(a) President. Thepresident-elect automatically succeeds to the office of president pursuant toArticle 1, Integration and Management.
(b) President-elect;qualifications; voting procedures.
(b)(1) A lawyercommissioner who wishes to be considered as a candidate or a commissioner whowishes to recommend the name of another lawyer in good standing on activestatus to be considered as a candidate ?must notify the Board in writing no later thanJanuary 2The Board also may consider additional candidates at its discretion.
(b)(2) The Board mustnominate at least one candidate to run for the office of president-elect fromamong the names submitted to the Board as set forth above. The Board, by vote, mustnominate those running for the office of president-elect at a regularlyscheduled meeting. Balloting for nomination to run for the office ofpresident-elect will 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 lawyerelected president-elect succeeds to the office of president and serves aspresident 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 a termas an elected commissioner. A president and president-elect who are not electedcommissioners 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 must beprovided to all active lawyer licensees of the Bar containing the alphabetizednames of the candidates. The ballots must be provided electronically via emailto active lawyer licensees at their email address on record with the Bar at least15 days prior to the date on which the election closes. If there is only onecandidate for the office of president-elect, the ballot must be considered as aretention vote and a majority of those voting must be required to reject thesole candidate.
?(b)(4)(A) Ballots must state the date they aredue and be submitted no later than 9:59 p.m. Mountain Time on the day theelection closes.
?(b)(4)(B) The successful candidate must benotified by the Executive Director. The President must then call a meeting ofthe Board prior to the end of the annual meeting for the purpose ofreorganizing the Board. Public announcement of election results will be made atthe discretion of the president.
(b)(4)(C) The term ofthe new president-elect must begin when he or she is seated at thereorganization meeting of the Board.
(b)(4)(D) If any dayor date set forth above falls on a Saturday, Sunday or holiday, the actrequired or time fixed must occur on or run from the next working day.
(b)(5) If there is adispute as to the validity of the election it must be resolved by the Board atits first meeting after the election. Any Board member involved in the dispute mustnot be entitled to vote. The executive director must give written notice toeach candidate of the hearing on the contested election and each candidate musthave the right to be personally present, to be represented by counsel and topresent proof at the hearing. The Board has the right to inquire into allmatters germane to the election and dispute.
(b)(5)(A) The Boardmay designate a committee from among its members to hear disputed electionmatters, but decisions of the committee must not be effective until approved bythe Board. In every contested election hearing, the Board will have the rightto prescribe rules and regulations for the review or hearing.
(b)(5)(B) Thedecision of the Board is final.
(c) Seating newcommissioners and officers. The reorganization meeting of the Board must becalled to order by the outgoing president. He or she must first conduct anyunfinished business before the existing Board. Thereafter, the newly-electedcommissioners who have been found qualified and declared elected must be seatedas members of the Board. The outgoing president must recognize and seat the newpresident and president-elect.
(d) Terms of office.The terms of office of the president and president-elect must run concurrentlyand must begin 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 must bepresided over by the outgoing president.
(e) Duties andtemporary absences. The president must preside at all meetings of the Bar andof the Board, and in the event of any temporary absence, the president-elect mustperform the duties of the president. The president must represent the Bar atall appropriate functions and must perform such duties and represent the Barand the Board as directed by the Board.
(f) Vacancies. Avacancy occurs in the office of president or president-elect by reason ofdeath, resignation, incapacity, retirement, removal, change of residence fromUtah, or upon the incumbent ceasing to be an active lawyer licensee in goodstanding. A vacancy must be filled by the Board from among its members by amajority vote by secret ballot of the remaining Board members. Commissionersnot in attendance at the meeting may submit their vote in writing to theexecutive director. If a vacancy occurs in the office of president-elect apresident-elect must be nominated and stand for election under Article 1,Integration and Management and paragraph (b) above.
(g) Removal. Thepresident or president-elect may be removed from office by:
(g)(1) the vote ofnine of the current voting commissioners at a meeting of which advance noticeof the removal vote is given as provided in 14-204(a)(2), provided thatcommissioners not in attendance at the meeting may submit their vote in writingto the executive director; or
(g)(2) the vote of a majority of the active lawyer licensees votingin a special election held for the purpose of consideration of removal. Ballotsmust be emailed20 days after the filing of a petition calling for removalsigned by 10% of the active lawyer licensees. Ballots are due 17 days after emailingand the results tabulated and announced not more than 45 days after the filingof the petition.
Effective November 1, 2020.