Student Bar Association > Constitution

THE CONSTITUTION OF THE TEXAS SOUTHERN UNIVERSITY

THURGOOD MARSHALL SCHOOL OF LAW

STUDENT BAR ASSOCIATION

ARTICLE I
NAME

Section I. Name

This Constitution shall be known as the Constitution of the Thurgood Marshall School of Law Student Bar Association (SBA).

ARTICLE II
PURPOSE

Section I. Purpose

The purpose of this Constitution shall be to further the relationship between the students of the school of law, its faculty, the University, and the legal profession. It seeks to enumerate and set forth the procedures and the methods of government of the SBA, which is the governing body of the students of Thurgood Marshall School of Law.

ARTICLE III
MEMBERSHIP

Section I. Fees

All law students shall become members of the SBA. A requirement of membership is the payment of annual fees and assessments established from time to time by the SBA Executive Board. Each member of the SBA shall have the right to engage in the general activities of the SBA. Membership in the SBA shall, under no circumstances, be denied on the basis of race, religion, sex or creed.

Section II. Quorum

A measure adopted by the SBA shall be valid only if a quorum of ten percent (10%) of the members of the SBA for the current semester is present at either a regular or special meeting. The measure or proposal shall then be valid if at least a two-third (2/3) vote of the members present vote for an adoption of the measure or proposal. Notice of SBA meetings of the general membership must be posted at least seventy-two (72) hours in advance of such meeting.

Section III. Constitution Availability

All members of the SBA shall have the right to demand a copy of this Constitution, its amendments, revisions, and by-laws at any time, by giving such demand to any of the members of the SBA Executive Board.

ARTICLE IV.

EXECUTIVE BOARD OF THE STUDENT BAR ASSOCIATION

Section I. Authority

The executive power of the SBA shall be vested in the SBA Executive Board.

Section II. Powers

The Executive Board shall conduct the affairs of the SBA, shall determine the time and place of meetings, shall make recommendations to the school administration and the student body, and shall perform other such duties as are specified by these bylaws.

Section III. Composition

The Executive Board shall be composed of the following SBA officers: the President, Vice-President, Historian, Secretary, Treasurer, Sergeant-at-Arms, Parliamentarian, and the three (3) class presidents. Other than the President, each officer of the Executive Board shall be entitled to one (1) vote. However, in the case of a tie, the President shall cast the deciding vote. With the exception of the first year President, all officers of the Executive Board shall serve a full calendar year commencing on the first day of May.

Section IV. Additional Members of Executive Board

The President shall have authority to appoint non-elected, non-voting members to the Executive Board. All members shall serve from the date of their appointment until the last day of April.

Section V. Absences

Any officer or member of the Executive Board who accumulates three (3) unexcused Board or general membership meetings per semester shall be given written notice that upon one further absence his/her position shall be declared vacant upon the vote of a majority of a quorum of the Executive Board.

Only the President of the SBA shall have the authority to grant an excused absence from a Board or general membership meeting for good cause. An excused absence shall include, but shall not be limited to, personal or immediate family illness, class conflicts, school sponsored activities, or the like. In no event shall an absence from a specially called meeting be counted against an officer or member.

Section VI. Quorum

A quorum shall consist of fifty percent (50%) of Executive Board officers. No action taken by the Executive Board shall be valid unless passed or adopted by a majority of a quorum of the Executive Board officers.

Section VII. Proposals From the Membership

The Executive Board shall be required to consider and vote upon a measure, proposal or resolution if such is presented by a petition signed by at least five (5) percent of the members of the SBA; as long as the matter or material contained in such petition can be acted upon by either the Executive Board or the SBA membership, at either a regular or specially call meeting.

Section VIII. Executive Board Meetings

The Executive Board shall meet at least twice each month during the Fall and Spring Semesters and at such other times during the school year as the SBA President deems necessary. Proper notice for such meetings shall be no less than seventy-two (72) hours. The SBA President may call a special meeting of the Executive Board as needed, with a twenty-four (24) hour notice.

Section IX. Law Week Committee

The President of the SBA shall appoint the SBA Law Week Chairman and committee. The Chairman shall report and be subject to the direction of the Executive Board. The Committee shall submit a list of prospective speakers and event recommendations to the Executive Board for final approval.

ARTICLE V

REQUISITION FOR STUDENT BAR ASSOCIATION FUNDS

Section I. Funds Request

In order to request SBA funds, the requesting party must be a recognized organization, making its request on an SBA Funds Requisition Form to the Executive Board. The Board shall consider the request at their next general meeting. The complete requisition form must be submitted to the SBA Executive Board within the first forty-five (45) class days of the semester in which the event is to take place.

Section II. Recognized Organizations

A recognized organization is one, which is registered with the SBA Executive Board, the Law School, and Texas Southern University. Registration forms may be picked up at the SBA office or may be provided by any Executive Board officer.

Section III. Requisition Contents

A complete requisition must include the following:

1) Date of event.

2) Purpose of event.

3) Include any outside funding.

4) Is the event an annual function.

5) Will the event be held on or off campus.

6) Will alcohol be served.

7) Itemized event budget.

8) Beneficiaries of the event.

Any requisition for which does not include the above minimum requirements will be denied. The SBA Executive Board reserves the right to request additional information and shall do so in a written form addressed to the applying organization.

Section IV. Ineligible Expenses

SBA funds shall not be used for the following:

1) Decorations

2) alcohol

3) exclusive events

Section V. Requisition Presentations

Fund requisition presentations, that are made to the Executive Board, shall be made by no more than two organization representatives. Executive Board officers and members who are interested persons shall not participate in organization requisition presentations.

Section VI. Interested Persons

Members of the SBA Executive Board who are interested persons of the requesting organization shall not be permitted to cast a vote involving that particular organization’s request for funds. Executive Board members are interested persons if they are elected officers, officials, or chairpersons of the requesting organization.

Section VII. Funding Request Voting

Executive Board voting shall be conducted by secret ballot.

ARTICLE VI
SBA EXECUTIVE OFFICERS

Section I. Good Standing Requirement

Each member of the SBA Executive Board must be in good scholastic standing, both at the time of candidacy declaration and at the time of assuming office. Officers not in good standing at the time of assuming office must be removed and their office shall be filled according to Article VII, Section II or III.

Section II. Academic Requirements

The third year officers must have completed fifty-six (56) hours of law courses before assuming office. Completed hours include all accumulated course hours, currently enrolled second year spring semester hours, and up to six (6) hours to be taken the following summer. The second year officers must have completed not less than thirty (30) hours of law courses before assuming office.

Section III. Officer Duties

The following duties of each SBA Executive Board member are hereby prescribed.

PRESIDENT OF THE SBA. The President shall be the executive officer of the SBA. The President shall be the chief representative of the SBA in all contact with the Dean and Faculty of the School of Law, the University, and the community, and when seeking to further the interests of the students at the School of Law. The President shall call and preside over at least one (1) meeting of the SBA each month during the fall and spring semesters, and call and preside over all Executive Board meetings. The President shall appoint the Law Student Representative of the American Bar Association, shall be responsible for the proper performance of all SBA activities, shall sign all association documents, and shall see that each member of the Executive Board properly carries out his expressed and assigned duties. The President, upon ratification of the Executive Board, shall appoint a Parliamentarian, who shall serve as a voting officer of the Executive Board. The President shall also appoint other assistants to elected SBA officers as are needed, who upon appointment shall become members of the Executive Board. The President shall call all special meetings as he/she deems necessary and or when properly petitioned.

VICE-PRESIDENT. The Vice-President shall assist the President as directed from time to time. The Vice-President shall preside at all meetings in the absence of the President or at the direction of the President.

SECRETARY. The Secretary shall take minutes at both general body and Executive Board meetings of the SBA. The Secretary shall maintain and have custody of all records not specifically assigned to other officers of the SBA, as set forth in the by-laws. The Secretary shall perform any other duties as directed by the President from time to time. The Secretary shall distribute the minutes of Executive Board meetings to all board officers within forty-eight (48) hours of the meeting’s end, and publish the general body meeting minutes within forty-eight (48) hours of the meeting’s end.

TREASURER. The Treasurer shall have custody of all funds of the Association and shall deposit all receipts in a bank as determined from time to time by the Association. The Treasurer shall make monthly written reports at all regular meetings and file a copy of the report with the Secretary. This report shall include all receipts and disbursements. The Treasurer’s signature shall be necessary for any expenditures of the Student Bar funds, or such other reports as directed by the President from time to time.

PARLIAMENTARIAN. It is the duty of the Parliamentarian to assist the President of the SBA conduct both Student Bar and Executive Board meetings on whatever reasonable manner he/she and the President agree upon. It is also his/her duty to see that at least twenty-five (25) copies of this Constitution, along with current revisions and amendments and By-laws, are kept and filed with the Secretary of the SBA.

SERGEANT-AT-ARMS The Sergeant-At-Arms shall maintain order at all meetings, pursuant to Robert Rules of Order. He shall inform the presiding officer of any irregularities during any meeting. The Sergeant-At-Arms shall perform such other duties as directed by the President and/or presiding officer.

HISTORIAN. The Historian shall have the duty of keeping a record, both pictorial and otherwise, to be filed with the Secretary of the Student Bar, of Student Bar activities and programs presented during the semester in which he serves. He shall also have the duty to see that plaques, awards and other honors are maintained, kept up-to-date, and on file, and shall be the Chairman of the Publicity Committee of the SBA.

PRESIDENT OF THE THIRD YEAR CLASS. It shall be his duty to organize and carry out the functions as their respective classes desire.

PRESIDENT OF THE SECOND YEAR CLASS. It shall be his duty to organize and carry out the functions as their respective classes desire.

PRESIDENT OF THE FIRST YEAR CLASS. It shall be his duty to organize and carry out the functions as their respective classes desire.

EX-OFFICIO MEMBERSHIP. All officers shall be ex-officio members of all committees but shall not vote as an ex-officio member.

APPOINTED ASSISTANTS:

ASSISTANT SERGEANT-AT-ARMS. The Assistant Sergeant-At-Arms shall assist the Sergeant-At-Arms and perform the duties of the Sergeant-At-Arms in his absence and such other duties as directed by the President other presiding officer and Sergeant-At-Arms.

ASSISTANT SECRETARY. The Assistant Secretary shall assist the Secretary and perform the duties of the Secretary in the absence of the Secretary. The Assistant Secretary shall perform such other duties as directed by the President or Secretary from time to time.

ARTICLE VII

REMOVAL AND REPLACEMENT OF OFFICERS

Section I. Removal Based on Negligent Duty

Officers of the Executive Board who are negligent in carrying out the duties of their office may be removed from office by impeachment proceedings in only the following manner:

Ten percent (10%) of the Student Bar must sign a petition for removal which must allege in great particularity the negligence of duty of the accused officer. The petition shall be presented to the Executive Board who shall then call a meeting of the Student Bar Association to decide whether or not the accused officer shall be removed from office. The meeting shall take place one (1) to two (2) weeks after the filing of the petition with the Executive Board or the quickest possible date following a school holiday. The meeting to consider impeachment shall be given wide and full notice. The meeting must have a special quorum of at least fifteen percent (15%) of the Student Bar members. The officer may be removed by a vote of at least four-fifths (4/5) of the special quorum. The meeting shall consist of orderly discussion for and against the removal of the accused officer. Any Student Bar member who brings forth a complaint that is malicious or is of wrongful intent, knowing that the basis of the action is unfounded in either truth or fact, shall be subject to disciplinary action by the School of Law Administrative Committee.

Section II. Executive Board Vacancy

Should the office of the President become vacant for any reason, the Vice President shall assume the office of the President as dictated by Robert’s Rules of Order. If a Student Bar office becomes vacant, an individual shall be nominated by the President of the SBA and ratified by the Executive Board within fourteen (14) days.

Section III. Class Office Vacancy

Should the office of a Class President become vacant for any reason, the Vice President shall assume the office of the President as dictated by Robert’s Rules of Order. If a Class office becomes vacant, an individual shall be nominated by the Class President and shall be ratified by the class Executive Board within fourteen (14) days.

ARTICLE VIII.

CAMPAIGNING

Section I. Debates

The Executive Board shall provide a forum for officer debates. Debates shall be conducted for the following offices:

1. SBA President and Vice President

2. All Class Presidents and Vice Presidents

Each candidate will be given five minutes to state their platform and an additional two minutes for closing argument. A question and answer period shall be permitted within the constraints of time and at the discretion of the SBA appointed moderator.

In addition, all other candidates for office may petition the SBA Executive Board for a forum opportunity. The SBA Executive Board shall preside over all debates and open forums.

Section II. Election Material

All candidates shall be permitted to submit, to the Executive Board, a typewritten statement of his/her qualifications and platform on an 8 ½” x 11” sheet of paper. Upon approval by the Executive Board, the candidate will be permitted to seek permission for proper posting from the Office of the Dean.

Section III. Restriction on Campaigning

No campaigning of any kind shall be permitted within 15 feet of the designated polling place during voting hours.

Section IV. Approval for Campaign Material Postings

The Office of the Dean, or its designated agent, shall approve all documents and/or posters for posting and shall designate areas of posting within the law school.

Section V. Grounds for Disqualification

There shall be no caucusing or other political activity during SBA elections, that tends to interfere with the successful conduct of any officially scheduled activity. Any candidate found to have removed, or caused to remove, any postings or campaign material of any other candidate shall be immediately disqualified from their respective campaign. Any infraction of this section shall be reported to the Honor Court with recommendation for sanctions.

ARTICLE IX

ELECTION CODE

Section I. Election Supervision

The SBA Executive Board shall provide printed ballots for all SBA and Class general elections. All elections shall be under the supervision of the SBA President and Secretary.

Section II. Election Dates

The SBA Executive Board shall set the date of all general elections. The election date for first year class officers shall be held within the first six (6) weeks of the Fall semester and the election date for SBA offices and upper level class offices shall be held within the first nine (9) weeks of the Spring Semester.

Section III. Notice of Candidate Declaration

The SBA shall make available to all candidates a Notices of Candidate Declaration. Forms will be available to all candidates interested in running for office at least three weeks before an election. Completed forms shall be returned by 12:00 noon on the date specified in the Notice of Declaration instructions. Only those candidates who have fully complied with the Notice of Declaration instructions will be considered as candidates for office.

Section IV. Mandatory Candidate Meeting

The SBA Executive Committee shall announce a mandatory candidate meeting. All candidates must attend the meeting, which will set forth the rules and regulations for campaigning and elections. No campaigning shall commence prior to this meeting.

Candidates must be in attendance before the meeting begins. Unless an extenuating circumstance is present, any candidate who is not present when the meeting begins will not be permitted to enter and shall be disqualified from the election

Extenuating circumstances are defined as an illness or death of an immediate family member. Candidates having a valid extenuating excuse must file a notice of said excuse with an SBA Executive Committee member no later than four hours prior to the commencement of the mandatory meeting.

Section V. Vote Tabulation

The SBA Executive Board shall be responsible for conducting student elections, vote tabulation, and for publishing election results. Vote tabulation shall be conducted in an open meeting with results available to all candidates.

Section VI. Eligible Voters

All SBA members in good standing and who present a valid school identification card, government identification or drivers license are eligible to vote in Student Elections. Upon presentation a valid identification card each voter shall endorse the official election roster and shall be given one election ballot.

Section VII. Ballot Discrepancies

Any election ballot that reflects a vote for more than one candidate for any one office shall be void as to that particular office.

Section VIII. Voting and Run-Off Elections

Successful candidates must receive over 50% of the votes cast. In the event no one candidate receives over 50% of the votes cast a runoff election shall be had consisting of the top two (2) vote getters. In a runoff election, the candidate obtaining a simple majority of the votes shall be declared the winner.

Section IX. Handling of Disputes

Should there be an election dispute, said dispute shall be reduced to writing and submitted to the SBA President or Secretary within twenty-four (24) hours after the close of elections. The dispute shall be reviewed by the Executive Committee and a decision shall be rendered within forty-eight (48) hours. Decisions of the SBA Executive Committee shall be final. If there is no election dispute, the election results shall become official upon posting within twenty-four (24) hours of the close of elections.

ARTICLE X

AMENDMENTS AND RATIFICATION

Section I. Constitution Ratification

Before becoming effective, this Constitution must be ratified at a meeting of the present Student Bar. A minimum quorum of 10% of Student Bar members must be present. A two thirds (2/3) affirmative vote of the quorum present shall constitute ratification.

Section II. Constitutional Amendments

Articles or Sections of this Constitution may be amended. Amendment shall be made by at least a two thirds (2/3) vote for adoption at a Student Bar meeting. The meeting may be a regular or specially called meeting with a quorum of at least 10%. Any proposed Amendment to the Constitution must be posted by the President at least one hundred-twenty (120) consecutive hours before the Student Body votes.

Section III. Repealing Articles and/or Sections

An Article, or Section of an Article, may be repealed by a two thirds (2/3) vote at a regular or special Student Bar meeting, where at least a quorum of members is present and voting.

Section IV. Ratification Signature Page

This Constitution, upon completion of the ratification procedure set forth in section I of this Article, shall constitute the only valid, legal and binding constitution of the Thurgood Marshall School of Law SBA, and must be signed by the Chairman and members of the Constitution Committee and a majority of the present Executive Committee members.

ARTICLE XI

STANDING COMMITTEES

Section I. Appointments

The SBA President shall appoint SBA members to the various standing committees.

Section II. Committees

A. Alumni Committee

1. The function of this committee shall be to maintain an efficient record of alumni activities, accomplishments and to support the alumni affairs office.

2. To solicit from time to time funds or services from alumni to augment the Association’s treasury for programs adopted by this Association.

B. Resolution Committee

1. The function of this committee shall be to hear all resolutions and grievances upon request.

2. It shall be incumbent upon this committee to seek redress and adjustment of those grievances and/or resolutions that his committee deems worthy of consideration.

3. The authorized procedure shall be as follows:

a. Hear all the complaints, and then make a determination as to the course of action to be taken.

b. If results cannot be obtained, the law school faculty (sitting as individuals) shall be petitioned for an advisory opinion.

c. If results cannot be obtained, the relief sought should be sought through the following order: Dean of Law School, Dean of Students, president of the University.

4. This procedure shall only reflect an honest effort to see that justice is done. No phase of this authority under this Constitution should be construed to expressly or impliedly reflect disrespect for the office or position of any University official. Neither shall it be considered a challenge to the authority or integrity of any faculty member or official of this institution.

C. Liaison Committee

It shall be the function of this committee to aid in serving as a liaison agency between the SBA and the Student Government of Texas Southern University.

D. Publication and Reporting Committee

This Committee shall have the duty and function of preparing a Student Bar Publication. It shall also have the duty to report the newsworthy activities. The name of the publication shall be The Solicitor.

E. Law Day Committee

F. Social Planning Committee

It shall be the function of this committee to plan and make recommendations for the social activities of the Student Bar Association. It shall be the additional function of this committee to formulate, and present to the Student Bar Association for approval, a program of events for the entire school year.