MAINE STATE BAR ASSOCIATION
CRIMINAL LAW SECTION
Adopted by Section: June 2, 1982
Approved by Board of Governors: July 13, 1982
ARTICLE I: IDENTIFICATION
1.1 NAME. This Section shall be known as "The Criminal Law Section", and shall be hereinafter designated simply as "the Section".
1.2 PURPOSE. The general purposes of the Section shall be the promotion of the objects of the Maine State Bar Association within the particular fields designated by the name of this Section. To that end, it shall be the purposes of this Section:
The Criminal Law Section will address concerns of universal application to the criminal justice system in Maine through continuing education; review of legislation, court decisions, and procedure; and any other method deemed appropriate by the Section.
1.3 LIMITATIONS. These bylaws have been adopted subject to the Constitution and Bylaws of the Association, and particularly Article XV thereof.
ARTICLE II: MEMBERSHIP
2.1 ENROLLMENT. Any member in good standing of the Association shall, upon request to the Secretary of the Association, be enrolled as a member of the Section.
2.2 THE MEMBERSHIP. Members so enrolled and whose dues are paid pursuant to the provisions of this Article shall constitute the Membership of the Section.
2.3 LAW STUDENTS. Any law student who is a member of the Law Student Division of the Association may become a law student member of the Section upon request. Law Student members are entitled to such rights, privileges, responsibilities and duties as the Section shall from time to time determine. The term "member" as used in these bylaws does not include law student members.
ARTICLE III: COMMITTEES (AND DIVISIONS)
3.1 COMMITTEES AND DIVISIONS. This Section is authorized to establish, or to empower the Chairman of the Section to establish, such committees (and divisions) as it may deem necessary and desirable to promote effectively the activities of the Section within the jurisdiction of the Section. In establishing a new committee (or division), the Section shall state the area of its proposed activities. (A division shall be a grouping of committees in such manner as the Section may from time to time designate.
3.2 CHAIRMAN. The Chairman shall announce the membership and the chairman of each committee of the Section (and the director of each division) for the following Section year no later than the business meeting held during the Annual Meeting of the Section.
ARTICLE IV: MEETINGS OF THE MEMBERSHIP
4.1 ANNUAL MEETING. The Section shall hold an Annual Meeting of members in conjunction with the Annual Meeting of the Association. The Section may hold other meetings of members throughout the year.
4.2 QUORUM: The members of the Section present at any meeting shall constitute a quorum for the transaction of business.
4.3 CONTROLLING VOTE. Action of the Section shall be by majority vote of the members present.
4.4 VOTING ELIGIBILITY. Any member of the Association and the Section whose good standing can be certified by official Association records for thirty days prior to the time of voting shall be eligible to vote.
4.5 NOTICE. Notice in writing of the place and time of the meeting shall be mailed no fewer than seven (7) or more than forty (40) days to each member entitled to vote at the meeting. In lieu of a separate notice, the notice may be printed in an issue of the Maine Bar Bulletin mailed to each member entitled to vote. A brief statement of the purpose of the meeting shall be included.
4.6 AGENDA. Among the matters of business to be transacted at the annual meeting of the membership shall be the election of officers. The agenda shall consist of other matters as decided by the Chairman.
4.7 MAIL VOTING. The Chairman may direct that a matter be submitted to the members of the Section for vote by mail. In that event, binding action of the Section shall be by a majority of the votes received from members in accordance with rules fixed by the Section.
ARTICLE V: OFFICERS
5.1 OFFICERS. The officers of the Section shall be the Chairman, Chairman-elect, the Vice-Chairman and the Secretary.
5.2 CHAIRMAN. The Chairman, or successively, the Chairman-elect and the Vice-Chairman, in the absence of the Chairman, shall preside at all meetings of the Section. He shall appoint the chairmen and members of all committees of the Section who are to hold office during his term as Chairman. He shall plan and superintend the program of the Section during his term, subject to the directions and approval of the Board. He shall superintend the performance of all activities of the Section. He shall keep the Board duly informed and carry out its decisions. He shall perform such other duties and acts as usually pertain to his office or as may be designated by the Board.
5.3 CHAIRMAN-ELECT. The Chairman-Elect shall, on consultation with the Chairman, arrange for the appointment of the chairmen and members of all committees who are to hold office during his coming term as Chairman. He shall aid the Chairman in the performance of his responsibilities in such manner and to such extent as the Chairman may request. He shall perform such further duties and have such further powers as usually pertain to his office or as may be designated by the Board of the Chairman. In case of the death, resignation, or disability of the Chairman, the Chairman-Elect shall perform the duties of the Chairman for the remainder of the Chairman's term or disability, as the case may be.
5.4 VICE-CHAIRMAN. The Vice-Chairman shall aid the Chairman in the performance of his responsibilities in the manner and to the extent the Chairman may request.
5.5 SECRETARY. The Secretary shall consult with and assist all the officers of the Section as to the work of the Section generally in the manner and to the extent they may request. The Secretary shall be the liaison between the Section and Association staff regarding the retention and maintenance of books, papers, documents, and other property pertaining to the work of the Section in the custody of the Association. He shall keep a true record of the proceedings of all meetings of the Section, whether assembled or acting under submission. He, in conjunction with the Chairman, shall attend generally to the business of the Section.
5.6 TREASURER. The Section authorizes the Association Treasurer to manage and maintain the Section monies in one of the Association's accounts.
ARTICLE VI: ELECTIONS
6.1 ELECTIVE OFFICES. At each annual meeting of the Section, the membership shall elect:
(i) A Chairman-elect, a Vice-chairman and a Secretary, to serve a term of one year.
6.2 CHAIRMAN. The Chairman-elect shall automatically succeed to the office of Chairman. He shall serve a term of one year and may not again accede to that office. In the event the office of Chairman-elect shall be vacant, then a Chairman shall be elected by the Section members.
6.3 ELIGIBILITY FOR OFFICE. Any member of the Association and the Section whose good standing can be certified by official Association records for thirty days prior to the time of election shall be eligible for office.
6.4 NOMINATIONS AND VOTING. Section and Committee members shall elect their officers at their annual meeting.
6.5 TERM OF OFFICE. The term of office shall begin with the adjournment of the Annual Meeting following the election, and shall 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 shall be extended until a successor shall have been elected.
ARTICLE VII: SUCCESSION OF OFFICERS AND VACANCIES
7.1 CHAIRMAN-ELECT. The Chairman-Elect shall, unless he shall have refused to act as Chairman-Elect or been disqualified, automatically assume the office of Chairman for a term of one year at the end of the Annual Meeting following his election.
ARTICLE VIII: REPRESENTATION OF ASSOCIATION POSITION
Any action by this Section must be approved by the Board of Governors of the Maine State Bar Association before action can be effective as the action of the Maine State Bar Association. Any resolution adopted or action taken by the Section shall, on request of the Section, be reported by the Chairman to the Board of Governors for action by the Association.
ARTICLE IX: AMENDMENTS
These Bylaws may be amended at any annual meeting of the Section by a majority vote of the members of the Section present and voting. They shall become effective upon approval by the Board of Governors.