.2 Parliamentarian. The Chair may appoint a Parliamentarian to advise the Chair on parliamentary procedure.
ARTICLE 11: AMENDMENTS
These Bylaws may be amended at any annual meeting of the Section by a majority vote of the members of the Section present and voting, providing such proposed amendment shall first have been approved by a majority of the Executive Committee. Amendments shall become effective upon adoption by the Section and approval by the Board of Commissioners of the Utah State Bar.