SARASOTA CHAPTER
FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Bylaws
ARTICLE I
Name, Status and Offices
1. Name. The name of this organization is the Sarasota Chapter of the Florida Association of Criminal Defense Lawyers, hereinafter “The Association.”
2. Status. The Association is a voluntary association of members of the Florida Association of Criminal Defense Lawyers and other specified persons, who practice criminal defense or assist criminal defense attorneys in Sarasota County, Florida.
3. Offices. The principal office of the Association shall be in Sarasota County,
State of Florida. Its precise location shall be designated by the Association members.
ARTICLE II
Purposes
The Association is formed exclusively for charitable, scientific and
educational purposes including, without limitation, the following purposes:
1. To promote study and research in criminal defense law and related
disciplines;
2. To disseminate by lecture, seminars and publications, the advancement
of knowledge of the law as it relates and is ancillary to the field of
criminal defense practice;
3. To promote the proper administration of criminal justice;
4. To foster, maintain and encourage the integrity, independence and
expertise of defense lawyers in criminal cases; and
5. To foster periodic educational meetings of defense lawyers and to
provide a forum for material exchange of information regarding the
administration of criminal justice and thereby concern itself with the
protection of individual rights and the improvement of criminal law, its
practice and procedures.
6. It is the policy of this Association that the Association will not discriminate on the basis of race, sex, national origin, religion or sexual orientation.
ARTICLE III
Membership
1. Application for membership.
(a) Applications for membership must be submitted to and approved by the Executive Committee. The Executive Committee is comprised of the President, Past-President, Vice President, Secretary and Treasurer. The Executive Committee may seek direction from the enrolled membership as to any contested new member.
(b) Membership in the Association shall be by application on a form
prescribed by the Executive Committee.
(c) Each application shall be submitted to the Executive Committee.
(d) All applications for membership must be accompanied by the payment
of appropriate dues.
(e) All memberships are for one year which begins on January 1 and ends on December 31. All current regular members in good standing who
renew their membership by paying the appropriate membership fees shall
be automatically reinstated to regular membership.
2. Regular membership. Regular membership in the Association shall be
available to those members of the Florida Bar and the statewide chapter of the Florida Association of Criminal Defense Lawyers who are persons of
professional competency, integrity and high ethical standards and who
are actively engaged in the defense of criminal cases.
3. Dues. Dues for members and adjunct members shall be set by the Executive Committee with the approval of the membership. It is the policy of the Association that no local dues shall be collected from persons who are employed by the Office of the Public Defender or the Office of Regional Counsel.
3. Adjunct membership. Adjunct membership shall be authorized for investigators, paralegals and other persons actively engaged in the defense of criminal cases. An Adjunct member must be sponsored by a current member of the association and is subject to the approval of the membership. Adjunct members shall pay one half the dues of a regular member, but may not vote or hold office in the Association.
4. Voting. Regular members, in good standing, are entitled to vote in
any of the Association’s proceedings. Each such member shall be entitled
to one (1) vote. Adjunct members are not entitled to vote.
5. Denial or revocation of membership. Membership of all classes may be
terminated, suspended in the following manner:
(a) Resignation. A member, not in default of payment of dues and against
whom no Association complaint is pending, may at any time file his
resignation in writing with the Secretary of the Association and it
shall become effective as of the date it was filed when accepted by the
Association Board. Any resigned member may achieve reinstatement of
membership status by reapplying pursuant to the provisions of these
bylaws. Resignation from membership in the Florida Bar shall
automatically result in the termination of voting membership in this
Association.
(b) Failure to pay dues. Any member who fails to pay dues within 90
days following the beginning of the fiscal year of the Association shall
automatically be terminated as a member of the Association. Membership
status may again become available by complying with the financial provisions of the bylaws.
(c) Termination If any regular member is by a final order or judgment disbarred
from the practice of law in Florida, such person’s membership in this
Association automatically shall be terminated.
(d) Reinstatement. Any member suspended or terminated from the rolls of
the Association may be reinstated by the method prescribed by these
bylaws for new members.
ARTICLE IV
Finances
1. Annual dues. The annual dues of all classes of membership shall be
set by the executive committee. All dues shall be payable annually. Dues shall be collected by the Treasurer of the Association. It is the policy of the Association that no local dues shall be collected from persons who are employed by the Office of the Public Defender or the Office of Regional Counsel.
2. Fiscal Responsibility. The executive committee shall ensure that monies collected for dues are spent on behalf of the Association. Legitimate expenditures shall include those spent for continuing education, social events for members, or contributions to events primarily concerned with the cause of criminal justice. Funds shall not be expended on behalf of any political candidate or to advocate for any election cause.
ARTICLE V
OFFICERS
1. Powers.
(a) The business and affairs of this Association shall be managed by its officers in accord with these bylaws and the advice and consent of the membership.
2. Officers. The elected officers of the Association shall be President,
Vice-President, Treasurer, Secretary and Chapter Representative(s).
3. Qualifications of Officers. Only voting members in good
standing immediately preceding election shall be eligible to be officers.
4. Election of Officers.
(a). The officers are to serve a one (1) year term or until their successors take office. Any officer with the exception of the President or Chapter Representative(s) may serve unlimited terms. The President may only serve two successive terms. A Chapter Representative shall serve no more than three successive terms.
(b) There shall be a nominating committee consisting of one current elected officer, and two other members.
(c) Elections should be held in the final quarter of the calendar year and should be scheduled on a specified date with at least ten days notice to the membership of an “Election Meeting.”
(d) The nominating committee should prepare a slate of proposed candidates for distribution to the membership at the same time the notice of elections is issued.
(e) On the date set for elections, the slate of candidates prepared by the nominating committee shall be presented to the membership. At the same time, nominations shall be accepted from the floor if made by any member not seeking office and seconded by any other member.
(f) At the Election Meeting, if the there are no nominees from the floor, then the slate prepared by the nominating committee shall be deemed elected by acclimation.
(g) If there are nominees from the floor, then an election for the contested position shall be held via distribution and tabulation of a written ballot. The Secretary of the Association shall be responsible for tabulating the ballots and assuring that all those who voted are members in good standing.
(g) The results of the balloting shall be formally announced by the
President, at the Election Meeting, and the candidates receiving the
highest number of votes for their respective offices shall be declared
duly elected.
4. Vacancies. If the office of the President becomes vacant by
resignation or otherwise, the Vice President immediately becomes
President for the unexpired term. Such service by the Vice-President shall not be counted against any term limit provided by these bylaws. Should any other elective office or at large directorship become vacant, by resignation or otherwise, during the term of office provided for herein, that office or directorship shall be filled at the next meeting of the Association.
5. Duties of Officers
(a) The President of the Association shall be the Association’s chief
executive officer; shall be responsible to oversee and coordinate the
activities of the Association; shall be the chief spokesperson for the
Association and, whenever practicable, shall appear publicly for the
Association and speak its policies; shall preside at the meetings
of the Association, shall be the representative and directive head in the general
conduct of Association affairs; shall appoint the members and
chairpersons of the standing committees; shall perform whatever other
duties may be necessary to fulfill his responsibilities prescribed by
the bylaws; and shall be ex officio member of all committees.
(b) The Vice President of the Association shall perform such duties that the President may assign; shall respectively succeed to the duties of the President in the absence or incapacity of the President Elect, and shall perform whatever other functions the bylaws may prescribe.
(c) The Secretary of the Association shall maintain the minutes of general membership meetings if called upon to do so by the membership, shall ensure and govern elections and amendments of bylaws; shall send notice of meetings to members; shall conduct whatever other correspondence the Association may require; shall maintain a current list of members and others designated to receive Association correspondence and memorandums but shall not release said list to non-members without permission from the membership; and shall perform whatever other duties the bylaws may prescribe.
(d) The Treasurer of the Association shall collect the dues, assessments
and other monies payable to the Association; shall maintain all the
financial records of the Association; shall promptly record all
Association receipts and shall deposit same within one month of receipt
in a banking institution approved by the membership; shall issue and sign
checks for the withdrawal of said receipts in payment of Association
obligations; shall endorse checks for deposit only in the bank account
of the Association; shall maintain a current record of the standing of
all members in respect to the payment of dues and shall report to the
executive committee the names of those persons who have been notified of their
delinquency in the payment of dues in excess of three (3) months; shall maintain the financial statements and make them available to all members upon request; shall submit a report to the executive committee on the financial condition of the Association whenever requested by that executive committee; and shall perform whatever other duties the bylaws may prescribe.
(e) The Chapter Representative(s) shall serve as the Association’s director(s) on the statewide board.
6. Executive Committee.
(a) The Executive Committee is comprised of the President, Past-President, Vice President, Secretary and Treasurer.
(b) The purpose of the Executive Committee shall be to act on
Association business and transactions during the interim period between
meetings of the membership. Any action taken by the Executive Committee shall
not be inconsistent with any prior action or policy of the membership or these bylaws. The Executive Committee shall report to the membership at its succeeding meeting any such action taken.
(c) The Executive Committee shall meet as convened by the President or
at the request of three (3) or more members of the Executive Committee.
A majority of the members of the Executive Committee shall constitute a
quorum.
ARTICLE VI
Meetings
1. No fewer than six meetings of the Association should be held annually. Notice of these meetings shall be given to all members. Notice of a scheduled meeting shall be given as soon as practical; however notice of the Election Meeting must be given at least ten days in advance of the meeting.
2. Quorum. If a meeting has been noticed to the membership, than the voting members of the Association who attend the meeting shall be sufficient to constitute a quorum to transact business.
3. Resolutions, motions and other action generally. Resolutions, motions
and other action shall be deemed approved by the affirmative vote of the
majority of the valid votes cast in all instances except where it may be
otherwise specifically prescribed by these bylaws.
4. Meeting procedure. Except as otherwise provided by these bylaws,
meetings of general membership shall be conducted with civility and respect to those wishing to be heard. The President of the Association may enforce this rule.
ARTICLE VII
Committees
There shall be a nominating committee as described in Article V-(4). The Association may establish such other committees as necessary to carry out the legitimate business of the organization.
ARTICLE VII
Adoption and Amendment of Bylaws
1. Method. The bylaws may be adopted, amended or rescinded at any meeting of the Association by an affirmative vote of 2/3 of the voting members in good standing present and voting; provided that notice of the proposed action shall first have been given by the Secretary to the voting members at least thirty (30) days before the meeting for which the vote shall be taken. Notice of such a proposed action may be filed by one (1) or more voting members with the Secretary and such action shall initiate a thirty (30) day notice from the Secretary and a subsequent vote at the following meeting of the Association.
2. Effective Date. These bylaws and all amendments thereto shall take
effect immediately upon adoption by the Association unless otherwise
specifically so provided.
