Rule 14-206. Officers.
(a) President. The
president-elect shall automatically succeed to the office of president pursuant
to Article 1, Integration and Management.
(b) President-elect;
qualifications; voting procedures.
(b)(1) A lawyer commissioner who
wishes to be considered as a candidate or a commissioner who wishes to
recommend the name of another lawyer in good standing on active status to be
considered as a candidate shall notify the Board in writing no later than
January 1. The Board also may consider additional candidates at its discretion.
(b)(2) The Board shall nominate
at least one candidate to run for the office of president-elect from among the
names submitted to the Board as set forth above. The Board, by vote, shall
nominate those running for the office of president-elect at a regularly
scheduled meeting. Balloting for nomination to run for the office of
president-elect shall be by secret ballot except that commissioners not in
attendance at the meeting may submit their vote in writing to the president or
executive director.
(b)(3) A lawyer elected
president-elect shall succeed to the office of president and shall then serve
as president with authority to represent the Bar and preside at all meetings of
the Board and the Bar even though the president-elect may not be serving in a
term as an elected commissioner. A president and president-elect who are not
elected commissioners have the authority to vote on matters brought before the
Board. In the event of a tie vote, the matter at hand shall fail to pass.
(b)(4) Ballots shall be provided
to all active members of the Bar containing the alphabetized names of the
candidates. The ballots shall be provided electronically via email, and if by
mail, mailed to active members at their business mailing address at least 15 days
prior to the date on which ballots will be counted. In the event that there is
only one candidate for the office of president-elect, the ballot shall be
considered as a retention vote and a majority of those voting shall be required
to reject the sole candidate.
(b)(4)(A) The ballot, together
with a ballot envelope and a cover envelope in which the voting member shall
identify himself or herself, shall be included if the ballot was mailed.
(b)(4)(B) Ballots shall state the
date upon which they are due and shall be returned so as to reach the Bar
offices, whether by mail, in person or electronically no later than 5:00 p.m.
on the day prior to the date ballots will be counted. Balloting shall close at
5:00 p.m.
(b)(4)(C) The candidates may
submit in writing the names of two persons to act as ballot counters, and
arrange to have counters at the Bar offices or such other place as the
executive director shall determine on the date and time for counting ballots.
(b)(4)(D) The executive director
shall designate the time, date and place for the counting of ballots, and shall
arrange for the counting for those ballots not cast electronically.
(b)(4)(E) The successful
candidate shall be notified by the president who shall then call a meeting of
the Board prior to the end of the annual meeting for the purpose of
reorganizing the Board. Public announcement of election result shall be made at
the discretion of the president.
(b)(4)(F) The term of the new president-elect
shall begin when he or she is seated at the reorganization meeting of the
Board.
(b)(4)(G) If any day or date set
forth above shall fall on a Saturday, Sunday or holiday, the act required or
time fixed shall occur on or run from the next working day.
(b)(5) If there is a dispute as
to the validity of the election it shall be resolved by the Board at its first
meeting after the election. Any Board member involved in the dispute shall not
be entitled to vote. The executive director shall give written notice to each
candidate of the hearing on the contested election and each candidate shall
have the right to be personally present, to be represented by counsel and to
present proof at such hearing. The Board shall have the right to examine the ballots
and to inquire into their validity and into all matters germane to the election
and dispute.
(b)(5)(A) The Board may designate
a committee from among its members to hear disputed election matters, but
decisions of the committee shall not be effective until approved by the Board.
In every contested election hearing, the Board shall have the right to
prescribe rules and regulations for the conduct.
(b)(5)(B) The decision of the
Board shall be final.
(c) Seating new commissioners and
officers. The reorganization meeting of the Board shall be called to order by
the outgoing president. He or she shall first conduct any unfinished business
to come before the existing Board. Thereafter, the newly-elected commissioners
who have been found qualified and declared elected shall be seated as members
of the Board. The outgoing president shall recognize and seat the new president
and president-elect.
(d) Terms of office. The terms of
office of the president and president-elect shall run concurrently and shall
begin at the commencement of the annual convention and run until their
successors have been seated. Notwithstanding the running of the president's
term of office, all official functions of the annual convention shall be
presided over by the outgoing president.
(e) Duties and temporary
absences. The president shall preside at all meetings of the Bar and of the
Board, and in the event of any temporary absence, the president-elect shall
perform the duties of the president. The president shall represent the Bar at all
appropriate functions and shall perform such other duties and otherwise
represent the Bar and the Board as directed by the Board.
(f) Vacancies. A vacancy occurs
in the office of president or president-elect by reason of death, resignation,
incapacity, retirement, removal, change of residence from Utah, or upon the
incumbent ceasing to be an active member of the Bar in good standing. A vacancy
shall be filled by the Board from among its members upon a majority vote by
secret ballot of the remaining Board members. Commissioners not in attendance
at the meeting may submit their vote in writing to the executive director. If a
vacancy occurs in the office of president-elect a president-elect shall be
nominated and stand for election under Article 1, Integration and Management
and paragraph (b) above.
(g) Removal. The president or
president-elect may be removed from office by:
(g)(1) the vote of nine of the
current voting commissioners at a meeting of which advance notice of the
removal vote is given as provided in 14-204(a)(2), provided that commissioners
not in attendance at the meeting may submit their vote in writing to the
executive director; or
(g)(2) the vote of a majority of
the active members of the Bar voting in a special election held for the purpose
of consideration of removal. Ballots shall be mailed, first class, 20 days
after the filing of a petition calling for removal signed by 10% of the active
members of the Bar. Ballots shall be due 17 days after mailing and the results
tabulated and announced not more than 45 days after the filing of the petition.