BY-LAWS OF THE LITIGATION SECTION
Name and Purpose
Section 1. This section shall be known as the Litigation Section of the Colorado Bar Association.
Section 2. The purpose of this Section shall be to promote the objects of the Colorado Bar Association within the particular field designated by the name of the Section. To that end, the Litigation Section endeavors to create a better understanding and cooperation among those attorneys engaged in a practice involving litigation, and to evaluate and advise upon legislation that is of interest to the members of the Section.
Section 1. Each member of the Section shall pay to the Colorado Bar Association annual dues in the amount set by the Section, currently twenty dollars ($20.00). Any member of the Association, upon request to the Secretary of the Association and upon payment of dues for the current year, shall be enrolled as a member of this Section. Thereafter, said dues shall be paid in advance each year beginning on the July first next succeeding such enrollment. Any member of this Section whose annual dues shall be more than six months past due shall thereupon cease to be a member of this Section. Dues are not refunded. Members so enrolled and whose dues are so paid shall constitute the membership of this Section.
Section 1. The officers of this Section shall be a Chairperson, Vice-Chairperson, and Secretary.
Section 2. There shall be a Council of not less than seven nor more than twenty-five as the Council directs from time to time in its minutes, which shall include the Chairperson, Vice-Chairperson and Secretary, all of whom shall be voting members, and such other members as necessary to complete the Council to be appointed by the Council as hereinafter provided. A Council is to have a diverse membership to fairly represent all members of the Section.
Section 3. The Chairperson, Vice-Chairperson and Secretary shall be selected in the manner hereinafter provided to hold office for a one year term beginning July 1st of each year and ending on June 30th the following year, or until their successors have been elected and qualified.
Section 4. Upon the expiration of any Board Members term, any vacancy of the Council shall be filled at the May or June meeting of the Section for terms of two years. These terms begin at the close of the meeting at which they shall have been elected and ending at the close of the second fiscal year thereafter. Fiscal year is the fiscal year of the Colorado Bar Association.
Section 5. If any elected member of the Council fails to attend two successive meetings of the Council without an excuse approved by the Council, the office held by such member may be declared vacated. The Council shall then fill the vacancy for the unexpired term. An unapproved absence shall be noted in the minutes. The Council may remove any member for cause by a vote of the Council after advance written notice to the member and giving an opportunity to be heard.
Nomination and Election of Officers
Section 1. Nominations. The Chairperson shall call for nominations to the Council to succeed those whose terms will expire at the close of the fiscal year and to fill vacancies then existing for unexpired terms. Nominations for the Council may be made by Section members, and the Council will ask for recommendations from time to time.
Section 2. Elections. All elections on request of a Council member shall be by written ballot; otherwise the Council may act by voice vote.
Duties of Officers
Section 1. Chairperson. The Chairperson shall preside at all meetings of the Section and of the Council. The Chairperson shall formulate and present to the Colorado Bar Association any required report of the work of the Section for the then past year. The Chairperson shall perform such other duties and acts as usually pertain to the office.
Section 2. Vice-Chairperson. Upon the death, resignation, absence or during the disability of the Chairperson, or upon a failure or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson for the remainder of the Chairperson's term, except in the case of the Chairperson's disability, and then only during so much of the term as the disability continues.
Section 3. Secretary. The Secretary shall be the custodian of all books, papers, documents and other property of the Section, except money. The Secretary shall keep a true record of the proceedings of any meetings of the Section and of the Council. The Secretary, in conjunction with the Chairperson, as authorized by the Council, shall attend generally to the business of the Section. The Secretary, through the Colorado Bar Association, shall keep an accurate record of all moneys appropriated to and expended for the use of the Section.
Duties and Powers of the Council
Section 1. The Council shall have general supervision and control of the affairs of the Section subject to the policies and procedures and by-laws of the Colorado Bar Association and the by-laws of this Section. It shall authorize all commitments or contracts which shall entail the payment of money, and shall authorize the expenditure of all moneys appropriated for the use or benefit of the Section. It shall not, however, authorize commitments or contracts which shall entail the payment of more money during any fiscal year than the amounts which shall have been previously appropriated to the Section for such fiscal year. Commitments based on the contingency of the availability of funds may be made.
Section 2. The Council may authorize the Chairperson to appoint committees from Section members and Colorado Bar Association members to perform such duties and exercise such powers as the Council may direct, subject to the limitations of these by-laws and lawful requirements of the Colorado Bar Association.
Section 3. The Council, during the interim between meetings of the Section, may fill vacancies in its own membership or in the office of Secretary or, in the event of a vacancy in both the office of Chairperson and Vice-Chairperson, then in the office of Chairperson. Members of the Council and officers so selected shall serve until the close of the next fiscal year of the Section.
Section 1. Any annual meeting of the Section shall be held in May or June of each year, with such program and order of business as may be arranged by the Council. A failure to meet may be corrected at a subsequent Council meeting or a special meeting.
Section 2. Special meetings of the Section may be called by the Chairperson upon approval of Council, at such time and place and with such notice and manner as the Council may determine. In an emergency, the Chairperson or Vice-Chairperson may schedule a meeting without advance approval of the Council.
Section 3. Members of the Section present at any meeting, in person or by telephone, shall constitute a quorum for the transaction of business.
Section 4. All binding actions of the Council shall be by a majority vote of a quorum. A quorum shall be a majority of Council members holding office at such time.
Section 1. The Fiscal Year of the Section shall be the same as that of the Colorado Bar Association.
Section 2. All bills incurred by the Section, before being forwarded to the Director of Finance of the Colorado Bar Association for payment, shall be approved by the Chairperson or the Secretary, or, if the Council shall so direct, by both of them.
Section 3. No salary shall be paid to any officer, Council member, or member of a committee. Reasonable expenses shall be reimbursed in the manner the Council directs.
Section 4. Any action by this Section must be approved by the Colorado Bar Association before the same becomes effective as the action of the Colorado Bar Association. Any resolution adopted or action taken by this Section shall, on the direction of the Council, be reported by the Chairperson of the Section to a meeting of the Colorado Bar Association or its executive council for the Association's action thereon.
Section 5. These by-laws shall be effective on August 1, 2005.
These by-laws may be amended at any meeting of the Council by a majority vote of a quorum of the Council present in person or by telephone.
Passed on __________________________.