The following are the changes to the HCBA By-Laws currently being considered by the Board of Directors. Comments from Bar Association members will be accepted until until March 31, 2002.  The Board of Directors will take a final vote on all the suggested changes on Tuesday, April 8, 2002.  The changes approved by the Board of Directors will then be voted on by the membership at the annual meeting. Comments should be sent to HCBA president Bob Guth in writing (including e-mail).  

 

BY-LAWS

 OF 

HOWARD COUNTY BAR ASSOCIATION, INC.

 

    ARTICLE I - IDENTIFICATION:

            Section 1.      Name.  The name of the Corporation is: THE HOWARD COUNTY BAR ASSOCIATION, INC. (referred to hereinafter as the Association).

            Section 2.            Principal Office.  The principal office of the Association shall be located at : 8360 Court Avenue, Circuit Courthouse Building, Ellicott City, Maryland 21043 or at such other location as the Board of Directors shall determine.

            Section 3.      Seal.  The seal of the Corporation Association shall be in the form of a circle and shall bear the name of the Association, the year of its incorporation, and the Word word “MARYLAND”.

            Section 4.      Fiscal Year.  The fiscal year of the Corporation Association shall be from July 1st 1 to June 30th 30 of the following calendar year.

 

ARTICLE II - MEMBERSHIP AND MEMBERSHIP MEETINGS:

            Section 1.            Classes of Membership.  This shall be a non—stock non-stock, membership corporation established in accordance with the applicable provisions of the Maryland General Corporation Law of the State of Maryland.  Membership in this the Association shall consist of the following classifications: active, associate, honorary, and inactive.  There shall also be a judicial section of membership.

            Section 2.      Active Membership.  To be eligible for active membership in this the Association, a person shall (i)(a) be a member of the Bar of the Court of Appeals of Maryland and not disbarred or under suspension by any court or jurisdiction and (ii)(b) shall maintain in the State of Maryland, a principal office, (which is defined as that place where that person spends 3 three (3) or more days each working week (Monday[Monday through Friday)] during ordinary business hours and), be a resident of Howard County, Maryland or maintain such an office in Howard County, Maryland, and shall be engaged in the full-time practice of law.

            Section 3.            Associate Membership.  To be eligible for associate membership in this the Association, a person shall be (i)(a) a law clerk for a judge, governmental office, or law firm or attorney and working in Howard County, Maryland; (ii)(b) a member of the Bar of the Court of Appeals of Maryland and not disbarred or under suspension by any court or jurisdiction; or (iii)(c) a full—time full-time law professor or dean of a law school.

            Section 4.            Honorary Membership.  The following persons shall be honorary members of the Association during their terms in office:

                        (a)            Judges of the Court of Appeals of Maryland, and the Court of Special Appeals for Maryland, judges of any Federal Court or court of record of the District of Columbia, provided said judges were previous members of the Association;

                        (b)            And such other persons as may be named by unanimous vote of the Board of Directors.

            Section 5.            Inactive Membership.  To be eligible for inactive membership in this the Association, an attorney must have been a former member of this the Association, whether active, associate, or honorary, and shall not be engaged in the active practice of law and not be disbarred or under suspension by any court or jurisdiction.

            Section 6.      Judicial Section.  The judicial section shall be composed of the judges of the Circuit and District Court Judges Courts for Howard County, Maryland, and Masters of the Circuit Court for Howard County, Maryland.  They shall be entitled to all the privileges and duties of active members, except as otherwise noted.

            Section 7.            Application for and Election to Membership.

                        (a)            Application for membership in this the Association shall be made on the forms prescribed by the Association and submitted to the Association’s Membership Committee Board of Directors.

                        (b)            All applications shall require the names and signatures of two sponsors, who must be active members of the Association in good standing.

                        (c)            All dues payments for new members whose applications are approved between July 1 and December 1 of each year shall be in the full annual amount.  All dues for new members whose applications are approved between December 1 and June 1 of each year shall be in the amount of one—half one-half (½) of the annual dues.

                        (d)            The application, upon receipt, shall be reviewed by the Membership Committee Board of Directors for conformity with the provisions of this Article.  The Membership Committee Board of Directors may conduct a personal interview at the applicant’s office (or such other place as may be agreed to) and report to the full membership at the next regularly scheduled meeting of the Association after the interview.

                        (e)            Upon receipt of the report, the membership shall vote on the admission of the applicant at the said meeting, provided there is a quorum.

                        (f)            Any member who desires to become an active member after being as associate member shall be required to follow the procedure required of initial applicants.

            Section 8.            Privileges and Duties of Membership.

                        (a)            Active Members shall be eligible to vote, hold office in the Association, and participate in all committees, social, and other activities of the Association.

                        (b)            Associate Members shall be eligible to participate in all committee, social, and other activities of the Association.  Such members shall not be eligible to vote or hold office, or to participate as a member of the Lawyer Referral Panel, unless such associate member belongs to another Bar Association bar association which grants reciprocal privileges to active members of the Bar Association of Howard County, Maryland.

                        (c)            Honorary and Inactive Members shall be entitled to participate in the activities of the Association, but shall not be eligible to vote, hold office, or to serve on any Lawyer Referral Panel.

                        (d)            Annual Review of Membership:.  Each member, whether active, associate, honorary or inactive, shall may be required once a year to certify to the accuracy of facts relevant to the classification of the member and may be reclassified as a result of such review.  Each member shall be required to complete a form prepared by the Membership Committee Board of Directors relative to the classification of the member.

            Section 9.            Expulsion and Suspension.

                        (a)            Disbarment by any State of or Federal Court shall automatically terminate membership in this the Association.

                        (b)            Any member may be suspended or expelled for professional misconduct or a breach of professional duties upon a two-thirds (K) vote of the membership following a hearing and a finding by the Membership Committee Board of Directors of such misconduct or breach.

                        (c)            Any member expelled from the Association shall forfeit all rights and privileges of the membership.

                        (d)            Suspension from the practice of law by any State or Federal Court shall automatically suspend membership in the Association until the suspension is removed.

            Section 10.            Assessments and Delinquencies.

                        (a)            The amount of all dues and assessments shall be fixed by majority vote of the membership at any regular or special meeting after receiving a recommendation from the Board of Directors which shall be delivered to the membership at least ten (10) days prior to such vote.  In order to maintain membership in the Association, all active, associate, and inactive members shall pay all dues and assessments when the same shall become due.

                        (b)            Any member who fails to pay dues or any special assessments within sixty (60) days following the mailing of the first notice of such dues or special assessment, shall be dropped from the roll of members upon the affirmative vote of the majority of the membership, provided, however, that prior to the taking such action the Treasurer shall give such delinquent member notice of intention to request such action of the membership which notice shall reflect the date of which the membership will be asked to take action.  Any member so dropped shall be eligible for readmission after six (6) months upon the same conditions of the original application for membership, except, however, the arrearages in dues and assessments shall be paid.

            Section 11.            Reinstatement.  Any member who has been expelled from the Association by reason of disbarment may apply for reinstatement in this the Association after reinstatement to practice in all jurisdictions from which such member was previously disbarred.  If the expulsion from this the Association was by reason other than disbarment, the former member may reapply for membership at any time after the expiration of one (1) year following such expulsion and may be reinstated by a majority vote of the Association upon payment of all intervening dues and assessments.

            Section 12.            Meetings.

                        (a)            There shall be regular business meetings of the Association at such time during each year as the Board of Directors may by resolution direct.

                        (b)            The annual meeting of the Association shall be held on the first Friday in June of each year or at such other time and place in the month of June or at the regular business meeting of the Association in May as the Board of Directors may by notice to the membership determine.  Each term of office shall commence on July 1st. At the Annual Meeting, the President shall:

                                    (i)            Render a state of Association report.

                                    (ii)            Present for approval the budget for the forthcoming fiscal year as it has been approved by the Board of Directors.

                                    (iii)            Conduct the election of officers and Directors in accordance with Article VI of this Constitution III of these By-Laws.

                        (c)            Special meetings shall may be called on not less than two (2) days notice at any time by the President, by the Board of Directors, or by the President upon written request of 25 twenty-five percent (25%) of the active members of the Association addressed to the President.  A notice shall be given to the membership of the time, place and purpose of each special meeting least forty-eight (48) hours prior to the convening of such a meeting.  Upon the failure of the President to call such meeting within five (5) days after the receipt of such written request, the Secretary shall notify the membership of such meeting as provided herein and set the date of the meeting not less than forty-eight (48) hours before nor more than five (5) days from after the date of such notification to the membership.  At any such special meeting, no business shall be transacted except that which is specified in the call for notice of the special meeting.

                        (d)            Meetings of the Board of Directors shall be called by the President.

                        (e)            The Association may call quarterly meetings within each year, which meeting may be attended by all members except those of the judicial section.  The Association may hold such other meetings without the attendance of members of the judicial section, upon resolution of the Board of Directors where, in the opinion of the Directors of the Association, the purpose of the meetings so requires.

            Section 13.    Order of Business at Meetings.

                        (a)            The order of business shall may be as follows at all the meetings of the Association or the Board of Directors:

                                    (i)            Announcement of a quorum;

                                    (ii)            Proof of notice of meeting or waiver of notice;

                                    (iii)            Reading of minutes of prior meeting;

                                    (iv)            Reports of officers;

                                    (v)            Reports of Committees;

                                    (vi)            Old business; and

                                    (vii)            New business.

                        (b)            Any question as to the priority of business shall not be decided by the President without debate.

                        (c)            The order of business may be altered or suspended at any meeting by a majority of the active membership present and entitled to vote.

                        (d)            If, by a majority vote of the active membership present and entitled to vote, any business shall be require the absence of the members of the judicial section, those members shall be absent themselves during that particular point of business.

            Section 14.            Quorum.

                        (a)            The presence in person of forty-five (45) active members shall be necessary to constitute a quorum for the transaction of business at any regular or special meeting.

                        (b)            If a quorum is not present, the meeting shall be adjourned to a day and hour fixed by the President.

                        (c)            All matters to be decided at a duly constituted meeting of the Association shall be by a majority vote of those active members present in person, so long as a quorum shall be present, except as otherwise provided in these By—Laws By-Laws.

 

ARTICLE III - OFFICERS AND BOARD OF DIRECTORS:

            Section 1.            Officers and Directors.  The Officers of the Association shall consist of the following: President, President-Elect, Treasurer, Secretary, and Secretary.  The said officers of the Association together with the Immediate Past President, and four six (6) members-at-large. The said officers shall also constitute the Board of Directors of the Association.  The term of office of each officer and director shall commence on July 1st following immediately upon his or her election or, in the case of the President, following the succession of the President—Elect President-Elect to such office. The President shall appoint one of such directors as Parliamentarian to serve at the pleasure of the President.

            Section 2.      Duties.

                        (a)            President.  The President shall preside at all meetings of the Association, shall serve as chairman of the Board of Directors, and shall be an ex officio member of all committees of the Association.  The President shall at the annual meeting report to the Association on its progress and status.  The President shall only serve one full term in office.

                        (b)            President-Elect_.  The President—Elect President-Elect shall assume all duties of the President in the absence of the President, and shall automatically succeed to the office of President upon the death, resignation, or disability of the President and upon the expiration of the term of office of the President.  All active members shall be eligible for the office of President—Elect President-Elect, except the retiring President.

                        (c)            Treasurer.  The Treasurer shall be responsible for the collection and depositing of funds in the name of the Association in such banks or other financial institutions as the Board of Directors may select and shall be responsible for the disbursement and/or withdrawal of same by order of the Board of Directors, reporting at regular Association meetings and for keeping regular accounts of income and disbursements, which shall be open to inspection by any member of the Association.  The Treasurer shall submit to the Board of Directors not later than ninety (90) days prior to the end of the term of such office, a proposed budget for the forthcoming fiscal year of the Association.  The Treasurer shall periodically advise the Board of Directors of the financial responsibility of the membership and any delinquencies in dues and assessments which shall have accrued.  The Treasurer shall further be responsible for the filing of tax returns for the Association.  The Treasurer may serve more than one term in office at the will of the Association.

                        (d)            Secretary.  The Secretary shall maintain accurate minutes of the proceedings of the Association and the Executive Committee for dissemination to the membership, conduct the correspondence of the Association, maintain the official seal, and perform such other usual duties as shall be requested by the President.  The Secretary may serve more than one term in office at the will of the Association.

(e) Members—at—Large. The four members—at—large shall serve on the Board of Directors and shall have such duties as the President shall assign them for the benefit of the Association.

            Section 3.      Board of Directors.  The Board of Directors shall manage the affairs of the Association subject to these By-Laws.  The Board shall designate the time and place of meetings of the Association, shall approve the expenditure of all sums from the Association funds, and shall approve, with or without modification, the budget proposed by the Treasurer, which it shall submit to the membership for approval.  The Board may employ an Executive Director and staff and may delegate by resolution such managerial duties as it deems appropriate.  All such employment shall be at the will of the Board of Directors.  All members of the Board may serve more than one term in office at the will of the Association.

 Unless otherwise specified in these By-Laws a majority of the members of the Board of Directors shall constitute a quorum.

 

ARTICLE IV - COMMITTEES:

Section 1. Management of Standing and Special Committees.

The President may appoint a member or members of the Board to coordinate and monitor each section of the standing and special committees of the Association. The standing and special committees shall be organized for such purposes in the following sections:

(a) Bar Association Administration

(b) Services to Association Members

(c) Responsibilities to the Public

(d) Responsibilities to the Profession.

The work of the Sections and all committees shall be governed by the By-laws and managed by the Board of Directors.

Section 2. Composition of Standing and Special Committees

Section 3. Standing Committees.

The President shall appoint the members and chairs (or, at the election of the President, co—chairs) of each Standing and Special Committee. Members of each standing committee shall serve a term of one (1) year, and the chairs (or co—chairs) shall serve a term of one (1) year. Members and chairs (or co—chairs) of each special committee shall serve such terms as may be determined by the President. Each standing committee shall have no less than five (5) members. The Standing Committees shall be as named in this section and as may from time to time be established by resolution of the Association.

(a) Bar Association Administration - This section shall be coordinated and monitored by a member of the Board of Directors for the primary purpose of assisting the efficient administration of the Association. The standing committees in this section are as follows:

1. Membership Committee

2. Nominations and Elections Committee

3. Long-Range Planning Committee

4. By-Laws Committee

(b) Services to Association Members — This section shall be coordinated and monitored by a member of the Board of Directors for the primary purpose of providing services to the Association members. The standing committees in this section are as follows:

1. Continuing Legal Education Committee

2. Legislative Committee

3. Library Committee

4. Mentor Committee

5. Solo - Small Practitioner Committee

6. Young Lawyers Committee

7. Special Events Committee

8. Administration of Justice Committee

(c) Responsibilities to the Public - The committees in this section shall be coordinated and monitored by a member of the Board of Directors for the primary purpose of fulfilling the responsibilities of the Association to the public. The committees in this section are as follows:

1. Legal Services to the Public and Lawyer Referral Committee

2. Public Relations and Events Committee

(d) Responsibilities to the Profession — The committees in this section shall be coordinated and monitored by a member of the Board of Directors for the primary purpose of fulfilling the responsibilities of the Association to the legal profession. The committees in this section are as follows:

1. Judicial Merit Selection Committee

2. Legal Ethics Committee

3. Professional Organizations Relations Committee

Section 4. Special Committees.

There shall be such special committees as the President shall determine are necessary to the proper functioning of the Association and shall establish and there shall further be such special committees as the Association by a majority vote shall direct the President to establish.

Section 5. Purposes of Standing Committees.

(a) Membership Committee. It shall be the duty of the Committee on Membership to assist the Board of Directors as directed from time to time in carrying out the membership policies of the Association as established by Article II of these By-Laws.

(b) Nominations and Elections Committee. It shall be the duty of the Nominations and Elections Committee to administer the nomination and election procedures as established by Article VII of these By-laws.

(c) Long-Range Planning Committee. It shall be the duty of this Committee to develop and pursue on its own initiative an ongoing program for evaluating the responsiveness of the Association to the needs of the Association members, the legal profession, and the public; to make specific recommendations to the Board of Directors from time to time for organizational revision, modification of existing programs, and the institution of new programs; to make preliminary evaluations of the feasibility of undertaking new programs; and, generally, to assist the Board of Directors and the Association at—large in anticipating problems which will be challenging the Association members, the legal professional, and the public in the future.

(d) By-Laws Committee. It shall be the duty of this Committee to monitor the operation of the Association under the By—laws and to review recommendations for and to make recommendations for changes to the By—laws to better facilitate the operations of the Association and enable it to determine and fulfill its purposes.

(e) Continuing Legal Education Committee. It shall be the duty of this Committee to enhance the continuing legal education of the lawyers in Howard County by instituting and coordinating programs of interest to members of the Bar. In addition to such programs as the Committee may initiate, programs requested by any other committee or by the membership shall be implemented by the Committee.

(f) Legislative Committee. It shall be the duty of this Committee to take notice of all pending and proposed legislation proposing innovations to or changes in the law and to consider and report to this Association such action as a majority of the Committee shall believe should be taken by the Association with respect to such pending legislation. It may refer any items of pending or proposed legislation to any other Standing Committee or Section of the Association for its study and recommendations.

(g) Library Committee. It shall be the duty of this Committee to promote the availability of an adequate law library for the membership in order to assist the members in providing high quality legal services to those in need of such services in Howard County, Maryland.

(h) Mentor Committee. It shall be the duty of this Committee to develop programs for mentoring members of the Association who are newly admitted to the practice of law.

(i) Solo - Small Practitioner Committee. It shall be the duty of this Committee to advise the Board of Directors of the needs of the members of the Association who practice law alone or in small partnerships, professional corporations or other associations and to make recommendations regarding their needs.

(j) Young Lawyers Committee. This Committee shall consist of members under the age of thirty—six (36) or who have practiced law for less than five years. It shall be the duty of this Committee to ascertain and promote the interests of young lawyers within the Association.

(k) Special Events Committee. It shall be the duty of this Committee to provide for the fulfillment of the ceremonial obligations of the Association such as the annual meeting, reception for judges, memorials, and for social events such as dinner dances and sporting events.

(l) Administration of Justice Committee. It shall be the duty of the Committee for Administration of Justice to review, analyze, and suggest improvements to procedures in the administration of justice. The Committee shall also consider new rules and statutes as they affect the practicing attorney in Howard County and their impact on our courts and clients. Finally, the Committee shall review legislation affecting the administration of justice and make recommendations regarding its passage to the Association. This Committee may establish subcommittees to assist in the work of the Committee in such areas as liaison with:

1. Circuit Court

2. Circuit Court, sitting as an Orphans Court

3. Circuit Court Clerk’s office

4. Department of Juvenile Services

5. Department of Parole and Probation

6. District Court

7. Federal Courts

8. Law Enforcement Agencies

9. Public Defender

10. Register of Wills

11. Sheriff

12. State’s Attorney

(m) Legal Services to the Public Committee and Lawyer Referral Committee. It shall be the duty of the Legal Services to the Public and Lawyer Referral Committee to promote the availability of high quality legal services to all people in need of legal services in Howard County, Maryland. The Committee may establish subcommittees to assist in the work of the committee in such areas as:

(1) Lawyer Referral and Reduced Fees

(2) Legal Aid

(3) Judicare

(4) Pro Bono

(n) Public Relations and Events Committee. It shall be the duty of this Committee to promote the relations of the Association with the public and to provide for special public events such as Law Day, the Columbia Fair, and the Howard County Fair.

(o) Judicial Merit Selection Committee. It shall be the duty of the Committee on Judicial Selections to administer the program established by Article VI of these By-laws.

(p) Legal Ethics Committee. The Legal Ethics Committee shall have the following duties:

(1) To encourage high standards of integrity, honor, and courtesy in the legal profession.

(2) To consider questions presented to it by the public, the judiciary, and members of the Association and to render opinions on such questions either formally or informally as the Committee deems appropriate. All such opinions shall be filed and maintained as permanent records of the Association.

(3) The Committee may publish its opinions when deemed in the best interests of the profession, but shall maintain confidentiality as to individuals involved in its proceedings.

(4) It shall refer any matter it reasonably believes to be a grievance to the Attorney Grievance Commission of the State of Maryland.

(q) Professional Organizations Relations Committee. It shall be the duty of this Committee to advise the Board on the affairs of other legal organizations such as the American Bar Association, the Maryland State Bar Association, the Waring Mitchell Law Society, the Women’s Bar Association, MICPEL, and other legal organizations.

 

ARTICLE V - SECTIONS:

            Section 4.            Meetings of the Board of Directors.

                        (a)            Regular meetings of the Board of Directors may be held, without notice, at such time and place as determined from time to time by resolution of the Board.  However, notice of every resolution of the Board fixing or changing the time or place for the holding of regular meetings of the Board shall be provided to each Director at least ten (10) days before the first meeting held pursuant to that resolution.  Any business may be transacted at any regular meeting of the Board.  A special meeting of the Board of Directors may be called, at any time and for any purpose or purposes, by the President or by the President-Elect.  A special meeting of the Board of Directors shall also be called forthwith by the President or by the Secretary upon the written request of a majority of the Board of Directors.  Written notice of each special meeting of the Board of Directors shall be provided to each Director at least three (3) days before the meeting.  Any business may be transacted at any special meeting of the Board.  Any Director may, in writing, waive notice of the time, place, and purposes of any special meeting.  Any meeting of the Board of Directors whether a regular or special meeting may adjourn from time to time to reconvene at the same or some other place, and no notice need be given of the reconvened meeting other than by announcement at the adjourned meeting.

                        (b)            Any action required or permitted to be taken at a meeting of the Board of Directors may be taken without a meeting, if a unanimous written consent which sets forth the action is signed by each member of the Board and filed for the minutes of the Board of Directors.  Members of the Board of Directors or any committee of the Board of Directors may participate in a meeting by means of a conference telephone or similar communications equipment if all persons participating in the meeting can hear each other at the same time, and such participation in a meeting shall be deemed to constitute presence in person at such meeting.

            Section 5.            Quorum.  At each meeting of the Board of Directors, a majority of the entire Board of Directors constitutes a quorum for the transaction of business.  If less than a quorum is present at any meeting, a majority of those present may adjourn the meeting from time to time.  Except as otherwise specifically provided by law, by the Charter of the Corporation, or by these By-Laws, the act of a majority of the Directors present at any meeting at which there is a quorum constitutes the act of the Board of Directors.

 

ARTICLE IV – BOARD COMMITTEES

            Section 1.            Committees.  The Board of Directors may appoint from among the Directors such committees as it deems appropriate.  Except as otherwise provided herein, all such committees shall be composed of one (1) or more Directors.  The Board of Directors may delegate to these committees any of the powers of the Board, except:  (i) any power the Board is prohibited from delegating under the Maryland General Corporation Law; or (ii) the power to elect or remove Directors or amend these Bylaws.

            Section 2.            Committee Procedure.  The Board of Directors shall have the power to prescribe the manner in which proceedings of each committee shall be held.  Unless the Board of Directors shall otherwise provide, the actions of each committee shall be governed by the following rules of procedure.  The majority of the members of a committee shall constitute a quorum for the transaction of business and the vote of a majority of those present at a meeting at which a quorum is present shall be sufficient to pass any measure or resolution of the committee.  The members of the committee present at any meeting, whether or not they constitute a quorum, may appoint a Director to act in the place of an absent member.  Any action required or permitted to be taken at a meeting of a committee may be taken without a meeting, if a unanimous written consent which sets forth the action is signed by each member of the committee and filed for the minutes of a committee.  The members of the committee may conduct any meeting thereof by telephone conference or similar communications equipment if all persons participating in the meeting can hear each other at the same time.  Participation in a meeting by these means constitutes a presence in person at a meeting.  In the absence of any prescription by the Board of Directors or any applicable provision of these By-Laws, each committee may prescribe the manner in which its proceeding shall be conducted.

 

ARTICLE V – ASSOCIATION COMMITTEES

            Section 1.            Committees.  The Board of Directors may appoint from among the members of the Association a Judicial Merit Selection Committee and such other committees as it deems appropriate (“Association Committees”).  Except as otherwise provided herein, all such Association Committees shall be composed of two (2) or more members of the Association.  The Board of Directors may create the Association Committees for the purpose of providing information and recommendations to the Board, but any creation thereof shall not be deemed a delegation of any of the powers of the Board in any way.

            Section 2.            Committee Procedure.  The Board of Directors shall have the power to prescribe the manner in which proceedings of each Association Committee shall be held.  Unless the Board of Directors shall otherwise provide, the actions of each Association committee shall be governed by the following rules of procedure.  The majority of the members of an Association Committee shall constitute a quorum for the transaction of business and the vote of a majority of those present at a meeting at which a quorum is present shall be sufficient to pass any measure or resolution of such Association Committee.  Any action required or permitted to be taken at a meeting of an Association Committee may be taken without a meeting, if a unanimous written consent which sets forth the action is signed by each member of the Association Committee and filed for the minutes of such Association Committee.  The members of the Association Committee may conduct any meeting thereof by telephone conference or similar communications equipment if all persons participating in the meeting can hear each other at the same time.  Participation in a meeting by these means constitutes a presence in person at a meeting.  In the absence of any prescription by the Board of Directors or any applicable provision of these By-Laws, each Association Committee may prescribe the manner in which its proceeding shall be conducted.

            Section 3.            Judicial Merit Selection Committee.  The functions and composition of the Judicial Merit Selection Committee shall be as set forth in Article VII of these By-Laws.

 

ARTICLE VI – MEMBERSHIP SECTIONS

            Section 1.  The Board of Directors may by resolution establish such sections as it deems appropriate from time to time to further the interest of the membership in special areas of the law.  Membership in said sections shall not be restricted but shall be open to all members in good standing of this the Association.  The chairman of each section shall be appointed by the President.  These sections may include, but not be limited to, any one or more of the following:

                        (a)            Administrative Law

                        (b)            Bankruptcy

                        (c)            Commercial Law and Banking

                        (d)            Correctional Reform

                        (e)            Criminal Law

                        (f)            Family Law

                        (g)            Juvenile Law

                        (h)            Patent, Trademark & Copyright

                        (i)            Real Estate

                        (j)            Taxation

                        (k)            Wills, Estates, and Trusts

                        (l)            Person Injury

                        (m)            Business Law

            Section 2.      Each section may establish its own rules or bylaws by-laws, subject to approval by resolution of the Board of Directors.

 

Section 3. All educational programs offered to the full membership of the Association shall be coordinated through the Continuing Legal Education Committee.

 

ARTICLE VI

ARTICLE VII - JUDICIAL MERIT SELECTION COMMITTEE:

            Section 1.      It is recognized that it is the responsibility and obligation of the members of the Bar and of this the Association to:

(1)

                        (a)            Encourage the candidacy of well-qualified persons for judicial office;

(2)

                        (b)            Promote, support, and endorse such candidates during the process of selection;

(3)

                        (c)            Identify candidates for judicial office who shall be found to be fully qualified.

            Section 2.            Administration.  The function of the Association in the merit selection process shall be administered by the Judicial Merit Selection Committee (referred to in this Article VI as the “Committee”)“Selection Committee”).

            Section 3.            Membership on the Selection Committee.  The membership of the Selection Committee shall be subject to the following limitations and obligations:

                        (a)            Any member of the Selection Committee who becomes a candidate for a judicial position in any court shall immediately resign from the Selection Committee for the balance of his or her term.

                        (b)            Except as set forth in these By-Laws, the discussions in the Selection Committee meetings pertaining to the qualifications of judicial candidates shall be confidential.

                        (c)            No Selection Committee member shall directly or indirectly contact any applicant or permit any applicant to contact a committee member concerning any referendum or evaluation for which endorsement is sought.

                        (d)            In the event of a breach of confidentiality made by any member of the Selection Committee, that member shall be immediately removed from the Selection Committee by the President of the Association.  The removal of any Selection Committee member may be appealed by the member to the Board of Directors, but such an appeal shall be limited to the issue of whether the member committed such breach.

            Section 4.      Scope of Selection Committee’s Activity.  The Selection Committee shall be concerned with the selection of judges who shall be subject to election by citizens of Howard County, Maryland or who are eligible to be appointed to a judicial position of a court serving Howard County, Maryland.

                        (a)            The Selection Committee is expressly authorized and directed to meet at its discretion, as decided by its Chair, at such times during the course of the year in order to discuss opportunities for and encourage qualified members of the Howard County Bar Association to apply for vacancies for judicial positions that are currently available or that might occur in the future.

                        (b)            The Selection Committee is expressly authorized to create and/or amend such forms as it deems necessary and appropriate to competently evaluate possible candidates for recommendation as judicial officers to serve the citizens of Howard County, Maryland, including, but not limited to, the forms attached to these By-Laws.

                        (c)            The Selection Committee is expressly authorized to develop a list of criteria to use to determine whether a candidate is qualified to serve as a judicial officer in general, as well as qualifications as may be necessary for a specific vacancy.

                        (d)            The Selection Committee is expressly authorized to develop an evaluative method to be used in determining whether set criteria have been met and to what degree.

            Section 5.            Composition of the Selection Committee.  The Selection Committee.

The  Committee shall be composed of twelve (12) members, all of whom shall serve for one two-year term.  The President shall appoint the Chair and the President-Elect shall appoint the Vice-Chair.  Members shall be selected by the President who shall also select the first initial Chair of the Selection Committee.  Thereafter, the Chair shall have at least one year of prior service on the Selection Committee before he or she can be appointed Chair.  The appointment of the Chair and Vice-Chair shall be for a one-year term.  The Chair is limited to two (2) consecutive terms as the Chair.  After the expiration of a member’s term, he or she shall be prohibited from serving on the Selection Committee for a period of one (1) year.

            Whenever a vacancy in the Selection Committee occurs, the President may appoint a member to the Selection Committee to fill the balance of the vacant term.  The initial Selection Committee appointments shall be composed of four (4) members appointed by the President for a three-year term; four (4) members appointed by the President for a two-year term; and four (4) members appointed by the President for one-year terms.  Thereafter, all members appointed to the Selection Committee shall serve two (2) year terms.

            The President, in appointing members to the Selection Committee shall use all reasonable efforts to ensure that the Selection Committee is representative of the Association with respect to the diversity of membership.  This includes, but is not limited to, concerns for the variety and types of practices, length of practice, gender, race, and geographic location.

            Section 6.            Procedure Relating to Reappointment/Re-election of Sitting Judicial Officers.

                        (a)            A referendum shall be conducted to survey the views of the active members of the Association with respect to the qualifications of those sitting judicial officers who seek election, reappointment or reelection.

                        (b)            The referendum shall be in the nature of a questionnaire which shall be distributed to the active membership of the Association sufficiently in advance of the reappointment, reelection or election to allow for timely completion.

                        (c)            The referendum shall inquire:  “Is the record of (name of incumbent judge) for integrity, temperament, and professional competence such that he (or she) is entitled to immediate endorsement for election (or reelection, or reappointment as the case may be)?”  The answer shall be “yes” or “no” but the voting member shall be entitled to indicate that he or she is without sufficient knowledge and information to answer “yes” or “no”.

                        (d)            Where the judicial position to which the incumbent judge seeks election or reelection/reappointment is sought by any other candidate not holding such position, the referendum questionnaire shall also inquire with regard to such other candidate:  “Is the (name of candidate) known for integrity, temperament and professional competence that (name of candidate) is entitled to be preferred to the incumbent judge for election?”  The answer shall be “yes” or “no” and the voting membership shall be entitled to indicate that he or she is without sufficient knowledge and information to answer “yes” or “no”.

                        (e)            The results of the referendum shall be tabulated by the Selection Committee and then transmitted to the President of the Association within 24 twenty-four (24) hours of the tabulation.

                        (f)            The Association shall send a referendum questionnaire to the membership on the books and records of the Association at the United States Postal Service mailing address listed thereon as of the date the Selection Committee distributes the referendum to the active membership.

                        (g)            Each active member may complete only one referendum.  Any attempt to complete more than one shall nullify all responses by that member.

            Section 7.      Duties of President Relating to Reappointment/Re-election of Sitting Judicial Officers.  The President shall:

                        (a)            Announce the endorsement of nomination, election, reelection and/or reappointment of any incumbent judge who shall have received at least 80% eighty percent (80%) favorable responses of the total members responding to the referendum and of any other non-incumbent candidate who shall have received at least 80% eighty percent (80%) favorable responses of the total members responding to the referendum;

                        (b)            Announce the individual percentages of all judge(s) who were the subject of the referendum;

                        (c)            Communicate to the duly constituted Judicial Nominating Commission appointed by the Governor and/or other executive or legislative body the results of the referendum from the Association as well as the endorsement, if any, from the membership.

            Section 8.            Provisions for Voting by Absentee Ballot.

                        (a)            Any active member who desires to vote by absentee ballot shall request an absentee ballot from the Selection Committee.

                        (b)            Upon request for an absentee ballot, the Selection Committee shall confirm the active membership of the applicant and upon such confirmation promptly transmit or the applicant may obtain personally, or through an authorized agent, an absentee ballot at a place designated by the Selection Committee.

                        (c)            The Selection Committee shall keep a record of all applications for absentee voter ballots as they are received, showing the date and time received, the name and address of the confirmation of the applicant’s active membership.  These records shall be available for examination by any active member on written application to the Selection Committee.

                        (d)            After the mailing of the absentee ballot to the applicant, the applicant’s name on the roster shall be marked “Registered Absentee Voter.” Notwithstanding the mailing of the absentee ballot to an applicant, the applicant may vote in person at the referendum using his or her absentee ballot.  If a member who has received an absentee ballot elects to vote in person but is not in possession of his or her absentee ballot, then such member may vote in person provided only that such member’s absentee ballot, is not received and recorded prior to the closed referendums.  In the event that an absentee ballot is received and recorded from such an applicant prior to the close of the referendums after such applicant has voted in person at the referendum, then the absentee ballot shall be stricken from the record.

                        (e)            The form of the absentee voter ballot shall be the same form as is available to those active members voting in person at the referendum, except that the ballot shall be marked “Absentee Ballot.” It shall be provided to the applicant with two (2) separate mailing envelopes, a smaller envelope addressed to the Selection Committee of the Association, in which the actual absentee ballot is to be enclosed, and a larger envelope, in which the smaller envelope is enclosed, also addressed to the Selection Committee but containing the name and address of the absentee voter.

                        (f)            Upon receipt of the mailed absentee ballot, the Selection Committee shall record the receipt of the envelope from the member, whose name appears on the outside face of the envelope, shall open said envelope and discard it immediately and shall place the enclosed smaller envelope, containing the ballot in the ballot box pending the counting of all of the ballots at the close of the referendums.

                        (g)            The Selection Committee shall not open or unfold any absentee ballot at any time prior to the closing of the referendum.

                        (h)            Only those ballots received by the Selection Committee before the close of the referendums shall be considered timely received and shall be counted.

            Section 9.            Procedures Relating to Other Judicial Candidates.

                        (a)            The Selection Committee shall timely notify the Association of an impending judicial vacancy or a newly created judicial position.

                        (b)            The Selection Committee shall act promptly in the recruitment of qualified candidates for available judicial positions.

(1)

                                    (i)            The Selection Committee shall develop and distribute an appropriate application form.

(2)

                                    (ii)            The Selection Committee shall utilize the responses received in the forms attached to these By-Laws and the information obtained in a personal interview, if any, or on such other forms created under the authority above in evaluating candidates for each judicial position.

(3)

                                    (iii)            The Selection Committee shall conduct an interview of each candidate who is not a sitting judicial officer or each judicial officer who is a candidate for a court of greater jurisdiction.

                        (c)            Whenever there shall occur a judicial vacancy for which there is no incumbent judge or a new candidate running for the seat of an incumbent judge, all judicial candidates who elect review by the Selection Committee shall be evaluated in accordance with these By-Laws.

                        (d)            Each candidate for a judicial vacancy who submits the requisite application form shall be interviewed by the Selection Committee and the Selection Committee shall inform the President of the Association of its recommendations, if any, and the supporting rationale and any other relevant information.  In interviewing candidates the Selection Committee shall inquire as to the candidate’s professional knowledge, experience as appropriate, and may inquire as to certain personal attributes such as: competent to perform duties of office; good moral character; maturity; committed to equal justice under law; patience; courtesy; capable of deliberation; capable of decisiveness; possesses reason; possesses commonsense; possesses good judgment; and, experience as an attorney.

                        (e)            Each judicial candidate who elects review by the Selection Committee shall execute an agreement in connection with his application for endorsement by the Howard County Bar Association that the applicant will not directly or indirectly contact any member of the Selection Committee concerning the referendum and/or evaluation for which the endorsement is sought; will acknowledge that the only contact regarding the scheduling of an interview or for supplemental information will be with the Chair of the Selection Committee and/or the Chair’s authorized designee; will not request prior to, during or after the application for endorsement a letter of recommendation from any member of the Selection Committee; acknowledges that the applicant may contact only the Chair of the Selection Committee regarding reasons for non-endorsement and acknowledges that the Chair may not be authorized by the Selection Committee to release any such reason(s); agrees to keep such information strictly confidential, if released by the Chair and the Selection Committee; and, acknowledges and agrees that the results of the referendum and/or the evaluation may be released to the trial courts and/or appellate court nominating commission.

            Section 10.    Duties of the President Relating to Other Judicial Candidates.  The President of the Association shall:

                        (a)            Announce the recommendations, if any, of the Selection Committee and the supporting rationale.

                        (b)            Transmit to the Judicial Nominating Commission appointed by the Governor or other similar body the results of the Selection Committee recommendations, the supporting rationale, and any other relevant information from the Selection Committee.

 

ARTICLE VII VIII - NOMINATIONS AND ELECTIONS:

            Section 1.      Notice.  The Committee on Nominations and Elections Board of Directors shall give reasonable notice to each member of the Association of an impending election of the Association.  In case of a general election, notice shall not be less than sixty (60) days prior to the annual meeting of the Association.

            Section 2.            Nominations.

                        (a)            The Committee on Nominations and Elections Board of Directors shall prepare a slate of nominees for such offices of President, President—Elect President-Elect, Secretary, Treasurer, and Members—at—Large Members-at-Large of the Board of Directs Directors as these By-Laws may require.  Nothing shall limit the Committee Board of Directors in the number of nominees it may name.

                        (b)            For a period of fourteen (14) days after the Nominating committee has mailed Board of Directors has provided the slate of nominees to the membership, the Committee Board of Directors shall receive additional nominations for any office by petition signed by ten (10) or more active members of the Association.

            Section 3.            Elections.  The Committee Board Of Directors shall conduct an election by confidential ballot at the annual meeting of the Association.  The procedure for the confidential ballot shall be determined by the Committee Board of Directors.  The results of any election shall be certified by the Committee to Board of Directors and the President, who shall announce the results at the annual meeting.

            Section 4.            Vacancy.

                        (a)            In the event any office of the Association (except the office of President or the office of President-Elect) shall become vacant, the President shall appoint with the approval of the Board of Directors an active member of the Association to complete the term of office.

                        (b)            In the event the office of the President shall become vacant, the President—Elect President-Elect shall become President in accordance with the provisions of Article III, Section 2(b) except as provided in subparagraph (c) hereof.

                        (c)            In the event the office of President-Elect shall become vacant, six (6) months or more prior to the end of the term of the President-Elect there shall be a special election for the Office of President-Elect in accordance with the provisions of Section 5 of this Article III VIII.  In the event such vacancy occurs less than six (6) months from the end of the term of the President-Elect, the President shall appoint a President-Elect to complete the balance of the term (unless there is a concurrent vacancy in the office of President and President-Elect in which case the vacancies shall be filled in accordance with Section 5 of this Article VII) VIII) and, in such event, the appointed President-Elect shall not succeed to the office of President upon the end of such term and the Office of President and President—Elect President-Elect shall be filled at the end of such term by election in accordance with this Article VII VIII.

            Section 5.      Special Election.  In the event a vacancy occurs (i)(a) concurrently in both the office of the President and the office of President—Elect President-Elect or (ii)(b) in the office of President—Elect President-Elect under the circumstances described in Section 4(c) requiring a special election, a special election for such offices or office shall be held.  The Selection Committee shall submit its own nominations and shall give a 14-day notice for nominating petitions to be filed with the Selection Committee and 30 thirty (30) days thereafter, the Selection Committee shall conduct the election by confidential ballot at a specially called meeting.

 

ARTICLE VIII IX - MISCELLANEOUS PROVISIONS:

            Section 1.            Parliamentary Procedure.  Roberts Rules of Order, as last revised, shall establish the parliamentary procedure for all Association and committee meetings.

            Section 2.      Fiscal Year.  The fiscal year of the Association shall begin on the first day of July each year and end on the 30th day of June June 30 of the following calendar year.

            Section 3.            Amendments.  These By-Laws and the Articles of Incorporation may be amended, repealed, or altered in whole or in part by a vote of two-thirds (2/3)(K) of the active members present at any duly organized meeting of the Association, provided that the proposed change shall be mailed provided to the last recorded address of each active member, in writing or electronically, at least ten (10) days before the time of such meeting.