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CONSTITUTION
SOUTHERN METHODIST UNIVERSITY
DEDMAN
SCHOOL
OF LAW
STUDENT BAR ASSOCIATION
MODIFICATION HISTORY
-After 3rd Amendment (April 3, 2007)
-After 2nd Amendment (April 6, 2005)
-After 1st Amendment (September 22, 2004)
-Originally Ratified March 2, 2004.
Article
I - NAME
Article
II – MEMBERSHIP
Article
III – OBJECTIVES
Article
IV - THE VOTING COUNCIL
Section
1 - Definitions
Section
2 - Organization
Section
3 - Powers
Section
4 - Meetings
Section
5 - Quorum
Section
6 - Voting
Section
7 - Procedure
Section
8 – Legislation
Section
9 - Constitutional Disputes
ARTICLE
V - JUDICIAL COMMISSION
Section
1 - General Provision
Section
2 - Membership
Section
3 - Duties
Section
4 – Commission Procedures
Article
VI - DUTIES AND QUALIFICATIONS OF MEMBERS OF THE COUNCIL
Section
1 - President
Section
2 - Vice President
Section
3 - Secretary
Section
4 - Treasurer
Section
5 – Class Representatives
Section
6 - Student Representative to the Law Student Division of the American Bar
Association
Section
7 - Student Representative to the Law Student Division of the Texas Bar
Association
Section
8 - Student Representative to the Dallas Bar Association
Section
9 - Law School Representatives to the SMU Student Senate
Article
VII – HONOR COUNCIL
Article
VIII – COMMITTEES
Section
1 – Chair and Committee Members
Section
2 - Appointed Committee Chairs
Section
3 - Committee Structure
Section
4 - Standing Committees
Section
5 - General
Article
IX – BUDGETS
Section
1 - Submission of Requests for Funding
Article
X - ELECTION AND TERM FOR MEMBERS OF THE COUNCIL
Section
1 - Election
Section
2 - Term of Office
Section
3 – Vacancy
Article
XI - REMOVAL OF MEMBERS OF THE COUNCIL
Section
1 - Grounds For Removal
Section
2 - Procedure for Removal
Section
3 - Reinstatement
Section
4 - Filling the Vacancy
Article
XII - GENERAL MEETINGS OF THE STUDENT BAR ASSOCIATION
Section
1 – General
Section
2 - Purpose
Section
3 - Authority to Call
Section
4 - Quorum
Section
5 - Notice
Section
6 - Voting>
Section
7 - Procedure
Article
XIII – COMPENSATION
Section
1 - Amounts and Payment
Section
2 - Summer Terms
Section
3 - Power to Withhold
Article
XIV – AMENDMENTS
Section
1 - Proposal of Amendments
Section
2 - Approval of Amendments
Article
XV – ADOPTION
Article I - NAME
The name
of the organization shall be the "Southern Methodist University, Dedman
School of Law, Student Bar Association" (“SBA”).
Article II – MEMBERSHIP
Membership shall include all students enrolled in the Southern Methodist
University (“SMU”), Dedman School of Law.
Article III – OBJECTIVES
The objectives of the SBA shall be to advance the best interests of legal
education; to actively support and institute, when necessary, procedures and
practices for the betterment of the SMU Dedman School of Law; and to promote
the academic, professional and social well-being of the students of the SMU
Dedman School of Law.
The SBA and all student organizations receiving funds from the SBA shall
make reasonable efforts to comply with Standard 301(b) of the ABA
Standards for Approval of Law Schools and Interpretations,
which states: “A law school shall ensure that all students have
reasonably comparable opportunities to take advantage of the school’s
educational program, co-curricular programs, and other educational
benefits.”
For
purposes of interpreting this Constitution:
(a)
The terms 1L, 2L, and 3L shall only pertain to students enrolled in the J.D.
Day Program at the Dedman School of Law, and shall retain their traditional
meanings.
(b)
The terms 1E, 2E, 3E, and 4E shall only pertain to students enrolled in the
part-time J.D. Evening Program, and shall have the following meanings:
(i)
1E – Any Evening Program student who has not completed two semesters at the
law school;
(ii)
2E – Any Evening Program student who has completed at least two semesters,
but not more than four semesters;
(iii)
3E – Any Evening Program student who has completed at least four semesters,
but not more than six semesters;
(iv)
4E – Any Evening Program student who has completed at least six semesters.
(c)
The term LLM shall only pertain to students enrolled in the Masters of Law
Program at the Dedman School of Law, and shall retain its traditional
meaning.
(d)
The term SJD shall only pertain to student enrolled in the Doctor of the
Science of Law Program at the Dedman School of Law, and shall retain its
traditional meaning.
(e)
No regard shall be given to summer semesters for purposes of Section 1(b) of
this Article.
The
governing body of the Student Bar Association shall be the Voting Council,
which shall be composed of the following members:
(a)
Executive Committee:
(i) President of the SBA;
(ii) Vice President of the SBA;
(iii) Secretary of the SBA; and
(iv) Treasurer of the SBA.
(b)
Voting Council:
(i) Two 3L class
representatives;
(ii) Two 2L class representatives;
(iii)
Two 1L class representatives;
(iv)
One 4E class representative;
(v)
One 3E class representative;
(vi)
One 2E class representative;
(vii)
One 1E class representative;
(viii) One LLM class representative;
(ix) One representative of the Law
Student Division of the American Bar Association (“ABA”);
(x)
One representative of the Law Student Division of the Texas Bar Association
(“TBA”);
(xi)
One student representative of the of the Dallas Bar Association (“DBA”); and
(xii)
Three Law School representatives to the SMU Student Senate.
Subject
to any limitations imposed by this Constitution, the Voting Council shall
have the power to perform any function that promotes the objectives of the
SBA, including, but not limited to, the power to:
(a)
Receive, manage and disburse, for the benefit of the students of the Dedman
School of Law, any funds received by the SBA;
(b)
Act in the name of the SBA members in any capacity when the Voting Council
considers it advisable to do so;
(c)
Plan and execute any activity designed to promote the academic, professional
or social well-being of the students of the Dedman School of Law; and
(d) Create and maintain By-Laws
for the SBA.
(i) The By-Laws shall
include the following:
(1) Budget and finance procedures;
(2) A system to formally recognize
organizations falling under the
authority of the SBA;
(3) Election procedures; and
(4) Other procedures and
guidelines necessary to the operation of
the SBA.
(ii) By-Laws shall be
approved and amended by a two-thirds majority of the Voting Council.
(a)
The SBA President shall be responsible for organizing meetings of the Voting
Council;
(b)
Regular meetings of the Voting Council shall be held at least once every two
weeks when classes are in session;
(c)
Special meetings of the Voting Council may be called by the President or by
a majority of the members of the Voting Council;
(d)
An emergency vote by email may be called during a regular or special meeting
by a two-thirds majority of the Voting Council. An emergency vote by
email may be used only on legislation that has been before the Voting
Council for at least one week. An emergency vote by email must be open
for 24 hours. The results of an emergency vote by email are valid only
if two-thirds of Voting Council members vote. An individual vote shall
be valid only if the vote is received by the President during the scheduled
time period for voting and the vote is copied by email to all voting members
of the Voting Council;
(e)
Members of the Voting Council and the Dedman School of Law student body
shall be given at least three school days notice of all regular meetings and
reasonable notice of all special meetings; and
(f)
Meetings of the Voting Council shall be open to all students and all
students shall be permitted to speak about any issue before the Voting
Council in accordance with regular meeting procedure in this Section.
The Voting Council may, however, elect to meet in an executive session upon
the concurrence of two-thirds of the voting members present.
(a)
One more than one-half of the members of the Voting Council, physically
present, shall constitute a quorum. No Voting Council action may be
taken without a quorum.
(b)
For an emergency vote by email, the receipt of votes from two-thirds of the
members of the Voting Council shall satisfy the quorum requirement in
Section 4(a) of this Article.
(a)
All actions by the Voting Council shall require a majority vote of the
members present, unless otherwise provided for in this Constitution;
(b)
All members of the Voting Council, except the President, shall have one
vote. The President shall vote only in case of a tie;
(c)
Appointed Committee Chairs and members of the Honor Council shall not have a
vote;
(d)
The Voting Council shall not vote by secret ballots.
(e)
Except as provided by Article IV, Section 4(d), absentee votes shall not be
allowed. Voting by proxy shall not be allowed.
(a)
The President, or in his/her absence, the Vice President, shall preside at
all meetings of the Voting Council, and
(b)
The rules contained in the current edition of Robert's Rules of Order
Newly Revised shall govern the Voting Council in all cases to which they
are applicable and in which they are not inconsistent with the Constitution,
By-Laws, and any special rules of order the Voting Council may adopt.
Only
Voting Council members may submit Legislation to the Voting Council.
Any disputes concerning the interpretation of this Constitution shall be
finally resolved by the Judicial Commission.
The
Judicial Branch of the SBA shall consist of a five-member Judicial
Commission (the "Commission"). The purpose of the Commission shall be
to adjudicate actions arising under the SBA Constitution against the SBA,
one of its committees, or one of its members.
If an
action concerns an SBA committee, the complaint should first be brought
before that committee. If the matter is not resolved within the
committee, the action may be appealed to the SBA Voting Council. If
still unresolved, the action may be appealed to the Commission. The
Commission may decide to hear a complaint if a majority of the Commission
determines that there has been a clear abuse of discretion on the part of
the SBA, one of its committees, or one of its members.
The
Commission's jurisdiction shall not overlap or infringe upon that of the
Honor Council.
(a)
The Commission shall be comprised of four students and one faculty member.
(b)
The four student members of the Commission shall include, at a minimum, one
student enrolled in the Evening Program and one student enrolled in the Day
Program.
(c) The student members of the
Commission shall be nominated and appointed by the President upon approval
by a two-thirds majority of the Voting Council.
(d) A Chief Commissioner shall be
nominated and appointed by the Screening Committee upon approval by a
two-thirds majority of the Voting Council.
(d) Each term is to begin and end
with the law school hooding and graduation ceremony.
(e) Members of the Voting Council
may not serve as student members of the Judicial Commission.
(f) Vacancy.
(i)
If a vacancy occurs, the SBA President shall nominate an individual to fill
the vacancy and present the nominee for approval of the Voting Council, by a
two-thirds majority vote.
(ii)
The new appointee will serve the remainder of the vacant term.
(iii)
The new appointee must be of the same class year as the student member who
is being replaced.
(g) Student members of the
Judicial Commission must have completed a minimum 11 credit hours at SMU
Dedman School of Law at the time of assuming office.
(h) The faculty member shall be
chosen by the Dean of the Dedman School of Law.
The
Judicial Commission shall:
(a)
Have appellate jurisdiction in all cases arising under the SBA Constitution
and
(b)
Take no formal action without all members present.
(a)
The Judicial Commission shall adopt Commission Procedures by a two-thirds
majority vote of the Commission.
(b)
The Procedures shall include:
(i) Procedural rules that
address petitions for review and the conduct of hearings; and
(ii) Any other rules deemed
appropriate by the Commission.
(c)
The Commission shall cause the Commission Procedures to be posted on the SBA
website.
The
President shall have completed a minimum of 42 credit hours in the Dedman
School of Law and become a member of the ABA before taking office. The
President shall supervise the Executive Committee and the Voting Council.
In meeting these responsibilities, the President shall:
(a)
Preside at meetings of the SBA and the Voting Council;
(b)
Call special meetings of the Voting Council whenever necessary;
(c)
Serve as Chair of the Executive Committee;
(d)
Appoint student members to any disciplinary committees established by the
Dean or Disciplinary Council of the Dedman School of Law;
(e)
Appoint student members, subject to the approval of the Voting Council by a
two-thirds majority vote, as delegates to any organization outside the
Dedman School of Law where there is otherwise no mechanism in existence for
such appointments to be made;
(f)
In the event that both the President and Vice President are to be absent or
unable to perform their duties, appoint a member of the Voting Council to
perform the duties of the President during the absence;
(g)
Furnish the Secretary with a copy of all correspondence made on behalf of
the Voting Council or the SBA by the President;
(h)
Set and publish a written agenda on the SBA bulletin board 24 hours prior to
any regular meeting;
(i)
Appoint chairpersons and members of all committees subject to the provisions
of Article VIII; and
(j) Perform such other
duties as may be necessary and proper to the foregoing.
The Vice
President shall have completed a minimum of 42 credit hours in the Dedman
School of Law before taking office. The Vice President shall assist
the President. In meeting this responsibility, the Vice President
shall:
(a)
Perform the duties of the President in the President's absence;
(b)
Succeed to the office of President for the remaining portion of any
unexpired term created by the vacation of that office for any reason;
(c)
Act as parliamentarian for SBA and Voting Council meetings;
(d)
Keep a copy of the current edition of Robert's Rules of Order Newly
Revised, the SBA Constitution, and the SBA Voting Council by-laws
available at all meetings of the Voting Council and the SBA;
(e)
Monitor the operation, organization, and performance of all committees and
subcommittees of the SBA and collect monthly reports from all committee
chairs;
(f)
Serve as a member of the Executive Committee and as Chair of the Screening
Committee;
(g)
Furnish the Secretary a copy of all correspondence made on behalf of the
Voting Council or the SBA by the Vice President; and
(h) Perform such other duties as
may be necessary and proper to the foregoing.
The
Secretary shall have completed a minimum of 11 credit hours in the Dedman
School of Law before taking office. The secretary shall:
(a)
Record and publish on the SBA bulletin board the minutes of the meetings of
the SBA and of the Voting Council and Executive Committee;
(b)
Maintain and publish on the SBA bulletin board a record of attendance for
all meetings of the Voting Council;
(c)
Maintain and publish on the SBA bulletin board a record of all roll call
votes;
(d)
Maintain a current record of e-mail addresses and telephone numbers of all
members of the Voting Council;
(e)
Serve as a member of the Executive Committee;
(f)
Maintain a record of all business transactions and correspondence of the SBA
and the Voting Council;
(g)
Maintain and update the student activities board;
(h)
Maintain and update a current copy of the SBA Constitution;
(i)
Maintain a current copy of the Constitution, the SBA By-Laws, and minutes
from all SBA Voting Council and Executive Committee meetings on reserve in
the Underwood Law Library;
(j)
Give notice to the Voting Council of any member of the Voting Council whose
attendance has fallen below the threshold described in Article XI, Section
1(a) at the first meeting following the date at which such member may be
removed for cause under that section;
(k)
Provide all members of the Voting Council and Committee Chairs with a copy
of the Constitution at the first meeting of the Voting Council after
elections;
(l)
Keep SBA members informed and updated on SBA activities and events; and
(m)
Perform such other duties as may be necessary and proper to the foregoing.
The
Treasurer shall have completed a minimum of 11 credit hours in the Dedman
School of Law before taking office. The Treasurer shall:
(a)
Serve as Comptroller for the SBA;
(b)
Prepare the budget for the SBA on a fiscal year basis in accordance with
Article IX;
(c)
Collect all monies due to the SBA;
(d)
Provide for safekeeping of all money held by the SBA;
(e)
Disperse the funds of the SBA when authorized to do so by the Voting Council
or by the Executive Committee as provided by Article VIII, Section 4(a);
(f)
Serve as a member of the Executive Committee and as Chair of the Finance
Committee;
(g)
Render a current written financial summary once a semester and when
requested by the Voting Council;
(h)
Maintain a roster of the presidents and treasurers of all organizations
receiving funding through the Voting Council;
(i)
Furnish the Secretary a copy of all correspondence made on behalf of the
Voting Council or SBA by the Treasurer; and
(j)
Perform such other duties as may be necessary and proper to the foregoing.
(a)
The 3L Representatives shall be members of the 3L class and shall have
completed a minimum of 42 credit hours at the Dedman School of Law before
taking office.
(b)
The 2L Representatives shall be members of the 2L class and shall have
completed 12 credit hours at the Dedman School of Law before taking office.
(c)
The 1L Representatives shall be members of the 1L class at the Dedman School
of Law elected in his/her first semester of Law School .
(d)
The 4E Representative shall be a member of the 4E class and shall have
completed 52 credit hours at the Dedman School of Law before taking office.
(e)
The 3E Representative shall be a member of the 3E class and shall have
completed 31 credit hours at the Dedman School of Law before taking office.
(f)
The 2E Representative shall be a member of the 4E class and shall have
completed 11 credit hours at the Dedman School of Law before taking office.
(g)
The 1E Representative shall be a member of the 1E class at the Dedman School
of Law elected in his/her first semester of Law School.
(h)
The LLM Representative shall be enrolled in a non-J.D. program at the Dedman
School of Law elected in his/her first semester of a non-JD program.
(i)
Class Representatives shall:
(i) Serve as members of the
Voting Council;
(ii) Serve as members of any
standing or special committee to which they are appointed;
(iii) Perform other such duties as may be deemed
necessary by a two-thirds vote of the Voting Council; and
(iv) Perform such other duties as may be
necessary and proper to the foregoing.
The
Student Representative to the Law Student Division of the ABA shall have
completed a minimum of 11 credit hours at the Dedman School of Law and
become a member of the ABA before taking office. The Student
Representative shall:
(a)
Serve as a member of the Voting Council;
(b)
Serve as a member of any standing or special committee to which he/she is
appointed;
(c)
Represent the best interests of the students of the Dedman School of Law to
the ABA ;
(d)
Actively encourage and provide a means for students to join the ABA ; and
(e)
Perform such other duties as may be necessary and proper to the foregoing.
The
Student Representative to the Law Student Division of the TBA shall have
completed a minimum of 11 credit hours at the Dedman School of Law and
become a member of the TBA before taking office. The Student
Representative shall:
(a)
Serve as a member of the Voting Council;
(b)
Serve as a member of any standing or special committee to which he/she is
appointed;
(c)
Represent the best interests of the students of the Dedman School of Law to
the Texas Bar Association;
(d)
Actively encourage and provide a means for students to join the Texas Bar
Association; and
(e)
Perform such other duties as may be necessary and proper to the foregoing.
The
Student Representative to the DBA shall have completed a minimum of 11
credit hours at the Dedman School of Law and become a member of the DBA
before taking office. The Student Representative shall:
(a)
Serve as a member of the Voting Council;
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