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Bylaws

Litigation Section Bylaws

Bylaws - Litigation Section, Utah State Bar

ARTICLE I

Identification

1.1 Creation. The Litigation Section of the Utah State Bar (the “Section’) was established pursuant to Article X, Section I of the By-Laws of the Utah State Bar (the “Bar”) to accomplish the purposes set forth therein.

1.2 Purpose. The purpose of the Section shall be to seek the participation of all interested members of the Bar and of local bar associations in order to:

(1) provide the opportunity and forum for the interchange of ideas in the area of litigation by sponsoring various programs and seminars and other forms of continuing legal education;

(2) assist the judiciary in litigation-related projects and issues;

(3) undertake such other services or projects as may be of benefit to the members, the legal profession and the public;

(4) promote the sound development of ethical and professional litigation practices and procedures;

1.3 Limitations. These By-Laws have been adopted subject to applicable Utah statutes and the By-Laws of the Bar.

1.4 Office. The principal office of the Section shall be maintained in the offices of the Bar. The operating office of the Section shall be that of the Chair during his/her term of office.

1.5 Fiscal Year. The fiscal year of the Section shall coincide with that of the Utah State Bar.

ARTICLE 2

Membership

2.1 Enrollment. Any member in good standing of the Bar may be enrolled as a member of the Section by notifying the Bar of such desire and by the payment in advance of annual Section dues in the amount approved by the Executive Committee of the Section and the Board of Commissioners of the Utah State Bar. Any paralegal or legal assistant employed by a member of the Section and any law student enrolled in an accredited law school in Utah may be enrolled as an affiliate member of the Section by notifying the Bar and by the payment in advance of annual Section dues.

2.2 Membership. Members enrolled as provided in Section 2.1 shall constitute the Membership of the Section. Affiliate members are entitled to all benefits of members except they cannot serve as officers or on the Executive Committee.

2.3 Dues. Dues in the amount approved by the Executive Committee and the Board of Commissioners of the Bar shall be paid annually in advance; provided, however, that additional monies may be raised by the Executive Committee as needed to operate the Section.

ARTICLE 3

Meetings of the Section’s Membership

3.1 Annual Meeting. Based on the size of the Section, the Section’s business will be conducted by the Executive Committee. The Executive Committee shall designate the time and place of an annual meeting of the Section’s membership, and shall provide at least 15 days’ notice of such annual meeting via e-mail or other means, at which time (a) an election of officers by a majority of those present at the annual meeting will take place, and (b) nominations may be accepted for the appointment of new members to the Executive Committee.

3.2 Special Meetings. Special meetings of the Section Membership may be called by the Chair at such time and place as the Executive Committee may determine. Reasonable notice of any such meeting shall be given to the Membership.

ARTICLE 4

The Executive Committee

4.1 Powers. The Executive Committee shall be vested with the powers and duties necessary for the administration of the affairs of the Section.

4.2 Composition. The Executive Committee shall be composed of the Officers of the Section, and additional Section members as selected and approved by the Executive Committee. The Executive Committee shall seek at least one sitting judge in the State or Federal Court systems and members practicing outside Salt Lake County for inclusion on the Executive Committee.

4.3 Term of Service. The initial term of service for members of the Executive Committee is two years. Members of the Executive Committee may continue serving until their resignation. If more than twenty members of the Executive Committee regularly participate in the meetings and contribute to the activities of the Section, members of the Executive Committee with the lowest levels of participation or the longest service on the Executive Committee may be encouraged to resign, to provide opportunities for other members to participate in the Executive Committee.

4.4 Eligibility for Membership. Any member of the Section is eligible to be a member of the Executive Committee. However, no person shall be eligible for nomination or election as an Officer of the Section unless he or she has been a member of the Executive Committee for the preceding two years. Members appointed to special projects committees shall serve until the special project is completed or for a term defined by the Executive Committee.

4.5 Controlling Vote. Action of the Executive Committee shall be by majority vote of the Executive Committee. A member of the Executive Committee may vote by written proxy by instructing the Secretary in writing of the manner in which such vote is to be cast. If an action requires approval by the Executive Committee before the next scheduled meeting, the voting can be conducted by electronic mail. Approval by a majority of those responding will be counted as approval of the proposal. If an action needs to be taken by the chair or officers when it is impractical to get a vote from members of the Executive Committee, a majority of the officers may take action and seek ratification from the Executive Committee at its next meeting, provided that the action does not involve an expenditure of more than $2,000.

4.6 Meetings. The Executive Committee shall hold regular and special meetings at the time and place as may be designated by the Chair or by any officer of the Section.

4.7 Political and Other Public Positions. Political and other public positions of the Section may be authorized by affirmative vote of the Executive Committee and in compliance with the Bar’s policies. See generally Utah Bar Commission Bylaw G.10.

4.8 Committees. The Executive Committee may authorize the Chair to appoint or terminate committees comprised of Section members to perform such duties and exercise such powers as the Executive Committee may direct, subject to the limitations of these By-Laws and the By-Laws of the Utah State Bar. Members of special committees shall be appointed by the Chair subject to the approval of the Executive Committee.

4.9 Vacancies. The Executive Committee may fill vacancies in its own membership or in the offices of Chair-Elect, Secretary, or Treasurer, and, in the event of a vacancy in both the office of Chair and Chair-Elect, then in the office of Chair. Members of the Committee and officers so selected shall serve until the next elections.

4.10 Business of the Executive Committee. The Executive Committee shall be responsible for the operation and administration of the Section.

ARTICLE 5

Officers

5.1 Officers. The officers of the Section shall be the Chair, the Chair-Elect, the Secretary, and the Treasurer.

5.2 Chair. The Chair shall preside at all meetings of the Section and of the Executive Committee. The Chair may appoint committees to perform such duties and exercise such powers as the Executive Committee may direct. The Chair shall perform such other duties as usually pertain to or are required by this office, or as may be delegated by the Executive Committee.

5.3 Chair-Elect. In the absence of the Chair, the Chair-Elect shall perform the duties of the Chair. Upon the death, resignation or during the disability of the Chair, or upon his/her refusal to act, the Chair-Elect shall perform the duties of the Chair for the remainder of the Chair’s term except in case of the Chair’s disability and then only during so much of the term as the disability continues. The Chair-Elect shall also serve as the Section’s representative on the Bar’s Government Relations Committee, unless the Executive Committee designates another representative in the place of the Chair-Elect.

5.4 Secretary. The Secretary shall be the custodian of all books, papers, and documents of the Section. The Secretary shall keep a true record of proceedings of all meetings of the Section and of the Executive Committee, whether assembled or action under submission. In conjunction with the Chair and as authorized by the Executive Committee, the Secretary shall attend generally to the business of the Section.

5.5 Treasurer. The Treasurer shall keep a true record of all accounts, income, and expenditures of the Section and shall be the custodian of all property and assets of the Section. In conjunction with the Chair and other officers of the Section, the Treasurer shall attend generally to the business of the Section. The positions as Secretary and Treasurer may be held by the same person.

ARTICLE 6

Elections of Officers

6.1 Elective Offices. Each year the Section shall elect a Chair-Elect, a Secretary, and a Treasurer to serve one-year terms. The election shall be conducted at an annual meeting, as described in Section 3.1, above.

6.2 Chair and Chair-Elect. The Chair-Elect shall automatically succeed to the office of the Chair. In the event the office of Chair-Elect shall be vacant at the end of a Chair’s term, then a new Chair shall be elected in the same manner as set forth in Section 6.1 hereinabove. The Chair shall serve on the Executive Committee as Past-Chair for a period of one year following service as the Chair.

6.3 Voting. All elections shall be by acclamation or show of hands. Voting may also be conducted by e-mail.

6.4 Term of Office. The term of office shall begin July 1 following election and shall end on the following June 30.

6.5 Eligibility for Officer Position. A person must be a member of the Executive Committee for at least two years before he or she is eligible to run for election as an Officer.

ARTICLE 7

Amendments

These By-Laws may be amended at any meeting of the Executive Committee by a majority vote of the members of the Executive Committee present and voting, provided that no amendment so adopted shall become effective until approved by the Board of Commissioners of the Utah State Bar.

ARTICLE 8

Miscellaneous

8.1 Approval of Expenditures. All bills incurred by the Section, before being forwarded to the Utah State Bar of payment, shall be approved by the Chair or the Chair’s designee.

8.2 No Compensation for Service. No salary or compensation shall be paid to any officer or member of a committee.

8.3 Committee Actions. Any action approved and proposed by a committee of the Section must be approved by the Executive Committee, before the same becomes effective as the action of the Section, unless such committee action is otherwise authorized pursuant to an existing resolution. Any action by this Section must be approved by the Utah State Bar before the same becomes effective as the action of the Utah State Bar. Any resolution adopted or action taken by this Section may on request of the Section be reported by the Chair of the Section to the Annual Meeting of the Utah State Bar for the Bar’s action thereon.

Adopted by the section membership at a meeting of the Section held ______________.

Sammi Anderson, Secretary

Approved by the Board of Commissioners of the Utah State Bar, [__________]