OF
THE
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 3451 Courthouse
Drive, District Court Multi-Service Center, Ellicott City, Maryland 21043 or at
such other location as the Board of Directors shall determine.
Section 3.
Seal. The
seal of the 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
“MARYLAND”.
Section 4.
Fiscal Year. The
fiscal year of the Association shall be from July 1 to June 30 of the
following calendar year.
ARTICLE
II - MEMBERSHIP AND MEMBERSHIP MEETINGS
Section 1.
Classes of Membership.
This shall be a non-stock, membership corporation established in
accordance with the applicable provisions of the Maryland General
Corporation Law. Membership
in 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 the Association, a person shall (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 (b) shall
maintain in the State of Maryland, a principal office (which is defined
as that place where that person spends three (3) or more days each
working week [Monday through Friday] during ordinary business hours), 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 the Association, a
person shall be (a) a law clerk for a judge, governmental office, or law
firm or attorney and working in Howard County, Maryland; (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 (c) a 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 the Association, an
attorney must have been a former member of 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 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 the Association shall be made on
the forms prescribed by the Association and submitted to the 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 (½) of the annual dues.
(d)
The application, upon receipt, shall be reviewed by the Board of
Directors for conformity with the provisions of this Article.
The 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 of any lawyer
referral service operated by the Association for the benefit of Howard
County residents, unless such associate member belongs to another bar
association which grants reciprocal privileges to active members of the
Association.
(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
of any lawyer referral service operated by the Association for the
benefit of Howard County residents.
(d)
Annual Review of Membership.
Each member, whether active, associate, honorary or inactive, 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 Board of Directors
relative to the classification of the member.
Section 9.
Expulsion and Suspension.
(a)
Disbarment by any State or Federal Court shall automatically
terminate membership in the Association.
(b)
Any member may be suspended or expelled for professional
misconduct or a breach of professional duties upon a two-thirds (2/3)
vote of the membership following a hearing and a finding by the 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 the Association after
reinstatement to practice in all jurisdictions from which such member
was previously disbarred. If
the expulsion from 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 as the Board
of Directors may by notice to the membership determine.
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 III of these By-Laws.
(c)
Special meetings shall be called at any time upon request by the
President, by the Board of Directors, or by the President upon written
request of 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 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 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 may be as follows at 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 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.
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 and Secretary.
The said officers of the Association together with the Immediate
Past President and six (6) members-at-large shall constitute the Board
of Directors of the Association. The
term of office of each officer and director shall commence immediately
upon his or her election or, in the case of the President, following the
succession of the President-Elect to such office.
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 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,
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.
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.
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 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)
Personal Injury
(m) Business
Law
Section 2.
Each section may establish its own rules or by-laws, subject to
approval by resolution of the Board of Directors.
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 the Association to:
(a)
Encourage the candidacy of well‑qualified persons for
judicial office;
(b)
Promote, support, and endorse such candidates during the process
of selection;
(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 “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 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 shall be composed of twelve (12) members,
all of whom shall serve for one three-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 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 three (3) 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 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 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 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, 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.
(i)
The Selection Committee shall develop and distribute an
appropriate application form.
(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.
(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 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
VIII - NOMINATIONS AND ELECTIONS
Section 1.
Notice. The
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 Board of Directors shall prepare a slate of nominees for such
offices of President, President-Elect, Secretary, Treasurer, and
Members-at-Large of the Board of Directors as these By-Laws may require.
Nothing shall limit the Board of Directors in the number of
nominees it may name.
(b)
For a period of fourteen (14) days after the Board of Directors
has provided the slate of nominees to the membership, the 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.