Board Resolution ~ 05/04/2002(2)

Approving Proposed Amendments to the Bylaws

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Approving Proposed Amendments to the Bylaws 

Cincinnati, Ohio

May 4, 2002

On May 4, 2002, in Cincinnati, Ohio, NACDL Bylaws Committee Chair Richard Cremer submitted to the Board of Directors these proposed amendments to the Bylaws. The Board voted to approve the proposed amendments. Proposed amended language appears in bold italics.

Article IV, Section 4. Regular Membership

Regular membership in the Association shall be available to attorneys of professional competence, integrity and good moral character who are actively engaged in or retired from the defense of criminal cases, and who pay dues to the Association in an amount established by the Board of Directors. A regular member may vote in all general membership matters.
Explanation: This change would allow members who retire from the practice of law to remain active as voting members in the association.  

Article V, Section 8. Executive Committee

(b) The Executive Committee shall annually review the performance of the Executive Director and determine if performance is consistent with the terms of the employment contract entered into by the association with the Executive Director. If a finding is made by majority vote of the executive committee that the contract of the Executive Director should be terminated for cause or otherwise, the Executive Committee shall forward its determination to the Board of Directors for its approval or disapproval. A determination to terminate shall be made by a majority vote of the Board. Any extension of the Executive Director's contract shall be executed by the President, after consultation with the Board of Directors and upon the advice and consent of two-thirds of the Executive Committee, on behalf of the Association.
Explanation: This change would require that the Board be consulted by the President of the association prior to extending the Executive Director's contract and the such extension be approved by two-thirds of the Executive Committee.  

Article VIII, Section 2. Duty (Nominating Committee)

The duty of the Nominating Committee shall be to nominate candidates for election as Directors and Officers of the Association. The Nominating Committee shall only nominate qualified candidates. The Nominating Committee will endeavor to assure diversity of representation among the Federal Judicial Districts whenever practicable, by nominating candidates to assure that there will be a minimum of two Directors representing each such Circuit. The Nominating Committee shall likewise consider a candidate's years of membership and service to the Association and the profession while endeavoring to assure minority and gender representation on the Board of Directors.
Explanation: This change will bring this provision of the By-Laws into conformity with NACDL’s Long Range Plan.  

Article VI, Section 4. Term of Office

Members of the Board of Directors elected by the membership shall be elected in accordance with Article VIII and hold office for a period of three (3) years. The representatives from the Affiliated Associations shall be selected in accordance with the Standing Board Policy on Affiliate Representatives and those selected in 2003 and thereafter shall hold office for a period of [two (2)] three (3) years.

Article VI, Section 5. Limitation of Service

In no event shall a Director elected by the membership or selected by the Affiliated Associations be reelected after two (2) consecutive complete three (3) year terms within one (1) year of completion of said service. The limitation of service shall apply to representatives selected by the Affiliated Associations in 2003 and thereafter.  

Explanation: These two proposed changes would make the term of service on the Board for Affiliate Representatives the same as other Board members and apply that service to the 6-year limit presently in place for those who are elected in the general membership election. The goal is to eliminate the present practice of a person serving 8 consecutive years on the Board by being elected as an Affiliate Rep and then to 2 terms in the general elections. 

On February 23, 2002, in Miami, Florida, NACDL Bylaws Committee Chair Richard Cremer submitted to the Board of Directors this proposed amendment to the Bylaws. The Board voted to approve the proposed amendments. Proposed amended language appears in bold italics.

Article IV, Section 15. International Membership  

International membership shall be available to attorneys of professional competence, integrity, and good moral character who are actively engaged in the defense of criminal cases who hold passports issued by, or who are citizens of nations other than the United States of America, or any of the fifty states, and who pay dues in an amount established by the Board of Directors. An International Member may vote in all general membership matters.  

Section [15] 16. Voting

Section [16] 17. Revocation of Membership

Section [17] 18. Resignation

Explanation: This is a new section that establishes the membership category of international member. With the creation of new Section 15, subsequent Sections are reordered. 

This Notice is required pursuant to Article XIII, Section 2 of the NACDL Bylaws. 

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