Rule 14-206. Officers.
(a) President. Thepresident-elect shall automatically succeed to the office of president pursuantto Article 1, Integration and Management.
(b) President-elect;qualifications; voting procedures.
(b)(1) A lawyer commissioner whowishes to be considered as a candidate or a commissioner who wishes torecommend the name of another lawyer in good standing on active status to beconsidered as a candidate shall notify the Board in writing no later thanJanuary 1. The Board also may consider additional candidates at its discretion.
(b)(2) The Board shall nominateat least one candidate to run for the office of president-elect from among thenames submitted to the Board as set forth above. The Board, by vote, shallnominate those running for the office of president-elect at a regularlyscheduled meeting. Balloting for nomination to run for the office ofpresident-elect shall be by secret ballot except that commissioners not inattendance at the meeting may submit their vote in writing to the president orexecutive director.
(b)(3) A lawyer electedpresident-elect shall succeed to the office of president and shall then serveas president with authority to represent the Bar and preside at all meetings ofthe Board and the Bar even though the president-elect may not be serving in aterm as an elected commissioner. A president and president-elect who are notelected commissioners have the authority to vote on matters brought before theBoard. In the event of a tie vote, the matter at hand shall fail to pass.
(b)(4) Ballots shall be providedto all active members of the Bar containing the alphabetized names of thecandidates. The ballots shall be provided electronically via email, and if bymail, mailed to active members at their business mailing address at least 15 daysprior to the date on which ballots will be counted. In the event that there isonly one candidate for the office of president-elect, the ballot shall beconsidered as a retention vote and a majority of those voting shall be requiredto reject the sole candidate.
(b)(4)(A) The ballot, togetherwith a ballot envelope and a cover envelope in which the voting member shallidentify himself or herself, shall be included if the ballot was mailed.
(b)(4)(B) Ballots shall state thedate upon which they are due and shall be returned so as to reach the Baroffices, 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 at5:00 p.m.
(b)(4)(C) The candidates maysubmit in writing the names of two persons to act as ballot counters, andarrange to have counters at the Bar offices or such other place as theexecutive director shall determine on the date and time for counting ballots.
(b)(4)(D) The executive directorshall designate the time, date and place for the counting of ballots, and shallarrange for the counting for those ballots not cast electronically.
(b)(4)(E) The successfulcandidate shall be notified by the president who shall then call a meeting ofthe Board prior to the end of the annual meeting for the purpose ofreorganizing the Board. Public announcement of election result shall be made atthe discretion of the president.
(b)(4)(F) The term of the new president-electshall begin when he or she is seated at the reorganization meeting of theBoard.
(b)(4)(G) If any day or date setforth above shall fall on a Saturday, Sunday or holiday, the act required ortime fixed shall occur on or run from the next working day.
(b)(5) If there is a dispute asto the validity of the election it shall be resolved by the Board at its firstmeeting after the election. Any Board member involved in the dispute shall notbe entitled to vote. The executive director shall give written notice to eachcandidate of the hearing on the contested election and each candidate shallhave the right to be personally present, to be represented by counsel and topresent proof at such hearing. The Board shall have the right to examine the ballotsand to inquire into their validity and into all matters germane to the electionand dispute.
(b)(5)(A) The Board may designatea committee from among its members to hear disputed election matters, butdecisions of the committee shall not be effective until approved by the Board.In every contested election hearing, the Board shall have the right toprescribe rules and regulations for the conduct.
(b)(5)(B) The decision of theBoard shall be final.
(c) Seating new commissioners andofficers. The reorganization meeting of the Board shall be called to order bythe outgoing president. He or she shall first conduct any unfinished businessto come before the existing Board. Thereafter, the newly-elected commissionerswho have been found qualified and declared elected shall be seated as membersof the Board. The outgoing president shall recognize and seat the new presidentand president-elect.
(d) Terms of office. The terms ofoffice of the president and president-elect shall run concurrently and shallbegin at the commencement of the annual convention and run until theirsuccessors have been seated. Notwithstanding the running of the president'sterm of office, all official functions of the annual convention shall bepresided over by the outgoing president.
(e) Duties and temporaryabsences. The president shall preside at all meetings of the Bar and of theBoard, and in the event of any temporary absence, the president-elect shallperform the duties of the president. The president shall represent the Bar at allappropriate functions and shall perform such other duties and otherwiserepresent the Bar and the Board as directed by the Board.
(f) Vacancies. A vacancy occursin the office of president or president-elect by reason of death, resignation,incapacity, retirement, removal, change of residence from Utah, or upon theincumbent ceasing to be an active member of the Bar in good standing. A vacancyshall be filled by the Board from among its members upon a majority vote bysecret ballot of the remaining Board members. Commissioners not in attendanceat the meeting may submit their vote in writing to the executive director. If avacancy occurs in the office of president-elect a president-elect shall benominated and stand for election under Article 1, Integration and Managementand paragraph (b) above.
(g) Removal. The president orpresident-elect may be removed from office by:
(g)(1) the vote of nine of thecurrent voting commissioners at a meeting of which advance notice of theremoval vote is given as provided in 14-204(a)(2), provided that commissionersnot in attendance at the meeting may submit their vote in writing to theexecutive director; or
(g)(2) the vote of a majority ofthe active members of the Bar voting in a special election held for the purposeof consideration of removal. Ballots shall be mailed, first class, 20 daysafter the filing of a petition calling for removal signed by 10% of the activemembers of the Bar. Ballots shall be due 17 days after mailing and the resultstabulated and announced not more than 45 days after the filing of the petition.