BY-LAWS
OF
SECTION OF YOUNG LAWYERS
MARYLAND STATE BAR ASSOCIATION, INC.
As approved June 11, 1998
ARTICLE I
Name and Objectives
Section 1. This Section shall be known as the Section of Young Lawyers. This Section is
formed to foster the discussion and interchange of ideas relative to the duties, responsibilities and
problems of the younger members of the legal profession, to aid and promote their advancement, to
encourage their interest and participation in activities of the Maryland State Bar Association, to
provide opportunities for its members to meet socially, to further the purpose and objectives of the
Association, and to undertake such further activities as shall be requested by the Board of Governors
of the Association.
ARTICLE II
Membership
Section 1. All members in good standing of the Maryland State Bar Association who have not
reached the age of 37 years or, regardless of age, who having been admitted to the Bar for a period
of less than three years. All members shall be enrolled for a period of not less than 3 years.
ARTICLE III
Officers and Section Council
Section 1. OFFICERS. The officers of this Section shall consist of a Chair, Chair-Elect,
Secretary and Treasurer.
Section 2. DUTIES. The duties of the officers shall be as follows:
CHAIR
The Chair shall be the chief executive officer of the Section and shall preside at all meetings
of the Section and the Section Council. The Chair shall appoint all Committee Chairs and Committee
members, and with the advice and consent of the Section Council the Chair may create special
Committees. The Chair shall be responsible for all reports to be submitted to the Association, to the
Board of Governors and to the Section. The Chair shall perform such other duties as may be
prescribed by the Section Council from time to time.
CHAIR-ELECT
In the absence or disability of the Chair the Chair-elect shall perform the duties of the
Chair. The Chair-elect shall perform such other duties as may be prescribed by the Chair or
Section Council from time to time. The Chair-elect shall succeed to the office of Chair
immediately following the expiration of the term of office of the outgoing Chair.
SECRETARY
The Secretary shall keep a record of the proceedings of all meetings of the Section and of the
Section Council, and shall maintain rosters of the membership of the Section and of the Committees
established by the Chair or the Section Council. The Secretary shall perform such other duties as may
be assigned by the Chair or by the Section Council.
TREASURER
The Treasurer shall perform the duties usually pertaining to such office consistent with the
policies of the Association and subject to the direction of the Chair, and shall perform such other
duties as may be assigned by the Chair. The Treasurer shall maintain appropriate accounts of the
funds of the Section, shall maintain an accounting of the expenditures by the Section, and shall
prepare the annual budget for submission to the Association.
Section 3. SECTION COUNCIL. The Section Council shall be comprised of (1) the
members of the Executive Committee as defined in Section 4 of this Article, (2) one member
representing each Judicial Circuit of Maryland, to be appointed by the Chair, (3) the Chairs and
Co-Chairs of the Standing Committees, to be appointed by the Chair, (4) the Young Lawyer
Governors as defined in Article VII, Section 4 of these By-Laws, (5) the ABA Delegate to be
appointed by the Chair, (6) the Chairs of any Special Projects and/or Special Committees, and (7)
the FEMA Disaster Relief Co-Ordinator.
Members of the Section Council shall be members of the Section in good standing. Each
Section Council member appointed to represent a Judicial Circuit or alternate shall be from such
Judicial Circuit. A member shall be considered to be from the Judicial Circuit where his or her
principal office is located, except that if such office is outside the State, then his or her place of
residence shall determine. Each representative may designate an alternate to attend all meetings
in the representative's absence and act with all the rights and powers of said representative. Each
Judicial Circuit shall have one vote only on Section Council.
Section 4. EXECUTIVE COMMITTEE. There shall be an Executive Committee of the
Section Council comprised of (1) the officers of the Section Council, (2) the immediate past Chair
and (3) one at large member appointed by the Chair. The Executive Committee shall be
empowered to take action on behalf of the Section Council where necessary. Any action taken
by the Executive Committee shall be subject to ratification by the full Section Council at its next
regular meeting.
ARTICLE IV
Duties and Powers of the Section Council
Section 1. GENERAL. The Section Council shall have general supervision and control
of the affairs of the Section, subject to the provisions of the By-Laws of the Maryland State Bar
Association and these By-Laws.
Section 2. VACANCIES. The Section Council during the interim between annual
meetings of the Section may fill a vacancy which may occur as to any office of Section Council
position, except the office of Chair, which shall automatically be filled by the Chair-elect, and
except for the Chairs and Co-Chairs of the seven (7) standing Committees, which vacancies shall
be filled by appointment of the Section Chair. Officers so designated shall serve until the close
of the next annual meeting of the Section. If a Section Council position has been filled by
appointment, and one year of the term remains at the next annual Section meeting, the position
will then be filled for the balance of the term by election as provided herein. Any required
assumption of the duties of the Chair by the Chair-elect shall not effect the normal succession of
the Chair-elect to the office of Section Chair.
Section 3. TRANSACTION OF BUSINESS. All binding action of the Section Council
shall be by a majority vote of the Section Council members present and voting. In the event of
a tie vote, the vote of the Chair or Acting Chair shall control. A quorum of ten (10) Council
members shall be required for the transaction of business. All meetings of the Section Council
shall be open to the entire membership.
ARTICLE V
Committees
Section 1. STANDING COMMITTEES. - The Standing Committees of the Section to be
appointed annually by the Chair shall be: Membership Committee, Nominating Committee,
Activities Committee, Publications Committee, Education Committee, Policy Committee,
Public Service Committee, and Technology Committee.
Section 2. DUTIES. The duties of each Committee shall be as follows:
A. Membership Committee - The Membership Committee shall conduct a continuing
campaign to obtain new members of the Association who will qualify as members of this Section.
B. Nominating Committee - The Nominating Committee shall consist of the Chair
of the Committee, the Chair-elect of the Section, two members from Section Council to be
chosen by Section Council at the September meeting, and three members appointed by the Chair
of the Section who are not members of Section Council. The Chair of the Section shall not be a
member of the Nominating Committee. The Committee shall be appointed not later than October
1. No member of the Nominating Committee may be a candidate for any position being
considered by the Committee, nor may a member of the Nominating Committee endorse a
candidate or publicly campaign for a candidate. The Nominating Committee shall be responsible
for the fulfillment of those responsibilities set forth in Article VII, Sections 1 and 4 of these By-Laws, and for fulfilling such other duties as the Chair of Section Council may direct, or as may
otherwise be stated in these By-Laws.
C. Activities Committee - The Activities Committee shall be responsible for the
planning and preparation of the programs of all Section meetings as well as all social functions or
other events of the Section. The Activities Committee shall engage in a continuing study with regard
to projects for the Section. The Committee shall evaluate the effectiveness and feasibility of the
programs and activities of the Section and the existing organization of the Section. The Chair of the
Activities Committee shall report at each annual meeting of the Section on all activities of the Section.
D. Publications Committee - The Publications Committee shall be responsible for
compiling, editing and disseminating all publications of the Section Council including The
Advocate.
E. Education Committee - The Education Committee shall be responsible for
maintaining and updating the Young Lawyers' Handbook; conducting seminars and other educational
programs for Young Lawyers; and generally, addressing itself to the resolution of the practice
problems being experienced by Young Lawyers.
F. Policy Committee - The Policy Committee shall be responsible for the
maintenance and updating of the Section's Long Range Plan, for the review of any proposed
amendments to these By-Laws, and for any other policy matter that may arise.
G. Public Service Committee - The Public Service Committee shall be responsible
for encouraging, initiating and/or coordinating projects undertaken by the Section of service to the
public.
H. Technology Committee - The Technology Committee shall be responsible for
coordinating and resolving all computer and technology related issues of Section Council,
designing and implementing technology policies for the Section, acting as a liaison to any
Technology Committee or Task Force of the Board of Governors, and updating and maintenance
of the YLS website at http://www.yls.org/.
Section 3. SPECIAL COMMITTEES. The Chair of the Section shall appoint the Chair
and members of such other Committees as a majority of the Section Council may feel desirable
and necessary in connection with the affairs of the Section. All such Committees shall, unless
reappointed, be dissolved at the annual meeting.
Section 4. COMMITTEE REPORTS. The Chair of each Committee shall submit in
writing, an annual report of the activities of the Committee at the annual meeting of the Section.
Section 5. COMMITTEE CHAIR. Each Committee Chair shall appoint a Vice Chair to
act in his or her place when necessary in the Chair's absence or disability. Each Committee Chair shall
have the power to form or appoint such subcommittees as he or she deems advisable, with the
approval of the Chair of the Section.
ARTICLE VI
Meetings
Section 1. TIME & PLACE. The regular annual meeting shall be held each year at the
same time and place as the annual meeting of the Association. Mid-Year meetings shall be held
at the same time and place as the Mid-Year meetings of the Association.
Section 2. ORDER OF BUSINESS. The order of business at regular meetings shall be
as follows:
1. Report of Officers.
2. Report of Committees.
3. Report of Circuit Representatives.
4. Report of Young Lawyers' Governors.
5. Report of ABA Delegate.
6. Old business.
7. New business.
Section 3. PROCEDURE. Except as provided in these By-Laws, Roberts Rules of Order
shall govern all meetings.
Section 4. GENERAL MEMBERSHIP MEETINGS. One half of one percent (.5%) of
the members of the Section shall constitute a quorum for the transaction of business at a general
membership meeting.
Section 5. ATTENDANCE. If any member of the Section Council, whether elected or
appointed, shall fail to attend two successive regular meetings of the Section Council, or shall fail to
attend three regular meetings within any six month period, and such failure has not been excused for
cause by the Chair, then the Chair may declare such member to have automatically resigned, and the
vacancy created thereby shall be filled in accordance with the provisions of Article IV, Section 2 of
these By-Laws.
ARTICLE VII
Election of Officers and Young Lawyers' Governors
Section 1. OFFICERS. The Chair-elect, Secretary and Treasurer shall be elected by the
general membership at the annual meeting of the Section. They shall hold office until
adjournment of the next annual meeting of the Section or until their successors are elected and
qualified. No officer shall serve in any one office for more than two successive years, with the
exceptions of the Chair-elect who shall serve only one year in that office.
A. The Nominating Committee shall give notice by publication in the November
and December issues of the Bar Bulletin and the Fall issue of The Advocate that:
i. it will accept applications for the officer positions;
ii. where applications should be sent;
iii. and the deadline for filing applications.
All applications must be received at the Association headquarters no later that than the close of
business on January 15. If the Association headquarters are closed on January 15, the
applications shall be received by the Association headquarters prior to the close of business on the
next day that the Association headquarters is open for business.
B. Any member of the Section, who will be a member of the Section at the
commencement of the upcoming bar year and who will be a member throughout the term being
sought (hereinafter referred to as a "Qualifying Young Lawyer"), may submit his or her
application for consideration by the Nominating Committee. No member may submit their name
for more than one office.
C. The Nominating Committee shall interview the applicants for the Officer
positions and shall select one Qualifying Young Lawyer as the Nomination Slate for each position
to be filled. If there is not at least one application from a Qualifying Young Lawyer for each
officer position, the Nominating Committee shall select a Qualifying Young Lawyer as the
Nomination Slate for such officer position even if such Qualifying Young Lawyer did not file an
application.
D. The Nominating Committee shall give Notice of the Nomination Slate to the
general membership by publication in the February issue of The Bar Bulletin. Such notice shall
include the name of each nominee and the procedure and deadline for submission of a Petition of
nomination to run against the Nomination Slate.
E. At any time after the determination of the Nomination Slate but prior to the last
Friday in March, any Qualifying Young Lawyer may submit to the Nominating Committee a petition
of nomination which shall be signed by not less than twenty-five (25) members of the Young
Lawyers' Section and received by the Association headquarters prior to the close of business on
the last Friday in March. The Nominating Committee shall promptly verify that petitioner is a
Qualifying Young Lawyer and that the petition bears the signature of twenty-five current members
of the Section.
F. In the event that no Qualifying Young Lawyer has submitted a Petition, the
Nomination Slate shall be elected. In the event a petition has been submitted, notice of the
contested election and the procedure for obtaining Absentee ballots shall be published in the April
issue of The Bar Bulletin. The election shall be held at the annual meeting in June.
Section 2. YOUNG LAWYERS' GOVERNORS. The following procedure will be
utilized for the election of the Young Lawyers' representatives to the Board of Governors
(hereinafter referred to as the "Young Lawyers' Governors" as provided in the By-Laws of the
Maryland State Bar Association):
A. The Nominating Committee, prior to October 1, shall give notice by mailing
and publication to the Section membership that:
i. it will accept applications to fill the expiring terms of the Young
Lawyers' Governors;
ii. where applications should be sent;
iii. the deadline for filing applications;
iv. and the number of positions available.
All applications must be received at the Association headquarters no later than the close of
business on November 15. If the Association headquarters are closed on November 15, the
applications shall be received by the Association headquarters prior to the close of business on the
next day that the Association headquarters is open for business.
B. Any Qualifying Young Lawyer may submit their application for consideration
by the Nominating Committee.
C . The Nominating Committee shall interview the applicants for the Young
Lawyers' Governors positions to be filled and shall select one Qualifying Young Lawyer as a
candidate for each position to be filled. If there is not at least one application from a Qualifying
Young Lawyer, the Nominating Committee shall select a Qualifying Young Lawyer as the
candidate for such position even if such Qualifying Young Lawyer did not file a petition.
D. The Chair of the Nominating Committee shall present the Nomination Slate of
Young Lawyers' Governors to the Section Membership by providing notice by publication in the
December issue of the Maryland Bar Bulletin, any publication of the Section and by direct mail
to the Section members. Such notice by mail shall be sufficient if mailed by third class mail to
the members addresses as provided to the Client Security Trust Fund as published in the Maryland
Lawyers' Manual not later than January 1. Such notice shall include the name of each candidate
and the procedure and deadline for the submission of a Petition of nomination to run against the
Nominations Slate.
E. At any time after the determination of the Nomination Slate but prior to
February 15, any Qualifying Young Lawyer may submit to the Nominating Committee a petition
of nomination, which shall be signed by not less than twenty-five (25) members of the Young
Lawyers' Section and received by the Association headquarters prior to the close of business on
the 15th day of February. If the Association headquarters are closed on February 15, the petition
shall be received by the Association headquarters prior to the close of business on the next day that
the Association headquarters is open for business. The Association shall promptly verify that
petitioner is a Qualifying Young Lawyer and that the petition bears the signature of twenty-five
current members of the Section.
F. In the event that no Qualifying Young Lawyer has submitted a petition to run
against the Nomination Slate, the Nomination Slate shall be elected. In the event a petition has
been submitted, the election shall be as prescribed by Article III of the Regulations Governing the
Nomination and Election of District Governors of the Association.
G. Should any position of Young Lawyers' Governor become vacant during its
term, the Chair of the Section shall appoint a Qualifying Young Lawyer to serve in that Position
during the remainder of the term.
ARTICLE VIII
Amendments
These By-Laws may be amended at the mid-year meeting of the State Bar,
(February meeting), the annual meeting (June meeting), and the October meeting
of Section Council. In the event that a meeting is canceled, the vote on the
By-Law amendment shall occur at the next regularly scheduled meeting of the
Section Council with the exception of the December meeting.
Section 1. AMENDMENTS PROPOSED BY MEMBERS. Any member of the Section
may propose an Amendment to these By-Laws.
A. All proposed Amendments shall be submitted in writing to either the Secretary
or the Chair at the Association headquarters and shall include the following:
i. The existing text of the relevant Article and Section of the By-Laws.
ii. A copy of the proposed Amendment in which stricken material has been
lined through or enclosed in brackets and new material has been underlined
or highlighted.
iii. And the proposed text as it would appear if adopted.
B. The proposed Amendment shall be delivered by the Secretary or Chair to the
Chair of the Policy Committee within ten (10) business days after receipt thereof or at the next
Section Council meeting, whichever is first.
C. At the next Section Council meeting following receipt of the proposed
Amendment by the Chair of the Policy Committee, excluding the December meeting, the Policy
Committee shall make one of the following recommendations with regard to the proposed
Amendment:
i. Adopt as submitted;
ii. Adopt with modifications;
iii. Reject; or
iv. Return to the Policy Committee for further study to be reported upon
at the next Section Council meeting other than the December meeting. No
proposed Amendment shall be sent back for further study more than one
time.
Section 2. AMENDMENTS BY POLICY COMMITTEE. The Policy Committee can
propose an Amendment to these By-Laws at any regularly scheduled Section Council meeting.
Said proposal shall include the items required by Section 1(a).
Section 3. APPROVAL OF AMENDMENTS. Upon Section Council approval of the
proposed Amendment as recommended by the Policy Committee, the Secretary shall cause to be
mailed by first-class mail, to the Section membership, the substance of the proposed Amendment,
notice of the meeting at which the proposed Amendment will be voted upon, the procedure for
obtaining a copy of the full text of the proposed Amendment, and the procedure for obtaining an
absentee ballot. The Secretary shall cause said notice to be mailed sixty (60) days prior to the
scheduled meeting. The vote upon the proposed Amendment shall take place at the earliest of the
mid-year meeting of the State Bar, (February meeting), the annual meeting (June meeting), or the
October meeting of Section Council. In the event that a meeting is canceled, the vote on the
proposed Amendment shall occur at the next regularly scheduled meeting of the Section Council
with the exception of the December meeting.
Section 4. EFFECTIVE DATE. Unless otherwise specified in the proposed Amendment,
a proposed Amendment shall become effective immediately upon the adjournment of the meeting
at which said proposed Amendment receives two-thirds of the votes cast at said meeting including
verified absentee ballots.
ARTICLE IX
Absentee Ballots
Absentee Ballots shall be available for any By-Law vote and for any contested election of
Officers. No proxy voting will be allowed on any matter. Any member wishing to vote by
Absentee ballot shall contact the Association headquarters in writing to request an Absentee ballot.
The ballot shall consist of the following:
1. The matter or candidates to be voted upon;
2. A blank inner envelope;
3. An outer envelope with space for the members name and address on the
outside as well as a signature line for said member;
All Absentee ballots shall be received at the Association headquarters by close of business at least
one week prior to the meeting at which the vote is to take place. Upon receipt of an Absentee
ballot, the Association staff shall verify that the member is in good standing and entitled to vote.
Following verification, the outer envelope will be removed and all valid Absentee ballots shall be
counted at the meeting at which the vote is to take place.
ARTICLE X
Effective Date
The original By-Laws became effective upon their approval by the Board of Governors of
the Maryland State Bar Association. Any Amendment to these By-Laws shall become effective
upon their approval pursuant to Article VIII.
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