UTAH STATE BAR
YOUNG LAWYERS DIVISION
BYLAWS
(Amended and restated September 21, 2021)
ARTICLE I
Name and Purpose
YOUNG LAWYERS DIVISION
BYLAWS
(Amended and restated September 21, 2021)
ARTICLE I
Name and Purpose
1.1 Name. This organization shall be named the Young Lawyers Division of the Utah State Bar.
1.2 Purpose. The primary purpose of the Division shall be to further the mission of the Utah State Bar, particularly among younger and newer members, through continued education, professional development, leadership training, social activities, public service, and take such other functions deemed appropriate by Division members. The Division shall also serve as an affiliate of the American Bar Association Young Lawyer Division and any other affiliate organizations.
1.2 Purpose. The primary purpose of the Division shall be to further the mission of the Utah State Bar, particularly among younger and newer members, through continued education, professional development, leadership training, social activities, public service, and take such other functions deemed appropriate by Division members. The Division shall also serve as an affiliate of the American Bar Association Young Lawyer Division and any other affiliate organizations.
ARTICLE II
Members
Members
2.1 Eligibility for Membership. Membership in the Division shall consist of all members of the Utah State Bar in good standing who are under thirty-six (36) years of age, or have been admitted to the practice of law in any state less than ten (10) years.
2.2 Termination of Membership. Membership shall terminate automatically on June 30 after a member attains thirty-six (36) years of age, or ten (10) years after admission to the practice of law in any state, whichever occurs last, except as set forth herein. This definition shall not affect the Utah Bar Commission's determination and fixation of annual license fees.
2.3 Voting. Each member of the Division in good standing shall be entitled to one (1) vote on each matter put to a vote of the members.
2.4 Meeting of the Members. A meeting of the membership of the Division may be called by the President, upon approval of the Executive Council, at such time and place as the Executive Council may determine, or upon the written petition of not less than ten members of the Division which meetings, when called, shall be held at such time and place as the Executive Council may determine.
2.5 Quorum for Meeting of the Members. Ten (10) percent of the current total members of the Division shall constitute a quorum of any meeting of the Division. All binding action of the Division shall be by a majority vote of the members present at any such meeting where a quorum is in attendance. Roberts Rules of Order shall guide the meeting but shall not be binding.
2.6 Action of Members Without Meeting. Any action that may be taken at a meeting of the Division members may be taken without a meeting if a majority of the Division members entitled to vote consent to such action in writing. The procedures for such action shall be such as the Executive Council may establish from time to time, subject to applicable law.
2.7 Proxy Voting. Proxy voting shall not be allowed at Division meetings.
2.2 Termination of Membership. Membership shall terminate automatically on June 30 after a member attains thirty-six (36) years of age, or ten (10) years after admission to the practice of law in any state, whichever occurs last, except as set forth herein. This definition shall not affect the Utah Bar Commission's determination and fixation of annual license fees.
2.3 Voting. Each member of the Division in good standing shall be entitled to one (1) vote on each matter put to a vote of the members.
2.4 Meeting of the Members. A meeting of the membership of the Division may be called by the President, upon approval of the Executive Council, at such time and place as the Executive Council may determine, or upon the written petition of not less than ten members of the Division which meetings, when called, shall be held at such time and place as the Executive Council may determine.
2.5 Quorum for Meeting of the Members. Ten (10) percent of the current total members of the Division shall constitute a quorum of any meeting of the Division. All binding action of the Division shall be by a majority vote of the members present at any such meeting where a quorum is in attendance. Roberts Rules of Order shall guide the meeting but shall not be binding.
2.6 Action of Members Without Meeting. Any action that may be taken at a meeting of the Division members may be taken without a meeting if a majority of the Division members entitled to vote consent to such action in writing. The procedures for such action shall be such as the Executive Council may establish from time to time, subject to applicable law.
2.7 Proxy Voting. Proxy voting shall not be allowed at Division meetings.
ARTICLE III
Board of Director
Board of Director
3.1 Governance. The main governing body of the Division shall be the Board of Directors ("the Board"), which shall consist of not less than fifteen (15) or more than thirty (30) members, not including the Executive Council. Except as otherwise provided by these Bylaws, all policymaking authority within the Division resides in the Board.
3.2 Board Members. Except as otherwise provided herein, members of the Board shall be appointed by the President with the advice and consent of the Executive Council. All Board members shall be designated as a director of a program ("Director") or a liaison to another program or association related to the mission of the Division ("Liaison"). Officers may hold more than one position at a time but no more than one person may occupy the same office or offices at the same time.
3.3 Eligibility for Board Membership. No person shall be eligible for appointment to the Board unless he or she is a member in good standing of the Division and can continue as a member of the Division without "aging-out" during his or her term. If a Board member "ages out" during his or her term, he or she may continue to serve until a replacement is appointed.
3.4 Term of Office. The term of office for a Director or Liaison shall run from the time of appointment until June 30 or until a replacement is appointed.
3.5 Powers and Duties. Board members shall have general supervision of the affairs of the Division, subject to the provisions of the Bylaws of the Utah State Bar. All members of the Board shall attend all regular Board meetings. In the event that a Board member cannot attend a regularly scheduled board meeting, he or she shall communicate the reason for his or her absence to the President in advance of the meeting. All Board members shall be entitled to one (1) vote on each matter put to a vote of the Board.
3.2 Board Members. Except as otherwise provided herein, members of the Board shall be appointed by the President with the advice and consent of the Executive Council. All Board members shall be designated as a director of a program ("Director") or a liaison to another program or association related to the mission of the Division ("Liaison"). Officers may hold more than one position at a time but no more than one person may occupy the same office or offices at the same time.
3.3 Eligibility for Board Membership. No person shall be eligible for appointment to the Board unless he or she is a member in good standing of the Division and can continue as a member of the Division without "aging-out" during his or her term. If a Board member "ages out" during his or her term, he or she may continue to serve until a replacement is appointed.
3.4 Term of Office. The term of office for a Director or Liaison shall run from the time of appointment until June 30 or until a replacement is appointed.
3.5 Powers and Duties. Board members shall have general supervision of the affairs of the Division, subject to the provisions of the Bylaws of the Utah State Bar. All members of the Board shall attend all regular Board meetings. In the event that a Board member cannot attend a regularly scheduled board meeting, he or she shall communicate the reason for his or her absence to the President in advance of the meeting. All Board members shall be entitled to one (1) vote on each matter put to a vote of the Board.
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3.5.1 Powers and Duties of Directors. In addition to the general powers and duties set forth herein, a Director shall have the power to direct one or more programs of the Division. A Director shall also have the power to appoint a committee of qualified individuals to support him or her in the coordination of the program or programs he or she directs.
3.5.2 Powers and Duties of Liaisons. In addition to the general powers and duties set forth herein, a Liaison shall have the power to represent the Division to one or more other programs or associations related to the mission of the Division. |
3.6 Regular Meetings. The Board shall hold at least nine (9) regular meetings each year at such time and place as set by the President. All regular meetings shall be open to Division members and to the public.
3.7 Special Meetings. Special meetings of the Board may be called by the President or any three Executive Cabinet officers and held at such place as the President or Executive Council may determine. Reasonable notice of a special meeting shall be given by email, telephone, and any other means as the Executive Council may determine. All special meetings shall be open to public unless otherwise specified. No members of the Division may be denied entry to any Board meeting.
3.8 Quorum for Board Meetings. A majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Board members is present at any meeting, a majority of the Board members present may adjourn the meeting.
3.9 Vacancies on the Board. A vacancy in a Director or Liaison position occurs when a director resigns or is dismissed by the President with the advice and consent of the Executive Council. A Vacancy may be filled by appointment by the President with the advice and consent of the Executive Council.
3.7 Special Meetings. Special meetings of the Board may be called by the President or any three Executive Cabinet officers and held at such place as the President or Executive Council may determine. Reasonable notice of a special meeting shall be given by email, telephone, and any other means as the Executive Council may determine. All special meetings shall be open to public unless otherwise specified. No members of the Division may be denied entry to any Board meeting.
3.8 Quorum for Board Meetings. A majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Board members is present at any meeting, a majority of the Board members present may adjourn the meeting.
3.9 Vacancies on the Board. A vacancy in a Director or Liaison position occurs when a director resigns or is dismissed by the President with the advice and consent of the Executive Council. A Vacancy may be filled by appointment by the President with the advice and consent of the Executive Council.
ARTICLE IV
Executive Counci
Executive Counci
4.1 Executive Council Officers. The Executive Council shall consist of the President, President-Elect, Immediate Past President, Secretary, Treasurer, and Publicity Manager.
4.2 Eligibility for Executive Council Office. No person shall be eligible for an Executive Council office unless he or she is a member in good standing of the Division and can continue as a member of the Division without "aging-out" during his or her term. The only
exception shall be for the Immediate Past President who shall continue to serve until the end of his or her term despite having "aged -out" of the Division.
4.3 Term of Office. The term of office shall for all Executive Council offices shall begin at the close of the Utah Bar Annual Summer Convention or July I, whichever occurs later, and end at the close of the following Utah Bar Summer Convention or until June 30, whichever occurs later.
4.4 Election and Succession. The President-Elect, Secretary, Treasurer, and Publicity Manager shall be elected annually by a majority vote of all ballots cast by members of the Division. On or before May 1, members of the Division shall be notified of Executive Council offices up for election. Declarations of candidacy for each elected office shall be submitted on or before May 15. The time period for voting and the announcement of election results shall be determined by a majority vote of the Executive Council, so long as the results of the election are declared no later than May 31. The office of President shall devolve upon the President-Elect once his or her term of office ends. The office of Immediate Past President shall devolve upon the President once his or her term of office ends.
4.5 Powers and Duties. Executive Council officers shall carry out the duties of his or her office as set forth herein. All Executive Council members shall be members of the Board. All Executive Council members shall be entitled to one (1) vote on each matter put to a vote of the Board and one (1) vote on each matter put to a vote of the Executive Counsel with the exception of the Immediate Past President, who shall be an ex officio member of the Board and the Executive Council.
4.2 Eligibility for Executive Council Office. No person shall be eligible for an Executive Council office unless he or she is a member in good standing of the Division and can continue as a member of the Division without "aging-out" during his or her term. The only
exception shall be for the Immediate Past President who shall continue to serve until the end of his or her term despite having "aged -out" of the Division.
4.3 Term of Office. The term of office shall for all Executive Council offices shall begin at the close of the Utah Bar Annual Summer Convention or July I, whichever occurs later, and end at the close of the following Utah Bar Summer Convention or until June 30, whichever occurs later.
4.4 Election and Succession. The President-Elect, Secretary, Treasurer, and Publicity Manager shall be elected annually by a majority vote of all ballots cast by members of the Division. On or before May 1, members of the Division shall be notified of Executive Council offices up for election. Declarations of candidacy for each elected office shall be submitted on or before May 15. The time period for voting and the announcement of election results shall be determined by a majority vote of the Executive Council, so long as the results of the election are declared no later than May 31. The office of President shall devolve upon the President-Elect once his or her term of office ends. The office of Immediate Past President shall devolve upon the President once his or her term of office ends.
4.5 Powers and Duties. Executive Council officers shall carry out the duties of his or her office as set forth herein. All Executive Council members shall be members of the Board. All Executive Council members shall be entitled to one (1) vote on each matter put to a vote of the Board and one (1) vote on each matter put to a vote of the Executive Counsel with the exception of the Immediate Past President, who shall be an ex officio member of the Board and the Executive Council.
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4.5.1 President. The President has the chief executive powers of the Division. The President shall:
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a. Have general charge of the affairs and management of the Division;
b. Preside at all meetings of the Division, Board, and Executive Council and shall determine the agenda and the order of business to be transacted at any meeting thereof; c. Provide a report to the Board and the Executive Council at all regular meetings; d. Appoint members of the Board as set forth herein; e. Represent the Division as an ex officio member of the Utah Bar Commissioners; f. Select from the members of the Division the delegation to any national or regional conferences in which the Young Lawyers Division is an affiliate member; and g. Perform any other duties incident to his or her office. |
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4.5.2 President-Elect. The President -Elect is the vice president of the Division. The President-Elect shall:
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4.5.3 Immediate Past President. The Immediate Past President is the individual who last served a full term as President. The Immediate Past President shall:
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a. Make himself or herself available to the Board and Executive Council for consultation regarding all matters concerning the Division;
b. Perform such other duties as may be assigned to him or her by the President; and c. Perform any other duties incident to his or her office. |
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4.5.4 Secretary. The Secretary has the chief administrative powers of the Division. The Secretary shall:
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a. Maintain custody of all records of the Division; Provide a report to the Board and the Executive Council at all regular
b. Compile, maintain, and distribute a contact list of all Executive Council officers and Board members to be distributed to the same; c. Distribute meeting materials to all Board members in advance of all Board and Executive Council meetings and keep the minutes of all Board and Executive Council meetings; d. Facilitate all elections of the Division, subject to the provisions herein; e. As needed, and upon the approval of Executive Council, establish recordkeeping and elections policies on behalf of the Division; and f. Perform any other duties incident to his or her office. |
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4.5.5 Treasurer. The Treasurer has the financial control powers of the Division. The Treasurer shall:
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a. Maintain custody the budget and all financial records of the Division;
b. Provide a report to the Board and the Executive Council at all regular meetings; c Facilitate all finical transactions of the Division, with the approval of the President and subject to the provisions herein; d. As needed and upon the approval of Executive Council, establish expenditure and reimbursement policies on behalf of the Division; and e. Perform any other duties incident to his or her office. |
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4.5.6 Publicity Manager. The Publicity Manager has the chief communications powers of the Division. The Publicity Manager shall:
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a. Maintain all publications, web content, email accounts, social mediaaccounts, and Utah Bar Journal submissions of the Division;
b. Provide a report to the Board and the Executive Council at all regular meetings; c. Facilitate all external marketing and publicity on behalf of the Division; d. As needed and upon the approval of Executive Council, establish email and public relations policies on behalf of the Division; and e. Perform any other duties incident to his or her office. |
4.6 Executive Council Meetings. Meetings of the Executive Council shall be called as needed by the President or by any three Executive Cabinet officers and shall be held at such place as the President or Executive Council may determine. Reasonable notice must be given for all Executive Council meetings. All Executive Council Officers shall be entitled to one vote on each matter submitted to a vote. A majority vote of the Executive Officers is required on all actions taken on behalf of the Executive Council, unless otherwise specified.
4.7 Removal of Executive Council Officers. Any three Executive Council officers, may petition in writing for the removal of another Executive Council officer. The Petition for Removal shall set forth the reasons for the request of removal. Upon receipt of the Petition for Removal, the President shall send a written notice to the Board that removal of a particular Executive Council officer has been requested, along with a copy of the Petition for Removal. If the Petition for Removal contemplates removal of the President, the Immediate Past President shall assume such duties. Notice that an action to remove an Executive Council officer, along with a copy of the Petition for Removal, must be provided to the Executive Council officer that is the subject of the Petition for Removal no less than thirty (30) days prior to the meeting at which such action will be considered by the Executive Council and the Board. The Executive Council officer that is the subject of the Petition for Removal must be given the opportunity to respond to the Petition for Removal prior to any vote on the matter. Other Executive Council officers and Board members may speak in favor of or against removal. At the conclusion of the discussion, a vote shall be taken by written ballot. The Executive Council officer that is the subject of the Petition for Removal shall be removed only upon a vote of good cause by a three-quarters (3/4) vote of the Executive Council and a simple majority vote of the Board. Removal is effective immediately.
4.8 Vacancies on the Executive Council. A vacancy in an Executive Council office occurs when an officer resigns or is removed from office. A vacancy in the office of President shall be filled by the President-Elect, as set forth herein. A vacancy in the office of President-Elect shall filled by any other member of the Executive Council appointed by the President; however, the appointed officer shall only assume the vice presidential duties of the position and shall not succeed the President as President-Elect. A vacancy in the office of Secretary, Treasurer, or Publicity Manager shall be filled by a majority of all ballots cast by members of the Division.
4.7 Removal of Executive Council Officers. Any three Executive Council officers, may petition in writing for the removal of another Executive Council officer. The Petition for Removal shall set forth the reasons for the request of removal. Upon receipt of the Petition for Removal, the President shall send a written notice to the Board that removal of a particular Executive Council officer has been requested, along with a copy of the Petition for Removal. If the Petition for Removal contemplates removal of the President, the Immediate Past President shall assume such duties. Notice that an action to remove an Executive Council officer, along with a copy of the Petition for Removal, must be provided to the Executive Council officer that is the subject of the Petition for Removal no less than thirty (30) days prior to the meeting at which such action will be considered by the Executive Council and the Board. The Executive Council officer that is the subject of the Petition for Removal must be given the opportunity to respond to the Petition for Removal prior to any vote on the matter. Other Executive Council officers and Board members may speak in favor of or against removal. At the conclusion of the discussion, a vote shall be taken by written ballot. The Executive Council officer that is the subject of the Petition for Removal shall be removed only upon a vote of good cause by a three-quarters (3/4) vote of the Executive Council and a simple majority vote of the Board. Removal is effective immediately.
4.8 Vacancies on the Executive Council. A vacancy in an Executive Council office occurs when an officer resigns or is removed from office. A vacancy in the office of President shall be filled by the President-Elect, as set forth herein. A vacancy in the office of President-Elect shall filled by any other member of the Executive Council appointed by the President; however, the appointed officer shall only assume the vice presidential duties of the position and shall not succeed the President as President-Elect. A vacancy in the office of Secretary, Treasurer, or Publicity Manager shall be filled by a majority of all ballots cast by members of the Division.
ARTICLE V
Affiliate Positions
Affiliate Positions
5.1 ABA District Representative. Vacancies in the ABA District Representative for District 27 (Utah and Nevada) shall alternate each year between Utah and Nevada. In years in which Utah has the nomination, the ABA District Representative shall be nominated and selected in accordance with the requirements set forth in the Bylaws of the Young Lawyers Division of the American Bar Association. Nominees for this position shall meet all eligibility requirements set forth by the Young Lawyers Division of the American Bar Association.
5.2 ABA Young Lawyer Delegate. Vacancies in the ABA Young Lawyer Delegate position shall be filled by the Board and the Utah Bar Commission. When a vacancy occurs, the Board shall solicit letters of interest in the position from members of the Division. The Board shall select from the letters submitted three (3) qualified nominees to the Utah Bar Commission for appointment to the ABA House of Delegates. Nominees for this position shall meet all eligibility requirements set forth by the American Bar Association.
5.2 ABA Young Lawyer Delegate. Vacancies in the ABA Young Lawyer Delegate position shall be filled by the Board and the Utah Bar Commission. When a vacancy occurs, the Board shall solicit letters of interest in the position from members of the Division. The Board shall select from the letters submitted three (3) qualified nominees to the Utah Bar Commission for appointment to the ABA House of Delegates. Nominees for this position shall meet all eligibility requirements set forth by the American Bar Association.
ARTICLE VI
Miscellaneous Provisions
Miscellaneous Provisions
6.1 Compensation. No salary or compensation for services shall be paid to or by any Board member, Executive Counsel officer, or committee member, except as may be specifically authorized by the Utah Bar Commission. Nothing in this provision shall limit the ability of Board members, Executive Counsel officers, or committee members from receiving reimbursement for valid, verified expenses incurred as part of his or her duties, subject to the provisions herein and in any subsequent policies of the Division or the Utah State Bar.
6.2 Supplemental Authority. The Division, through the procedures set forth herein, may make rules or adopt policies and procedures that supplement these Bylaws which shall be binding upon the Division for the period specified by the same.
6.3 Antidiscrimination. The Division shall not discriminate, and shall actively oppose discrimination, on the basis of ancestry, color or race, cultural or ethnic background, national or regional origin, economic status, political affiliation, marital or parental status, physical disability, religion, sex, sexual orientation, gender identity or expression, and kind or size of legal practice.
6.4 Division Activities and Events. Reasonable efforts should be made to account for the geographical locations of the Division's various activities and events throughout the State of Utah to encourage participation by young lawyers in areas outside the Salt Lake Valley.
6.2 Supplemental Authority. The Division, through the procedures set forth herein, may make rules or adopt policies and procedures that supplement these Bylaws which shall be binding upon the Division for the period specified by the same.
6.3 Antidiscrimination. The Division shall not discriminate, and shall actively oppose discrimination, on the basis of ancestry, color or race, cultural or ethnic background, national or regional origin, economic status, political affiliation, marital or parental status, physical disability, religion, sex, sexual orientation, gender identity or expression, and kind or size of legal practice.
6.4 Division Activities and Events. Reasonable efforts should be made to account for the geographical locations of the Division's various activities and events throughout the State of Utah to encourage participation by young lawyers in areas outside the Salt Lake Valley.
ARTICLE VII
Amendments
Amendments
7.1 Preliminary Approval. These Bylaws may be amended by a majority vote of the Executive Council and a majority vote of the Board.
7.2 Final Approval. Amendments to these Bylaws must be submitted for final approval to the Utah Bar Commissioners by the President within fourteen (14) working days of passage by the Executive Counsel and Board.
7.2 Final Approval. Amendments to these Bylaws must be submitted for final approval to the Utah Bar Commissioners by the President within fourteen (14) working days of passage by the Executive Counsel and Board.
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