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CONSTITUTION OF THE
PARMA BAR ASSOCIATION
ARTICLE I – Name
This Association shall be entitled the Parma Bar Association
ARTICLE II – Purpose Clause
(a) The purpose or purposes for which said Association is formed are: to
advance the system of jurisprudence; to assist in, to safeguard and to
improve the administration of justice; to promote reforms in the law
which are for the benefit of the courts, of the legal profession, and of
the public; to foster and to strengthen the relationship among the
members of the bar, and between the Municipal Court of Parma, the bar
and the public generally; to dignify and to enhance the position of the
bar and of its members as leaders in the community; as an organization
to participate in civic matters whenever the bar can contribute to the
general public welfare; to aid and to stimulate all forms of legal
education and to cultivate cordial relations and acquaintance among the
members of the bar.
(b) While the Association reserves to itself the broad purposes above,
it shall be the intention of the Association to concentrate on those
purposes which have an immediate and direct relationship to matters
which are of a purely local nature; that is, those matters which
immediately effect the administration of justice within the territorial
limits of the Parma Municipal Court.
(c) In the event it is made to appear to the Officers and Trustees of
the Association that the energies or resources of the Association are
being over-extended because of a diversity of purposes or objectives
attempted to be accomplished, then, in such event, all matters of a
purely general nature shall be subordinate to those matters which are of
a purely local nature.
(d) The Association is organized exclusively for professional purposes
and is authorized to exercise only such powers as are in furtherance of
its exempt purpose.
(e) No part of the net earnings of the Association shall inure to the
benefit of or be distributable to its member, trustees, officer, or
other private person, except that the Association shall be authorized
and empowered to pay reasonable compensation for serviced rendered.
(f) Upon dissolution of the Association, the Board of Trustees shall,
after paying or making provision for the payment of all of the
liabilities of the Association, dispose of all of the assets of the
Association by turning same over to the Ohio State Bar Association.
ARTICLE III – Qualification of Members
(a) Any member of the legal profession, in good standing, having been
admitted to the bar of the State of Ohio, who is a permanent resident of
or who maintains an office in any community belonging to the present
territorial jurisdiction of the Municipal Court of Parma, and who is
engaged in the practice of law, is eligible to membership, upon
submission of his application for membership at any meeting of the
membership of the Association, by a vote of a majority of the members
present.
(b) Before submitting to a vote of the members any application for
membership in the Association, such application shall first be submitted
for consideration to the Board of Trustees. If the application receives
the approval of the majority of the members of the Board present and
voting, the applicant shall be deemed admitted to membership, subject to
a confirmation of such admission at the next succeeding membership
meeting, as provided in Article 3(a). If the application fails to
receive the approval of a majority of the members of the Board present
and voting, the application shall, upon request of the applicant, be
submitted to the members at the next succeeding membership meeting,
together with a report concerning the same from the Secretary.
(c) It is the desire of the Association to have among its members only
those persons otherwise qualified for membership who devote a
substantial portion of their time to the practice of law. It shall,
therefore, be the function of the Board of Trustees to set up proper
guide lines in accordance with the above mandate for the purpose of
determining who shall be eligible for membership in the Association. In
the event any applicant for membership is denied membership for the
reason that “he does not devote a substantial portion of his time to the
practice of law”, the Board of Trustees’ ruling on such applicant’s
denial of membership shall so state the reason in its denial and
thereafter, the applicant may have the right to have his application
submitted to the members at the next succeeding membership meeting for
their consideration as provided for the Article 3(b) above.
(d) Any member in good standing of the Association who no longer
maintains a residence or an office within the territorial jurisdiction
of the Parma Municipal Court, who wished to retain membership status in
the Association, may do so by complying with all other requirements of
continued membership. However, no reinstatement of membership shall be
made after two (2) consecutive years of failure to otherwise maintain
membership in good standing.
(e) any judge of the Parma Municipal Court, or any judge of any other
court of law who resides within the territorial jurisdiction of the
Parma Municipal Court, may become a Judicial member of this Association
by signifying his intent in writing for such membership. Judicial
members shall thereafter remain in good standing by furnishing written
intent of continued Judicial membership at the beginning of each
calendar year. A Judicial member shall pay no dues, but shall be
afforded the same rights and privileges as regular members of the
Association except voting, holding elected office in this Association
and participation in the Referral Plan. Eligibility for Judicial
membership shall cease at such time as the initial qualifications
therefore are no longer met.
(f) Any member of the Association who retires from the active practice
of law may request in writing of the Board of Trustees a designation of
Retired member. A Retired member shall pay no dues, but shall be
afforded the same rights and privileges as regular members of the
Association except voting, holding elected office in this Association
and participation in the Referral Plan.
ARTICLE IV – Officers
Duties of President
The President shall be the chief administrative officer of the
Association. He shall preside at all meetings of the Association and of
the Board of Trustees and have such additional powers and duties as the
Board may determine. The President shall also be the official
representative and spokesman unless such duty is specifically delegated
in writing. The President shall appoint all standing and special
committees and shall, with the advice and approval of the Board of
Trustees, name the chairman of the committees.
Duties of Vice-President
In the absence of disability of the President, the Vice-President shall
have the powers and perform the duties of the President. He shall be
responsible for program planning and have such other duties as the Board
may determine.
Duties of Secretary
The Secretary shall keep a record of the proceedings of the Association
and the meetings of the Board of Trustees, and shall attend to all
correspondence of the Association except as otherwise ordered by the
Board of Trustees. He shall perform such further and other duties as may
be ordered by the Board.
Duties of the Treasurer
The Treasurer shall receive and safely keep all funds of the
Association, which shall be disbursed only upon action of the Board of
Trustees. He shall report in writing at the annual meeting of the
Association an account of the funds received and disbursed by him. He
shall also report at such times and in such manner as the Board of
Trustees may require. He shall keep regular books of account, which
shall at all times be open to the inspection of the President of such
other person of persons as the Board of Trustees may direct, and he
shall perform such other duties as may be required by the Association or
by the Board of Trustees.
ARTICLE VI – Trustees
(a) The Board of Trustees shall consist of all of the officers of the
Association during their term of office, five (5) elected trustees, the
immediate past president of the Association, the elected or appointed
judges of the Parma Municipal Court while serving as such judges,
provided they are members in good standing of this Association.
(b) The Board of Trustees shall meet at least once each month.
(c) The Board of Trustees shall supervise and control the administrative
and general affairs of the Association, subject at all times to the
direction of the Association. The funds of the Association shall be
disbursed only upon the approval of the Board of Trustees. All such
funds shall be disbursed only upon checks countersigned by the
Treasurer, President, or other officers as the Board of Trustees may
determine.
ARTICLE VII – Terms Of Office
(a) All officers shall hold their respective offices until the next
annual meeting an until their successors shall be duly installed. No
candidate for the office of President shall be eligible for that office
unless he has previously served for a period of not less than one (1)
year either as a member of the Board of Trustees or as an officer of the
Association. No officer other than the Treasurer and the Secretary shall
be eligible to succeed himself in office.
( b) The five (5) elected Trustees shall serve for staggered terms of
three (3) years. They shall be prohibited from succeeding themselves in
office.
ARTICLE VIII – Election of Officers
(a) The election of officers and trustees of the Association shall be
held at the annual meeting of the Association in February of each year.
(b) Election of officers and trustees shall be by written ballot. A
plurality of all votes cast for any office shall be sufficient to elect.
(c) At the regular meeting of the Association next preceeding the annual
meeting, nominations shall be received and recorded for all officers of
the Association and for members of the Board of Trustees. Notice of all
such nominations shall be mailed to all members of the Association not
more than seven (7) days following such meeting. Thereafter, additional
nominations for officers of the Association and for members of the Board
of Trustees may be made by petition bearing the signatures of ten(10)
members in good standing of the Association, not more than fifteen (15)
days after the date of the nominating meeting, by delivering to the
office of the Secretary nominations for any office or for membership on
the Board of Trustees; and the membership shall be notified of said
nominations within seven (7) days of the election meeting.
(d) Election of officers and trustees shall take place at the annual
meeting of the Association. The election shall be conducted and
supervised by a committee of not less than three (3) members appointed
by the President, none of whom shall be a candidate for election at such
meeting. The committee shall distribute and collect the ballots, count
the same properly, and announce the results.
ARTICLE IX – Standing Committees
(a) There are hereby created the following standing committees of the
Association:
Judicial Candidates
Community and Public Relations
Continuing Legal Education
Ethics and Grievance
Parma Municipal Court
Civil Rights
Nominations
Lawyers Reference Plan
Speakers Bureau
(b) In addition to the above-listed standing committees, the Board of
Trustees shall, from time to time, create such additional and further
committees as the Board feels necessary to fully discharge and
accomplish the purposes for which the Association has been created.
(c) The Board of Trustees shall determine the duties of each committee
and receive and pass the reports of such committees.
ARTICLE X – Membership Dues
(a) Membership dues of the Association shall be fixed by the Board of
Trustees at an amount not more than $100 per calendar year payable the
15th day of February each year. Dues for new members shall be prorated
by full calendar quarters remaining in the initial year of membership at
the time of application. An emergency assessment of additional dues may
be levied by the Board of Trustees equal to the annual dues last billed
by the Association, but not more than once in any calendar year.
(b) No member shall be in good standing or qualified to exercise or to
receive any of the privileges of membership who is in default in the
payment of his dues.
(c) Reinstatement of membership shall be subject to payment of
initiation fee, current year’s dues and approval of Board of Trustees.
ARTICLE XI – Suspension And Expulsion
A member may be suspended or expelled from this Association, and his/her
membership thereby terminated, by the affirmative vote of two-thirds
(2/3) of the members present and voting upon the question at a meeting
called for that purpose, for misconduct in office, conviction of a
felony, or for conduct detrimental to the interest and ideals of the
Association. Such action may be taken at a regular meeting if notice in
writing of the intention to take such action is given to all members by
mail and to the accused member by certified mail or personal service.
Suspension from the practice of law or disbarment of any member shall
operate automatically as a termination of the membership of such member
from the time of the final entry by a court of final jurisdiction. In
case of suspension from practice for a definite period, such termination
of membership shall operate during such period of suspension only,
unless the Association shall otherwise determine.
ARTICLE XII – Annual Meeting
(a) The Association shall hold an annual meeting during the latter half
of the month of February of each year, upon a date to be fixed by the
Board of Trustees. Regular meetings of the Association may be held once
each month, except in July and August at a time likewise designated.
Meetings shall be conducted according to Robert’s Rules of Order.
Special Meetings
(b) The President shall fix the time and place for special meetings of
the Association when called by the Board of Trustees or upon a written
request signed by 25 percent (25%) of the members. No business shall be
transacted at a special meeting except that specified in the notice of
the meeting or reasonable incident thereto.
Notice of Meetings
(c) Notice of each meeting shall be given to all members by mail,
addressed to the office, residence, or mailing address of each member as
it appears on the membership roll, not more than fifteen (15) days or
less than three (3) days before the date of the meeting, including such
date. Failure of any member or members to receive such notice shall not
invalidate the proceedings had at any such meeting.
ARTICLE XIII – Quorum
(a) At Board of Trustees meetings any five (5) members of the Board
shall constitute a quorum.
(b) At general membership meetings, 20 percent (20%) of the members in
good standing of the Association shall constitute a quorum for the
purpose of transacting business except at the annual meeting when 25
percent (25%) of the members in good standing shall be required to
constitute a quorum.
ARTICLE XIV – JUDICIAL SELECTION
Primary Election
(a) The Committee on Judicial Candidates shall submit to the members of
the Association not more than ten (10) days after the filing of
nominating petitions prior to any contested primary election, wherein
candidates for election to judicial office will be selected, a ballot
seeking the opinion of the membership regarding their preference among
those persons seeking such nomination.
(b) A ballot shall be sent to the members to determine each member’s
preferences among those seeking nomination in each contested primary.
The form of the ballot shall read as follows:
Does candidate _________________________,
seeking nomination for election to be a judge
of the _____________________ Court, have the
integrity, temperament, industry and professional
competence to be a good judge?
The Committee on Judicial Candidates shall mail said ballot no later
than seventy (70) days prior to the primary election. All responses to
said ballot must be received by the Committee from the membership no
later than sixty (60) days prior to the primary election. Any candidate
receiving an affirmative vote of 65 percent of the votes cast by the
members shall then receive the recommendation of the Association for
that primary contest.
(c) Each candidate receiving the necessary votes for recommendation
shall be notified promptly in writing by the Chairman of the Committee
on Judicial Candidates, who shall first obtain an agreement in writing
from said candidate to use said recommendation for purposes of that
election only.
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