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BY-LAWS ARTICLE I Identification 1.1 Creation . The Litigation Section of the Utah State Bar (the "Section') was established pursuant to Article X, Section I of the By-Laws of the Utah State Bar (the "Bar") to accomplish the purposes set forth therein. 1.2 Purpose. The purpose of the Section shall be to seek the participation of all interested members of the Bar and of local bar associations in order to: (1) provide the opportunity and forum for the interchange of ideas in the area of litigation by sponsoring various programs and seminars and other forms of continuing legal education; (2) assist the judiciary in litigation-related projects and issues; (3) undertake such other services or projects as may be of benefit to the members, the legal profession and the public; (4) promote the sound development of ethical and professional litigation practices and procedures; 1.3 Limitations. These By-Laws have been adopted subject to applicable Utah statutes and the By-Laws of the Bar. 1.4 Office The principal office of the Section shall be maintained in the offices of the Bar. The operating office of the Section shall be that of the Chair during his/her term of office. 1.5 Fiscal Year . The fiscal year of the Section shall coincide with that of the Utah State Bar. ARTICLE 2 Membership 2.1 Enrollment. Any member in good standing of the Bar may be enrolled as a member of the Section by notifying the Bar of such desire and by the payment in advance of annual Section dues in the amount approved by the Executive Committee of the Section and the Board of Commissioners of the Utah State Bar. 2.2 Membership. Members enrolled as provided in Section 2.1 shall constitute the Membership of the Section. 2.3 Dues. Dues in the amount approved by the Executive Committee and the Board of Commissioners of the Bar shall be paid annually in advance; provided, however, that additional monies may be raised by the Executive Committee as needed to operate the Section. ARTICLE 3 Meetings of the Section's Membership 3.1 Annual Meeting. The Annual Meeting of the Section shall be held in conjunction with the Annual Meeting of the Bar, unless a different time is previously determined by vote of the Executive Committee. 3.2 Quorum . The members of the Section present at any meeting shall constitute a quorum for the transaction of business. 3.3 Controlling Vote. Action of the Section shall be by majority vote of the members present at any duly noticed meeting of the Section. Other acts of the Section shall be by majority vote of the Executive Committee. 3.4 Agenda . Among the business to be transacted at the annual meeting by the Membership shall be the election of officers and Executive Committee members. Any Judge sitting on the Executive Committee shall be invited and/or appointed by the Executive Committee and shall not be elected by the Section membership. 3.5 Special Meetings. Special meetings of the Section Membership may be called by the Chair at such time and place as the Execute Committee may determine. Reasonable notice of any such meeting shall be given to the Membership. ARTICLE 4 The Executive Committee 4.1 Powers. The Executive Committee shall be vested with the powers and duties necessary for the administration of the affairs of the Section. 4.2 Composition . The Executive Committee shall be composed of the Officers of the Section, and at least 8 additional Section members elected by the Section Membership. At least one member of the Executive Committee shall be a sitting judge in the State or Federal Court systems, whose term shall be two years, and at least one member of the Executive Committee shall be a representative practicing outside Salt Lake County. 4.3 Election . At the Annual Meeting members of the Executive Committee shall be nominated and elected for terms of two years. In addition, there shall be nominated and elected a Committee member to fill each existing vacancy who shall serve during the remainder of the term of such vacant position. 4.4 Eligibility for Membership. No person shall be eligible for nomination or election as an Officer of the Section or a member of the Executive Committee unless he or she shall have been a member of the Section throughout the year in which an election is held. Members appointed to special projects committees shall serve until the special project is completed or for a term defined by the Executive Committee. 4.5 Controlling Vote. Action of the Executive Committee shall be by majority vote of the Executive Committee. A member of the Executive Committee may vote by written proxy by instructing the Secretary in writing of the manner in which such vote is to be cast. 4.6 Meetings. The annual meeting of the Executive Committee shall be held in conjunction with the annual meeting of the Section. Special meetings shall be held at the time and place as may be designated by the Chair or by any officer of the Section. A meeting is not essential to action by the Executive Committee provided response to any proposed action is elicited from all members of the Executive Committee and a majority of the members have approved said action. 4.7 Political and Other Public Positions. Political and other public positions of the Section may be authorized by the Executive Committee without a vote of the Section Membership at large. 4.8 Committees. The Executive Committee may authorize the Chair to appoint or terminate committees comprised of Section members to perform such duties and exercise such powers as the Executive Committee may direct, subject to the limitations of these By-Laws and the By-Laws of the Utah State Bar. Members of special committees shall be appointed by the Chair subject to the approval of the Executive Committee. 4.9 Vacancies. The Executive Committee during the interim between annual meetings of the Section, may fill vacancies in its own membership or in the offices of Chair-elect or Secretary-Treasurer, and, in the event of a vacancy in both the office of Chair and Chair-Elect, then in the office of Chair. Members of the Committee and officers so selected shall serve until the close of the next annual meeting of the Section. 4.10 Business of the Executive Committee. The Executive Committee shall be responsible for the operation and administration of the Section. ARTICLE 5
Officers 5.1 Officers. The officers of the Section shall be the Chair, the Chair-Elect and the Secretary-Treasurer. 5.2 Chair. The Chair shall preside at all meetings of the Section and of the Executive Committee. The Chair shall formulate and present at the Annual Meeting of the Bar a report of the work of the Section for the past year. The Chair may appoint committees to perform such duties and exercise such powers as the Executive Committee may direct. The Chair shall perform such other duties as usually pertain to or are required by this office, or as may be delegated by the Executive Committee. The Chair shall also serve as Program Chair for the Section. 5.3 Chair-Elect. In the absence of the Chair, the Chair-Elect shall perform the duties of the Chair. Upon the death, resignation or during the disability of the Chair, or upon his/her refusal to act, the Chair-Elect shall perform the duties of the Chair for the remainder of the Chair's term except in case of the Chair's disability and then only during so much of the term as the disability continues. The Chair-elect shall also serve as Deputy Program chair for the Section. 5.4 Secretary-Treasurer. The Secretary-Treasurer shall be the custodian of all books, papers, documents, and other property of the Section. The Secretary-Treasurer shall keep a true record of all accounts and of the proceedings of all meetings of the Section and of the Executive Committee, whether assembled or acting under submission. In conjunction with the Chair and as authorized by the Committee, the Secretary-Treasurer shall attend generally to the business of the Section. ARTICLE 6 Elections of Officers 6.1 Elective Offices. Each year the membership shall elect a Chair-Elect and a Secretary/Treasurer to serve one-year terms. Judges and special projects committee members shall serve by invitation and/or appointment rather than election. 6.2 Chair and Chair-Elect. The Chair-Elect shall automatically succeed to the office of the Chair. In the event the office of Chair-Elect shall be vacant at the end of a Chair's term, then a new Chair shall be elected in the same manner as set forth in Section 6.1 hereinabove. The Secretary shall automatically succeed to the office of the Chair-Elect. In the event the office of Secretary shall be vacant at the end of a Chair-Elect's term, then a new Chair-Elect shall be elected in the same manner as set forth in Section 6.1 hereinabove. The Chair shall serve on the Executive Committee in an Ex-Officio capacity for a period of one year following service as the Chair. 6.3 Nominations. The Chair shall annually appoint a Nominating Committee of not fewer than three (3) members of the Section, which shall make nominations at the Annual Meeting of the Section for the office of Secretary-Treasurer and for such other vacancies as may occur. 6.4 Voting. All elections shall be by acclamation or show of hands unless there is a written request for written ballot 45 days prior to the Annual Meeting. 6.5 Term of Office. The term of office shall begin with the adjournment of the Annual Meeting following election and shall end following the Annual Meeting at which a successor has been duly elected and qualified. ARTICLE 7 Amendments These By-Laws may be amended at any meeting of the Section by a majority vote of the members of the Section present and voting, provided that such proposed amendment shall first have been approved by a majority of the Executive Committee and provided further that no amendment so adopted shall become effective until approved by the Board of Commissioners of the Utah State Bar. ARTICLE 8 Miscellaneous 8.1 Approval of Expenditures. All bills incurred by the Section, before being forwarded to the Utah State Bar for payment, shall be approved by the Chair or the Chair's designee. 8.2 No Compensation for Service. No salary or compensation shall be paid to any officer or member of a committee. 8.3 Committee Actions. Any action approved and proposed by a committee of the Section must be approved by the Section or the Executive Committee, where appropriate, before the same becomes effective as the action of the Section, unless such committee action is otherwise authorized pursuant to an existing resolution. Any action by this Section must be approved by the Utah State Bar before the same becomes effective as the action of the Utah State Bar. Any resolution adopted or action taken by this Section may on request of the Section be reported by the Chair of the Section to the Annual Meeting of the Utah State Bar for the Bar's action thereon. Adopted by the section membership at the Section's Annual Meeting, July 4, 1997. Paul Maughan, Secretary Approved by the Board of Commissioners of the Utah State Bar, 1997.
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