Effective: November 1, 2006
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Effective: November 1, 2006
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Article 2. Bylaws.
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Article IRule 14-201. Definitions.
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In these By-laws, unless the context or subject matter otherwise requiresAs used in
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this article:
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(a) "Bar" means Utah State Bar, a corporation incorporated, registered and
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domiciled in the State of Utah and designated as a Section 501 (c) (6) organization
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under the United States Internal Revenue Code;
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(b) "Board" means the Board of Commissioners of the Utah State Bar; and
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(c) “commissioner” means a member of the Board;
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(d) “Executive Committee” means a committee of not fewer than three members of
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the Board as set forth in these Bylaws;
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(e) “executive director” means the executive director of the Bar;
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(cf) "Mmember" means a lawyer who has been admitted to the Bar who holds a
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current active or inactive license, or is a licensed foreign legal consultant.;
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(g) “president” means the president of the Board;
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(h) “president-elect” means the president-elect of the Board; and
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(i) “Supreme Court” means the Utah Supreme Court.
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Article IIRule 14-202. Purposes of the Bar.
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The purposes of the Bar are to:
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(a) to advance the administration of justice according to law;
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(b) to aid the courts in carrying on the administration of justice;
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(c) to regulate the admission of persons seeking to practice law;
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(d) to provide for the regulation and discipline of persons practicing law;
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(e) to foster and maintain integrity, learning, competence, and public service, and
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high standards of conduct among those practicing law;
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to uphold and elevate the standards of honor, ethics, integrity, professionalism, and
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courtesy in the legal profession; to provide a forum for the discussion of subjects
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pertaining to the practice of law, the science of jurisprudence, and law reform; to carry
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on a continuing program of legal research in technical fields of substantive law, practice
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and procedure, and to make reports and recommendations thereon; to encourage
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practices that will advance and improve the honor and dignity of the legal profession;
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(f) to represent the Bar before the legislative, administrative and judicial bodies;
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(g) to prevent the unauthorized practice of law;
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(h) to promote professionalism, competence and excellence in those practicing law
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through continuing legal education and by other means;
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(i) to provide service to the public, to the judicial system and to members of the Bar;
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(j) to educate the public about the rule of law and their responsibilities under the law;
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(k) to assist members of the Bar in improving the quality and efficiency of their
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practice;
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(l) and to the end that the responsibility of the legal profession and the individual
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members thereof may be more effectively and efficiently discharged in the public
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interest, to engage freely in all lawful activities and efforts, including the solicitation of
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grants and contributions that may reasonably be intended or expected to promote and
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advance these goals purposes; and
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(m) in general to carry on any other business connected with or incidental to the
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foregoing objects objectives and purposes, and to have and exercise all the powers
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conferred under law of the State of Utah upon corporations formed under the Utah Non-
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Profit Corporation and Co-operative Association Act Utah Revised Nonprofit
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Corporation Act.
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Article IIIRule 14-203. License Ccategories.
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(a) Lawyers licensed by the Bar shall be divided into the following licensure
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categories:
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Section 1.(a)(1) Active Members. Active members are those persons lawyers eligible
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to practiceing law as defined by Rule 14-802,. or occupying positions as attorneys at
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law in the employ of or rendering any legal service for an active member, or occupying a
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position where he or she is called upon to give legal advice or counsel, or examine the
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law or pass upon the legal effect of an act, document or law or representing clients. An
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active member must maintain an active license.
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(a)(2) Active, under three. Active under three lawyers are those person who took the
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student Bar Examination as defined in Rule 14-710 and were admitted not more than
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three licensing cycles ago.
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(a)(3) Active emeritus. Active emeritus lawyers are those lawyers who have been a
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member of the Bar for 50 years or are 75 years of age as of July 1 of the current year
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and who are engaged in the practice of law.
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Section 2.(a)(4) Inactive Members. Inactive members are those persons lawyers
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who have retired from or for other reasons are not engaged in the practice of law as
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defined by the Rule 14-802. An inactive member must maintain an inactive license.
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They shall have the right to attend meetings of the Bar but shall not have a vote. They
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may serve on Bar committees and be members of sections of the Bar.
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(a)(5) Inactive emeritus.
Inactive emeritus lawyers are those lawyers who have
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been a member of the Bar for 50 years or are 75 years of age as of July 1 of the current
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year and who are not engaged in the practice of law.
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(a)(6) Other limited practice licenses. As authorized by the Supreme Court, the Bar
may develop other limited license categories.
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Section 3.(b) Transfer from Iinactive to Aactive Sstatus. An inactive member may
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become an active member upon request and by paying the licensing fees which would
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have been payable July 1 had the member then been active. A lawyer who transfers
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must also pay
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assessment for the licensure cycle when assessed.
plus the Client Security Fund Lawyer’s Fund for Client Protection
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Section 4.(c) Register of Mmembers to be Kkept. The Eexecutive Ddirector shall
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maintain a register of members lawyers which shall contain a designation as to their
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active or inactivelicensing status and such other information as the Board may
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determine to be necessary or desirable or as required by rule.
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Section 5.(d) Information Rrequired of Mmembers. Each member of the Bar shall
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furnish the Eexecutive Ddirector information indicating his or her date and the place of
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birth, dates of admission in other jurisdictionsto practice before courts other than courts
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of this state, and concerning such other matters as the Board may from time to time
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prescribe. This information shall be furnished by each member as a part of, or as a
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supplement to, the statement annual licensing form required by the rules or upon inquiry
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at any time by the Eexecutive Ddirector.
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Section 6.(e) Membership Llicensure Ccard. Each member shall be furnished with
an appropriate current licensure card.
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Section 7.(f) Professional Mmisconduct. In the event If an inactive member, or active
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member while suspended, shall practice law, he or she shall be deemed guilty of
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professional misconduct and shall be subject to the discipline disciplinary process
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therefore as in cases of other professional misconduct under the Utah Rules of
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Professional Conduct and the Rules of Article 5, Lawyer Discipline and Disability of the
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Utah State Bar.
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Article IVRule 14-204. Meetings of the Bar.
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Section 1.(a) Dates and Nnotices.
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(a)(1) The time and place of the Bar’s annual and mid-yearspring meetings
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conventions of the Bar shall be fixed and notice given by the Board to all licensed
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lawyers not less than sixty 60 days prior to the dates of such meetings.
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(ba)(2) The time and place of special meetings of the Bar shall be fixed by the Board
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and notice shall be given by the Board at least fifteen 15 days prior to the date of any
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meeting. The purpose for any special meeting shall be stated in the notice.
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Section 2.(b) Programs. The Board shall appoint such committees and shall take
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such action as may be appropriate to provide a program at the annual and mid-
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yearspring meetings conventions that will permit consideration of the affairs of the Bar
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and matters relating to the Bar of interest to the members. The meetings may include
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such meetings of the Board, sections, committees and any local bar or other
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associations as may be determined by the Board.
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Section 3.(c) Report of the Ppresident. The Ppresident shall make an oral or written
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report of his or her administration to the members of the Bar which may be oral or in
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writing.
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Section 4.(d) Fees and Ccharges. A registration fee for attendance at the annual and
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mid-year spring meetings conventions may be charged to all attendees. However, the
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business sessions of such meetings shall be open forum sessions and open to all
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lawyers licensed and in good standing whether registered or not. The Board may also
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make charges for attendance at luncheons, dinners and special events in order to
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defray all or part of the costs thereofof the meetings.
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Section 5.(e) Reports and Rrecommendations. Reports of sections and committees,
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including recommendations requiring affirmative action by the members, shall be
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submitted to the Board at least one month prior to the date of the annual or mid-
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yearspring meeting conventionsas the case may be. Reports or recommendations
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requesting affirmative action shall be considered by the Board and recommendations of
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the Board for action thereon shall be made at the business or open forum sessions of
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such meetings, and shall be open to debate at that time within reasonable limitations
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prescribed by the presiding officer, and a vote shall be taken thereon. The vote of the
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members shall be advisory to the Board.
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Section 6.(f) Resolution and Oopen Fforum Ssession. Fifteen days prior to the first
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general session of the annual and mid-yearspring meetingsconventions, any lawyer
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licensed and in good standing may present in writing any resolution pertinent to the
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legal profession and within the objectives and purposes of the Bar. Resolutions so
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presented shall be considered by the Board, which body shall report its
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recommendations with respect to action to be taken thereon at the business or open
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forum sessions, at which time such resolutions shall be open to debate within such
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limitations as shall be prescribed by the presiding officer, and a vote shall be taken
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thereon. The vote of the members shall be advisory to the Board. If the Board thereafter
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declines to comply with or implement any duly adopted resolution, the reasons for such
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refusal shall be set forth in the minutes of the Board.
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Section 7.(g) Suspension of Rulestime provisions. The time provisions of Sections 5
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and 6paragraphs (e) and (f) of this Article may be suspended by the Board for good
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cause which shall be set forth in its minutes, or by an affirmative vote of three-fourths of
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the members present at any business meeting.
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Section 8.(h) Record of Pproceedings. A record of the proceedings of the annual
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and mid-yearspring meetings conventions shall be kept by the Eexecutive Ddirector and
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shall be available to the members. Such pParts of the meetings as may be deemed by
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the Board to be of general interest to the members shall be published in the Utah Bar
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Journal. At the first regular meeting of the Board held after the annual and mid-
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yearspring meetingsconventions, a review of the proceedings shall be made by the
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Board for the purpose of considering any duly adopted resolutions or recommendations
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approved at said those meetings.
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Article VRule 14-205. Board of Commissioners.
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Section 1.(a) Number and Tterms. There shall be a Board of Commissioners of the
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Bar consisting of thirteen no fewer than 13 but no more than 15 voting members, eleven
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including 11 elected lawyers and two non-lawyers appointed by the Supreme Court.
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Except as otherwise provided, the term of office of each commissioner shall be three
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years and until a successor is elected and qualified.
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Section 2.(b) Vacancies. A lawyer vacancy on the Board occurs by reason of death,
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resignation, incapacity, retirement, removal, change of residence from the State of Utah,
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or upon the incumbent ceasing to be an active member of the Bar in good standing. A
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vacancy created by a lawyer commissioner shall be filled by the remaining Board
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members by either:
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(a) (b)(1) conducting a special election;
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(b)(2) appointing a successor from among the active members of the Bar whose
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business mailing addresses on the records of the Bar are in the division from which the
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commissioner was elected, who shall serve until the following annual election; or
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(c) (b)(3) filling the vacancy through the next regular annual election.
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The Board may establish the term of the successor to be either a one, two or full
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three-year term, provided that there would be not more than three but not fewer than
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two commissioners from the Third Division whose terms expire in any one year and not
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more than five but not fewer than four commissioners on the Board whose terms expire
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in any one year.
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Section 3.(c) Removal. A lawyer commissioner may be removed from the Board by:
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(ac)(1) The vote of eight of the twelve commissioners (other than the commissioner
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proposed for removal) at a meeting of which advance notice of the removal vote is given
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as provided in Article V, Section 7(c)paragraph 14-204(a)(2), provided that
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commissioners who are eligible to vote but who are not in attendance at the meeting
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may submit their vote in writing to the Eexecutive Ddirector; or
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(bc)(2) The vote of a majority of the active members of the Bar in the division which
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elected the commissioner voting in a special election held for the purpose of
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consideration of removal. Ballots shall be mailed, first class, 20 days after the filing of a
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petition calling for removal signed by 10% of the active members of the Bar in the
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division which elected the commissioner. Ballots shall be due 17 days after mailing and
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the results tabulated and announced not more than 45 days after the filing of the
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petition.
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Section 4.(d) General Ppowers. The Board may exercise all powers necessary and
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proper to carry out the duties and responsibilities of the Bar and the purposes of the
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Utah Supreme Court’s Rules forArticle 1, Integration and Management, of the Utah
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State Bar and shall exercise all authority which is not specifically reserved to the
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Supreme Court.
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Section 5.(e) Election Nnotice. Notice of election of commissioners and of the
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divisions from which they shall be elected during the current year shall be mailed to the
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active members of the Bar in that division no later than ninety 90 days prior to the date
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on which ballots will be counted.
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Section 6.(f) Nomination. Commissioners shall be nominated by written petition
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complying with the Rules for Article 1, Integration and Management of the Utah State
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Bar, and filed with the Eexecutive Ddirector at least sixty 60 days prior to the date on
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which ballots will be counted. Such petitions must be signed by ten active members of
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the Bar whose business mailing addresses on the records of the Bar are in the division
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from which the election is to be held. Only active members of the Bar eligible to vote in
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that division may be nominated to serve as commissioner.
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Section 7.(g) Form of Ppetition. The Eexecutive Ddirector shall prepare a form of
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petition for the nomination of commissioners and shall furnish copies thereof to any
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active member upon request. Nominations may be made on such forms, but
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nominations in any other form of petition which complies with the Rules for Article 1,
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Integration and Management and By-Laws these Bylaws shall be deemed sufficient.
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Section 8.(h) Election Pprocedures.
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(ah)(1) Ballots shall be mailed to all active members in each division in which an
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election is to be held, containing the alphabetized names of those members who have
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been nominated from the respective divisions. Said ballots shall be mailed to active
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members at their business mailing address in the respective divisions at least thirty 30
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days prior to the date on which ballots will be counted.
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(bh)(2) The ballot, together with a ballot envelope and a cover envelope in which the
voting member shall identify himself or herself, shall be included in said the mailing.
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(ch)(3) Balloting may be returned by mail or in person. Ballots shall state the date
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upon which they are due and shall be delivered to the Bar offices, or mailed by voters
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so as to reach the Bar offices, no later than 5:00 p.m. on the day prior to the date ballots
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will be counted. Balloting shall close at 5:00 p.m.
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(h)(4) The executive director shall designate the time, date and place for the
counting of ballots, and shall arrange for the counting.
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(dh)(5) Each candidate for a commission Board position may submit in writing the
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names of two persons to act as ballot counters, and arrange to have said counters at
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the Bar offices or such other place as the Eexecutive Ddirector shall determine on the
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date and time for counting ballots.
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(e) The Executive Director shall designate the time, date and place for the counting
of ballots, and shall arrange for the counting thereof.
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(fh)(6) Successful candidates shall be notified of that fact by the Ppresident of the
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Bar who shall then call a meeting of the Board prior to the end of the annual meeting for
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the purpose of re-organizing the Board. Public announcement of election results shall
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be made at the discretion of the Ppresident.
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(gh)(7) The terms of new commissioners shall begin when they are seated at the
reorganization meeting of the Board.
(h)(8) In the event If an insufficient number of nominating petitions are filed to require
balloting in a division, the person or persons nominated shall be declared elected.
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(ih)(9) In the event If any day or date set forth herein above shall fall on a Saturday,
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Sunday or holiday, the act required or time fixed shall occur on or run from the next
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working day.
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Section 9.(i) Disputed Eelection.
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(ai)(1) In the event If there is a dispute as to the validity of the election of a
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commissioner, it shall be resolved by the Board at its first meeting after the election, or
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at an adjourned meeting thereof. Any Board member involved in the dispute shall not be
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entitled to vote. The Eexecutive Ddirector shall give written notice to each candidate of
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the hearing on the contested election and each candidate shall have the right to be
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personally present, to be represented by counsel and to present proof at such hearing.
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The Board shall have the right to examine the ballots and to inquire into their validity
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and into all matters germane to the election and dispute.
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(bi)(2) The Board may designate a committee from among its members to hear
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disputed election matters, but decisions of the committee shall not be effective until
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approved by the Board. In every contested election hearing, the Board shall have the
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right to prescribe rules and regulations for the conduct thereof.
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(ci)(3) The decision of the Board shall be final.
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Section 10.(j) Meetings.
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(aj)(1) The Board shall hold regular meetings at the Bar offices, or at such other
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place as the Board may determine.
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(bj)(2) Special meetings of the Board may be held at any time upon the call of the
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Ppresident, and shall be called by him or her at the written request of three or more
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members of the Board.
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(cj)(3) Reasonable notice of the time and place of all regular special meetings shall
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be given to each member of the Board by the Eexecutive Ddirector, by mail, telephone,
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fax, e-mail or telegraph.
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(dj)(4) At any regular or special meeting of the Board, any business may be
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transacted which is within the power of the Board, whether or not such business has
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been placed upon the agenda in advance; provided, however, that advance notice
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pursuant to subparagraph (cj)(3) above must be given for removal of officers and lawyer
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commissioners.
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(ej)(5) In the event that If less than a quorum of the Board is present at a meeting,
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those present may adjourn the meeting to a later time, and if a quorum is present at the
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time to which the meeting was adjourned, the Board may proceed with the conduct of
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business without further call or notice.
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(fj)(6) In the event that If the Ppresident desires the vote of the Board without calling
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a meeting, such a vote may be taken by telephone, e-mail or by fax, provided that all
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members of the Board who are available at their respective business offices shall be
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given an opportunity to vote.
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Section 11.(k) Quorum. Eight members of the Board shall constitute a quorum for
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conducting the business of the Board and a majority vote of those present and voting at
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any meeting shall be sufficient to take effective action to bind the Board; provided,
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however, that the nomination of candidates to run for the office of Ppresident-elect and
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the selection of a lawyer commissioner to fill a vacancy shall be by majority vote of the
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entire Board. All members of the Board who are present shall vote on all matters when
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a vote is taken unless they excuse themselves from voting or are excused from voting
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by a majority of the Board members present by reason of conflict of interest.
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Section 12.(l) Executive Committee. An Executive Committee of not fewer than three
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members, two of whom shall be the Ppresident and the Ppresident-elect, with the
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remaining members of the Executive Ccommittee being voting members of the Board,
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shall be appointed by the Ppresident with the approval of the Board. The Eexecutive
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Ddirector shall be an ex-officio member of the Executive Committee. The duties of the
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Executive Committee shall include:
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(a) (l)(1) the handling of emergency matters when the entire Board cannot be
convened or the requirements of Section 7paragraph (g) above cannot be met;
(b) (l)(2)the review of the affairs of the Bar and the making of recommendations to
the Board;
(c) (l)(3) the handling of ministerial and routine business of the Bar which transpires
between Board meetings; and
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(d) and (l)(4) any other matters delegated to it by the Board.
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All recommendations and ministerial matters shall be reported to the Board as a part
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of the agenda for the next Board meeting following such action.
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Section 13.(m) Liaison Aassignments. In addition to performing such duties as are
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required by law or which may be assigned to individual members of the Board,
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commissioners and officers may be assigned as contacts or liaison representatives to
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the various committees, sections and units of the Bar, and in such capacity shall have
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the authority to call meetings of the committees, sections or units of the Bar and may
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report with respect theretothereafter at the meetings of the Board. Where possible tThe
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members of the Board and officers should affiliate and participate with, and be informed
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upon the work of the American Bar Association and other organizations on subjects
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relating to those under consideration by the Board, committees, sections and units of
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the Bar to which the Board members are assigned.
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Section 14.(n) Sub-committees. The Board may appoint such sub-committees of the
Board as it deems desirable in order to carry out its functions.
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Section 15.(o) Executive Ddirector.
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(ao)(1) The Eexecutive Ddirector shall be selected by the Board at the meeting held
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immediately following the adjournment of the annual meetingconvention.
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(bo)(2) The salary and duties of the Eexecutive Ddirector shall be fixed and outlined
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from time to time by the Board. The term of office of the Eexecutive Ddirector shall be
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for one year.
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(co)(3) The Eexecutive Ddirector shall have and perform duties as secretary to the
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Board as provided by law and such other duties as shall be prescribed by the Board or
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delegated by the Ppresident, not inconsistent with law and these By-LawsBylaws.
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Section 16.(p) Ex-Oofficio Mmembers. Ex-officio members of the Board may be
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designated by the Board from year to year, but any designation shall not be effective for
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more than one year, and such members shall not be entitled to vote.
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Article VIRule 14-206. Officers.
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Section 1.(a) President. The Ppresident-elect of the Bar shall automatically succeed
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to the office of Ppresident pursuant to the Rules for Article 1, Integration and
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Management of the Utah State Bar.
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Section 2.(b) President-elect; qualifications; voting procedures.
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(ab)(1) A lawyer commissioner who wishes to be considered as a candidate or a
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commissioner who wishes to recommend the name of another lawyer in good standing
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on active status to be considered as a candidate shall notify the Board in writing no later
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than January 1. The Board also may consider additional candidates at its discretion.
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(b)(2) The Board shall nominate two candidates to run for the office of Ppresident-
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elect from among the names submitted to the Board as set forth above. The Board, by
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vote, shall nominate those running for the office of Ppresident-elect at a regularly
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scheduled meeting. Balloting for nomination to run for the office of Ppresident-elect shall
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be by secret ballot except that commissioners not in attendance at the meeting may
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submit their vote in writing to the Ppresident or Eexecutive Ddirector.
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(cb)(3) A lawyer elected Ppresident-elect shall succeed to the office of Ppresident
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and shall then serve as Ppresident with authority to represent the Bar and preside at all
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meetings of the Board and the Bar even though the Ppresident-elect may not be serving
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in a term as an elected commissioner. A Ppresident and Ppresident-elect who are not
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elected commissioners have the authority to vote on matters brought before the Board.
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In the event of a tie vote, the matter at hand shall fail to pass.
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(db)(4) Ballots shall be mailed to all active members of the Bar containing the
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alphabetized names of the candidates. The ballots shall be mailed to active members at
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their business mailing address at least thirty 30 days prior to the date on which ballots
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will be counted.
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(1b)(4)(A) The ballot, together with a ballot envelope and a cover envelope in which
the voting member shall identify himself or herself, shall be included in said mailing.
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(2b)(4)(B) Balloting may be returned by mail or in person. Ballots shall state the date
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upon which they are due and shall be delivered to the Bar offices, or mailed by voters
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so as to reach the Bar offices, no later than 5:00 p.m. on the day prior to the date ballots
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will be counted. Balloting shall close at 5:00 p.m.
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(3b)(4)(C) The candidates may submit in writing the names of two persons to act as
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ballot counters, and arrange to have said counters at the Bar offices or such other place
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as the Eexecutive Ddirector shall determine on the date and time for counting ballots.
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(4b)(4)(D) The Eexecutive Ddirector shall designate the time, date and place for the
counting of ballots, and shall arrange for the counting.
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(5b)(4)(E) The successful candidate shall be notified by the Ppresident of the Bar
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who shall then call a meeting of the Board prior to the end of the annual meeting for the
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purpose of re-organizing the Board. Public announcement of election result shall be
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made at the discretion of the Ppresident.
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(6b)(4)(F) The term of the new Ppresident-elect shall begin when he or she is seated
at the reorganization meeting of the Board.
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(7b)(4)(G) In the event If any day or date set forth herein above shall fall on a
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Saturday, Sunday or holiday, the act required or time fixed shall occur on or run from
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the next working day.
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(eb)(5) In the event If there is a dispute as to the validity of the election it shall be
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resolved by the Board at its first meeting after the election. Any Board member involved
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in the dispute shall not be entitled to vote. The Eexecutive Ddirector shall give written
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notice to each candidate of the hearing on the contested election and each candidate
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shall have the right to be personally present, to be represented by counsel and to
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present proof at such hearing. The Board shall have the right to examine the ballots and
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to inquire into their validity and into all matters germane to the election and dispute.
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(1b)(5)(A) The Board may designate a committee from among its members to hear
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disputed election matters, but decisions of the committee shall not be effective until
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approved by the Board. In every contested election hearing, the Board shall have the
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right to prescribe rules and regulations for the conduct thereof.
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(2b)(5)(B) The decision of the Board shall be final.
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Section 3.(c) Seating Nnew Ccommissioners and Oofficers. The reorganization
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meeting of the Board shall be called to order by the outgoing Ppresident. He or she
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shall first conduct any unfinished business to come before the existing Board.
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Thereafter, the newly-elected commissioners who have been found qualified and
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declared elected shall be seated as members of the Board. The outgoing Ppresident
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shall recognize and seat the new Ppresident and Ppresident-elect.
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Section 4.(d) Terms of Ooffice. The terms of office of the Ppresident and Ppresident-
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elect shall run concurrently and shall begin at the commencement of the annual meeting
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convention and run until their successors have been seated. Notwithstanding the
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running of the Ppresident’s term of office, all official functions of the annual meeting
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convention shall be presided over by the outgoing Ppresident.
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Section 5.(e) Duties and Ttemporary Aabsences. The Ppresident shall preside at all
392
meetings of the Bar and of the Board, and in the event of any temporary absence, the
393
Ppresident-elect shall perform the duties of the Ppresident. The Ppresident shall
394
represent the Bar at all appropriate functions and shall perform such other duties and
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otherwise represent the Bar and the Board as directed by the Board.
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Section 6.(f) Vacancies. A vacancy occurs in the office of Ppresident or Ppresident-
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elect by reason of death, resignation, incapacity, retirement, removal, change of
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residence from the State of Utah, or upon the incumbent ceasing to be an active
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member of the Bar in good standing. A vacancy shall be filled by the Board from among
400
its members upon a majority vote by secret ballot of the remaining Board members.
401
Commissioners not in attendance at the meeting may submit their vote in writing to the
402
Eexecutive Ddirector. In the event If a vacancy occurs in the office of Ppresident-elect a
403
Ppresident-elect shall be nominated and stand for election under the Rules for Article 1,
404
Integration and Management of the Utah State Bar and Section 2paragraph (b) above.
405
406
Section 7.(g) Removal. The Ppresident or Ppresident-elect may be removed from
office by:
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(ag)(1) Tthe vote of nine of the thirteen current voting commissioners at a meeting of
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which advance notice of the removal vote is given as provided in Article V, Section
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7(c)14-204(a)(2), provided that commissioners not in attendance at the meeting may
410
submit their vote in writing to the Eexecutive Ddirector; or
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(bg)(2) Tthe vote of a majority of the active members of the Bar voting in a special
412
election held for the purpose of consideration of removal. Ballots shall be mailed, first
413
class, 20 days after the filing of a petition calling for removal signed by 10% of the active
Effective: November 1, 2006
414
members of the Bar. Ballots shall be due 17 days after mailing and the results tabulated
415
and announced not more than 45 days after the filing of the petition.
416
Article VII14-207. Finances.
417
Section 1.(a) Annual licensing Ffees. The annual licensure licensing fees to be paid
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each year by all members of the Bar shall be fixed by the Board with prior Supreme
419
Court approval.
420
Section 2.(b) Budget. The Board shall prepare a budget which shall be published for
421
comment prior to final adoption. The Board shall adopt the budget at its first regular
422
meeting following the reorganization meeting. No obligations shall be incurred unless
423
within the limits of the budget and within the scope of the authorized objectives of the
424
Board.
425
Section 3.(c) Section Ddues.
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(ac)(1) Sections of the Bar may, with the approval of the Board, charge an annual
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membership fee in order to obtain the commitment of members to section activities and
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to provide revenue to carry out the purposes of the section. The amount of such
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membership fees shall be fixed by the section subject to the approval of the Board.
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(bc)(2) Funds raised by sections from membership fees shall be held by the Bar as
431
separately identifiable funds of the sections, and disbursed to the sections as needed,
432
to carry out the functions of the sections. Such funds shall not revert to the general Bar
433
fund at the end of the budget year, but shall continue to be held as a separately
434
identifiable fund.
435
Section 4.(d) Disbursements.
436
(ad)(1) Funds of the Bar shall be disbursed only in accordance with the provisions of
437
438
439
440
441
law and by these By-LawsBylaws, and at the direction of the Board.
(bd)(2) Checking accounts shall be maintained with banks to be designated by the
Board in such amounts as the Board shall determine from time to time.
(cd)(3) No check shall be drawn on the funds of the Bar except as authorized by the
Board.
442
(d)(4) Checks under the amount of $1,000 can be signed by any one of the
443
members of the Executive Committee or by the Eexecutive Ddirector. Checks over the
Effective: November 1, 2006
444
amount of $1,000 shall bear the signatures of any two members of the Executive
445
Committee or any one member of the Executive Committee and the Eexecutive
446
Ddirector, except that there shall be a revolving-fund account for day-to-day operating
447
needs, which can be signed by any one of the members of the Executive Committee or
448
by the Eexecutive Ddirector. The size of the revolving-fund account shall be designated
449
annually by the Board and can be revised at any time by Board action.
450
451
Section 5.(e) Investment of Ffunds. Funds of the Bar shall be invested at the
direction of the Board.
452
Article VIIIRule 14-208. Special Rrules and Rregulations.
453
Section 1.(a) Admission to the Bar. The Board shall promulgate rules for admission
454
of applicants to the Bar pursuant to the Rules for Article 1, Integration and Management
455
of the Utah State Bar, and shall recommend to the Utah Supreme Court for approval
456
rules governing qualifications and requirements for admission to the practice of law as a
457
lawyer and as a foreign legal consultant and for the examination of applicants.
458
Section 2.(b) Conduct and Ddiscipline. The Board shall promulgate rules governing
459
the conduct and discipline of members of the Bar and shall recommend to the Utah
460
Supreme Court for approval rules governing the conduct of members of the Bar and
461
rules governing the disciplinary and disability procedures in cases involving alleged
462
misconduct or incapacity of members.
463
Section 3.(c) Student Ppractice Rrules. The Board may promulgate and recommend
464
to the Utah Supreme Court for approval rules governing student practice or student
465
court assistance programs.
466
Section 4.(d) Sections, Sstanding Ccommittees, Sspecial Ccommittees. To facilitate
467
the accomplishment of the purposes and objectives of the Bar, the Board shall create
468
appropriate sections, standing committees and special committees of the Bar to which
469
matters may be referred, for handling and/or recommendation to the Board. The Board
470
may call for regular or periodic reports from such committees and sections at times and
471
to such extent as shall appear appropriate to the Board.
472
Section 5.(e) Committees. Committees of the Bar shall be:
Effective: November 1, 2006
473
(ae)(1) Standing committees, which shall continue in existence until abolished by the
474
Board. Members shall be appointed to standing committees for staggered terms of three
475
years.
476
(be)(2) Ad hoc committees, which, having been created for a specific purpose, shall
477
be terminated upon completion of that purpose. Membership on ad hoc committees
478
shall be for the time the committee is in existence.
479
(ce)(3) The Board shall select a chair and the members of each committee.
480
Article IXRule 14-209. Utah Bar Foundation.
481
All active members of the Bar are members of the Utah Bar Foundation, entitled to
482
attend and vote at all general meetings of the Foundation.
483
Article XRule 14-210. General.
484
Section 1.(a) Litigation. No member, committee, or section of the Bar shall represent
485
the Bar unless authorized to do so by the Board, or in case of emergency, by the
486
Executive Committee of the Board as provided in Article V, Section 9Rule 14-205(l)
487
hereof.
488
Section 2.(b) Limitations on Ppublicity. No recommendation or report of a section,
489
committee, or members shall become the recommendation or report of the Bar until
490
approved by the Board, and no such report or recommendation shall be released
491
publicly prior to submission to and approval of the Board.
492
Section 3.(c) Authority to Bbind Bar. No committee, section, or any officer or
493
member thereof shall have the power to make the Bar liable for any debt or obligation
494
except upon the authorization of the Board.
495
Section 4.(d) Local Bbar Aassociations. To further promote the purposes and
496
objectives of the Bar, the Board shall encourage the creation of, and active participation
497
of its members in, local bar associations within the state, and work to achieve harmony
498
with such local associations.
499
Section 5.(e) Amendments of By-LawsBylaws. These By-Laws Bylaws may be
500
amended at any regular or special meeting of the Board by a majority vote of the entire
501
Board. However, proposed amendments shall be filed with the Eexecutive Ddirector at
502
least ten days in advance of the next regular meeting of the Board; provided however,
Effective: November 1, 2006
503
they may be amended at any regular meeting of the Board without prior notice by the
504
unanimous vote of the entire Board.
505
Section 6. Effective Date. These By-Laws shall take effect immediately upon their
506
adoption by the Board. Amended January 27, 1995; December 1, 1995; April 25, 1997;
507
January 28, 1998; March 30, 1998; April 28, 1999; February 20, 2001, October 22,
508
2002, November 18, 2002, and October 14, 2005.
509
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.