Bar News - February 17, 2016
Proposed Amendments for Consideration by the NHBA Membership
SPECIAL BUSINESS MEETING
March 11, 2016
NH Bar Center
Language in bold, italics is proposed new language
strikethrough format is proposed to be deleted
BYLAWS OF THE
NEW HAMPSHIRE BAR ASSOCIATION
ARTICLE II - Membership Dues (sections 6 & 8)
Section 6. Inactive and Inactive Retired Members. To be eligible for this membership
fee category and pay the correlating dues and fees, a request to change to Inactive membership status must be made within thirty (30) sixty (60) days of the membership dues billing. The Board of Governors may waive this 30 day 60 day deadline for good cause shown.
Section 8. Limited Active Membership Status for unpaid volunteer pro bono service through the NHBA Pro Bono Referral System, the Legal Advice and Referral Center (LSRC), NH Legal Assistance (NHLA), and Disabilities Rights Center-NH (DRC). Members who are otherwise not engaged in the practice of law in any jurisdiction, or who occupy a position the duties of which do not require the giving of legal advice or services in New Hampshire or any other jurisdiction, are eligible to request Limited Active Membership Status for
NHBA PBRS pro bono service for the sole purpose of providing unpaid volunteer civil pro bono legal services to the indigent. As annually certified, by April 20th, by the Director of the named entity.
The annual membership fee for the Limited Active Membership Status for
NHBA PBRS pro bono service shall not exceed 10% of the Active membership fee. The NHBA Board of Governors reserves the right to grant and rescind Limited Active Membership Status for NHBA PBRS, and strongly encourages members requesting or maintaining this membership status to volunteer for approved civil legal services through one or more of the above named entities the NHBA Pro Bono Referral Service for a minimum of 40 hours per year.
Article VI, Nomination and Election of Governors and Officers (Sections 1-6):
Section 1. Governors Representing Counties. Nominations for Governors representing counties or divisions shall be made by petition signed by at least ten (10) active members having their principal offices in the county or division concerned, and filed with the Association not later than March 1. Any nominee for county governor shall be Active membership status in the Association. No member may sign more than one such petition.
Section 2. Governors at Large. Nominations for Governors at Large to be elected in any year shall be made by petition signed by any twenty five (25) or more active members filed with the Association not later than March 1. Any nominee for governor-at-large shall be Active membership status in the Association.
Section 3. Public Sector Governor. Nominations for Governor, meeting the criteria as established by the Public Sector/Public Interest Task Force for representing public sector members, shall be made by petition signed by any twenty-five (25) or more active members filed with the Association not later than March 1. Any nominee for public sector governor shall be Active membership status in the Association.
Section 4. Out-of-State Governor. Nominations for Out-of-State Governor shall be made by Petition signed by any twenty-five (25) or more active members of the Association whose primary offices are located outside of New Hampshire, and who certify as such. Petitions shall be filed with the Association no later than March 1. Any nominee for Out-of-state governor shall be Active membership status in the Association. If no valid petition is submitted, the position may remain vacant or be filled by the Board of Governors, at their option.
Section 5. Officers and Delegate. Nominations for Vice President, Secretary, Treasurer, and the Delegate(s) to the American Bar Association House of Delegates shall be made by petition signed by any twenty five (25) or more active members of the Association, filed with the Association not later than March 1. Any nominee for officers and the delegates to the ABA shall be Active membership status in the Association. On or before December 31st in each year, the members of the Board of Governors shall nominate a candidate for President Elect.
Section 6. Ballots and Voting. The Association shall prepare separate ballots for each county or division which shall contain the names of all persons nominated for the Office of Governor from that county or division; and a ballot for the election at large of the officers of the Association, delegate(s) to the House of Delegates of the American Bar Association, and Governors to be elected at large, which shall list below each office the names of the nominees therefore. Below the name of each office shall be printed the words “Vote for not more than” followed by a number designating how many persons are to be voted for. All ballots shall designate briefly the manner in which each nominee was nominated, as “Nominated by Petition,” or “Board of Governors Nominee.” The names of the nominees shall be arranged in
the alphabetical random order of their surnames, and at the right of the name of each candidate and on the same line there shall be a square. Following the names printed on the ballots, after the name of each office to be filled, shall be as many blank lines for write in votes, without squares at the end thereof, as there are persons to be elected to that office. The Association shall mail, either by first class mail, electronically or any technologies that can accomplish the same result as technologies specifically listed in this section, the county or division ballots to the active members of the Association having their principal offices in the county or division concerned and the ballots for elections at large to all active members, in each case not later than April 1. Voting shall be by secret ballot according to the double envelope system, via electronic voting or any technologies that can accomplish the same result as technologies specifically listed in this section. The ballots shall be returned to the Association not later than April 15th unless a weekend or holiday, upon which the following business day will be used; and no ballots received after that date shall be counted.
ARTICLE VII - Receipt and Disbursement of Funds
Section 1. Receipt. Funds received by the Association shall be deposited in such depositories as the Board of Governors may designate.
The Association shall report on the first day of November in each year, the names of members then delinquent in payment of dues; and shall further report payments thereafter received from such delinquent members.
Article X – Sections:
Section 2. Any member of this Association,
in good standing whose Association Dues and Court Fees are current, may become a member of any Section, upon enrollment in that Section and payment of Section dues.
CONSTITUTION OF THE
NEW HAMPSHIRE BAR ASSOCIATION
ARTICLE II – Membership (Sections 3, 6, 7 and 8):
Section 3. The membership of this Association shall consist of two classes known respectively as “active” members and “inactive” members. Every member shall be an active member unless, upon request and payment of any required Administrative Fee as set by the Board of Governors, that person is enrolled as an inactive member. No person shall be eligible for enrollment as an inactive member who is engaged in the practice of law in this State, or who occupies a position the duties of which require the giving of legal advice or service in this State. Any inactive member
in good standing whose Association Dues and Court Fees are current may change classification to that of an active member by filing with the Association written application for transfer to the class of active members and by paying the dues required of active members and any required Administrative Fee as set by the Board of Governors. No inactive member shall be entitled to practice law in this State, or to hold office or vote in any meeting, election or referendum of the Association. An inactive member may attend meetings of the Association and participate in the debates of such meetings, and shall be entitled to receive the official publications of the Association and such notices and other materials as are mailed to active members. Members of the judiciary including Justices, judges and NH Masters who are wholly prohibited by statute from engaging in the practice of law, or who are designated as “essentially full time members of the judiciary”, by the New Hampshire Supreme Court Administrative Office of the Courts (AOC) and not engaged in the practice of law, shall be considered Full Time Judicial members. Part-time members of the NH judiciary, as designated by the AOC, including justices, judges and masters who are wholly prohibited by statute, or Court rule, from engaging in the practice of law, or sit on a part-time basis and are not engaged in the practice of law, shall be considered part-time Judicial members.
Section 6. If the membership dues or any court/mandatory fees collected by NHBA of any member for any year are not paid when due or in compliance with any policies set by the Board of Governors, that member shall be assessed a delinquency penalty as set periodically by the Board of Governors and the Association shall thereupon give written notice by first class mail, electronically, or any technologies that can accomplish the same result, to such member who is in arrears advising that member thereof and of the provisions of this Section.
If the arrears in dues are not paid by the last day of the fourth month following such mailing by the Association of its dues invoice for that year, the Association shall notify the lawyer by written notice by first class mail, electronically, or any technologies that can accomplish the same result, that it will seek an order of New Hampshire Supreme Court suspending the lawyer from the practice of law
the membership of such person shall be suspended administratively, subject, however, to the provisions of Section 7 of this Article.
No person whose membership is so suspended shall be entitled to practice law in this State or exercise or receive any of the privileges of membership during such suspension
The administrative suspension notice shall be sent to the member by registered or certified mail, return receipt. Whenever a member so suspended for non-payment of membership dues makes full payment of the arrears, and in addition a sum as set periodically by the Board of Governors as a charge for reinstatement, that person shall automatically be reinstated as a member. the Association shall notify that person and the Supreme Court that the amounts in arrears have been paid, and that person may then make a motion to the Supreme Court for reinstatement. The full amount of annual membership dues for the year in which reinstatement takes place shall be paid, regardless of the number of months suspension was in effect during that year. The Association shall notify such member and also the Clerk of the Supreme Court, of any suspension or reinstatement, and shall keep a record thereof. No person whose membership is so suspended shall be entitled to practice law in this State or exercise or receive any of the privileges of membership during such suspension. If suspended by Supreme Court Order, reinstatement of a suspended member shall not be deemed as authorizing such member to practice law in the State of New Hampshire until dues and fees in arrears are paid in full or as agreed upon.
Section 7. The Board of Governors may in any case in which to do otherwise would result in hardship or injustice,
permit the retroactive enrollment of members, abate dues in whole or in part, and waive penalties for delinquency in the payment of membership dues, but such action shall not be deemed as readmission to the practice of law in New Hampshire provided the request is made within sixty (60) days of the membership dues billing.
Section 8. A member of the Association
in good standing whose Association Dues and Court Fees are current may resign from the Association by filing with the Association written notice of such election, and such person shall thereupon cease to be a member of the Association and the individual’s name shall be removed from the membership register. A member who has resigned shall not thereafter engage in the practice of law in this State unless again admitted to the practice of law upon compliance with such rules governing readmission to the Bar as may from time to time be promulgated by the Supreme Court.
ARTICLE III - Meetings of the
Section 3. Written notices of any regular or special meeting of the Association shall be printed in the New Hampshire Bar News and/or mailed by first class mail,
second class periodicals rate mail, third class postage prepaid standard mail, electronically, or any technologies that can accomplish the same result as technologies specifically listed in this section at least fifteen (15) days prior to the date of such meeting, and the notice shall specify the purpose of the meeting. The Association shall include in such notice as a purpose of the meeting any matter requested by petition signed in the manner specified in the preceding section.