SBA Constitution

UNIVERSITY OF LOUISVILLE SCHOOL OF LAW

STUDENT BAR ASSOCIATION

CONSTITUTION

ARTICLE I - NAME

The name of this organization shall be the University of Louisville Student Bar Association (herein after referred to as Student Bar Association or SBA).

ARTICLE II - OBJECTIVES AND PURPOSES

1. To promote and encourage professional competence in the study of law;

2. To provide a liaison among students, faculty and alumni;

3. To assume responsibility for student social affairs within the School of Law;

4. To serve as a forum for the discussion of professional problems; and

5. To enhance the professional reputation of the School of Law as well as its students and alumni.

ARTICLE III - POWERS

The Student Bar Association shall be the official student organization at the University of Louisville School of Law. As such, the Student Bar Association shall be responsible for the self-governance of the student body and shall represent student concerns and interests to the academic and legal communities. The Student Bar Association shall have all necessary powers required to carry out its necessary and proper functions.

ARTICLE IV - MEMBERSHIP

Every student in the University of Louisville School of Law shall be a member of the Student Bar Association. A student is defined as one who is enrolled as a candidate for the degree of Juris Doctor.

ARTICLE V – OFFICERS

1. General requirements for officer positions:

a. Each candidate must be a member in good standing of the Student Bar Association. Member in good standing shall be defined as having at least a 2.0 cumulative GPA and not being on academic or disciplinary probation or suspension from the University of Louisville School of Law.

b. No one may be a candidate who does not have at least two semesters (day or evening) remaining in residence following the semester in which he or she is elected. For purpose of this Article, the term “semester” specifically excludes the summer semester.

c. Each candidate must be a full-time student in either the day or evening division as set out in the University of Louisville School of Law Bulletin.

d. With the exception of the Day and Evening Vice-Presidents, who shall be elected by members of their respective divisions, all officers shall be elected by a vote of all members of the Student Bar Association.

2. Positions of officers:

a. President

b. Vice-Presidents, Day Division and Evening Division

c. Secretary

d. Treasurer

e. Two representatives from each the prospective second and third-year classes of the Day Law School Division to serve as class representatives

f. One member to represent and to be elected by, in the manner prescribed by Article VII of this Constitution, each of the prospective second, third, and fourth-year classes of the Evening Law School Division.

g. One member to be elected from and to represent each section of the first-year class of the Day Division and the Evening Division.

h. One American Bar Association, Law School Division Representative (herein after referred to as ABA/LSD Representative). The candidate for this position must be a member of ABA/LSD.

i. One Louisville Bar Association Representative to be elected from the first year class.

j. Two Senators of the University of Louisville Student Government Association.

k. Bookstore Manager.

l. Social Chair.

m. Fund Raising Chair.

n. President of the Student Bar Foundation

o. Career Services Chair

p. Public Service Chair

The terms of the office of the first-year representatives shall run from the election in September to the time of installation of new officers following the election of Student Bar Association officers and other representatives in the following spring semester.

3. Temporary absence of officers

In the event of the absence of the President from any meeting of the Association or Assembly, the duties of the President shall be assumed by the highest ranking official of the Association present at the meeting. For the purpose of this section only, the Vice-President of the Day Division shall be deemed to rank higher than the Vice-President of the Evening Division.

4. Replacement of officers

In the event that any officer of the Association shall become permanently unable to perform his or her duties as set forth in this Constitution, the Assembly shall first determine that there is a vacant office and shall then recommend, from among those persons qualified to fill the vacant office, a member of the Association to fill the unexpired term of the vacant office. The President shall then appoint a member of the SBA to fill the unexpired term of the vacating member.

Should the President of the Association become permanently unable to perform his or her duties as set forth in this Constitution, the Day Division Vice-President shall automatically become the acting president until the next regularly scheduled meeting of the Assembly. At that meeting, the Assembly shall first determine that the office of the president is vacant; nominations may be made by members of the assembly of persons who are qualified to fill the office of president. The Assembly shall then vote on the nominees. The nominee who receives two-thirds (2/3) of the assembly vote shall be president. In the event that no candidate receives two-thirds (2/3) of the vote, the two nominees with the highest number of votes shall be voted on in a run-off election. The candidate who receives the majority of the run off election vote shall then be president. The most senior member of the Assembly who is not a candidate in the election shall preside over the election. For the purposes of this section only seniority of officers shall be determined in the order which they are listed in Title VI section 2.

6. Resignation of Officers

In the event of a written, signed, and dated resignation of an officer of the Assembly, the SBA President shall at the next Assembly meeting announce the resignation to the Assembly. The Assembly shall then vote to accept the resignation and declare the office vacant. In the event that any officer of the Assembly shall become unable to perform his or her duties as set forth in this Constitution, the Assembly shall first determine that there is a vacant office. In the event of a vacant office, the Assembly shall then recommend from among those persons qualified to fill the vacant office, a member of the Assembly to fill the vacant office. The Assembly shall then vote on the recommendation. Passage of a motion to accept the recommendation shall be deemed an appointment to fill the unexpired term of office. The President shall then appoint a member of the SBA to fill the unexpired term of the member of the Assembly appointed to fill the unexpired term of the vacant office.

6. Impeachment of Officers

On motion to the assembly for impeachment of a member of the assembly there shall be a vote of impeachment. If the vote of impeachment passes by a majority then the person who is the subject of the vote is under impeachment and proceedings may begin for their removal. For the removal of a officer under impeachment there shall be a “cooling off” period. This shall be the time period until the next regularly scheduled meeting of the Assembly. At the regularly scheduled meeting of the Assembly following a vote of impeachment there shall be a vote for removal of the impeached officer. Upon a two thirds (2/3) vote by the assembly for removal the officer under impeachment shall be removed from the assembly and their position deemed vacant. The person who is the subject to the vote of impeachment may vote in the determination of impeachment, however, an impeached member of the assembly may not vote in any matter until after there has been a vote determining whether they will be removed from the assembly. The votes for impeachment and removal of an officer of the Assembly shall be presided over by an officer nominated and elected by a majority vote of the assembly.

7. SBA Executive Committee

The SBA President, SBA Vice-Presidents, Secretary and Treasurer shall comprise the SBA Assembly Executive Committee. The Executive Committee shall meet at the call of the SBA President for the planning of semester events and matters before the assembly. The SBA President, or highest ranking officer of the Executive Committee present at the next Assembly meeting immediately following an Executive Committee meeting shall report the activities of the Executive Committee to the Assembly.

ARTICLE VI-Assembly

1. Purpose

The purpose of the Assembly shall be to act as the representative body of the Student Bar Association, to further the best interests of the Association, and to fulfill such functions as are herein set forth in this Constitution.

2. Powers

a. The Assembly shall govern and manage the Student Bar Association (Association) in accordance with and subject to the limitations set forth in this section.

b. The powers of the Assembly to manage and govern shall include, but not be limited to, adoption of Bylaws to the Constitution by a two-thirds vote of the Assembly, the power to expend and acquire funds, grant scholarships, maintain faculty and student relationships, set up programs conversant with the objectives of the Association, and other general activities. The Assembly shall provide for standing and ad hoc committees as it deems necessary. The Assembly shall have powers to study any existing or proposed Constitutional provision and make recommendations thereon to the Association membership.

c. The Assembly shall have the power to affiliate the Association with other organizations, provided that the objectives and purposes of those organizations are consistent with the objectives and purposes of the Association. The power of censure by the membership of the Association shall not in any way be nullified by this provision.

d. In the event of an emergency, which the Assembly shall determine to exist by a three-fourths vote of all its members, an issue or item may be passed, signed, and placed into effect, and immediate action taken on said issue or item as an emergency provision.

3. Use of powers

a. At any meeting of the Assembly, a two-thirds majority of the total membership of the Assembly must be present to constitute a quorum for transacting business or otherwise acting on behalf of the Association.

b. Passage of issues or items shall be by simple majority vote of the members present, provided that such members constitute a quorum. The issue or item shall be reduced to writing and submitted to the President of the Association for singing by him or her, whereupon it shall become effective immediately unless otherwise provided within said issue or item.

c. All committee chairpersons and members of these committees hereby listed in the by-laws shall be appointed by Student Bar Association by a majority vote.

d. In areas of jurisdiction not specifically set forth, the Assembly, upon motion of one of its members, shall determine its jurisdiction to act by affirmative vote of two-thirds (2/3) of the members present.

e. The Assembly shall establish and implement procedures to use powers herein delegated except for those powers relating to the passage by vote of issues and items, the number of members to the Assembly, and their qualifications as established by this Constitution.

4. Membership

The membership of the Assembly shall be composed of:

a. The President, Vice-President Day Division), Vice-President (Evening Division), Secretary, and Treasurer of the Student Bar Association.

b. Two members to represent and to be elected by, in the manner prescribed by Article VII of this Constitution, each of the prospective second and third-year classes of the Day Law School Division.

c. One member to represent and to be elected by, in the manner prescribed by Article VII of this Constitution, each of the prospective second, third, and fourth-year classes of the Evening Law School Division.

d. One member to be elected from and to represent each section of the first-year class of the Day Division and the Evening Division.

e. One member to be elected as American Bar Association, Law School Division Representative (herein after referred to as ABA/LSD Representative). The candidate for this position must be a member of ABA/LSD.

f. Two members to be elected from and to represent the entire membership of the Association as Senators of the University of Louisville Student Government Association.

g. One member to be elected as Bookstore Manager,

h. One member to be elected as Social Chair.

i. One member to be elected as Fund Raising Chair.

j. The President of the Student Bar Foundation shall be an officer of the assembly and appointed in accordance with the procedures set forth by the Foundation

k. One member to be elected as Career Services Chair

l. One member to be elected as Public Service Chair

m. One member to be elected Public Relations Chair

The terms of the office of the first-year representatives shall run from the election in September to the time of installation of new officers following the election of Student Bar Association officers and other representatives in the following spring semester.

5. Duties of Assembly Officers

a. It shall be the duty and responsibility of each member of the Assembly to act in the best interest of the Association at all times.

b. President

The President shall be the presiding officer at all meetings of the Association. He or she shall be the chief administrative officer and the official representative of the SBA. The President shall serve as the student representative at faculty meetings. The President shall be the presiding member of the Assembly and shall have no vote. In the event that the vote of the Assembly shall be equally divided on any issue or item, the President shall decide the matter. The President shall be an ex-officio member of all Assembly. The President shall serve as a Student Government Association senator.

c. Vice-Presidents, Day Division and Evening Division

1) The Vice-President of the Day Division must be a day student and shall be elected by majority vote of the members of the Student Bar Association in the day division. The Vice-President of the Day Division shall serve as the coordinator of all standing and appointed committees and shall be an ex-officio member of same. He or she shall serve as the official representative of the Student Bar Association at day functions in the Presidents absence. The vice-presidents shall be responsible for organizing and planning orientation for students of the entering class.

2) The Vice-President of the Evening Division must be a Evening student and shall be elected by the members of the Student Bar Association in the Evening division. The Vice-President of the Evening Division shall serve as ex-officio member of all standing and appointed committees. He or she shall serve as the official representative of the Student Bar Association at evening functions in the President’s absence and shall be responsible for planning evening division activities and graudation events.

3) In the absence of the President at a regularly scheduled meeting, the Vice Presidents shall alternate coverage. The first coverage will be determined by coin flip.

d. Secretary

The Secretary shall conduct all official correspondence and shall record and preserve the minutes of all meetings of the SBA and the Assembly. He or she shall be responsible for maintaining and updating the student mailboxes and shall perform any other record keeping duties necessary. The Secretary will be responsible for intra-law school mail delivery.

e. Treasurer

The Treasurer shall prepare and preserve all financial records and make all authorized expenditures of funds for the Association. The Treasurer shall serve as financial advisor to the Assembly and shall give periodic reports of the financial status of the Association to the Assembly.

f. Class Representatives

The class representatives shall be responsible for bringing before the Assembly matters initiated by persons of the class or classes which said members represent on the Assembly. The officers of the Association shall be responsible for representing the first-year students from both the Day and Evening Law School Division.

g. The American Bar AssociationLaw School Division Representative

The ABA Represenative responsible for informing students of the benefits of the ABA/LSD, recruiting students for membership in the ABA/LSD, and acting as liaison to the Kentucky Bar Association and the American Bar Association.

h. The Louisville Bar Association Represenative

The LBA Represenative is responsible for informing students of the benefits of the Louisville Bar Association, recruiting students for membership in the Louisville Bar Association, and acting as a liaison to the Louisville Bar Association.

i. Student Government Association Senators

The SGA Senatorsrepresent the interests of the Student Bar Association and to keep the Student Bar Association informed of all pertinent actions taken by the Student Government Association.

j. The Bookstore Manager

The Bookstore Manager is responsible for developing policies for the management of the SBA Bookstore, and operating the Bookstore. The Bookstore’s business includes the consignment and sale of used books, the sale of any other item the Association may offer to the student body through the Bookstore, and other services deemed necessary by the Assembly.

k. The Social Chair

The Social Chair is responsible for planning, organizing, and running social events for the student body in accordance with accepted School of Law and University of Louisville policies.

l. The Fund Raising Chair

The Fund Raising Chair is responsible for planning, organizing, and implementing fund raising events and activities to benefit the treasury of the Student Bar Association.

m. The President of the Student Bar Foundation

The President of the Student Bar Foundation is subject to the duties set forth in the Student Bar Foundation Constitution and shall have no other duties under this Constitution except those of attendance and participation in regularly scheduled meetings of the Assembly.

n. The Career Services Chair

The Career Services Chair shall regularly meet with the Assistant Dean for Career Services. The Career Services Chair shall keep the Assembly informed of all actions taken by Career Services.

o. The Public Service Chair

The Public Service Chair shall regularly meet with the Director of the Public Service Program. The Public Service Chair shall keep the Assembly informed of all actions taken by the Director of the Public Service Program.

p. The Public Relations Chair

The Public Relations Chair shall promote all SBA events to the student body and legal community. The Public Relations Chair shall determine the SBA Student of the Month.

6. Powers of Assembly officers

a. Members of the Assembly shall have full powers to suggest, propose, discuss, or call any item or issue with the purview of the Assembly at any meeting of the Assembly.

b. Each officer named above shall have the right and duty to cast one vote on any issue or item called for a vote unless the voting power of such member shall be altered by other provisions of this Constitution,

c. Members of this Assembly shall have voting power by proxy one (1) time each semester. All persons acting as a proxy must meet the regular requirements of assembly membership. Members of the Executive Committee shall not have voting power by proxy. The Secretary shall note in the minutes the name of the designated proxy.

d. No member of this Assembly shall have more than one vote.

7. Regular meetings of the Assembly

The Assembly shall meet at a regular time and day established by the President, at least twice a month during the fall and spring semester. Notice of regular meetings must be posted two full class days in advance, and meetings of the Assembly will be open to all members of the Student Bar Association.

8. Special meetings of the Assembly

a. The President of the Association may call a special meeting of the Assembly by posting an announcement of the proposed meeting one full class day in advance of the meeting. The notice must be placed on the SBA message board and must set forth the time, place, and purpose of the proposed meeting.

b. A special meeting of the Assembly may be called by one-third of the members of the Assembly with two full class days notice. A notice of the proposed meeting must be posted in three conspicuous areas of the law school and must set forth the time, place, and purpose of the meeting.

9. Out of term transaction of Business

a. The Executive Committee shall have the power and authority to transact business in the name of Student Bar Association, including but not limited to expending Association funds, without the approval of the full Assembly during the time between the end of the Spring Semester and the beginning of the Fall Semester.

b. During the above mentioned time, the Executive Committee shall not alter the Student Bar Association Constitution, impeach members, or appoint new members of vacant positions.

c. Prior to any action taken under this section, all actions must be approved by a majority of the Executive Committee and reported to Assembly at the first meeting thereafter.

10. Attendance Policy

Any member who has more than two (2) unexcused absences during a semester will be expelled from the Assembly. Any member who cannot attend a regularly scheduled meeting shall submit a written excuse to the President within 24 hours before said meeting. All excuses must be approved by the President or the Secretary. Names of members absent will be listed in the minutes accompanied by whether they are excused or unexcused.

11. Recall of Assembly actions

The Student Bar Association shall have the power of censure over the members and actions of the Assembly:

Censure: Any action of the Assembly, save those affecting the contract rights of innocent third parties, may be the subject of a vote of censure by the members of the Student Bar Association. A motion for censure shall be signed by ten percent (10%) of the members of the Association and presented in petition form to the Assembly not later than twenty-one (21) days after any issue or item has been passed by the Assembly. At that time all action on the subject, issue, or item shall be held in abeyance. The Assembly shall call a general meeting of the Student Bar Association membership and shall present its issues or items and the petition of censure. A vote shall then be taken by all members present and if a majority of two-thirds approves the petition of censure, the issue or item in question shall be considered void and non-presentable before the Assembly for one year from that date.

ARTICLE VII - ELECTIONS

1. Time and place

Elections for all members of the Assembly, with the exception of first-year representatives, shall take place within the last week of March and the first week of April, so long as it does not conflict with spring break, at the time and place specified by the Elections Committee. Those members of the Assembly who are newly elected shall take office within the third week of April. Representatives of the third-year day class and fourth-year evening class may vote in the general elections held up until such time as they graduate from the University of Louisville School of Law. Elections for first-year class and Louisville Bar Association representative shall be held within the last two weeks of September at the time and place specified by the Elections Committee.

2. Procedures

Procedures for election shall be determined by the Elections Committee. After approval by the Assembly, such procedures shall be provided to all candidates at least one week prior to the elections. The Elections Committee shall have the power to decide all election violation claims and punishments associated therewith. The Election Committee shall be appointed by the President of the Student Bar Association with the advice and consent of the Assembly.

3. Applicability

This Article shall apply to every officer of the Assembly except for the President of the Student Bar Foundation who shall assume the office of President of the Student Bar Foundation in accordance with the Constitution of the same.

ARTICLE VIII - FINANCIAL CONSIDERATIONS

1. It shall be the responsibility of the President and Treasurer to submit an itemized budget to the Assembly outlining the expected receipts and expenditures for the upcoming fiscal year. (The itemized receipts shall include monies approved by or expected from the Student Government association of the University of Louisville and a reasonable calculation of monies to be generated by the Student Bar Association.)

2. All proposed appropriations must be approved by a majority of the Assembly. The Assembly may approve or disapprove in whole or in part the proposals submitted by the President, but an itemized budget must be approved before there can be any expenditures of SBA funds.

3. After approval by a majority of the Assembly, the budget is final, and no expenditure contrary to the provisions of the budget may be made except upon approval by a majority of the Assembly.

4. Should actual receipts be above or below anticipated receipts, a budget adjustment may be submitted by the President or Treasurer, and the Assembly must, by a simple majority vote, approve any deletion or addition to the budget. As emergency requires, the President or Treasurer, after consultation with the other, shall have authority to amend the budget.

5. It shall be the responsibility of the President and the Treasurer to insure that all expenditures are made pursuant to the approved budget.

ARTICLE IX - THE STUDENT BAR FOUNDATION

1. Status

The Student Bar Foundation is directly under the oversight of the Assembly of the Student Bar Association.

2. Purpose

It shall be the purpose of the Student Bar Foundation to dispense the funds raised to applicants who are members of the Student Bar Association.

3. Governance

The Governance of the Student Bar Foundation shall be according to the Constitution of the Student Bar Foundation which must be ratified by the Assembly.

4. Finances and Fundraising

The finances and fundraising of the Student Bar Foundation shall be governed by the Constitution of the Student Bar Foundation and administered accordingly under the oversight of the Assembly. The Student Bar association may raise funds in any way which is deemed necessary by the board and governing members of the Student Bar Foundation.

5. Joint Roles of Officers

The President of the Student Bar Association shall be a member of the Board of the Student Bar Foundation and shall have all voting and decision-making authority associated with that position. The Fundraising Chairperson of the Assembly shall also be the Fundraising Chair for the Student Bar Foundation. The President of the Student Bar Foundation shall be considered an officer of the Assembly of the Student Bar Association with full voting rights and privileges. The President of the Student Bar Foundation shall be subject to the duties of and officer of the Assembly including those outlined in Article VI section 10.

6. Disbursement of Student Bar Foundation Funds

The Student Bar Foundation shall disburse funds as it sees fit. The President of the Student Bar Foundation shall report any disbursement of funds to the Student Bar Assembly at the next scheduled SBA meeting.

ARTICLE X – HONOR CODE

All officers of the Assembly shall observe the Honor Code of this Association, which is made a part of this Constitution as if fully set forth herein.

ARTICLE XI – AMENDMENTS

 

Amendments to this Constitution or the By-laws shall be proposed in writing or verbally at any regular meeting of the Assembly of the Student Bar Association or notice of the Amendment shall be submitted to each officer of the Assembly ten (10) days prior to a regularly scheduled meeting of the Assembly. All proposed Amendments will then be transcribed as they are introduced to the Assembly. The proposals will then be posted along side the present language in this Constitution for ten (10) days and the said Amendment is to be ratified by two-thirds of the voting members of the Assembly at the next regularly scheduled meeting. Such proposed Amendments may be challenged through a petition calling for a referendum election which contains signatures of at least ten percent (10%) of the students attending the University of Louisville School of Law. Said petition must be submitted within ten (10) days after posting to an officer of the Assembly.

 

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