BYLAWS
OF
FOURTEENTH JUDICIAL DISTRICT BAR
ARTICLE I
Names and Objectives
1. NAME. The name of this association is the
Fourteenth Judicial District Bar.
2. OBJECTIVES. The objectives of this Bar
shall be to meet the statutory requirements for the Fourteenth Judicial
District Bar as well as to comply with any rules or regulations promulgated by
the North Carolina State Bar or requests made by the North Carolina State Bar
and to fulfill such civic and legal responsibilities as are appropriate for a
division of the Statutory Bar.
ARTICLE II
Memberships and Dues
Section 1. MEMBERSHIP. The Bar's membership
shall consist of two classes: active and inactive.
The active membership shall consist of those active members
of the North Carolina State Bar pursuant to N.C. G. S. § 84‑16 who reside
in the Fourteenth Judicial District or who practice in the Fourteenth Judicial
District and who have filed a statement in writing pursuant to N. C. G. S. § 84‑16
that they desire to vote in the Fourteenth Judicial District.
The
inactive membership shall consist of those inactive members of the North
Carolina State Bar pursuant to N.C.G.S. §84‑16 who have been granted
petition for such status by the Council of the North Carolina State Bar and who
have notified the District Bar of their residence or affiliation with said
District Bar.
The
active members may be required to pay dues and shall have the right to vote and
to be elected to office.
Section 2. FEES. There shall be such annual
fees for active membership in the Fourteenth Judicial District Bar as may be
set by a majority vote of the membership present at the Annual Meeting. An
additional service charge shall be assessed against each member who has not
paid the required fees before the end of the fiscal year, the amount of which
shall be set by the Board of Directors and shall not exceed the annual fee.
Section 3. EXPULSION F ROM MEMBERSHIP. Any
member suspended or disbarred by the North Carolina State Bar or who has
otherwise surrendered or been deprived of his or her license to practice law in
North Carolina shall immediately and automatically thereby be correspondingly
suspended or disbarred from this Bar and shall be reinstated as a member of
this Bar only if and when reinstated by the North Carolina State Bar.
ARTICLE III
Board of Directors
Section 1. NUMBER. The Bar's affairs shall be
managed by a Board of Directors composed of fourteen (14) voting members who
shall be the President, the First Vice President, the Second Vice President,
the Secretary, the Treasurer and eight (8) at large members of the Board of
Directors, along with the immediate past President who shall serve one term as
a voting ex officio member of the Board. The Fourteenth Judicial District Bar
Councilors shall serve as non‑voting ex officio members of the Board.
Section 2. TERMS. The term of each Director
shall be one year beginning on July I of the year following his/her election or
appointment.
Section 3. POWERS. The Board of Directors
shall be the Bar's governing body subject only to the control of the membership
of the Bar as a whole at any annual or special meeting.
Section 4. MEETINGS – TIME AND PLACE. All
meetings of the Board of Directors shall be held at such place(s) and at such
lime(s) as shall be designated in the notice of meeting or agreed upon by a
majority of the Directors.
Section 5. REGULAR MEETINGS. The Board shall
meet at least quarterly.
Section 6. SPECIAL MEETINGS. Special meetings
of the Board of Directors may be called upon one (1) day's prior notice to the
office of record of all Directors at any time by or at the direction of the
President, or any two Directors.
Section 7. NOTICE . Unless otherwise indicated
in the notice thereof, any and all business may be transacted at any special
meeting, except in the event a Director is to be elected at any special
meeting, the notice shall so state. Attendance by a Director at any meeting
shall constitute a waiver of notice of such meeting, excepting where a Director
attends a meeting for the express purpose of objecting to transaction of any
business because the meeting is not lawfully called.
Section 8. VOTING. Each Director of the Board
shall be entitled to one vote on each matter submitted to a vote at a meeting
of the Board of Directors. Voting on all matters shall be by voice vote or by
show of hand unless more than one‑half of the Directors present at a
meeting where there is a quorum shall demand, prior to voting on any matter, a
secret written ballot vote on that particular matter. Unless otherwise
specified herein, all decisions shall be made by majority vote.
Section 9. ACTION WITHOUT MEETING. Action
taken by a majority of Directors without a meeting is nevertheless Board
Action, if written consent to the action in question is signed by all the
Directors and filed with the minutes of the proceedings of the Board, whether
done before or after action so taken, or if approved at the next regular
meeting of the Board.
Section 10. MINUTES. The Secretary shall keep
and maintain regular minutes of all proceedings of the Board of Directors.
Section 11. QUORUM. A quorum for any meeting
shall consist of four (4) members of the Board present at any duly called
meeting.
Section 12. VACANCIES. In the event of a vacancy
on the Board of Directors arising from death, a resignation, removal or
otherwise, the Board shall elect a successor to serve until the next scheduled
annual meeting of the year in which such position shall be filled by the Board;
provided, however that in the event of a vacancy in the office of President,
the First Vice President shall automatically succeed to the office of
President, and in the event of a vacancy in the office of First Vice President,
the Second Vice President shall automatically succeed to the office of First
Vice President.
Section 13. AUDIT. The Board, in its discretion,
may provide for audits of the Bar's financial records.
Section 14. FISCAL YEAR. The Bar's fiscal year
shall be July I through June 30.
ARTICLE IV
Officers
Section 1. OFFICERS. The Bar's officers shall
be a President, First Vice President, Second Vice President, Secretary and
Treasurer.
Section 2. DUTIES OF THE PRESIDENT. The
President shall be the Bar's chief executive officer and, subject to the
control of the Board of Directors, shall supervise and control the Bar's management
in accordance with these bylaws. He/She shall, when present, preside at all
meetings of the membership, and of the Board of Directors. He/She shall sign
with any other proper officer any deeds, mortgages, bonds, contracts or other
instruments which lawfully may be executed on the Bar's behalf except where
required or permitted by law otherwise to be signed and executed, and except
where the signing and execution thereof shall be delegated by the Board of
Directors to some other officer or agent. In general, he/she shall perform all
duties incident to the office of President and such other duties as may be
prescribed by the Board of Directors from time to time.
Section 3. DUTIES OF THE FIRST VICE PRESIDENT.
The First Vice President shall exercise the powers of the President during that
officer's absence or inability to act. The First Vice President shall have such
other powers and perform such other duties as may be assigned to him/her by the
Board of Directors. The First Vice President shall succeed to the presidency in
the event of a vacancy in the office of President.
Section 4. DUTIES OF THE SECOND VICE PRESIDENT.
The Second Vice President shall exercise the powers of the First Vice President
during that officer's absence or inability to act. The Second Vice President
shall have such other powers and perform such other duties as may be assigned
to him/her by the Board of Directors. The Second Vice President shall succeed
to the first vice presidency in the event of a vacancy in the office of the First
Vice President.
Section 5. DUTIES OF THE SECRETARY. The
Secretary shall keep minutes of all meetings of the Board of Directors and
minutes of the business (if any) conducted at all meetings of the Bar's
membership. He/She shall send notices to all members of the Bar's membership.
He/She shall send notices to all members of the Bar advising them of membership
meetings and notices to all members of the Board of Directors advising them of
Board meetings. He/She shall provide such reports on membership as may be
required by the President or the Board. In general, he/she shall. perform all
duties and possess all authority incident to the office of Secretary and shall
perform such other duties and have such other authority as may be assigned to
him/her from time to time by the Board of Directors.
Section 6. DUTIES OF THE TREASURER. The
Treasurer shall have and maintain supervision over the Bar's funds, receipts
and disbursements and shall maintain full and accurate records thereof He/She
shall collect all monies for and on the Bar's behalf He/She shall provide such
financial reports as may be required by the President or the Board. He/She
shall deliver to the incoming Treasurer all Bar financial records within
his/her custody between July I and July 15 of the year in which his/her term
expires.
Section 7. TERMS. The term of each officer
shall be one year beginning on July I of the year following his/her election or
appointment.
Section 8. OTHER DUTIES OF OFFICERS. By action
of the Board, other duties may be imposed upon any officer.
ARTICLE V
Councilors
Section 1. NUMBER . The number of Councilors
representing this Bar shall be as set by the North Carolina State Bar pursuant
to N.C.G.S. §84‑17.
Section 2. TERMS, ELECTION, AND APPOINTMENT.
The terms, election, and appointment of Bar councilors are governed by N.C.G.S.
§84‑18 and Sections .0802 and .0803 of Subchapter A of the Rules of the
North Carolina State Bar. Elections shall be held as necessary, and may be held
at the Annual Meeting of the District Bar or at a special meeting of the
District Bar called by the Board of Directors. If more than one council seat is
to be filled, separate elections shall be held for each vacant seat, although
these elections may occur on the same date. Nominations shall be made by a nine‑member
nominating committee appointed by the President with the approval of the Board
of Directors, which may be the same as or a different committee from the
Nominating Committee appointed under Article VI, Section 2 herein. Nominations
shall be made pursuant to Section .0802 of Subchapter A of the Rules of the
North Carolina State Bar. In the event of a vacancy (unexpired term of a
councilor), the office shall be filled pursuant to Section .0804 of the Rules
of the North Carolina State Bar, and the term shall be filled in accordance
with N.C.G.S. §84‑18(a).
Section 3. DUTIES. The duties of the
Councilors shall be to represent this Bar as members of the governing body of
the North Carolina State Bar and to perform all such duties and responsibilities
as may be appointed or assigned to them by the North Carolina State Bar, and to
keep this Bar informed through regular reports to the Board of Directors at its
scheduled meetings of the proceedings of the North Carolina State Bar which may
affect or be of interest to the members of this Bar.
ARTICLE VI
Election of Officers and
Directors
Section 1. ELECTIONS. At the Bar's annual
meeting in June of each year, the active members present shall proceed to elect
by majority vote a First Vice President, Second Vice President, Secretary,
Treasurer, and eight directors. The First Vice President so elected shall
succeed to the office of President for the year following his/her term as Vice
President. Names of Nominating Committee nominees for such officers and
directors shall be sent to the address of record of all active members of the
Bar by the Secretary at least seven (7) days in advance of the annual meeting
and shall be presented at such meeting. Nominations from the floor shall be
permitted. Voting shall be by show of hands unless a majority of the active
members present at the meeting shall demand, prior to voting on any matter, a
secret written ballot on that particular matter. The nominee receiving the
highest number of votes for each office shall be elected. Those eight nominees
receiving the highest number of votes as directors shall be elected. Any tie
votes shall be determined by lot.
Section 2. NOMINATING COMMITTEE. A Nominating
Committee consisting of nine (9) members of the Bar shall be named by the
President with the approval of the Board of Directors not later than April 1 of
each year preceding the annual meeting, and the names of the members of the
Nominating Committee shall be published to the members of the Bar in April. The
Nominating Committee shall make a written report of nominations, one name for
each office and Director to be elected, to the President no later than the 15th
day of May. Beginning with the first Nominating Committee to be appointed after
adoption of these Bylaws, members of the Nominating Committee shall be
ineligible to be nominated by the Committee for any position.
Section 3. OTHER NOMINATING PROCEDURE. The
Board of Directors on majority vote can suspend the requirement of a nominating
committee and request that nominees be presented from the general Bar directly
to the Board of Directors or its designee following proper notice and prior to
a general meeting of the Bar.
ARTICLE VII
Meetings ‑ Membership
Section 1. REGULAR MEETINGS. The Bar's
membership shall meet annually in June of each year on such date and at such
place as shall be designated by the Board.
Section 2. SPECIAL MEETINGS. Special meetings
may be called at any time by the President or by the Board of Directors.
Section 3. NOTICE. Notice of any meeting of
the membership shall be mailed to the address of record of each active member
no less than seven (7) days prior to each meeting. Notice of any meeting of the
membership may be done by publication in the Durham Docket or
other newsletter mailed to the general membership.
Section 4. RESOLUTIONS. Any resolution
proposed for consideration by the members of the Bar first shall be submitted
to the Board. The Board at its meeting prior to the next membership meeting
shall consider said resolution and make its recommendations to the
membership
at the next meeting of the membership. Notice of such proposed resolution shall
be given by the Secretary with notice of the next meeting of the membership.
Section 5. OUORUM. A quorum shall be those
present at any membership meeting for which proper notice was given.
ARTICLE VIII
Committees
Section 1. STANDING AND SPECIAL COMMITTEES.
The President of the Bar, with the approval of the Board of Directors, shall
have the authority to form and appoint standing or special committees to carry
out the purposes of the Bar.
Section 2. SCOPE OF COMMITTEES. Each committee
shall have cognizance of the subjects suggested by the name of the Committee
and shall make such reports as called for by the President or the Board of
Directors.
ARTICLE IX
Selection of Nominees for District
Court Judge
Section 1. NOTICE OF VACANCY.
(a) Upon being informed of a vacancy in the office of
District Court Judge, the President shall prepare a notice of same. This Notice
of Vacancy shall recite the statutory requirements for nominees (currently set
out in N.C.G.S. 7A‑142) and shall state the filing requirements for
candidates as provided below. The Notice shall state a place for filing, and a
time by which the filing must be received, which time shall not be sooner than
five (5) days following the date of the Notice of Vacancy.
(b) The Notice of Vacancy shall be mailed or otherwise
transmitted by the Secretary to each active member of the Bar at his or her
address of record.
Section 2. FILING BY CANDIDATES.
(a) Each person wishing to be considered for the vacancy
shall file as a candidate by submitting his or her name, in a writing signed by
himself or herself, to the President of the Bar at the place, and not later
than the time, specified in the Notice of Vacancy.
(b) At the time of submission of the candidate's name he or
she shall also submit in writing a brief resume and a brief statement as to his
or her qualifications for the vacancy. Such resume and statements shall be prepared
in the form, if any, specified in the Notice of Vacancy.
Section 3. VOTING.
(a)
Reasonably
promptly after the close of the filing period the Secretary shall mail or
otherwise
transmit an official ballot to each active member of record at his or her address
of
record
along with Voting Instructions for the completion and return thereof, including
a deadline for receipt of the ballots. The name of each candidate shall appear
on the ballot listed in alphabetical order. The ballot may be accompanied by or
may contain such information concerning the candidates as the President may
direct prepared on the basis of the resume and statements submitted by the
candidates.
(b) Each member may vote for up to three (3) candidates by
indicating on the ballot their preference.
(c) Each ballot to be counted shall be an official ballot
mailed, delivered, or otherwise transmitted by the voting member, to the place
specified in the Voting Instructions, and not later than the date and time
specified therein. Each ballot must bear the member's NC State Bar number.
Section 4. TABULATION.
(a) The President shall designate a committee to tabulate
the results of the balloting. Each candidate or his or her nominee may be
present at the tabulation.
(b) The ballots shall be tabulated with one (1) vote for
each individual's name marked on the ballot.
(c) The three candidates receiving the highest number of
votes shall be the nominees to fill the District Court vacancy. If any nominee
shall notify the President of a desire to withdraw his or her name from
consideration as a nominee prior to the time of transmission of the nominees'
names to the Governor, then the candidate who had received the next‑highest
number of votes shall replace the withdrawing nominee.
Section 5. TRANSMISSION OF NOMINEES. The President
shall submit the names of the nominees to the Governor reasonably promptly
after the tabulation has been completed.
Section 6. PROTESTS OR QUESTIONS OF ORDER. Any
protest or question of order shall be resolved and decided by the Board of
Directors of the Fourteenth Judicial District Bar.
ARTICLE X
Prohibited Activities
Section 1. PROHIBITED EXPENDITURES. Fourteenth
Judicial District Bar dues shall not be used for the purchase of alcoholic
beverages, gifts to public officials, including judges, charitable
contributions, recreational activities, or expenses of spouses of District Bar
members or officers, unless a spouse is employed as an executive director or
administrative assistant for the District Bar, in which instance all such
reimbursements shall be approved by the Treasurer prior to reimbursement.
However, nothing in this section shall prohibit or discourage such expenditures
by the voluntary contributions of individual District Bar members or by the
Durham County Bar Association.
Section 2. POLITICAL ENPENDITURES. The District Bar
shall not make any expenditures to fund political and ideological activities.
Section 3. POLITICAL ACTIVITIES. The District Bar
shall not engage in any political or ideological conduct or activity, including
the endorsement of candidates and the taking or advocation of positions on
political issues, referendums, bond elections, and the like. However, the
District Bar and persons speaking on its behalf may take positions or comment
on issues relating to the regulation of the legal profession and issues or
matters relating to the improvement of the quality and availability of legal
services to the general public.
ARTICLE XI
Bylaws and Amendments
Section 1. AMENDMENTS.
(a) By the Board. The Board of Directors may amend these
Bylaws by a two‑thirds (2/3) vote of the Directors present and voting at
any Director's meeting (regular or special). Any amendment so adopted shall
become effective upon its ratification by a majority vote of the active
membership of the Bar present and voting at any subsequent meeting (regular or
special) of the Bar.
(b) By the Membership. Any member may propose amendments to
these Bylaws at any membership meeting (regular or special), with or without
notice. If a majority of the active members present and voting at such meeting
favor the submission of said proposed amendment to the membership for adoption,
the Secretary shall give notice of the proposed amendment to the full active
membership, which may at any subsequent membership meeting (regular or
special) adopt the same by a two‑thirds (2/3) vote of the active
membership there present and voting.
(c) Notice Required to Amend Bylaws. The amendment or
ratification of an amendment to these Bylaws at any meeting of the Board of
Directors or membership of the Bar shall be effective only if the call for said
meeting(s) gives notice of the proposed bylaw amendment.
Section 2. SUPERSEDING NATURE OF BYLAWS. These Bylaws
supersede and replace any and all bylaws previously adopted by this Bar.
