INDEX
BY-LAWS OF SECTION
I. DUTIES OF
NATIONAL OFFICERS A.
Duties. 1.
Chancellor. The Chancellor’s duties shall be to administer the business
of the national organization; to preside at Annual Membership and National
Council meetings; to call special meetings of the national convention when and
where necessary; to appoint such committees as may be necessary to administer
the business of the national Society, the Annual Convention, the National
Council, and for other such measures as he may deem necessary or expedient, and
to otherwise perform such other duties attendant upon his office. 2.
Chancellor-Elect. The
Chancellor-Elect’s duties shall be to assume and perform such duties as the
Chancellor from time to time may delegate, and to assume and perform all duties
of the Chancellor in case of the Chancellor’s incapacity, death, resignation,
or impeachment. 3.
Vice-Chancellor(s). The
Vice-Chancellors’ duties shall be to perform such duties as the Chancellor
from time to time may delegate. In
the case of the Chancellor’s incapacity, death, resignation, or impeachment
and in the absence of a Chancellor-Elect, the
National Council shall select a Vice-Chancellor to succeed to the Chancellor’s
office for the balance of the elected term. 4.
Secretary. The Secretary’s duties shall be to conduct the Society’s
correspondence; to give notice of Membership and National Council meetings; and
to keep accurate minutes of all Annual Membership and National Council meetings. 5.
Treasurer. The Treasurer’s duties shall be to collect the annual
national dues assessments from the graduate members of the Society and to
deposit said funds in the organization account, to receive all “new member
fees” (graduate and law school); to pay obligations of the national
organization as authorized and approved by the National Council;
to prepare a proposed annual budget for the ensuing year and submit the
same to the appropriate budget committee of the National Council; and at all
times to maintain an accurate account of the finances of the national
organization 6.
Editor. The
Editor’s duties shall be to edit,
publish, and circulate the Summons, the official publication of the Society.
The Editor shall be the Editor-in-Chief of the Summons.
The Editor shall have the power to appoint such associate editors as the
Editor may deem necessary. 7.
Pledgor. The Pledgor’s duties shall be to facilitate the work of
the graduate and law school chapters in pledging and initiating of new members,
and such other duties associated with the induction of new members and
the growth of the organization. 8.
Scholar. The Scholar’s duties shall
be to secure annually from each law school at which a law school chapter is
situated the grades of each member of said chapter; to tabulate and record said
grades; and to administer such
scholarship prizes as the Society may provide. 9.
Historian. The Historian’s duties shall be to compile and
preserve the history of the national organization and the various graduate and
law school chapters. B.
Reporting Requirements 1.
Each National Officer shall submit a written report to the Annual
Convention and to every meeting of the National Council, which report shall
contain a summary of the activities of the officer to date, and any suggestions
or other items of interest to the Society with relation to said office. 2.
The Executive Director shall notify each chapter and each National
Officer of the requirement of the annual report required to be filed by the
chapter or officer not later than thirty (30) days prior to the Annual
Convention or National Council Meeting. SECTION
II. A.
Impeachment Procedure. Any
National Officer may be removed from office, and any National Council member may
be removed from the National Council, following impeachment for gross misconduct
or gross negligence in office, trial, and conviction. (1)
A Graduate Chapter or a member of the National Council may commence
impeachment proceedings by filing a Petition of Impeachment with the National
Council. The Petition shall set out
the charges against the party impeached. (2)
After filing of the Petition, the Chancellor shall set a time and place
for trial before the National Council. The
party impeached shall be served with a copy of the petition and shall be given
adequate opportunity to prepare and present a defense. (3)
The party impeached shall be suspended from the National Council with
respect to any discussion or voting concerning the impeachment and trial
procedure, pending conclusion of trial. The
party impeached shall not otherwise be suspended from participating on the
National Council as a result of a Petition being filed pending conclusion of
trial on the charges. (4)
The party impeached shall be convicted of the charges only by a vote of
three-quarters (¾) of the members of the National Council attending the trial.
The jury shall comprise all members of the National Council attending the
trial in its entirety. The ranking
member of the National Council in attendance at the beginning of the trial shall
preside at the trial. The party
impeached shall be entitle to cast a vote, unless other ineligible to vote at a
meeting of the National Council. (5)
On conviction of the charges, the party convicted shall be removed from
the National Council and from National Office, if applicable. B.
Disbarment. Any
member of the Society who is disbarred from the practice of law shall, upon
entry of disbarment, be deemed automatically suspended until the next meeting of
the National Council at which meeting, the National Council shall determine
whether said member of the Society shall be expelled, remain suspended, or be
reinstated. C.
Non-Payment of Dues. Any
graduate member failing to pay the annual dues assessment for a period of two
(2) years from the date same becomes due and payable, shall be suspended from
the Society, and shall be readmitted to good standing in the Society only upon
compliance with the procedures as established by the National Council for
suspended members. 1.
Written notice of suspension under this section of the By-Laws shall be
given to the delinquent member at least thirty (30) days prior to the effective
date of suspension. 2.
A suspended member who becomes otherwise exempt from dues requirement
shall not be returned to good standing until the arrearage in prior dues is
paid. D.
Authorization for Action by Chapter.
1.
Each Chapter has the right and power to suspend any of its members for
any one or more of the following reasons: a.
Non-payment of dues; b.
Being the subject of findings of misconduct by any appropriate arm of the
bar of the State in which the member is admitted; c.
Conviction of a felony or other crime which involves moral turpitude; d.
Any other action that brings the Society into disrepute. 2.
Any such suspension shall automatically result in suspension from the
Society. The chapter shall give
notice of suspension, with a clear statement of the reason(s), to the Secretary
within three (3) days after the suspension. 3.
Any chapter suspending a member has the right and power to reinstate the
member, if and when the cause of suspension has been removed. The chapter shall
give notice of reinstatement to the Secretary within three (3) days. E.
Expulsion Initiated by Chapter.
A chapter may seek to expel a member from the Society in the following
manner. 1.
The chapter must first suspend the member in accordance with these
By-Laws. 2.
The chapter must mail an Application for Expulsion to the Secretary.
The Application shall state the basis for expulsion from the Society. 3.
Within ten (10) days after receiving the Application, the Secretary
shall: a.
Forward a copy of the Application to all members of the National Council
and to each Chapter; b.
After consulting with the Chancellor, set a date for consideration of the
Application by the National Council, no later than ninety (90) days following
the date of receipt; c.
Mail a copy of the Application for Expulsion, notice of the hearing date,
and a request for the party to appear in person to answer the Application or to
file a written response to the Application to the party involved, by certified
mail return receipt requested,. 4.
On the date set by the Secretary, the National Council shall meet and
consider the Application for Expulsion. a.
The member shall be expelled from the Society on affirmative vote of
two-thirds of the members of the National Council. b.
If the subject of the proceeding is a member of the National Council, the
subject shall not participate in the deliberations, but may participate in the
vote, unless otherwise ineligible to vote at a meeting of the National Council. F.
Action Initiated by National Council. 1.
The National Council may upon its own motion, and by a vote of two-thirds
of its members, suspend or expel any member from the Society. a.
The National Council must give due notice to the member’s chapter; b.
The National Counsel must give notice to the member by certified mail,
return receipt requested, and provide a reasonable time for the member to appear
or file a written statement of defense. 2.
The National Council, on its own motion, may reinstate any member
suspended from any chapter or from the Society. G.
Maintenance of Records of Proceedings.
The Secretary shall retain for the National Council all notices of
suspension, reinstatement, and expulsion, and shall present them at the next
regular National Council meeting. H.
Cascading Effect of Suspension.
Any suspension by the National Council shall act as an automatic
suspension of the member from the graduate chapter. I.
Lifetime Expulsion. An
expelled member can never be reinstated in the Society. SECTION
III.
LAW SCHOOL CHAPTERS A.
Petition. 1.
Five or more students, attending a law school of high standards and
accredited by the American Bar Association, shall be eligible to petition for a
law school chapter. Such petition
shall be in triplicate and typewritten and shall contain: a.
The names of the university and law school; b.
The names of every other law school within a radius of fifty miles; c.
The names and address of each applicant; d.
If the applicants are from an existing organization, the name of said
organization together with its brief history; e.
Such other information that applicants may consider of interest to the
National Council and such other information as the National Council may request. 2.
The petition shall be mailed to the Secretary, who shall refer it
immediately to the National Council. B.
Investigation and Approval. 1.
The National Council shall refer the petition to the Pledgor for
investigation of all information provided.
After investigation, the Pledgor shall return the Petition to the
National Council for its approval or rejection, together with the Pledgor’s
written report. 2.
Upon the National Council’s approval, the Secretary shall immediately
forward a copy of the petition and the Pledgor’s report to every existing law
school chapter for approval. 3.
If every existing law school chapter approves the petition, and the
applicants comply with all these By-Laws’ conditions and such other conditions
as the National Council may impose, the National Council shall grant a charter
to the applicants, and install them as members.
A law school chapter’s failure to reject the petition within thirty
(30) days of submission shall be deemed an approval of the petition.
4.
Any petition rejected by any law school chapter shall be resubmitted to
the National Council for further study and investigation. C.
New Chapter Fee. Before
being granted a charter, the applicants must pay a new chapter fee to the
Society, in an amount to be determined by the National Council. D.
Post-Charter Procedure. Within
ninety days following the installation of a new law school chapter, the chapter
shall prepare and adopt a constitution providing for local organization and
procedure, which shall be consistent with and subordinate to the Society’s
Constitution. The proposed
constitution requires approval by the National Council before taking effect. E.
Membership and Organization.
1.
Law school chapters shall be composed of and admit as members both law
students and law school faculty. a.
Law students must be students at the law school where the chapter is
located, or enrolled at an approved law school within ten miles of the law
school where the chapter is being formed. b.
Faculty members must be instructors of law at the school where the
students are enrolled. 2.
The officers of a law school chapter shall include a Chancellor, a
Vice-Chancellor, a Secretary, a Bursar, and such other officers as the chapter
may authorize. 3.
Each chapter shall be required to collect a New Member Fee, in an amount
set by the National Council, for every member initiated into the chapter.
The fee shall be paid to the Bursar at least ten (10) days before the new
member’s initiation. F.
Reporting Requirements. No
later than fifteen (15) days before the Annual Membership Meeting, each law
school chapter shall submit an annual report to the Executive Director that
includes: 1.
Officers’ names; 2.
Names and addresses of members who graduated since the previous report; 3.
Names and addresses of members who have left school prior to graduation
since the last report; 4.
Summary of the chapter’s activities, and any other items of interest to
the Society. SECTION
IV. GRADUATE CHAPTERS A.
Petition. Five (5) or more persons who have been admitted to
practice before any bar in the United States or Canada shall be eligible to
petition to establish a graduate chapter, provided
that there is not an existing chapter in the vicinity.
They shall submit the petition,
in triplicate, to the Secretary who shall refer it to the National Council and
to each Graduate Chapter. B.
Investigation and Approval.
The National Council shall investigate the petition,
and, no sooner than thirty (30) days after receiving the petition, may
approve the formation of the chapter. C.
Post-Approval Procedure. Within
ninety (90) days following a new chapter’s installation, the chapter shall
prepare and adopt a constitution providing for local organization and procedure,
which shall be consistent with and subordinate to the Society’s constitution.
Before becoming effective, the National Council shall approve the
proposed constitution. D.
Organization. The
officers of a graduate chapter shall include a chancellor, a vice-chancellor, a
secretary, a treasurer, and such other officers as the chapter may authorize. E.
Reporting Requirements. At
least fifteen (15) days before the Annual Membership Meeting, each
graduate chapter shall submit to the Executive Director an annual report that
includes: 1.
The names and addresses of the chapter’s officers; 2.
A summary of the chapter’s activities; and 3.
Other items of interest to the Society. SECTION
V. LAW
SCHOOL DIVISIONS OF GRADUATE CHAPTERS A.
Authority. The
Society may establish Law School Divisions of graduate chapters, to provide for
law student membership in geographical areas not served by a law school chapter.
The National Council may promulgate rules relating to the establishment
of such Law School Divisions. B.
Consistent Application. Wherever
the terms “chapter” or “law school chapter” appear in the By-Laws, the
terms shall include the term “law school division of graduate chapters”
where applicable. SECTION
VI. APPOINTMENT OF A NATIONAL EXECUTIVE
DIRECTOR A.
Authority. Each
incoming Chancellor, following the Chancellor’s election to office shall
appoint a member in good standing to the position of Executive Director, for the
period concurrent with the Chancellor’s term of office.
B.
Procedure. The
Nominations Committee shall recommend a member for the position to the
Chancellor; however, the Chancellor shall not be bound by such recommendation.
C.
Duties. The Executive Director shall have the following duties and
obligations: 1.
To perform all duties set forth in the By-Laws; 2.
To perform other duties as may be necessary in maintaining the
Society’s day-to-day operation; 3.
To perform such other duties as directed by the Chancellor and the
National Council; 4.
To attend all National Council Meetings and Annual Membership Meetings; 5.
To prepare and file an Annual Report at the Annual Membership Meeting; 6.
To keep a complete and accurate list of the members; 7.
To certify the status of the Society’s members as may be required from
time to time; 8.
To establish and maintain a complete and accurate mailing list so that
Society mailings may be efficiently processed; and 9.
To publish a national directory when so directed by the National Council. D.
Compensation. The
National Council, in its discretion, may approve a stipend to be paid to the
Executive Director, and may authorized reimbursement to the Executive Director
of any or all of the Executive Director’s expenses in fulfilling their duties
and obligations. SECTION
VII. COMMITTEES &
GENERAL OFFICERS A.
Standing Committees. The
Society shall maintain the following permanent standing Committees: 1.
Nominations Committee. a.
The Nominations Committee shall prepare and recommend a slate of officers
for consideration and election to national office at the Annual Membership
Meeting.. b.
The Nominations Committee shall meet at the Annual Membership Meeting,
and at such other time and place as its chair shall direct. c.
The Immediate Past-Chancellor shall chair the Nominations Committee. d.
At the National Council’s discretion, the National Council, sitting in
Committee of the Whole, may assume and discharge the duties of the Nominations
Committee at the Annual Membership Meeting. 2.
Long-Range Planning Committee a.
The Long-Range Planning Committee shall make recommendations to the
National Council and the Society for the continued growth of the Society and the
fulfillment of the Society’s purpose. b.
The Long-Range Planning Committee shall file written reports at each
National Council Meeting, and shall provide such reports to the Executive
Director at least thirty (30) days prior to each regular meeting. c.
The National Council shall appoint a member in good standing to chair
this committee. B.
Miscellaneous Committees 1.
The Chancellor or the National Council may sanction such non-permanent
committees as they deem appropriate. 2.
The Chancellor, in the Chancellor’s discretion, shall appoint chairs
for each such committee. 3.
Each such committee shall file written reports at each National Council
Meeting, and shall provide such reports to the Executive Director at least
thirty (30) days prior to each regular meeting. C.
General Officers. The
National Chancellor may appoint members of the Society in good standing to the
following General Offices: 1.
Parliamentarian. The
Parliamentarian shall advise the Chancellor on questions of interpretation of
the Society’s Constitution, By-Laws, and operating procedures. 2.
Sergeant at Arms. The
Sergeant at Arms shall assist the meeting chair in maintaining order at
Membership Meetings. The
Society’s fiscal year shall run from December 1 to November 30. A.
Requirement of 2/3 vote. These By-Laws may be amended by a
two-thirds vote of the National Council in attendance and voting at a National
Council Meeting. B.
Requirement of Quorum. The
National Council may only amend the By-Laws in the presence of a quorum.
ADOPTION OF AMENDED BY-LAWS These By-Laws adopted by vote of the National Council meeting in Philadelphia PA on May 15, 1999. © Copyright 2000 Tau Epsilon Rho Law Society. All Rights Reserved. For information or questions regarding this website, please contact the webmaster. |