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Criminal Justice Bylaws
This section shall be known as the Criminal Justice Section of the Tennessee Bar Association (TBA), hereinafter referred to as the "Section."
Purposes and Duties
The purpose of the section shall include:
(a) to facilitate and establish better working relationships and communications between judges, prosecuting attorneys, private counsel, and public defenders, both at the state and federal levels, and with others who are part of the Tennessee criminal justice community;
(b) to enhance and increase the professional skill of its members through the dissemination of information and material on subjects of mutual interest and concern, and to provide for a medium through which the members may cooperate, encourage, and assist each other in the solution of problems common to the practice of criminal law and in such related fields, to the mutual benefit and improvement of the members of the Section;
(c) to assist, when called upon by the Board of Governors of the TBA, in the formation, administration, and implementation of programs, forums, and other activities for the education of the members of the TBA in these related fields;
(d) to act upon all matters germane to its purposes as so described or referred to it by the Board of Governors;
(e) to make resolutions and recommendations to the Board of Governors; and
(f) to serve as spokespersons for the TBA on matters and legislation impacting upon the criminal justice community of the TBA. The purposes of this section shall be accomplished through its executive committee, officers and committees by utilizing publications, meetings, seminars, projects and other suitable means to this end, thereby promoting the objectives of the TBA and the membership thereof.
Membership and Dues
Any member of the TBA, upon proper application accompanied by advance payment of annual dues for the current year shall be entitled to enrollment as a member of this section. The term of the membership in the section shall be for a period of one year.
The annual dues of the section shall be $25 payable to the TBA at its headquarters in Nashville. Annual dues shall be paid in advance and are payable on the first day of July of each year for the 12-month period beginning on that date. The name of any person whose annual dues shall be more than six months past due shall be dropped from the roles of the section.
Those members of the TBA whose names are carried on the roles of the section, and whose annual dues are paid in full in advance, shall constitute the membership of the section. All funds so collected shall be deposited to the general operating funds of the TTBA for future use by the section, and the accumulation of these funds shall be subject to approval by the Board of Governors of the TBA.
The section shall be governed by an executive committee. The executive committee shall assist the Board of Governors in matters relating to the section, and all other matters referred to the executive committee by the section chair and/or the TBA Board of Governors. The executive committee shall supervise and direct the affairs and policies of the section, subject to and in accordance with these bylaws, policies of the Board of Governors, and the rules and regulations of the TBA.
The executive committee shall consist of nine members to be elected by the membership of the section. Nominations for such positions may be made by the executive committee acting as a nominating committee, or by written petition signed by at least 20 members of the section. Petitions for such nominations shall be submitted to the executive committee at least 30 days prior to the annual meeting of the TBA each year. Each member of the executive committee shall receive no compensation for services. The chair and immediate past chair of the section shall automatically serve as full voting members of the executive committee.
§3 Term of Office
Members of the executive committee shall serve for a period of one year, and may be elected to serve unlimited consecutive terms of office.
Meetings of the executive committee may be called by the chair or by a majority of the members of the executive committee. Written notice of such meetings shall be mailed to members of the executive committee at least 10 days prior to such meeting, or notice shall be given by telephone or via facsimile transmission at least three days prior to such meeting. At meetings of the executive committee, the majority of its members shall constitute a quorum for the transaction of any business of the committee.
The officers of this section shall be a chair, a vice chair (who shall also be the chair elect), a secretary and a treasurer. The executive committee has heretofore elected the initial chair, vice chair, treasurer, and secretary. In years hereafter, commencing in calendar year 1993, the executive committee shall elect a vice chair, secretary and treasurer from among the committee members, each of whom shall at the time of assuming such office have served at least one year as a member of the executive committee.
The chair elect, newly elected vice chair, treasurer, and secretary shall assume the duties of their respective offices on the last day of the annual meeting of the TBA following their election, and shall continue in office until their successors are elected and assume office. In the event of vacancy among the officers, the executive committee shall elect a successor to fill the unexpired term.
The chair shall preside at all meetings of the section and the executive committee, and shall administer the affairs of the section and committee subject to and in accordance with the rules and regulations of the TBA and policies of the Board of Governors, and these bylaws. The chair shall serve as an ex-officio member of all section committees.
The vice chair shall perform all the duties of the chair during the absence or inability of the chair to act, and when so acting, shall have all the powers of the chair, and be subject to all the restrictions upon the chair. The vice chair shall succeed to the office of chair the year following his or her election as vice chair. The vice chair elected shall be an attorney practicing criminal law in the state of Tennessee.
The secretary shall keep minutes of meetings of the section and executive committee, and make suitable arrangements for annual meetings. The secretary shall see to the publication of the appropriate notices of all meetings, and shall oversee the publication of newsletters relating to the section.
The treasurer shall account for all funds of the section and shall prepare and submit the budget for the section to the TBA.
§1 Standing Committees
There shall be the following standing committees: Program Committee, Budget and Finance Committee, Membership Committee, Publications Committee, and Legislative Committee.
The Executive Committee shall have the power to create other standing committees from time to time and such other standing committees shall serve at the pleasure of the executive committee.
Each standing committee shall have a chair and a vice chair and such other officers as may be required who shall be selected by, and serve at the pleasure of, the executive committee. Such officers shall have such powers and duties as the executive committee may from time to time determine.
§3 Ad Hoc Committees
The chair of the section shall have the power, without the need for executive committee approval, to appoint such ad hoc committees as are necessary for the purpose of furthering the objectives of the section.
§4 Members of the Committees
The members of the standing and ad hoc committees shall be selected from the members of the section. The executive committee may, on recommendation of any standing or ad hoc committee, remove or replace any committee member who shall fail to attend two consecutive committee meetings.
§1 Meetings and Notices
There shall be a section meeting at the time and place of the annual meeting of the TBA. The section may also hold such other meetings as may be called by the chair and/or the executive committee upon notice given to the members of the section at least 10 days prior to the meeting. Notice of the meetings shall be given by mail, via telephone, via facsimile, or in an official publication of the TBA.
The members of the section present at any meeting shall constitute a quorum for the transaction of business.
All binding action of the section shall be by majority vote of the members present.
Fiscal Matters and Reports
§1 Fiscal Year
Fiscal year of the section shall be the same as that of the TBA.
No invoice, statement, or other evidence of expenditure on behalf of the section shall be forwarded to the treasurer of the section or the treasurer of the TBA for payment without having been approved by the chair or the treasurer.
§3 Expenditure of Funds
The executive committee shall determine and approve expenditure of funds in furtherance of its activities consistent with these bylaws and the constitution of the TBA, provided, however, that no expenditures of funds in excess of those actually on hand may be made, nor may any such expenditure obligate the TBA in any financial matter.
§4 Annual Report
An annual report of the activities of this section shall be submitted to the Board of Governors and the president of the TBA. In addition, such other reports as may be requested by the Board of Governors or the president of the TBA will be submitted in a timely manner.
§1 Tennessee Bar Association
No action of this section shall become effective as the action of the TBA until it is approved by the TBA Board of Governors. All programs, procedures, and policies of the section shall be subject to review by the Board of Governors.
The executive committee may determine and provide for the publication and distribution of a newsletter or other publications of the section in the furtherance of its objectives.
§3 Continuing Legal Education
All continuing legal education programs, except such publications as the section may be authorized to publish, shall be conducted in consultation with the Continuing Legal Education Committee of the TBA in order that the TBA may continue to coordinate continuing legal education programs so as to provide the greatest possible benefit to all members of such association.
These bylaws may be amended at any annual meeting of the section consistent with the constitution and bylaws of the TBA by a majority vote of the members of the section present and voting, provided that such proposed amendment shall have been, or shall be, approved by a majority of the executive committee. Upon such approval by the section, such amendments shall be presented for approval to the Board of Governors of the TBA and no amendment so adopted shall be effective until so approved.
These bylaws shall become effective upon approval of a majority of those present at the organizational meeting of the section held in January 1992, and approval of the TBA Board of Governors.
These bylaws were approved by the TBA.