صور الصفحة
PDF
النشر الإلكتروني

months, and oftener, if called together by the president. They shall have power to make such regulations, not inconsistent with the constitution and by-laws, as shall be necessary for the protection of the property of the association, and for the preservation of good order in the conduct of its affairs. They shall keep a record of the proceedings, which shall be read at the ensuing meeting of the association; and it shall be their duty to present business for the association. They shall have no power to make the association liable for any debts amounting to more than half the amount in the treasurer's hands in cash, and not subject to prior liabilities. They shall perform such other duties as are required of them by the constitution, or as may be assigned to them by the president.

ORDER OF BUSINESS.

At each annual, stated or adjourned meeting of the association, the order of business shall be as follows:

1. Reading Minutes of preceding meeting.
2. Address of the President.
3. Report of the Treasurer.
4. Report of Central Council.
5. Election, if any, to membership.
6. Report of other standing committees.
7. Report of special committees.
8. Miscellaneous committees.
9. Election of officers.

The order of business may be changed by a vote of the majority of the members present.

No person in discussion shall occupy more than ten minutes at a time, nor be heard more than twice on the same subject.

The parliamentary rules and orders contained in Cushing's Manual, except as otherwise herein provided, shall govern all meetings of the association.

VI.- MEMBERS-ELECT.

If any person elected does not, within one month after notice of his election, signify his acceptance of membership by a letter to the secretary to that effect, and by payment of his admission fee, he shall be deemed to have declined to become a member.

VII.- COMMITTEES.

In pursuance of Article X. of the constitution, there shall be the following standing committees :

1. A Committee on Jurisprudence and Law Reform, who shall be charged with the duty of attention to all proposed changes in the law, and of recommending such as, in their opinion, may be entitled to favorable consideration of the association.

2. A Committee on Judicial Administration and Remedial Procedure, who shall be charged with the duty of the observation of the working of our judicial system, the collection of information, the entertaining and examination of projects for a change or reform in the system, and of recommending from time to time to the association such action as they may deem expedient.

3. A Committee on Legal Education and Admission to the Bar, who shall be charged with the duty of examining and reporting what change it is expedient to propose in the system and mode of legal education, and of admission to the practice of the profession in the State of Tennessee.

4. A Committee of Publication who shall be charged with the duty of examining and reporting upon all matters proposed to be published by authority of the association, and pertaining to any of the subjects for the advancement of which the association is created.

5. A Committee on Grievances, who shall be charged with the hearing of all complaints which may be made in matters affecting the interest of the legal profession and the practice of law, and the administration of justice, and to report the same to this association, with such recommendations as they may deem advisable; and said committee shall, in behalf of the association, institute and carry on such proceedings against offenders, and to such extent as the association may order, the cost of such proceedings to be paid by the treasurer, on the warrant of the Central Council, out of moneys subject to be appropriated by them.

APPOINTMENT.

Each of the standing committees shall consist of five members, and shall be appointed annually by the president of the association, and shall continue in office until the annual meeting of the assocation next after their appointment, and until their successors are appointed, with power to adopt rules for their own government, not inconsistent with the constitution or these by-laws. Any standing committee of the association may, by rule, provide that three successive absences from the meetings of the committee, unexcused, shall be deemed a resignation by the member so absent from his place upon the committee. Any standing comnittee of the association may, by rule, impose upon its members a fine for non-attendance, and may provide for the disposition of the fines collected under such rule.

IX.-CHARGES AGAINST MEMBERS.

Whenever any complaint shall be preferred against a member of the association for misconduct in his relations to this association, or in his profession, the member or members preferring such complaint, shall present it to the Committee on Grievances, in writing, and subscribed by him or them, plainly stating the mat. ter complained of, with particulars of time, place and circumstances.

The committee shall thereupon examine the complaint, and is they are of the opinion that the matter therein alleged is of sufficient importance, shall cause a copy of the complaint, together with a notice of not less than five days, of the time and place when the committee will meet for the consideration thereof, to be served on the member complained of, either personally or by leaving same at his place of business during the office hours, properly addressed to him. If, after hearing his explanations, the committeee shall deem it proper that there shall be a trial of the charge, they shall cause a similar notice of five days of the time and place of trial to be served on the party complained of.

The committee shall be furinshed with a list of the witnesses,

a

their names and place of residence, who it is proposed shall be examined to sustain the charge, which shall accompany the complaint when made to the committee; and when the day is set for trial the member complained of, upon his demand therefor, shall be entitled to a copy of said list of witnesses. At the time anit place appointed for the trial, or at such other time as may be granted by the committee, the member complained of shall file a written answer or defense. Should he fail to do so, the committeee may proceed thereupon to the consideration of the complaint.

The committee shall thereupon, and at such other times and places as they may adjourn to, proceed to hear the evidence adduced and try the complaint, and shall determine all questions of evidence.

The complainant, and the member complained of, shall each be allowed to appear personally and by counsel, who must be members of the association; and the complainant, and the member complained of, shall each be competent witnesses. The witnesses shall vouch for the truth of their statements on their word of honor. The committee shall have power to summon witnesses; and if any such witnesses are members of the association, a neglect or refusal to appear may be reported to the association by the committee, and treated as a misconduct.

The committee, of whom at least four must be present at the trial-except that a less number must adjourn from time to time

- shall hear and decide the allegations submitted to them; and if they find the complaint, or any material part of it, to be true, they shall so report to the association, with their recommendation as to the action to be taken thereon.

The decision of the committee shall be served on the member complained of, and if the decision be that the complaint, or any material part thereof, is true, and in that case only, the committee shall also serve a copy of the complaint, answer, if there be an answer, and decision on the president of the association; and if requested, either by the member or members complaining, or the member complained of, shall annex thereto a copy of the evidence taken, which said document shall be regarded as a report of the committee to the association.

Every such report shall be acted on only by the association at an annual, stated, or adjourned meeting of the association, and of which the member complained of shall have due notice, to be served upon him by direction of the committee. The committee shall thereupon proceed to take such action on said report as they may see fit, provided only that no member shall be expelled unless by the vote of two-thirds of the members present and voting.

Whenever any trial shall be determined on, the member complained of may object, for cause, to any of the members of said committee, which said causes he shall state in writing and present to the committee. Thereupon the committee shall report the facts to the president, and inclose to him a copy of the objections for cause; and the president shall forthwith summon the Central Council to meet with him and determine what weight, if any, the objections for cause are justly entitled to have; and if the president and a majority of the Central Council present and voting shall determine that the objections for cause are not well taken, and the same are overruled, the president shall so inform the Committee on Grievances; but if the president and a majority of the Central Council, as aforesaid, shall determine that any of said objections for cause, to any mmebr of the Committee on Grierances is well taken, then the president shall so inform said committee, and forthwith appoint another member or members to supply the temporary vacancy caused thereby; and the method herein provided shall be resorted to until a committee is obtained against whom the member complained of, urges no just objection for cause.

If any member of the bar in the State of Tennessee shall collect money in his professional capacity for a client, and wrongfully fail or refuse to account for the same, it shall be the duty of the president, or any vice president of the Bar Association of Tennessee, on complaint being made to him by any person, to appoint a suitable committee from among the members of this association to investigate the case, and report the facts to the officer appointing this committee; and if, in the judgment of that officer, a case can be made out against the offender, said appointing of

« السابقةمتابعة »