(a) President. The president-elect automatically succeeds 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 must notify the Board in writing no later than January 2The Board also may consider additional candidates at its discretion.
(b)(2) The Board must 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, must 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 will 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 succeeds to the office of president and serves 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 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 must be provided to all active lawyer licensees of the Bar containing the alphabetized names of the candidates. The ballots must be provided electronically via email to active lawyer licensees at their email address on record with the Bar at least 15 days prior to the date on which the election closes. If there is only one candidate for the office of president-elect, the ballot must be considered as a retention vote and a majority of those voting must be required to reject the sole candidate.
(b)(4)(A) Ballots must state the date they are due and be submitted no later than 9:59 p.m. Mountain Time on the day the election closes.
(b)(4)(B) The successful candidate must be notified by the Executive Director. The President must 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 results will be made at the discretion of the president.
(b)(4)(C) The term of the new president-elect must begin when he or she is seated at the reorganization meeting of the Board.
(b)(4)(D) If any day or date set forth above falls on a Saturday, Sunday or holiday, the act required or time fixed must occur on or run from the next working day.
(b)(5) If there is a dispute as to the validity of the election it must be resolved by the Board at its first meeting after the election. Any Board member involved in the dispute must not be entitled to vote. The executive director must give written notice to each candidate of the hearing on the contested election and each candidate must have the right to be personally present, to be represented by counsel and to present proof at the hearing. The Board has the right to inquire 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 must not be effective until approved by the Board. In every contested election hearing, the Board will have the right to prescribe rules and regulations for the review or hearing.
(b)(5)(B) The decision of the Board is final.
(c) Seating new commissioners and officers. The reorganization meeting of the Board must be called to order by the outgoing president. He or she must first conduct any unfinished business before the existing Board. Thereafter, the newly-elected commissioners who have been found qualified and declared elected must be seated as members of the Board. The outgoing president must recognize and seat the new president and president-elect.
(d) Terms of office. The terms of office of the president and president-elect must run concurrently and must 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 must be presided over by the outgoing president.
(e) Duties and temporary absences. The president must preside at all meetings of the Bar and of the Board, and in the event of any temporary absence, the president-elect must perform the duties of the president. The president must represent the Bar at all appropriate functions and must perform such duties and 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 lawyer licensee in good standing. A vacancy must be filled by the Board from among its members by 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 must 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 lawyer licensees voting in a special election held for the purpose of consideration of removal. Ballots must be emailed20 days after the filing of a petition calling for removal signed by 10% of the active lawyer licensees. Ballots are due 17 days after emailing and the results tabulated and announced not more than 45 days after the filing of the petition.
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