| CHESTERFIELD COUNTY BAR ASSOCIATION BY-LAWS Adopted:
January 8, 1985 Amended: March 26 ,2010 ARTICLE I NAME AND PURPOSE Section 1.01. Name The Association shall be known as the Chesterfield County Bar Association (the "Association"). Section 1.02. Purpose The Association shall be a voluntary bar association for members of the legal profession and shall conduct its business: to facilitate the administration of justice; to promote legal and judicial reforms; to preserve the highest standards of integrity, dignity, honor and courtesy among members of the legal profession; to establish and maintain an appropriate liaison with the judiciary and other bar associations; to cultivate and advance the cause of jurisprudence; and to cultivate and promote the spirit of camaraderie and good fellowship among its members. ARTICLE II MEMBERS Section 2.01. Eligibility for Membership Any person who (1) is licensed to practice law in Virginia and (2a) either lives within the limits of Chesterfield County or (b) maintains a substantial portion of his or her law practice in Chesterfield County, Virginia for the performance of services as an attorney at law, or (c) lives in an area of Chesterfield County, which was subsequently annexed by the City of Richmond, provided the person has continued as an active Member of the Association since the annexation, or (d) lives within the limits of the City of Colonial Heights or maintains his or her principal office in the City of Colonial Heights for the performance of services as an attorney at law and as of September 26, 2002 was a member of the Chesterfield-Colonial Heights Bar Association, provided said person continues as an active member of the Association from September 26, 2002 forward, shall be eligible for membership. Section 2.02. Admission to Membership No person shall become a member of the Association unless and until he shall have (1) made written application for membership in a form approved by the Committee on Admissions to the Secretary/Treasurer, (2) been recommended by the Committee on Admissions, and (3) been elected by vote of the Association. A concurring vote of four-fifths of the members present at any meeting shall be necessary for the election of any person as a member. Any person so recommended and elected shall become a member in good standing of the Association immediately upon the happening of the following: payment of (a) an admission fee of $10.00, (b) all dues for the present fiscal year, and (c) all dues, if any, that may then remain payable by him to the Association on account of prior membership. Section 2.03. Dues The amount of dues for the Association shall be fixed by the Executive Committee not later than June 30 of each year for the upcoming fiscal year. Dues shall be payable by each member in respect of each year beginning on the 1st day of July and ending on the 30th day of June or any fractional part of such year in which he or she is a member. Such dues shall be payable in advance on the 1st day of July of each fiscal year. For the period January 1, 1995 through June 30, 1995, the dues paid by members shall be prorated such that payments made in January, 1995 for calendar year 1995 shall be applied against the interim period. Dues from the fiscal year beginning July 1, 1995 shall be determined as herein above set forth with a credit to each member (as determined by the Executive Committee) for the dues applicable to the second half of the 1995 calendar year. Section 2.04. Termination of Membership Any member who ceases for any reason other than election to a non-judicial public office to be eligible for admission to membership under the provisions of Section 2.01 shall thereupon automatically cease to be a member. The exception provided in the next preceding sentence as to members elected to non-judicial public office shall terminate upon the termination of such member’s occupation of such public office. Any member of the Association who shall be in arrears in the payment of membership dues to the Association on the last day of June of any year shall thereupon automatically lose all privileges of membership. The Secretary/ Treasurer shall mail a notice of the effect of this paragraph not later than the 15th day of June and not earlier than the 15th day of May in each year to all members who shall be in arrears in the payment of dues on the date of such mailing. Payment of all arrearages shall restore all privileges to the delinquent member. Section 2.05. Suspension and Expulsion Any member may be suspended or expelled for unprofessional conduct by concurring vote of three-fourths of the members present at any regular or called meeting, provided such suspension or expulsion has been recommended by the Executive Committee. The Secretary/Treasurer shall promptly mail to the affected member a notice of any such action by the Association. Section 2.06 Resignations Any member may resign at any time by delivering to the Secretary/Treasurer a written notice thereof, together with payment for all dues owing from any such member to the Association through the then current fiscal year. ARTICLE III OFFICERS Section 3.01. General The officers of the Association shall be a President, a President Elect, one Vice-President, a Secretary/Treasurer and the Immediate Past President of the Association. Except as hereinafter provided for the Secretary/Treasurer, the officers shall serve without compensation. Section 3.02. President The President shall be the chief executive officer of the Association, and as such consistent with the By-Laws and subject to the action of the Executive Committee, shall generally supervise the management of the affairs of the Association. He or she shall appoint the members of, designate the chairmen of, and fill vacancies in all committees except as otherwise herein provided. Section 3.03. President Elect and Vice-President. The President Elect and the Vice-President shall perform such duties as may be assigned to them by the President or by the Executive Committee consistent with the By-Laws. Section 3.04. Secretary/Treasurer The office of Secretary/Treasurer shall be filled by one person, who shall receive as compensation a commission of ten per centum of the gross amount of admission fees and membership dues which shall be collected by such office. The Secretary/Treasurer shall perform the duties and exercise the powers customarily incident to those offices and in addition thereto such others as may from time to time be assigned by the President, including, but not limited to: (1) Serving as custodian of the minutes and records of the Association. (2) Keeping at all times a complete roll of the members and having such roll available at all meetings of the Association; such roll being the sole and conclusive proof of membership. (3) Issuing notices of all meeting of the Association, making a record of all proceedings at such meetings, sending to all persons who shall have been elected to membership a notice of such election, and giving notice of any changes in the By-Laws as hereinafter provided. (4) Collecting and, subject to the direction of the Executive Committee, disbursing all funds of the Association. The Secretary/Treasurer shall have the power to sign checks on behalf of the Association. All Association books and accounts shall be open to inspection at any time by any officer of the Association, any member of the Executive Committee, or any auditors appointed by the President. (5) Submitting at each regular meeting of the Association a Treasurer’s report of all current receipts and disbursements, and all obligations currently outstanding, with any comments as to current and prospective future financial position deemed informative. During the absence of the Secretary/ Treasurer, the President shall have the authority to appoint a member of the Association as Acting Secretary/Treasurer to perform such duties as may be required. Section 3.05. Eligibility No person shall be eligible for election as an officer except a member of the Association, and no person who occupies or has occupied the office of President, President Elect or Vice-President shall be eligible for re-election to such office until one year after the expiration of his or her term in such office. Section 3.06 Elections Candidates for office shall be nominated at the annual meeting by any members without limit on the number of candidates that may be nominated; no nomination shall be considered unless it be seconded; and no nominating or seconding speeches shall be permitted. When by majority vote of the members present at the annual meeting the nominations shall have been closed, then if there be only one candidate nominated for any office, the chairman shall declare such candidate elected; and if there be more than one candidate nominated for nay office, an election shall be held by written ballot. If no candidate receives a majority of the votes cast on the first ballot, a second ballot shall be taken. Only the two candidates receiving the most votes on the first ballot shall be considered on the second ballot. Section 3.07. Terms of Office The term of every officer shall begin as of July 1st of the next succeeding year after the adjournment of the meeting at which he or she was elected, and shall continue through June 30th of the next succeeding year in which the term commenced or until his or her respective successor is elected and qualified. Section 3.08. Vacancies. In the event that any disability on the part of the President to act shall be determined by the Executive Committee, the President Elect shall exercise the powers and perform the duties of the President until such disability be removed or a successor President be elected and qualified. In the event that any disability on the part of any other officer to act shall be determined by the Executive Committee, the powers and duties of such officer shall be exercised and performed by any member appointed by the Executive Committee until such disability is removed or a substitute or successor officer be elected and qualified. Except as herein above set forth, vacancies shall be filled by the Executive Committee. ARTICLE IV COMMITTEES Section 4.01. Executive Committee There shall be an Executive Committee consisting of not less than eight members of the Association. The President, President Elect, two Vice-Presidents, Secretary/Treasurer, Programs Director, Newsletter/Website Editor and Immediate Past President shall be members of such committee and the President shall be its chairman. Between meetings of the Association, the Executive Committee shall be the governing body of the Association with power to give directions to all officers and committees, act for the Association, manage its affairs, make appropriations of its funds, and establish such regulations as it may deem advisable. Three members of the Executive Committee personally present shall constitute a quorum for any meeting. Section 4.02. Committees There shall be the following standing committees of the Association: Judiciary Committee; Bench Bar Liaison, Programs, and Admissions. Each committee shall consist of a chairman who shall be appointed by the President each year immediately after his or her election to office. Subject to the approval of the Executive Committee, each chairman so appointed shall designate the remaining members of his or her committee. Each committee shall report to the Association at each regular and called meeting of any action taken by it subsequent to the last meeting. Section 4.03. Other Committees The President shall have the power to create such other committees, of such number of members and with such powers and duties consistent herewith as he or she may deem advisable, but unless otherwise ordered by the Association or the Executive Committee, no such committee shall continue beyond the duration of the then current President’s term. Section 4.04. Expenses No committee except the Executive Committee shall have power to incur any expenses, indebtedness or obligation for the Association, except with the approval of the Association or the Executive Committee. ARTICLE V MEETINGS OF THE ASSOCIATION Section 5.01. Dates of Meetings Effective as of January 1, 1996, the annual meeting of the Association shall be held during the month of May. In addition to the annual meeting, there shall be one meeting every quarter thereafter in order to promote generally this Association and to discuss any matters which may require attention by this Association. Special meetings may be called at any time by the Executive Committee and shall be so called upon written request of five members. At special meetings no business shall be transacted except such as may be indicated in the notice therefore. Section 5.02. Notices Written, facsimile or electronic notice of each meeting of the Association shall be mailed/sent by the Secretary/Treasurer, or his/her designee, to every member of the Association not less than ten (10) days and not more than thirty (30) days before such meeting. Such notice shall be sent to the latest electronic address, facsimile number or mailing address of each such member as the same appears on the membership roll. Any notice required by this Section shall state the date, time and place of the meeting and shall also state the purpose or purposes for which the meeting is called. Timely notice is published in the Chesterfield County Bar Association Newsletters which otherwise fulfill the requirements of this Section and shall constitute compliance with this Section. A member’s attendance at a meeting waives objection to: (1) lack of notice or defective notice of the meeting, unless at the beginning of the meeting he or she objects to holding the meeting or transacting business at the meeting, and (2) consideration of a particular matter at the meeting is not within the purpose or purposes described in the notice of the meeting unless, he or she objects to considering the matter when it is presented. Notice of any meeting may be waived before or after the date or time of the meeting by a writing signed by the member entitled to notice and delivered to the Secretary/Treasurer for inclusion in the minutes of the meeting or filing with the records of the Association. Section 5.03. Quorum Twelve (12) members of the Association personally present shall constitute a quorum for any meeting. Section 5.04. Voting Power No person shall vote at any meeting except a member of the Association personally present and in good standing as of the date of the notice of the meeting, but all such members so present may vote on any matter. Section 5.05. Chairman The President shall preside at all meetings of the Association and, in his or her absence, the President Elect shall preside; and if both be absent, such person as may be elected by the members to chair the meeting. The Secretary/Treasurer shall act as the secretary of the meeting. In the event the Secretary/Treasurer shall act as the secretary of the meeting. IN the event the Secretary/Treasurer shall be absent, the Chairman shall appoint a member of the Association to act as the Secretary. The Chairman shall conduct all meetings impartially in accordance with the provisions of the By-Laws, and shall apply the text of the then latest edition of "Roberts’ Rules of Order" (or as traditionally applied in the Association) to any case not provided for herein. ARTICLE VI JUDICIARY COMMITTEE Section 6.01. The Policy The Association shall recommend and support for judicial office those persons who by their character, temperament and professional aptitude and experiences have demonstrated their special qualifications for judicial office, and shall not recommend or support the selection for judicial office those persons who do not possess these qualifications. The Association shall actively encourage those persons most qualified for judicial office to agree to accept appointment. The Association shall also in its endorsement and support of a candidate(s) that it recommends for judicial office, seek to prevent political considerations from outweighing fitness in the selection process of the electing or appointing authority. Section 6.02. The Committee A. The Committee shall be concerned with the selection of judges for all courts, state and federal, in the Richmond, Virginia area, and including any political subdivision contiguous thereto. B. Judiciary Committee (Committee) shall be comprised of six (6) members of the Association. C. The members of the Committee shall be appointed by the President of the Association and insofar as possible, such appointments shall represent a broad cross section of the members, consisting of persons of recognized standing, judgment and independence. D. Any appointments of the members to the Committee shall be made at the commencement of each President’s term. The terms of the members of the Committee shall be three (3) years, but such terms shall be staggered so that two (2) members shall be appointed annually. Of the members to be appointed initially, two (2) shall be appointed for three year terms, two (2) for two year terms and two (2) for one year terms. If the President is seeking a judicial position, then the appointments shall be passed to the next ranking member of the Executive Committee, not seeking judicial office. E. The Chairperson of the Committee shall be elected by the Committee and shall serve for a term of one (1) year. Other than the initial year of formation, no member shall be elected Chairperson who has not served as a member of the Committee for at least one (1) full year prior to the beginning of his/her term as Chairperson. F. Four (4) members of the Committee shall constitute a quorum. G. Vacancies on the Committee shall be filled by appointment by the President of the Association as provided in (b) above, unless the President is seeking a judicial position. In that case, the next ranking member of the Executive Committee who is not seeking judicial office shall make the appointments as provided in (b) above. H. No member of the Committee shall be eligible for reappointment to the Committee until after a lapse of one (1) year from the expiration of his or her term. I. No person shall be appointed to the Committee who, at the time of such appointment, is being considered for judicial office. Any member of the Committee who authorizes the Committee to consider his or her qualifications for judicial office shall forthwith cease to be a member of the Committee and shall be ineligible for appointment to the Committee for a period of two (2) years thereafter. J. Any member of the Committee may be removed by the affirmative vote of two thirds (2/3) of the members of the Executive Committee for violating any of the duties specified in Section 6.02. Such Committee member whose removal is sought shall first be given a hearing by the Executive Committee upon thirty (30) days written notice thereof, setting forth the violation alleged. Section 6.03. Member’s Duty of Fidelity A. No member of the Committee shall make any advance commitment concerning how he/she will vote at any Committee meeting concerning the qualifications of any person to be considered by the Committee. B. Except as herein otherwise provided the discussions at the Committee meetings pertaining to the qualifications of persons to be considered by the Committee shall be completely confidential. No member of the Committee shall disclose to anyone who is not a member of the Committee any action taken by the Committee or any statement made at a Committee meeting, or any materials pertaining to the qualifications of any person whose name has been submitted to, or has been considered by, the Committee. C. It shall be regarded as a violation of the duty of fidelity that a member owes to the other members of the Committee, and to the public trust he undertakes upon becoming a member of the Committee, for any member to make a commitment or disclosure in violation of this section or to fail to participate fully in all deliberations of the Committee, including appearance at all meetings. Any member who makes such a commitment, disclosure or failure shall be subject to removal as a member of the Committee by the Executive Committee. D. Notwithstanding the above, it shall be regarded as a conflict of interest for any member of the Committee to participate in the judicial selection process for any vacancy for which a relative or a member of the same office is a candidate. In such cases, the Committee member shall recuse him or herself. Section 6.04. Minimum Vote Required The Committee shall take no action recommending or approving any person for judicial office without the affirmative vote of a majority of the members eligible to participate.
Section 6.05. Procedure for Recommending Candidates A. Whenever a vacancy exists, or is about to occur, in any of the courts specified in Section 6.02 (A), the Committee by notification to all members of the Association, shall advise the bench, the Bar and the public of the vacancy, and shall invite suggestions of names of qualified persons to be considered by the Committee. The Committee shall also actively encourage persons believed by the Committee to possess the requisite special qualifications for judicial office to agree to have their names submitted and to accept appointment if tendered. No person shall be recommended by the Committee unless the Committee shall have received such person’s assurance that he/she will accept the appointment if tendered. B. The Committee shall investigate the background, experience and other qualifications of each person under consideration for a judicial vacancy. Candidates shall submit a resume and a statement detailing their qualifications for consideration by the Judiciary Committee. Such statement shall not exceed one side of one page. The Committee shall interview each such person. Such interviews by the Committee may conducted in concert with any other voluntary bar association in the Richmond area. In the event such interviews are held in collaboration with other bar associations, the members of the Committee may share with and receive from the committee members of the appropriate committee of such other participating voluntary bar associations all nominations, investigatory materials and related written materials, any submissions by a candidate and comments received from members of the Bar or the public. In the event that such cooperative interviews are conducted, all deliberations of the Committee shall be done in a closed session of the Committee membership. The Committee shall carefully consider whether or not each person under consideration possesses the qualities prescribed in Section 6.01 hereof, and after a closed meeting of the Committee at which opportunity is given for full and open discussion, the Committee shall determine whether each such person is so qualified. The Committee shall make a determination of whether each candidate is qualified, highly qualified or not qualified for the subject judicial office. The Committee shall then furnish a confidential written report to the President of the Association, or in the event of his/her absence or disqualification, the officer acting as President, which shall set forth the findings of the Committee, to include either the identity of those persons, if any, recommended by the Committee to the Association as highly qualified to fill the subject judicial office, or certification of the fact that it did not find any person qualified for endorsement. C. The Committee shall make every effort to meet and make its report and recommendations promptly after a vacancy is announced. Any material considered by the Committee shall be maintained by the Chairperson for one year and then shall be destroyed. Section 6.06- Results of Nomination. The President of the Association, or the officer acting as President, shall, upon receiving the Committee’s report, promptly call a meeting of the Executive Committee for reviewing and approving the Committee’s determination. Upon approval by the Executive Committee of the Judicial Committee’s recommendation(s) of endorsed candidates, the President of the Association shall certify to the electing or appointing authority and any such persons or organizations deemed appropriate by the President, the names of the endorsed candidates together with any comments the Executive Committee deems appropriate and the Association’s request that the vacancy under consideration be filled by a candidate on the list. Those persons whose qualifications were considered by the Committee shall be notified by the President or the Chairperson of the recommendations for endorsement made by the Committee and any additional comments of the Executive Committee. ARTICLE VII CANONS OF ETHICS Section 7.01. Canons of Ethics The Virginia Code of Professional Responsibility sets out in the Rules of the Supreme Court of Appeals of Virginia for the integration of the Virginia State Bar, in effect on January 1, 1984, and as have been, from time to time, thereafter amended. The Virginia Code of Professional Responsibility is hereby adopted and prescribed as the Canons of Ethics of the Association and, as such, is made a part of these By-Laws. ARTICLE VIII AMENDMENTS Section 8.01. Amendments These By-Laws, or any part hereof, may be amended, added to or repealed by a two-thirds vote of any meeting, provided that the text of such amendment or addition, or of a substitute in case of repeal, shall have been proposed as hereinafter provided, and such text or a fair summary thereof shall have been set forth in the notice for such meeting. Such proposals may be made at any time by a vote of a majority of all members of the Executive Committee or by a petition signed by at least five members of the Association and, when such a proposal is so made, the Secretary/Treasurer shall include its text or a fair summary thereof as above provided in the notice for the next ensuing meeting of the Association. When any proposal shall have been adopted, the Secretary/Treasurer shall state such fact in, and set forth the text thereof or a fair summary of the same in the notice for the next ensuing meeting of the Association. |
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