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.