Amends Article 3 of the Constitution Regarding Membership Issues
Amends Article 3 of the Constitution, and Article 21 and §31.7 of the Bylaws regarding membership issues.
Amends §3.3 (a) of the Constitution to read as follows: (additions underlined; deletions struck-through):
§3.3 Termination of Membership. (a) A member may resign from the Association at any time effective upon receipt of the member’s written resignation at Association headquarters.
…
Comment: As a practical matter, the ABA receives terminations by way of multiple channels, including in-person and by telephone. We wish to update the language to accommodate all notification methods.
Amends §21.1of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.1 Application for Membership. Any eligible person may file with the Secretary an application for membership in the Association in the form prescribed by the Board of Governors. The Board may require the applicant to furnish additional information and may otherwise inquire into the applicant’s qualifications. A willful and material misstatement by the applicant is cause for rejecting the application or, if the applicant has been admitted to membership, for expulsion.
Comment: The Secretary no longer receives applications for membership.
Amends §21.7of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.7 Law Student and Law School Graduate Members. (a) A law student who is otherwise ineligible for Association membership may apply for law student membership under rules prescribed by the Board of Governors in consultation with the Council of the Section of Legal Education and Admissions to the Bar and the Law Student Division. Dues for law student members must be paid as prescribed by the House of Delegates Board of Governors.
(b) A law school graduate who is otherwise ineligible for Association membership because that person has not yet been admitted to the bar of a state, territory or possession may apply for law school graduate membership under rules prescribed by the Board of Governors in consultation with the Council of the Section of Legal Education and Admissions to the Bar. Dues for law school graduate members must be paid as prescribed by the Board of Governors.
(c) Both A law student members and law school graduate members:
(1) may not participate in electing a State Delegate or a Delegate-at-Large;
(2) may not participate in nominating a member of the Board or an officer of the Association, and may not serve as an officer of the Association;
(3) may not vote in Association elections other than while serving as a delegate in the House;
(4) may not sign a petition for or vote in an Association referendum; and
(5) may participate in other activities of the Association as authorized by the House.
(c) A law student member who is admitted to the bar of a state, territory or possession of the United States is entitled to the full privileges of membership in the Association without payment of dues accruing during the twelve‑month period beginning with the date of enrollment as a member of the Association.
Comment: The Membership Committee proposes to clarify the existing definition of law student category to encompass both current law students and those that have recently graduated from an ABA accredited law school but have not yet been admitted to practice.
Amends §21.9 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.9 Default in Payment of Dues. A person whose dues are six months in default delinquent by a period set by the Board of Governors shall ceases to be a member of the Association.
Comment: The current policy of carrying unpaid members for 6 months has financial implications for the ABA. The Membership Committee believes that a shorter delinquency period would reduce costs and preserve ABA benefits for those that pay for them. We propose that the Board of Governors set the delinquency period.
Amends §21.10 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.10 Reinstatement of Members. A person whose membership has terminated may be reinstated only upon a new application and admission. payment of all delinquent dues.
Comment: In practice, those members recently dropped for non-payment of dues may pay all delinquent dues and retain their original ABA join date.
Amends §21.11 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.11 Certificate of Membership. Each member shall be given a certificate of membership in the Association.
§21.12 11 Associates. Persons who are ineligible to be members or Law Student members of the Association may qualify as associates if they are in one of the following classifications, have never been disbarred or suspended from the practice of law in any jurisdiction, are of good moral character, and satisfy such further eligibility requirements as may be approved by the Board:
…
Comment: Membership certificates are no longer provided as a general rule.
Amends §31.7 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§31.7 Designation, Jurisdiction, and Special Tenures of Standing Committees. The designation, jurisdiction, and special tenures of standing committees are as follows:
Membership. (a) The Standing Committee on Membership, which consists of ten members, shall encourage applications for membership in the Association and formulate plans for maintaining and increasing membership.
(b) In making appointments to the Committee, the President shall consider diversity in geographical area.
(c) The President shall also appoint one or more Association members in each state as state chair of membership to conduct the membership program of the Association in that state in coordination with the Standing Committee on Membership. The term of each person so appointed ends with the adjournment of the third annual meeting after appointment, except that the term of an appointment of a person to fill a vacancy ends with the end of the term in which the vacancy occurred. A state chair may serve for two three successive three‑year terms and no longer, except that earlier service under an appointment to fill a vacancy may shall not be counted.
(d) The Committee may invite the chair or co‑chair for membership of the Young Lawyers Division and the national chair for membership of the Law Student Division to attend any of its meetings, and reimburse their incurred expenses as if they were members of the Committee.
Comment: The Standing Committee on Membership seeks to clarify the policy regarding state membership chairs. As some state delegates currently serve as state membership chairs, we propose changing the term length from two to three terms to be consistent with the term length of state delegates.
Amends Article 3 of the Constitution, and Article 21 and §31.7 of the Bylaws regarding membership issues.
Amends §3.3 (a) of the Constitution to read as follows: (additions underlined; deletions struck-through):
§3.3 Termination of Membership. (a) A member may resign from the Association at any time effective upon receipt of the member’s written resignation at Association headquarters.
…
Comment: As a practical matter, the ABA receives terminations by way of multiple channels, including in-person and by telephone. We wish to update the language to accommodate all notification methods.
Amends §21.1of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.1 Application for Membership. Any eligible person may file with the Secretary an application for membership in the Association in the form prescribed by the Board of Governors. The Board may require the applicant to furnish additional information and may otherwise inquire into the applicant’s qualifications. A willful and material misstatement by the applicant is cause for rejecting the application or, if the applicant has been admitted to membership, for expulsion.
Comment: The Secretary no longer receives applications for membership.
Amends §21.7of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.7 Law Student and Law School Graduate Members. (a) A law student who is otherwise ineligible for Association membership may apply for law student membership under rules prescribed by the Board of Governors in consultation with the Council of the Section of Legal Education and Admissions to the Bar and the Law Student Division. Dues for law student members must be paid as prescribed by the House of Delegates Board of Governors.
(b) A law school graduate who is otherwise ineligible for Association membership because that person has not yet been admitted to the bar of a state, territory or possession may apply for law school graduate membership under rules prescribed by the Board of Governors in consultation with the Council of the Section of Legal Education and Admissions to the Bar. Dues for law school graduate members must be paid as prescribed by the Board of Governors.
(c) Both A law student members and law school graduate members:
(1) may not participate in electing a State Delegate or a Delegate-at-Large;
(2) may not participate in nominating a member of the Board or an officer of the Association, and may not serve as an officer of the Association;
(3) may not vote in Association elections other than while serving as a delegate in the House;
(4) may not sign a petition for or vote in an Association referendum; and
(5) may participate in other activities of the Association as authorized by the House.
(c) A law student member who is admitted to the bar of a state, territory or possession of the United States is entitled to the full privileges of membership in the Association without payment of dues accruing during the twelve‑month period beginning with the date of enrollment as a member of the Association.
Comment: The Membership Committee proposes to clarify the existing definition of law student category to encompass both current law students and those that have recently graduated from an ABA accredited law school but have not yet been admitted to practice.
Amends §21.9 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.9 Default in Payment of Dues. A person whose dues are six months in default delinquent by a period set by the Board of Governors shall ceases to be a member of the Association.
Comment: The current policy of carrying unpaid members for 6 months has financial implications for the ABA. The Membership Committee believes that a shorter delinquency period would reduce costs and preserve ABA benefits for those that pay for them. We propose that the Board of Governors set the delinquency period.
Amends §21.10 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.10 Reinstatement of Members. A person whose membership has terminated may be reinstated only upon a new application and admission. payment of all delinquent dues.
Comment: In practice, those members recently dropped for non-payment of dues may pay all delinquent dues and retain their original ABA join date.
Amends §21.11 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§21.11 Certificate of Membership. Each member shall be given a certificate of membership in the Association.
§21.12 11 Associates. Persons who are ineligible to be members or Law Student members of the Association may qualify as associates if they are in one of the following classifications, have never been disbarred or suspended from the practice of law in any jurisdiction, are of good moral character, and satisfy such further eligibility requirements as may be approved by the Board:
…
Comment: Membership certificates are no longer provided as a general rule.
Amends §31.7 of the Bylaws to read as follows: (additions underlined; deletions struck-through):
§31.7 Designation, Jurisdiction, and Special Tenures of Standing Committees. The designation, jurisdiction, and special tenures of standing committees are as follows:
Membership. (a) The Standing Committee on Membership, which consists of ten members, shall encourage applications for membership in the Association and formulate plans for maintaining and increasing membership.
(b) In making appointments to the Committee, the President shall consider diversity in geographical area.
(c) The President shall also appoint one or more Association members in each state as state chair of membership to conduct the membership program of the Association in that state in coordination with the Standing Committee on Membership. The term of each person so appointed ends with the adjournment of the third annual meeting after appointment, except that the term of an appointment of a person to fill a vacancy ends with the end of the term in which the vacancy occurred. A state chair may serve for two three successive three‑year terms and no longer, except that earlier service under an appointment to fill a vacancy may shall not be counted.
(d) The Committee may invite the chair or co‑chair for membership of the Young Lawyers Division and the national chair for membership of the Law Student Division to attend any of its meetings, and reimburse their incurred expenses as if they were members of the Committee.
Comment: The Standing Committee on Membership seeks to clarify the policy regarding state membership chairs. As some state delegates currently serve as state membership chairs, we propose changing the term length from two to three terms to be consistent with the term length of state delegates.
