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Rules of Procedure of the House of Delegates
of the Tennessee Bar Association
(Revised October 2001)
PURPOSE
The purpose of the House of Delegates shall be to consider, debate and make the policy recommendations on matters of interest and concern to the legal profession. The House shall act on matters brought to its attention by the Board of Governors and shall have the authority to institute consideration of matters on its own initiative. Source: TBA Bylaws Section 23.
RULE I. MEETINGS
1. (a) The House of Delegates shall meet each year at a time prior to the date of each Tennessee Bar Association Board of Governors meeting, at a location to be determined by the Speaker of the House. Additional meetings may be held at other times and places as the House may determine.
(b) Special meetings of the House may be called by the Speaker of the House on such date, at such time and place, and for such purposes as may be approved by the Board of Governors, by the President of the Association, by the Speaker of the House or by the House. Special meetings of the House may also be called by the Secretary upon the receipt of a petition signed by ten (10) Delegates of the House setting forth therein the purposes and need for such meeting, which meeting shall be called on such date and at such time and place as approved by the Board of Governors, by the President of the Association or by the Speaker of the House.
2. Notice in writing of the date, place and time of the annual meeting and, in case of a special meeting, the purposes for which the meeting is called, shall be mailed, not less than fifteen (15) days prior thereto, to each Delegate entitled to vote at the meeting. In lieu of a separate notice, the notice may be printed in an issue of the Tennessee Bar Journal or the Tennessee Lawyer mailed to each Delegate entitled to vote, or, if available to the delegate, may be sent by facsimile (fax) transmittal, or computer electronic (e-mail) mail.
3. Not later than five (5) days prior to any meeting of the House, the Secretary shall
cause to be forwarded to the Delegates an agenda of the business of the meeting, but the forwarding of said agenda shall not preclude any appropriate business being considered at the meeting, as determined in the discretion of the Speaker.
4. Meetings of the House shall be open to attendance by members of the Association. Parties other than Delegates attending meetings shall have the privileges of the floor by consent of the House, determined by the majority vote, except as hereinafter provided.
RULE II. PRESIDING OFFICER
1. The Speaker of the House shall preside at meetings of the House. In his or her absence the Deputy Speaker of the House shall preside. In the absence of both the Speaker and Deputy Speaker, then the Delegates attending the meeting shall elect a temporary Speaker, who shall have the same authority as that conferred upon the Speaker.
2. The presiding officer shall preserve order and shall have the power to designate members of the House to aid in so doing. He or she shall require observance of the Rules of the House and shall decide questions of order and procedure, subject to majority vote of the members present. On an appeal by a member from a ruling by the presiding officer, no member shall speak more than once except by unanimous consent of the members present and voting.
3. The Speaker shall sign every resolution and attest every report adopted by the House.
4. The Speaker may, at the opening of each meeting of the House at which he or she is present, make a brief statement of the principal business which he expects to place before the House at such meeting.
5. Proceedings of the House shall be governed by the Bylaws of the Tennessee Bar Association and by the Rules of Procedure of the House, and, where not in conflict therewith, by Robert's Rules of Order.
6. The Executive Director of the Tennessee Bar Association shall attend all meetings of the House.
RULE III. HOUSE RECORD
1. The proceedings of the House shall be stated in its Record maintained by the Secretary. After the adjournment of a meeting, a record of the proceedings shall be kept on file in the office of the Association.
2. Each Delegate shall be responsible for reporting the substance of the proceedings of each meeting of the House to the members of the Association domiciled in the Judicial District which he or she represents, and the majority of the Delegates representing a district may designate one of their number to make such report.
3. The House of Delegates shall report its findings, studies and recommendations to the Board of Governors. Copies of all minutes of meetings of the House shall be furnished each member of the Board of Governors.
RULE IV. THE ORDER OF BUSINESS
1. The order of business of the House shall include the following:
(a) Roll call, by the Secretary, of the membership of the House;
(b) Unfinished business from the preceding day or session;
(c) Special order of business for the day;
(d) Next item on the agenda (election when applicable);
(e) New business.
2. The agenda for each meeting of the House shall include, but not be limited to, any matters which the Board of Governors, the Officers of the House, any Section or any Standing or Special Committee of the Association or House desires to bring before the House.
3. Questions relating to the priority of business shall be decided by the presiding
officer, subject to appeal to the House. Such appeal shall be decided by majority vote of the members present.
RULE V. QUORUM
A quorum of the House shall consist of one-third (1/3) of the voting membership of the House. The presiding officer shall determine whether a quorum is present.
RULE VI. DEBATE AND REPORTS
1. When a member of the House desires to speak, he or she shall rise and address the presiding officer. No member shall speak more than once at the same session upon any one question, unless with the unanimous consent of the House, except that the member who made the motion under discussion shall have the right to close the debate thereon.
2. No person shall speak more than (5) consecutive minutes, without unanimous consent of the House, unless such party is making the report of a Section of the Association or of a Committee of the Association or the House. The speaker for a Section of the Association or of a Committee of the Association or the House may have the privileges of the floor, without vote and may speak, or make a motion, only concerning any report of his or her Section or Committee on any matter within the jurisdiction of his Section or Committee. When a minority report has been filed in connection with a Committee or Section report, one representative of the minority, selected by the minority for that purpose, shall have the privileges of the floor, without vote, to speak not to exceed five (5) minutes, upon the question.
3. At the request of the presiding officer, or of any member, any resolution or motion shall be reduced in writing, in which event such resolution or motion shall be read to the members of the House before it is debated. The presiding officer may require that copies of any resolution be made available to members of the House before a vote is taken thereon.
4. Whenever practicable, copies of each report by a Committee of the Association or the House shall be made available to each member of the House, before or at the time of the presentation of such report. Unless otherwise ordered by the vote of the House or directed by the presiding officer, reports of Sections and Committees of the Association which are distributed in advance, or of which copies are available at the meeting, shall not be read orally in presentation. Should a reading thereof be called and there be objection to the reading, then the question shall be determined by a vote of the House, without debate.
RULE VII. VOTING
Each voting member of the House is entitled to one vote and must be present in person or by telephone or live two-way video to vote. Except where a roll call is ordered, voting shall be by voice, unless the presiding officer is in doubt of the result or a division is requested.
RULE VIII. COMMITTEES OF THE HOUSE
1. The Speaker may appoint such Committees as deemed advisable.
2. For the purpose of furthering the consideration of a subject at any meeting of the House, the Speaker of the House may, in his or her discretion and in advance of such meeting, appoint a special Committee to consider such subject and report its recommendations thereon to the House.
3. Unless otherwise directed by the House as to a particular Committee, the Speaker shall appoint the Committees of the House and shall fill vacancies arising on any Committee of the House.
4. Except where otherwise provided, the members of each Committee of the House shall serve until their successors have been appointed.
RULE IX. OFFICERS
1. No person who has served a full term as Speaker shall be eligible for re- election to such position.
2. OFFICERS. In March of each election year or prior thereto, the Speaker shall appoint a Nominating Committee composed of five (5) House members in good standing. The Committee shall meet and nominate one candidate each for the offices of Speaker, Deputy Speaker and Secretary. Each officer shall serve a two-year term, commencing at the conclusion of the annual meeting. The Committee shall cause its report to be disseminated to the House membership on or before May 1 of the election year. Upon receipt of the report, any member may request that he or she may be considered for election in addition to candidates selected by the Nominating Committee. Such requests shall be honored and the name or names duly placed in nomination. Nominations may also be made from the floor at the annual meeting. At the Annual Meeting, a vote shall be taken and the Officers elected by a majority vote of those members of the House present and voting. If no nominee receives a majority on the initial ballot, all nominees shall be eliminated except the two (2) nominees receiving the highest number of votes on the initial ballot, and the balloting shall continue without delay. Each officer so elected shall serve a two (2)-year term, even if his or her term as a Delegate expires in the interim. The term of office shall commence at the conclusion of the meeting at which elected.
3. COMPOSITION OF THE HOUSE. The House of Delegates shall be composed of members selected in accordance with the Bylaws of the Tennessee Bar Association.
4. DELEGATES.
RULE X. VACANCY
If any position of Delegate or Officer in the House shall become vacant during the period between meetings of the House, by reason of death, resignation or other cause, the Officers of the House shall fill the vacancy.
RULE XI. AMENDMENT OF THE BYLAWS OR RULES
The Rules of Procedures of the House may be amended at any annual or adjourned meeting of the House, or at any special meeting called for that purpose, by a majority vote of those present; or by a majority vote of the Delegates of the House voting after fifteen (15) days' written notice by secret mail ballot, supervised, counted and duly certified by the Officers of the House.
Provisions of the TBA Bylaws Relative to the House of Delegates
23. Purpose. The purpose of the House of Delegates shall be to consider, debate, and make the policy recommendations on matters of interest and concern to the legal profession. The House shall act on matters brought to its attention by the Board of Governors and shall have the authority to institute consideration of matters on its own initiative.
24. Authority. The House of Delegates shall report its findings, studies, and recommendations to the Board of Governors. Copies of all minutes of meetings of the House shall be furnished each member of the Board of Governors.
25. Board Action on Policy Recommendations of the House. The Board of Governors may adopt, reject, or amend the policy recommended by the House of Delegates. The Board of Governors may adopt a policy recommended by the House by majority vote of those present and voting. The Board of Governors may reject or amend a policy recommended by the House of Delegates by a vote of a majority of the voting members of the entire Board.
The president or other principal officer of the association shall be present at each meeting of the House of Delegates to report on Association policy, activities, and other matters.
26. Membership of the House. Every two years in odd years a Delegate shall be elected from each Judicial Circuit to serve for a four-year term with the exception of the sixth, eleventh, twentieth and thirtieth circuits which shall elect two delegates every two years in odd years to serve four-year terms.
Counties in Judicial Circuits as of June 1985
First Judicial Circuit
Carter, Johnson, Unicoi, Washington
Second Judicial Circuit
Sullivan
Third Judicial Circuit
Greene, Hamblen, Hancock, Hawkins
Fourth Judicial Circuit
Cocke, Grainger, Jefferson, Sevier
Fifth Judicial Circuit
Blount
*Sixth Judicial Circuit
Knox
Seventh Judicial Circuit
Anderson
Eighth Judicial Circuit
Campbell, Claiborne, Fentress, Scott, Union
Ninth Judicial Circuit
Loudon, Meigs, Morgan, Roane
Tenth Judicial Circuit
Bradley, McMinn, Monroe, Polk
*Eleventh Judicial Circuit
Hamilton
Twelfth Judicial Circuit
Bledsoe, Franklin, Grundy, Marion, Rhea, Sequatchie
Thirteenth Judicial Circuit
Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, White
Fourteenth Judicial Circuit
Coffee
Fifteenth Judicial Circuit
Jackson, Macon, Smith, Trousdale, Wilson
Sixteenth Judicial Circuit
Cannon, Rutherford
Seventeenth Judicial Circuit
Bedford, Lincoln, Marshall, Moore
Eighteenth Judicial Circuit
Sumner
Nineteenth Judicial Circuit
Montgomery, Robertson
*Twentieth Judicial Circuit
Davidson
Twenty-First Judicial Circuit
Hickman, Lewis, Perry, Williamson
Twenty-Second Judicial Circuit
Giles, Lawrence, Maury, Wayne
Twenty-Third Judicial Circuit
Cheatham, Dickson, Houston, Humphreys, Stewart
Twenty-Fourth Judicial Circuit
Benton, Carroll, Decatur, Hardin, Henry
Twenty-Fifth Judicial Circuit
Fayette, Hardeman, Lauderdale, McNairy, Tipton
Twenty-Sixth Judicial Circuit
Chester, Henderson, Madison
Twenty-Seventh Judicial Circuit
Obion, Weakley
Twenty-Eighth Judicial Circuit
Crockett, Gibson, Haywood
Twenty-Ninth Judicial Circuit
Dyer, Lake
*Thirtieth Judicial Circuit
Shelby
Thirty-First Judicial Circuit
Van Buren, Warren
*The sixth, eleventh, twentieth and thirtieth districts shall elect an additional two Delegates, one for a two-year term and the other for a four-year term with the Delegate receiving the highest number of votes to be designated for the four-year term. Thereafter every two years the additional Delegates from the four said Districts shall be elected for four-year terms.
27. Elections. Election for the position of Delegate shall be as provided for in sections 40 through 46 of the Bylaws.
28. Eligibility. Any member of the Association (except Association Officers), in good standing, shall be eligible to serve as a Delegate. The domicile of any candidate for the position of Delegate shall be deemed to be the county in which his/her principal law office is located at the time of the election.
29. Vacancy of Delegate. If no candidate files a declaration of candidacy for Delegate in a district or if there is no Delegate by reason of death, declination or other cause, the officers of the House of Delegates may fill the vacancy.
30. Term of Office. The term of an elected Delegate shall commence immediately following the adjournment of the annual meeting of the House next following the certification of the election results.
31. Officers. The House of Delegates shall elect from its membership a Speaker, who shall preside over the House, a Deputy Speaker, and a Secretary. Each shall serve a two-year term, even if the officer’s term as a Delegate expires in the interim.
32. Meetings. The annual meeting and additional meetings of the House of Delegates shall be held at times and places as the House shall determine..
33. Bylaws. The House of Delegates shall establish its own rules of procedure, not inconsistent with these Bylaws.
Elections of Officers, Governors and American Bar Association Delegates
40. Notice of Election. A notice indicating the officers, governors and delegates to be elected under these Bylaws shall be contained in general membership publication to be disseminated to the membership at least sixty (60) days prior to February 15 of each year. The Board of Governors may also direct that a separate notice of election be disseminated to the membership, said notice to be received not less than 30 days prior to February 15.
41. Nominations. Nominations for Officers (other than the Secretary and Treasurer and those who automatically succeed to an office) TBA delegate to the ABA House of Delegates and Governors shall be by petition signed by 25 or more members of the Association. Nominating petitions shall be filed with the Executive Director by February 15 preceding the election. Nominations for Delegates to the TBA House of Delegates shall be by a declaration of candidacy filed with the Executive Director by February 15 preceeding the election.
42. Ballots. Whenever a contest for a position of Officer, Governor or Delegate exists, the Executive Director shall cause ballots to be printed substantially in the form required by the ballot law of the State. Each ballot shall list the candidates alphabetically under each office. Whenever there is no contest for an office for which a candidate qualifies, the Board of Governors (in the case of officers, governors, or TBA delegate to the ABA House of Delegates) and the House of Delegates (in the case of delegate to the TBA House of Delegates) shall have the authority to declare that any duly qualified candidate who is unopposed shall be automatically elected and a report of the election disseminated to the membership.
43. Distribution of Ballots for Voting. By April 1, the Executive Director shall mail to every member of the Association eligible to vote in an Officer, Governor or Delegate election an appropriate ballot or ballots. A signature card, a ballot envelope and a return envelope shall be included with the ballot. The return mail envelopes with the ballots shall bear thereon the address of the accountant or accounting firm tabulating the results of the election.
44. Return and Counting of Ballots. Not later than the mailing of the ballot, the Board of Governors or its Executive Committee shall select a certified public accountant or a certified public accounting firm to tally the ballots. Ballots must be returned to the designated accountant or accounting firm. The accounting firm shall be provided by the Executive Director a list of the active members eligible to vote in the Association. The accounting firm shall, at the close of business on the 1st of May, or, if that day be on a Saturday or Sunday, on the following Monday, count the ballots.
45. Certification of Election Results. After the tabulation has been made by the accountant or accounting firm, a report of the count shall be delivered by the accounting firm to the President. If two or more candidates receive an equal number of votes, the winner shall be determined by lot under the supervision of the Board of Governors or House of Delegates respectively. The ballots shall be retained for a period of one-year following any election.
46. Death of a Candidate. Whenever a duly nominated candidate in a contested election for an officer, Governor or Delegate dies after February 15, his or her name shall, nevertheless, be printed on the contested ballot. If he or she receives a plurality of the votes cast, a vacancy shall exist.
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