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Article I. FELLOWSHIP
1.1. Classification
a. Classes. The Chapter shall have the classes of Fellows permitted by the bylaws
of the American Academy of Matrimonial Lawyers (hereafter "bylaws").
b. Eligibility and Definition. Eligibility for and the definition of each class of
Fellows is pursuant to the bylaws.
c. Non-Practicing Fellows. Except as otherwise provided, the term Fellow shall
include Non-Practicing Fellows.
1.2. Qualification
Fellowship in the Chapter (hereafter "Fellowship") is limited to persons
who are Fellows of the American Academy of Matrimonial Lawyers (hereafter Academy) whose principal office is within this
state, are in good standing and have been elected to Fellowship in this Chapter.
1.3. Proposal for Fellowship
a. Admission to Fellowship is pursuant to terms and conditions promulgated by the
Academy.
b. Applications for Fellowship shall be forwarded by the Executive Director of the
Academy (hereafter Executive Director) to the Chapter's Board of Examiners, which is a sub-board of the Academy's Board
of Examiners, for action.
1.4. Election to Fellowship
a. Within a reasonable time after receiving an application from the Executive
Director, the Chapter's Board of Examiners shall act upon each application. Thereafter the Chapter's Board of Examiners
must notify the Academy's Board of Examiners, which has ultimate authority to review the application.
b. All other steps in the admissions process shall be pursuant to the bylaws.
1.5. Good Standing
A Fellow is continued in good standing by complying with conditions established by
the Academy.
1.6. Privileges
a. Each Fellow is entitled to the honors and service accorded to all Fellows.
b. Fellows are entitled to attend and vote at all meetings of the Chapter.
c. Non-Practicing Fellows may be appointed to committees, but shall not hold
elective or appointive office.
1.7. Evidence of and Certificates of Fellowship
All evidences, certificates or plaques of Fellowship are issued in accordance with
terms and conditions and remain the property of the Academy.
1.8. Dues and Assessments
Dues and assessments may be required from the Fellows in such amounts as are fixed
by the Board of Managers (hereafter "Managers") and approved by the Board of Governors of the Academy
(hereafter "Board").
1.9. Termination
A Fellow's name shall be removed from the rolls of the Chapter upon a Fellow's
termination of fellowship, resignation, death, disbarment or during any period of suspension from practice before any
forum in any jurisdiction, all as provided in the bylaws.
1.10. Reinstatement of Fellowship
After removal from Fellowship, the former Fellow may seek reinstatement by
following the procedures set out in the bylaws.
Article II. MEETINGS OF THE
FELLOWS
2.1. Meetings
The Chapter shall hold an annual meeting of the Fellows. The Chapter may hold other
meetings of the Fellows throughout the year.
2.2. Quorum
One-third (1/3) of the Fellows registered for attendance at any meeting shall
constitute a quorum for the transaction of business at the meeting as long as no less than one-third (1/3) of the total
membership of the Chapter is registered at that meeting. If there is less than a quorum, the meeting shall be adjourned
to another time or date.
2.3. Controlling Vote
Action of the Fellows shall be by majority vote of the eligible Fellows present for
the vote (hereafter "controlling vote").
2.4. Voting Eligibility
a. Only Fellows whose good standing can be certified by the Academy records for
thirty (30) days before a vote are eligible to vote.
b. Voting must be in person and cumulative and bullet voting is not permitted.
2.5. Annual Meeting Agenda
The business transacted at the annual meeting of the fellowship shall include:
a. The election of:
(1) One (1) of the three (3) at-large Managers who each shall
serve a term of three
years (staggered terms);
(2) as required, a Fellow to fill any unexpired term of a Manager. Each contested
position shall be voted upon by written ballot. Election shall be by a majority of the votes cast; and if a majority
vote is not initially obtained, a run-off election(s) shall immediately be held with the candidate receiving the fewest
votes on the prior ballot being eliminated from the ballot, until one receives a majority. In the event of a tie on the
last ballot, the incumbent Managers shall meet to vote on the candidates who were tied, with the candidate receiving a
majority to be deemed elected.
b. The Managers shall report to the Fellows on the activities of the Chapter.
c. Approval of the annual budget for the Chapter.
d. Such other business:
(1) as decided by the Managers or President; or
(2) as may properly come before the meeting.
e. Any item placed on the agenda by petition which is:
(1) received by the Secretary at least sixty (60) days before the meeting; and
(2) signed by three (3) Fellows.
2.6. Special Meetings
a. A special meeting of the Fellows shall be called by the President:
(1) when so directed by the Managers; or
(2) upon the written request of at least twenty-five percent (25%) of the Fellows.
b. The business is limited to the purpose specified in the notice, plus such other
business reasonably related to or necessary for implementation of the specified purpose.
2.7. Notice of Meetings
a. Location, Date and Hour. Every meeting of the Fellows shall be held at a place,
on a date and at a time designated by the Managers.
b. Advance Notice. Written notice of the meetings shall be sent to the Fellows at
least thirty (30) days before a meeting.
c. Content of Notice. The notice shall contain the time, place and date of the
meetings and a proposed agenda. Additional items may be added to the agenda without the need for further notice to the
Fellows so long as the items are reasonably related to or necessary for implementation of an agenda item.
2.8. Meeting Fees
The Managers may fix reasonable registration and other fees for all meetings of the
Fellows.
Article III. BOARD OF MANAGERS
3.1. Powers and Duties
The Board of Managers shall:
a. do all things necessary to operate as the internal legislative and governing
body of the Chapter;
b. at its annual meeting, adopt a proposed budget for the following fiscal year to
be submitted to the Chapter for approval by the Fellows at the annual meeting;
c. authorize the expenditure of all money appropriated by the Managers for the use
or benefit of the Chapter and may encumber reserves for specific future projects;
d. order an annual review or certified audit of all Chapter accounts;
e. have the discretion to:
(1) provide for publication of a newsletter, journal or digest; and
(2) determine and set editorial policy;
f. make recommendations to the Academy for disciplinary actions to be taken against
Fellows; and
g. subject to approval from the Academy, raise funds from the Fellows by levying
annual dues and assessments, as it may, from time to time, deem necessary or advisable. However, within a class of
Fellows, no Fellow may be required to pay more dues and assessments than any other Fellow.
3.2. Composition of Board of Managers
The Managers shall be composed of the following Fellows:
a. the Officers;
b. three (3) at-large Fellows;
3.3. Quorum and Voting
A quorum consisting of a majority of the Managers shall be required to conduct its
business. Action of the Managers shall be by majority vote of those members present. Absentee and proxy voting is not
permitted.
3.4. Meetings of the Managers
a. The Managers shall hold at least two (2) regular meetings each year. One meeting
shall follow the annual meeting of the Fellows and another meeting shall be held at a time and place designated by the
Executive Committee.
b. The President may, or upon the written request of at least three
(3) Managers
shall, call a special meeting of the Managers at such other time and place as the President shall designate after oral
or written consultation with members of the Executive Committee.
c. Minutes of all meetings shall be kept and mailed to each Manager within sixty
(60) days of each meeting.
d. Fellows shall be notified of and permitted to attend regular Manager meetings
and, at the ruling of the President, to speak on pending issues.
Article IV. ELECTED OFFICERS AND
MANAGERS
4.1. Elected Offices
At its annual meeting, the Managers shall elect:
a. a President-Elect, a Secretary and a Treasurer who shall each serve a term of
one (1) year.
b. beginning in 1999, a Chapter Delegate to serve on the Board of Governors for a
term of three years.
c. as required, a Fellow to fill any vacancy in the office of President-Elect,
Secretary, Treasurer or Manager.
4.2. President-Elect
The President-Elect shall automatically succeed to the office of President, serve a
term of one (1) year and may not again succeed to or serve as President. In the event that the office of President-Elect
is vacant, then a President shall be elected in the manner set forth in Article IX.
4.3. Concurrent Offices
No Fellow may be nominated for, elected to or serve concurrently in more than one
(1) of the positions referenced in 3.2.
4.4. Eligibility for Office
a. Only Fellows eligible to vote, pursuant to 1.5 and 2.4.a., shall be eligible for
office.
b. No Fellow may continuously serve as an at-large Manager for longer than an
incomplete term and two (2) full three-year terms.
c. After any three-year period, during which a Fellow is unable to serve because of
the provisions of the preceding paragraph, a Fellow is then again eligible to serve the specified terms.
d. The service of a full term is not to be deemed to have been interrupted by
reason of resignation from office or disqualification pursuant to 10.3.
4.5. Time, Place and Method of Election
a. The President shall have the place and approximate time of all required
elections stated in the official notice of the annual meeting of the Fellows and of the Managers.
b. Each contested position shall be voted upon separately by written ballot and
cumulative, absentee, bullet and proxy voting is not permitted.
c. Election shall be by a majority of the votes cast, and if a majority vote is not
initially obtained, a run-off election(s) shall immediately be held with the candidate receiving the fewest votes on the
prior ballot being eliminated from the ballot, until one receives a majority.
d. In the event that only one Fellow is nominated for any position to be filled,
election shall be by one vote cast by the secretary.
4.6. Term of Office
The term of all offices shall begin with the adjournment of the annual meeting of
the Chapter following the election and end following the annual meeting at which a successor has been duly elected. If,
at the close of any term of office, a successor has not been elected, then the term of that office is extended until a
successor is elected.
Article V. OFFICERS
5.1. Officers
The Officers of the Chapter shall be the President, President-Elect, Secretary,
Treasurer and Immediate Past President.
5.2. President
The President shall:
a. preside at all meetings of the Fellows, Managers and Executive Committee;
b. appoint the committee chairs and members of all committees who are to serve
during the President's term subject to approval of the Managers, except as otherwise provided in these Regulations;
c. plan the goals and objectives of the Chapter subject to the directions and
approval of the Managers;
d. carry out decisions of the Managers, supervise the performance of all activities
of the Chapter and keep the Managers duly informed;
e. report to the Fellows at the annual meeting on the status and activities of the
Chapter;
f. perform such other duties and acts as may be designated by the Managers; and
g. generally supervise the administration of the Chapter.
5.3. President-Elect
The President-Elect shall:
a. except for committees otherwise constituted in these regulations, appoint, in
consultation with the President, the committee chairs and members of all committees who are to serve during the
President-Elect's coming term as President;
b. assist the President in the performance of the President's responsibilities in
such manner and to such extent as the President may request;
c. perform such further duties and have such further powers as may be designated by
the Managers or the President;
d. perform the duties of the President:
(1) in the event of the President's death, disqualification or resignation for the
remainder of the President's term; or
(2) in the event of the President's absence or disability, for the length of the
absence or disability;
e. plan and supervise the Chapter's educational program for its annual meetings and
for any other meeting of the Fellows which may occur during the President-Elect's term as President;
f. supervise the planning of any regional meetings, subject to direction and
approval of the Managers;
g. submit to the Managers at the annual meeting a proposed Chapter budget for the
following fiscal year and
h. serve as chair of the Board of Examiners.
5.4. Secretary
The Secretary shall:
a. be the liaison between the Managers and Chapter staff regarding the retention
and maintenance of books, papers, documents and other property pertaining to the work of the Chapter;
b. keep a true record of the proceedings of all meetings of the Fellows, Managers
and Executive Committee whenever assembled; and
c. give all notices, as required by the rules and regulations.
5.5. Treasurer
The Treasurer shall:
a. keep an accurate record of all money appropriated and expended by the Chapter;
b. monitor all accounts, reports and other documents prepared in connection with
Chapter funds, revenues and expenditures and seek to make certain that these accounts, reports and documents are
accurate;
c. report the present and projected financial condition at each meeting of the
Fellows and Managers and, at the request of the President, at meetings of the Executive Committee;
d. advise if an action or proposed action of the Officers, Managers or Executive
Committee would have a significant impact on the financial condition of the Chapter;
e. before the annual meeting, prepare for the President-Elect a projected Chapter
budget which would be operative during the coming year;
f. prepare such other financial recommendations and special reports as may be
requested by the President; and
g. perform other duties incident to the office including but not limited to the
preparation of any required tax or information returns.
5.6. Immediate Past President
The Immediate Past President shall assist and consult with the President in
connection with all ongoing Chapter programs and committee assignments and shall perform such further duties as may be
designated by the President or the Managers.
Article VI. EXECUTIVE COMMITTEE
6.1. Composition
The Executive Committee shall consist of the officers specified in 5.1.
6.2. Powers and Duties
Unless performance thereof can be reasonably deferred to the next meeting of the
Managers, the Executive Committee shall have full power to perform all acts which the Managers might perform.
6.3. Meetings
a. The Executive Committee may meet by telephone (either conference call or
serially), mail, electronic mail, fax, telex or in person.
b. Upon giving advance notice of at least forty-eight (48) hours to each member of
the Executive Committee, a meeting of the Executive Committee may be called by the President or by any three (3) other
members of the Executive Committee. Notice may be in writing by prepaid certified mail, courier delivery, electronic
mail, fax, telex, telephone or other actual notice (to be confirmed in writing within forty-eight (48) hours) setting
forth the day, time and place of the meeting.
c. Action of the Executive Committee shall be by a majority vote of its members.
Absentee and proxy voting is not permitted, unless the meeting is not in person.
d. Minutes shall be kept of all meetings and the minutes or a summary of the
minutes mailed to each Manager within twenty-one (21) days after each meeting.
Article VII. BOARDS
7.1. Title
The permanent boards of the Chapter are the Board of Examiners and the Board of
Review.
7.2. Board of Review
a.(1) The Board of Review shall consist of the Immediate Past President, the
President Elect, the three (3) at-large members of the Managers who are not presiding officers and who shall be
appointed by the President for one-year terms.
(2) In the event a member of the Board of Review declines or is unable to serve,
the President shall appoint another Fellow to serve.
b. In the event a hearing is commenced by the Board of Review, those then serving
shall complete the proceeding even if their term of office expires in the meantime, if a member dies, resigns or becomes
disqualified, or if a Manager becomes an Officer.
c. The Board of Review is the judicial body of the Chapter. The Board of Review
may, after preliminary inquiry, upon application by the Managers, Executive Committee, a Fellow or the Academy, or on
its own, make inquiry into the conduct of any Fellow of the Chapter, hold hearings on such matters and render findings,
opinions and recommendations to the Managers.
d. The Board of Review:
(1) may render opinions on any question of ethics requested by Fellows of the
Chapter, whether or not there shall be a current dispute involving said question, but no opinion shall be given on a
matter in litigation;
(2) shall hear disputes between its Fellows and the Chapter and make
recommendations to the Managers for the resolution of such disputes; and
(3) shall also hear such other matters as are submitted to it by the Managers for
its consideration and opinion.
e. Recommendations, findings or opinions submitted by the Board of Review to the
Managers shall specify the number of votes for or against each proposition. Minority or concurring findings, opinions
and recommendations may also be made.
7.3. Board of Examiners
a. The Board of Examiners shall consist of the President-Elect and four (4)
at-large Fellows appointed by the President, each to serve a four-year term, with one (1) Fellow appointed each year in
staggered terms. The President-Elect shall serve as chair of the Board of Examiners unless the President-Elect appoints
someone else to serve as chair from the members of the Board of Examiners.
b. The Board of Examiners shall, subject to policies established by the Board and
the managers, as approved by the Board, set, apply and administer the specific standards, criteria and admission
procedures for admission to Fellowship.
7.4. Reports
Each permanent board shall, on an annual basis, submit, through the Secretary, a
report on its activities to the President and the Managers.
Article VIII. COMMITTEES
8.1. Committees
a. Each committee of the Chapter shall be established and authorized by the
Managers or by the President with approval of the Managers and such committee shall be responsible to the Managers,
except for those committees specifically constituted otherwise.
b. Committees have no policy-making power and may not exercise the authority of the
Managers.
8.2. Appointment of Chairs and Members of Committees and Boards
a. No later than the close of the annual meeting of the Managers, the President or,
if outgoing, the President-Elect shall (except for those committees and boards otherwise constituted) designate the
members and the Chair of each standing committee and permanent board of the Chapter for the following year.
b. The members and Chairs designated pursuant to 8.2.a, shall:
(1) serve co-terminus with the President or President-Elect, as the case may be,
who appointed them;
(2) serve at the pleasure of the President; and
(3) be Fellows, unless otherwise designated by the Managers.
8.3. Report
Each committee shall submit through the Secretary, an annual report of its
activities to the Managers with a copy to the President, such report to be available to the Fellows at their annual
meeting.
Article IX. NOMINATIONS
9.1. Composition of Nominating Committee
a. No later than forty-five (45) days after the close of the annual meeting, the
President shall appoint a Nominating Committee of at least three (3) Fellows as provided below who, if they accept
appointment, cannot at the next election, be candidates for elective office.
b. The members shall include a Past President (of if none, then the President), the
President-Elect (who shall serve as Chair), and three (3) Fellows one of whom is not currently a Manager and one of whom
is currently a Manager.
c. The names and addresses of the members of this committee shall either be
published in the next issue of the Chapter newsletter or sent to each Fellow within the next thirty (30) days.
d. The President may fill any vacancy which may thereafter arise in the Nominating
Committee by appointing an appropriately qualified Fellow or, if the vacancy is in the President-Elect's position, by
appointing a past President.
9.2. Report of the Nominating Committee
a. The Nominating Committee, no later than ninety (90) days prior to the annual
meeting in each year, make its report by nominating one Fellow for each position:
(1) which is to be filled by election as provided elsewhere in these regulations;
and
(2) which has been vacated and which has a remaining unexpired term.
b. The report shall identify each nominee and include a brief statement of each
nominee's activities in the Academy, the Chapter and, generally, in the legal profession.
c. The President shall have the report of the Nominating Committee placed in the
next issue of the Chapter newsletter or notice sent to each Fellow not later than seventy-five (75) days before the
annual meeting.
9.3. Criteria for Nomination
Generally the Nominating Committee shall select those who it determines are the
most able Fellows available for service to the Chapter, consistent with an attempt to attain wide representation and
participation.
9.4. Nominations by Petition
a. Additional nominations for any position to be filled by election may be made by
petition which is signed by not less than one third (1/3) of the Fellows.
b. The petition shall:
(1) state that the Fellow nominated has consented to the nomination; and
(2) be sent to the President so that it is received not less than forty-five (45)
days before the annual meeting.
c. The President shall immediately advise the Nominating Committee, the other
candidates and the Managers of all nominations made by petition.
d. The Secretary shall publish a notice of all contested elections either in an
issue of the Chapter newsletter or notice sent to the Fellows not later than thirty (30) days before the annual meeting.
e. A petition for nomination may be submitted to the President at any time during
the year, so long as it complies with 9.4.a. and b.
f. In case of a contested election, the notice referenced in 9.4.d. shall state the
name, address and a brief statement of each candidate's activities in the Academy, the Chapter and, generally, in the
legal profession.
Article X. SUCCESSION OF
OFFICERS AND VACANCIES
10.1. President-Elect
The President-Elect, unless the President-Elect resigns or becomes disqualified or
disabled from acting as President-Elect, shall serve for a term of one (1) year beginning with the adjournment of the
annual meeting during which the President-Elect shall have been elected and, thereupon shall automatically become the
President and is not again eligible for either office.
10.2. Filling Vacancies of Officers and Managers
Between annual meetings, the Managers may fill vacancies which have occurred as a
result of election to another position, death, disqualification, disability, absence or resignation in its own
membership or in the offices of Secretary or Treasurer. The Managers and officers so appointed shall serve until the
next annual meeting.
10.3. Disqualification
a. If an officer or Manager fails to attend two (2) meetings of the Managers in a
Chapter year during years in which there are only two (2) meetings of the Managers or if he or she fails to attend
two-thirds (2/3) of the meetings of the Managers in Chapter years in which there are more than two (2) meetings of the
Managers without reasonable excuse, the issue of whether that person may continue in office shall be the first item on
the agenda at the next meeting of the Managers. For purposes of this paragraph, Chapter year shall begin with the
meeting of the Managers at the Annual Meeting of the Chapter and run until immediately before the meeting of the
Managers at the next Annual Meeting of the Chapter.
b. That person, or that person's designee, shall be given the opportunity to
explain to the Managers, either in person or in writing, why the Managers should excuse the absences.
c. The issue shall then be treated as a motion to remove and may be debated.
d. If the vote on the motion is in the affirmative by a majority of two-thirds
(2/3), that Fellow (who may not vote on this motion) shall thereupon be removed from and disqualified from serving in
the position held.
Article XI. REPRESENTATION
OF CHAPTER POSITION
Any position to be taken on behalf of the Chapter must be approved by the Managers
or its designee.
Article XII. AMENDMENTS
12.1. Vote to Amend.
These regulations may be amended or repealed at any meeting of the Managers by a
two-thirds (2/3) vote of those present, the notice for which contained an intention to act thereon. Thereafter, they may
take effect only upon approval by the Board of Governors of the Academy.
12.2. Notice.
The proposed amendment shall first have been presented in writing at a previous
meeting of the Managers, the notice for which contained an intention to act thereon.
12.3. Amended Wording.
Before adoption at the second Managers meeting which considers the proposed
amendments, the wording, but not the substance, may be altered or amended.
Article XIII. PARLIAMENTARY
AUTHORITY
13.1. Parliamentarian.
The President may appoint another Fellow to serve as Parliamentarian. The
Parliamentarian shall attend all Managers meetings and may attend, at the request of the President, the Executive
Committee meetings and assist the President.
13.2. Roberts Rules of Order.
In parliamentary situations that are not covered by these bylaws, Roberts Rules of
Order, newly revised, as interpreted by the Parliamentarian and the Managers, shall be the parliamentary authority to
govern meetings of the Fellows, Managers and Executive Committee.
Article XIV. COMPENSATION
No salary or compensation for services shall be paid to or by any Fellow except as
may be specifically authorized by the Managers.
Article XV. FINANCES
15.1. Fiscal Year
The fiscal year shall be the same as that of the Academy.
15.2. Funds
All checks, drafts or other orders for payment of money, notes or other evidence of
indebtedness issued in the name of the Chapter, shall be signed by such officer(s) or agent(s) of the Chapter and in
such manner as shall from time to time be determined by resolution of the Managers. In the absence of such
determination, such instruments shall be signed by the Treasurer.
15.3. Deposits
All funds of the Chapter shall be deposited from time to time to the credit of the
Chapter in such banks, trust companies or other depositories as the President may select with the consent of the
Executive Committee.
Article XVI. RECORDS
The Chapter shall:
a. keep correct and complete books and records of account; and
b. keep minutes of the proceedings of its Managers and Executive Committee.
Article XVII. AWARDS
The Managers may provide for the granting of awards for outstanding service,
scholarship or other contribution to advancing the purposes of the Chapter or in the field of matrimonial law.
Article XVIII. INDEMNIFICATION
For so long as the Chapter is covered by liability insurance provided by the
Academy, the Chapter shall indemnify and hold harmless each Manager, elected or appointed Officer, committee member or
other bodies who serve or served the Chapter, from and against any and all claims and liabilities to which they may be
or become subject by reason of service or acts on behalf of the Chapter and shall reimburse each such person for all
legal and other expenses reasonably incurred in defending against any such claim or liability other than those arising
from that person's or body's own willful misconduct but such indemnification is limited to the extent of Academy
liability insurance coverage. These are in addition to rights to which each person or body is otherwise entitled.
Article XIX. TRANSITIONAL RULES
19.1. Interim Procedures
a. Notwithstanding provisions in the regulations to the contrary, the officers
elected in 1997 shall continue to serve in 1998 and shall serve full terms.
b. At the 1998 annual meeting three (3) Fellows shall be elected to serve in the
at-large positions of the Board of Managers (2.5a(1) and 3.2b) with one Fellow elected to a full three-year term, one
Fellow elected to a two-year term and one Fellow elected to a one-year term.
c. The 1998 President shall appoint one (1) Fellow to serve a full four-year term,
one (1) Fellow to serve a three-year term, one (1) Fellow to serve a two-year term and one (1) Fellow to serve a
one-year term on the Board of Examiners (7.3a).
19.2. Deletion of Transitional Rules
Upon appointments being made and procedures completed pursuant to 19.1, Article XIX
shall be deleted from these regulations.
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