CRIMINAL JUSTICE SECTION BY-LAWS
STATE BAR OF TEXAS
Approved by the State Bar of Texas Board of Directors on the 13th day of June, 2012.
Name and Purpose
Section 1. This Section shall be known as the Criminal Justice Section of the State Bar of Texas.
Section 2. The purpose of this Section shall be to promote the objectives of the State Bar of Texas within the field of Criminal Justice.
Section 1. Any member in good standing of the State Bar of Texas, upon request to the Secretary-Treasurer of this Section, and upon the payment of the membership dues, shall be enrolled as a member of this Section. All persons so enrolled shall constitute the membership of this Section.
Section 2. The membership dues shall be Twenty Dollars per annum ($20.00) and shall be payable concurrently with State Bar dues or no later than the deadline for the State Bar dues.
Section 3. Each member shall remain in good standing subject to the payment of dues, and if a member does not pay within 60 days after the deadline for payment of State Bar dues his/her name shall be stricken from the membership roll.
Officers and Council
Section 1. The officers of this Section shall be a Chair, Chair-Elect, Vice-Chair, Secretary and Treasurer. The officers and other members of the council shall at the time of the election equally represent the criminal defense bar, the judiciary with criminal jurisdiction and the prosecution.
Section 2. There shall be a Criminal Justice Council which shall consist of the Chair, Chair-Elect, Vice-Chair, Secretary, Treasurer and the immediate past Chair. The immediate past Chair shall be a non-voting ex officio member. There shall be nine other council members to be elected by the Section as hereinafter provided.
Section 3. The Chair, Chair-Elect, Vice-Chair, Secretary, and Treasurer shall be nominated and elected, in a manner hereinafter provided, at each annual meeting of this Section to hold office for a term beginning at the close of the annual meeting at which they shall have been elected, and ending at the close of the next succeeding annual meeting of the Section, and until their successors shall have been elected and qualified.
Section 4. At the annual meeting of the Section three members of the Council shall be nominated and elected to serve for three years: one prosecutor, one defense attorney and one member of the judiciary serving a criminal jurisdiction. (A year as herein used, means a term beginning at the close of the annual meeting of the section and ending at the close of the next succeeding annual meeting.)
Section 5. If any elected member of the Council shall fail to attend two successive meeting of the Council, without good cause as determined by the Chair, the office held by such member shall be automatically vacated, and the Council shall fill the vacancy for the unexpired term.
Section 6. Any business or vote of the Council may be transacted at a regular meeting, by e-mail and/or by conference call.
Nomination and Election of Officers and Council
Section 1. Elections. Elections shall be conducted at the annual meeting of the Section.
Section 2. Nominations. At least 60 days before the annual meeting of the Section, the Chairman shall appoint a Nominating Committee of three members of the Section, which committee shall make and report nominations to the Section for the offices of Chair-Elect, Vice-Chair, Secretary, Treasurer, and members of the Council whose terms will expire at the close of the next annual meeting, and to fill vacancies then existing for unexpired terms. The Chair-Elect will automatically succeed to the office of Chair unless that person refuses to serve, in which case the nominating committee shall also make a recommendation regarding the next Chair of the Section. At least 30 days before the date set for the election, the Council shall give notice to the entire membership of the Section of the persons nominated by the Nominating Committee. Other nomination for all offices except Chair may also be made from the floor.
Section 3. Voting. All elections shall be by majority vote of the Section members in attendance and voting at the annual meeting of the Section.
Duties of Officers
Section 1. Chair. The Chair shall preside at all meetings of the Section and of the Council. The Chair shall formulate and present at each annual meeting of the State Bar of Texas a report of the work of the Section for the preceding year. The Chair shall perform such other duties and acts as usually pertain to the office.
Section 2. Chair-Elect. The Chair-Elect, upon the death, resignation or 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 succeed to the post of Chair at the end of his/her term as Chair-Elect.
Section 3. Vice Chair. Upon the death, resignation or disability of the Chair-Elect or upon his/her refusal to act, the Vice Chair shall perform the duties of the Chair-Elect for the remainder of the Chair-Elect’s term except in case of the Chair-Elect’s disability and then only during so much of the term as the disability continues.
Section 4. Secretary. The Secretary shall be the custodian of all books, papers, documents, and other property of the Section. The Secretary shall keep a true record of the proceedings of all meetings of the Section and of the Council, whether assembled or acting under submission. With the Chair, (s)he shall prepare a summary or digest of the annual proceedings of the Section for publication in the Texas Bar Journal.
Section 5. Treasurer. The Treasurer shall be authorized to sign checks and account for and maintain the financial records of the Section, as well as perform other duties upon request and as delegated. The Treasurer shall have the responsibility to provide required financial information to the State Bar of Texas. The authority of the Treasurer to invest funds of the Section shall be limited by the requirements of the Policy Manual of the Board of Directors of the State Bar of Texas (the “Board Policy Manual”) which requires that Section funds must be invested in accordance with the parameters of the Board Policy Manual. By July 15th of each year, the treasurer shall provide the Executive Director of the State Bar of Texas a complete financial report for the preceding fiscal year ending May 31 and, if available, a copy of the Section budget for the current fiscal year. Upon the death, resignation or disability of the Treasurer or upon his/her refusal to act, the Secretary shall perform the duties of the Treasurer for the remainder of the Treasurer’s term except in case of the Treasurer’s disability and then only during so much of the term as the disability continues.
Duties and Powers of the Council
Section 1. The Council shall have general supervision and control of the affairs of the Section subject to the provisions of the By-Laws of this Section, the Board Policy Manual and other State Bar of Texas governing documents.
Section 2. The Chair may appoint committees from Section members to perform such duties and exercise such powers as the Chair or Council may direct, subject to the limitations mentioned above.
Section 3. The Council, during the interim between annual meetings of the Section, may fill vacancies in its own membership or in the offices of the Section. Members of the Council and officers so selected shall serve until the close of the next annual meeting of the Section, and shall be of the practice area as the person whose vacancy is filled.
Section 4. All binding action of the Council including adoption of any section legislative position(s) shall be by a majority vote of the council members present.
Section 5. The Chair of the Section or any member of the Council may submit or cause to be submitted in writing any proposition upon which the Council may be authorized to act, and the members of the Council may vote thereon verbally and/or in writing. If the votes of a majority of the members of council so recorded shall be in favor of such proposition or if such majority shall be against such proposition, such majority vote shall constitute the binding action of the Council.
Section 6. In the event a proposition is in the best interest of the Section and time is of the essence, the Chair of the Section may utilize electronic and/or telephonic technology to determine each council member’s vote.
Section 1. The annual meeting of the Section shall be held during the State Bar of Texas’ Advanced Criminal Law continuing legal education seminar, in the same city or place as such annual seminar, with such program and order of business as may be arranged by the Council.
Section 2. Special meetings of the Section and Council may be called by the Chair and/or by majority vote of the council.
Section 3. The members of the Section present at any meeting shall constitute a quorum for the transaction of business
Section 4. All binding action of the Section shall be by a majority vote of the members present.
Section 5. The Council shall meet annually during the annual meeting of the Section.
Section 1. No salary or compensation shall be paid to any officer.
Section 2. No action, policy determination, or recommendation of this Section or committee thereof, shall be deemed to be, or be referred to as, the action of the State Bar of Texas, and shall comply with the provisions of these By-Laws and the Board Policy Manual and governing documents of the State Bar of Texas. Any resolution adopted or action taken by this Section may, on request of this Section, be reported by the Chairman to the annual meeting of the State Bar of Texas for action thereon.
Section 3. These By-Laws may be amended at any annual meeting of this Section. All amendments must be approved by a majority vote of the members of the Section present and voting, and shall not become effective until approved by the Board of Directors of the State Bar of Texas.
Section 4. No positions may be taken by the Criminal Justice Section, or its members in the name of the Section, that advocate or advance a political or social policy position. However, this shall not be construed so as to prohibit the support for, or advancement of, proposed changes in state laws or court rules designed to improve the judicial branch of government.
Section 5. These By-Laws shall become effective upon approval by the Board of Directors of the State Bar of Texas.
Section 6. As used herein unless otherwise expressly provided, the past, present or future tense shall each include the other; the masculine, the feminine or neuter gender shall each include the other; and the singular and plural number shall each include the other.