Home

Bylaws

Lynchburg Bar Association, Inc.
Bylaws

ARTICLE I

Purpose

The purpose of the Lynchburg Bar Association, Inc. shall be to pursue those matters set forth in the Articles, more specifically being to promote the professional, educational and social aspects of the legal community in the Lynchburg, Virginia area, and to cooperate with judicial and governmental authorities in improving the judicial system.

ARTICLE II

Members

Types of Membership:
1. Regular Members: All attorneys at law, members of the Virginia State Bar, in good standing, actively engaged in the practice of law and practicing law principally in the City of Lynchburg or the Counties of Amherst, Appomattox, Bedford, Campbell or Nelson, and representing clients on a frequent basis in the City of Lynchburg, shall be eligible for regular membership. Regular members shall have the right to vote upon all the affairs of the corporation upon which members may vote under the Virginia Nonstock Corporation Act. Commonwealth's attorneys shall be eligible for regular membership.
2. Associate Members: All attorneys at law, members of the Virginia State Bar, in good standing, actively engaged in the practice of law and. practicing law principally in the City of Lynchburg or the Counties of Amherst, Appomattox, Bedford, Campbell or :Nelson, but not representing clients on a frequent basis in the City of Lynchburg, shall be eligible for associate membership . Associate Members shall have the right to vote upon those matters as shall be provided from time to time in the Bylaws.
3. Inactive Members: All person who at one time were engaged in the practice of law but who have discontinued such practice and are engaged in other occupations shall be eligible for inactive membership. Inactive Members shall have no right to vote, hold office or serve on standing committees.
4. Honorary Members: All Judges of Courts in the City of Lynchburg and the Counties of Amherst, Appomattox, Bedford, Campbell and Nelson, all of whose time is devoted to the duties of their office, and the Clerks and Deputy Clerks of Courts located in the same territory shall be eligible for honorary membership. Honorary Members shall have no right to vote, to hold office of to serve on standing committees.
To become a member, a qualifying individual need only to apply in writing to the secretary of the corporation and pay the appropriate current dues amount.
The annual meeting of the members of the corporation shall be held at a date, time and place as selected by the Board of Directors.
A special meeting of the members of the corporation may be held upon the majority vote of the Board of Directors, upon the call of the president, or upon the written request of at least five members. At such a special meeting, no business shall be transacted except such as shall have been specified in the notice thereof.
Written notice of an annual or special meeting, stating the place, date and hour of the meeting, and in case of a special meeting, the purpose or purposes for which it is called, shall be given either personally, by facsimile or by mail to each member entitled to vote at such meeting. Such notice shall be given not less than ten (10) nor more than sixty (60) days before the date of such a meeting.
Members holding one-fifth of the votes entitled to be cast, represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption of any matter voted upon by the members, unless a greater proportion is specified by these bylaws or required by law.

Notwithstanding the foregoing, no vote for judicial endorsements shall be taken by proxy.

ARTICLE III

Board of Directors

The business of the corporation shall be conducted by a Board of Directors containing no fewer than seven (7), nor more than fifteen (15) members. The Board of Directors shall meet at the call of the President or any two of the other members thereof. Meetings may be held anytime without notice if all the Directors are present or if those not present waive notice thereof either before or after the meeting, in writing. Notice of any meetings shall be reasonable, and shall be given to each Director in time to attend the meeting either by telephone, facsimile, mail or e-mail.
A majority of the number of Directors constitute a quorum for the transaction of business.
Each Director shall serve of a term of one year or until his or her successor is elected. The Directors shall be elected at the annual meeting of the members. A Director who has served three consecutive full terms shall not be eligible for re-election until the expiration of at least one year following the end of the last term served.
The vote to transact any business by the Board of Directors, once a quorum is established, shall be by simple majority.

ARTICLE IV

Officers and Duties

President: The President shall be the Chairman of the Board of Directors and shall preside over all meetings of the Board and of the members, also performing the other duties specified in these Bylaws. The President shall report to the membership at the annual meeting regarding any actions taken by the Board. In the case of the absence of the President, the Vice-President shall perform the duties of the President.
Vice-President: The Vice-President shall serve when the President is unable' to preside and to perform all other duties as set forth in these Bylaws, or as directed by the Board of Directors.
Secretary-Treasurer: The Secretary-Treasurer shall keep record of all of the proceedings of the meetings of the Board and of the members, and of all other matters of which a record shall be ordered by the President, and, with the concurrence of the President, shall conduct the election, and shall issue notices of all meetings.

The Secretary-Treasurer shall also report to the membership at each annual meeting, giving a summary of transactions during the preceding year. As Treasurer, the Secretary-Treasurer shall keep a complete roll of the members and shall collect and disburse all funds of the corporation. Furthermore, this officer shall keep regular accounts and books belonging to the corporation, which shall be open to inspection by the Board.

At the annual meeting, the Secretary-Treasurer shall make a full report of the receipts and disbursements of the past year.

The accounts of the Secretary-Treasurer shall be audited by three members of the corporation, the same to be appointed by the President and who shall report thereon at the annual meeting.

The Secretary-Treasurer is authorized to hire clerical help and may pay compensation for services in an amount as may from time to time be deemed appropriate by the Board of Directors.

ARTICLE V

Dues and Fees

Dues shall be fixed from time to time by the Board for the various classes of members, except Honorary Members. In fixing dues, the Board may take into consideration the number of years of practice in the profession by each member.

ARTICLE VI

Committees

The Board of Directors may from time to time appoint various committees to serve both the Board and the membership. All classes of members may serve on any committees so elected by the Board.

ARTICLE VII

Judicial Nominations

At such times as the Board is informed of an impending judicial vacancy or newly-created judicial position within the cities or counties of Lynchburg, Bedford, Amherst, Campbell and Nelson, or within the United States District Court for the Western District of Virginia, or in any other judicial position having immediate jurisdiction over actions within the aforesaid cities or counties, the Board will apply the following procedure:
1. Any person identified by the Board to be a prospective candidate for such vacancy or position shall be deemed a "candidate" for evaluation.
2. The Secretary-Treasurer will mail a confidential evaluation survey to all Regular and Associate members of the Association. Each survey form will be numbered for security purposes. In addition to any other inquiries contained on the survey form, each survey form shall ask the responding member to evaluate each candidate as being either (i) "highly qualified", (ii) "qualified" or (iii) "no rating given"... to fulfill the responsibilities of the judicial position sought by that candidate. This portion of the evaluation shall be referred to as an "overall rating".
3. Members eligible to vote will be provided with a separate survey form for each candidate and requested to return the forms anonymously to the Secretary-Treasurer prior to a specified date. In order to return a survey form, the member must certify that he/she is familiar with the work of that candidate and is able to provide informed responses.
4. The President, President-Elect, Secretary-Treasurer and such other members of the Board designated by the President, will tabulate the survey responses on a summary form containing the same evaluation categories as the survey form. The President and President-Elect or, if either be a candidate, their designated alternate, will certify the accuracy of the results. A candidate shall not be assigned an overall rating unless a majority of the survey forms submitted for that candidate reflects the same overall rating level and such candidate receives an evaluation from at least thirty-three percent (33%) of members eligible to vote. For these purposes, a rating of "highly qualified" is also inclusive of a "qualified" rating.
5. After tabulating the results, the Secretary-Treasurer will send to each candidate a summary of his/her own results. Each candidate will be informed that the Board will forward that candidate's overall rating to the general membership on a certain date ("disclosure date") unless the candidate withdraws as a prospective candidate for the vacancy or position prior to that disclosure date.
6. At the same time as each candidate's results are sent to that candidate, the Board may call for a Special Meeting of the general membership for the purpose of obtaining the Association's public endorsement of one or more candidates. Such meeting shall be conducted pursuant to Article II of these By-Laws. Only those remaining candidates who have received an overall rating of "qualified" or "highly qualified" ("qualified contenders") may be considered for endorsement by the general membership. Voting at the general membership meeting shall be by secret ballot and a simple majority of those members attending this meeting shall prevail. The general membership may vote to endorse one or more of the qualified contenders.
7. (a) The Board shall send the overall ratings of all candidates who have been evaluated by the Association and not withdrawn prior to the disclosure date, if any, to each legislator whose representative district extends into the aforesaid cities and counties.
  
  (b) In the event the judges of the courts in question are required to fill a judicial vacancy, the Board will send the same information to the Chief Judge to aid the judges in filling that vacancy.
8. Bar members shall not disseminate any information regarding the survey other than to disclose the identity, qualifications and overall rating of the candidates and the identity and qualifications of the candidate(s) endorsed at a Special Meeting of the Association.
At such times as the Board is informed of an impending re-appointment, removal or sanction of a judge currently holding a judicial position within any of the courts described in paragraph A, above, the following procedure shall apply:
1. The Board, at its discretion, may initiate the procedures hereinafter prescribed in this ARTICLE VII.
2. Upon receipt of a written request signed by at least twenty percent (20%) of the Association's voting members, the Board shall initiate the procedures hereinafter prescribed in this ARTICLE VII.
3. Once the Board initiates the following procedures, whether upon its own initiative or due to receipt of the above �described written petition, the Secretary-Treasurer shall mail a confidential evaluation survey to all members of the Association. Each survey form will be numbered for security purposes. In addition to any other inquiries contained on the survey form, each survey form shall ask the responding member to either "endorse" or "not endorse" that currently sitting judge.
4. Members will complete the survey form and return it anonymously to the Secretary-Treasurer prior to the specified date. In order to complete a form, the member must certify that he/she actively practices in that judge's court and is able to provide informed responses.
5. The President, President-Elect, Secretary-Treasurer, and any other member of the Board designated by the President, will tabulate the survey form responses on a summary form containing the same evaluation categories as the survey form. The President and President-Elect will certify the accuracy of the results. A currently sitting judge shall be deemed to have received the endorsement of the Association unless at least fifty-one percent (51%) of those submitting completed survey forms do not endorse that sitting judge.
6. The Association's failure to initiate, take action or adopt an opinion regarding re-appointment of a currently sitting judge shall be construed as the Association's favorable endorsement of that judge and his/her qualifications to serve.

ARTICLE VIII

Fiscal Year

The fiscal year of the corporation shall run from January 1 through December 31 each calendar year.

ARTICLE IX

Suspensions and Expulsions; Resignations

Any member of the corporation may be suspended or expelled for failure to pay dues, or for misconduct in the member's relations to this corporation or to the profession. Prior to such suspension of expulsion, such suspension or expulsion shall only be instituted by vote of the Board. Prior to such suspension or expulsion, the member shall be given the opportunity of a hearing before the Board and may appeal the decision of the Board to the entire membership, which shall consider the matter at a special meeting which shall be called for such purpose by the President.

Any member of the corporation may resign at any time.

ARTICLE X

Sections

Establishment: The Board of Directors may establish Sections of the Lynchburg Bar Association ( "the Bar Association" ) pertaining to those areas in which the Board finds that there is an interest. The Board may establish a Section upon its own motion or upon the written petition of fifteen (15) or more members requesting the creation of a particular Section. No Section will be maintained which has fewer than five (5) enrolled members in any year after the first year in which it was established. The Board retains the right to revoke the establishment of any Section at any time after notice to its last known members.
Purposes: The purposes of the Sections will be:
1. To bring together for the furtherance of their mutual interests members of the Bar Association.
2. To promote the objectives of the Bar Association.
3. To improve and reform laws relating to the various fields of law and the practice of law.
4. To assist in the continuing legal education of the legal community.
5. To monitor the Law Library collection and make suggestions relative to acquisitions.
6. To promote the interests and welfare of the public and members of the Bar.
Membership: Membership in any Section shall be open to any member of the Bar Association. upon payment of the annual dues for that Section.
Section Dues: Section dues shall be set by the Section. At the option of the Section. Section dues may be collected in the same manner and at the same time as dues for the Bar Association.
General: Each Section may establish and maintain bank accounts separate from the General bank accounts of the corporation, provided each Section in their respective Bylaws shall provide an annual audit of the same.

A Section may adopt Bylaws and elect such officers and directors that the Section deems appropriate. No Bylaws adopted by any Sections shall be inconsistent with the Articles and Bylaws of the corporation.

ARTICLE XI

Corporate Authority

No Officer or Director shall have the authority in the corporation to either incur debt, transfer property or obligate the corporation in any maker without the majority vote of the Board of Directors.

ARTICLE XII

Amendments

These Bylaws may be amended by a two-thirds vote of the Board of Directors.


	Privacy Policy Terms & Conditions
Home News & Events Officers and Directors Committees Member Directory Bylaws Contact Us Resources	Bylaws Lynchburg Bar Association, Inc. Bylaws ARTICLE I Purpose The purpose of the Lynchburg Bar Association, Inc. shall be to pursue those matters set forth in the Articles, more specifically being to promote the professional, educational and social aspects of the legal community in the Lynchburg, Virginia area, and to cooperate with judicial and governmental authorities in improving the judicial system. ARTICLE II Members Types of Membership: Regular Members: All attorneys at law, members of the Virginia State Bar, in good standing, actively engaged in the practice of law and practicing law principally in the City of Lynchburg or the Counties of Amherst, Appomattox, Bedford, Campbell or Nelson, and representing clients on a frequent basis in the City of Lynchburg, shall be eligible for regular membership. Regular members shall have the right to vote upon all the affairs of the corporation upon which members may vote under the Virginia Nonstock Corporation Act. Commonwealth's attorneys shall be eligible for regular membership. Associate Members: All attorneys at law, members of the Virginia State Bar, in good standing, actively engaged in the practice of law and. practicing law principally in the City of Lynchburg or the Counties of Amherst, Appomattox, Bedford, Campbell or :Nelson, but not representing clients on a frequent basis in the City of Lynchburg, shall be eligible for associate membership . Associate Members shall have the right to vote upon those matters as shall be provided from time to time in the Bylaws. Inactive Members: All person who at one time were engaged in the practice of law but who have discontinued such practice and are engaged in other occupations shall be eligible for inactive membership. Inactive Members shall have no right to vote, hold office or serve on standing committees. Honorary Members: All Judges of Courts in the City of Lynchburg and the Counties of Amherst, Appomattox, Bedford, Campbell and Nelson, all of whose time is devoted to the duties of their office, and the Clerks and Deputy Clerks of Courts located in the same territory shall be eligible for honorary membership. Honorary Members shall have no right to vote, to hold office of to serve on standing committees. To become a member, a qualifying individual need only to apply in writing to the secretary of the corporation and pay the appropriate current dues amount. The annual meeting of the members of the corporation shall be held at a date, time and place as selected by the Board of Directors. A special meeting of the members of the corporation may be held upon the majority vote of the Board of Directors, upon the call of the president, or upon the written request of at least five members. At such a special meeting, no business shall be transacted except such as shall have been specified in the notice thereof. Written notice of an annual or special meeting, stating the place, date and hour of the meeting, and in case of a special meeting, the purpose or purposes for which it is called, shall be given either personally, by facsimile or by mail to each member entitled to vote at such meeting. Such notice shall be given not less than ten (10) nor more than sixty (60) days before the date of such a meeting. Members holding one-fifth of the votes entitled to be cast, represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption of any matter voted upon by the members, unless a greater proportion is specified by these bylaws or required by law. Notwithstanding the foregoing, no vote for judicial endorsements shall be taken by proxy. ARTICLE III Board of Directors The business of the corporation shall be conducted by a Board of Directors containing no fewer than seven (7), nor more than fifteen (15) members. The Board of Directors shall meet at the call of the President or any two of the other members thereof. Meetings may be held anytime without notice if all the Directors are present or if those not present waive notice thereof either before or after the meeting, in writing. Notice of any meetings shall be reasonable, and shall be given to each Director in time to attend the meeting either by telephone, facsimile, mail or e-mail. A majority of the number of Directors constitute a quorum for the transaction of business. Each Director shall serve of a term of one year or until his or her successor is elected. The Directors shall be elected at the annual meeting of the members. A Director who has served three consecutive full terms shall not be eligible for re-election until the expiration of at least one year following the end of the last term served. The vote to transact any business by the Board of Directors, once a quorum is established, shall be by simple majority. ARTICLE IV Officers and Duties President: The President shall be the Chairman of the Board of Directors and shall preside over all meetings of the Board and of the members, also performing the other duties specified in these Bylaws. The President shall report to the membership at the annual meeting regarding any actions taken by the Board. In the case of the absence of the President, the Vice-President shall perform the duties of the President. Vice-President: The Vice-President shall serve when the President is unable' to preside and to perform all other duties as set forth in these Bylaws, or as directed by the Board of Directors. Secretary-Treasurer: The Secretary-Treasurer shall keep record of all of the proceedings of the meetings of the Board and of the members, and of all other matters of which a record shall be ordered by the President, and, with the concurrence of the President, shall conduct the election, and shall issue notices of all meetings. The Secretary-Treasurer shall also report to the membership at each annual meeting, giving a summary of transactions during the preceding year. As Treasurer, the Secretary-Treasurer shall keep a complete roll of the members and shall collect and disburse all funds of the corporation. Furthermore, this officer shall keep regular accounts and books belonging to the corporation, which shall be open to inspection by the Board. At the annual meeting, the Secretary-Treasurer shall make a full report of the receipts and disbursements of the past year. The accounts of the Secretary-Treasurer shall be audited by three members of the corporation, the same to be appointed by the President and who shall report thereon at the annual meeting. The Secretary-Treasurer is authorized to hire clerical help and may pay compensation for services in an amount as may from time to time be deemed appropriate by the Board of Directors. ARTICLE V Dues and Fees Dues shall be fixed from time to time by the Board for the various classes of members, except Honorary Members. In fixing dues, the Board may take into consideration the number of years of practice in the profession by each member. ARTICLE VI Committees The Board of Directors may from time to time appoint various committees to serve both the Board and the membership. All classes of members may serve on any committees so elected by the Board. ARTICLE VII Judicial Nominations At such times as the Board is informed of an impending judicial vacancy or newly-created judicial position within the cities or counties of Lynchburg, Bedford, Amherst, Campbell and Nelson, or within the United States District Court for the Western District of Virginia, or in any other judicial position having immediate jurisdiction over actions within the aforesaid cities or counties, the Board will apply the following procedure: Any person identified by the Board to be a prospective candidate for such vacancy or position shall be deemed a "candidate" for evaluation. The Secretary-Treasurer will mail a confidential evaluation survey to all Regular and Associate members of the Association. Each survey form will be numbered for security purposes. In addition to any other inquiries contained on the survey form, each survey form shall ask the responding member to evaluate each candidate as being either (i) "highly qualified", (ii) "qualified" or (iii) "no rating given"... to fulfill the responsibilities of the judicial position sought by that candidate. This portion of the evaluation shall be referred to as an "overall rating". Members eligible to vote will be provided with a separate survey form for each candidate and requested to return the forms anonymously to the Secretary-Treasurer prior to a specified date. In order to return a survey form, the member must certify that he/she is familiar with the work of that candidate and is able to provide informed responses. The President, President-Elect, Secretary-Treasurer and such other members of the Board designated by the President, will tabulate the survey responses on a summary form containing the same evaluation categories as the survey form. The President and President-Elect or, if either be a candidate, their designated alternate, will certify the accuracy of the results. A candidate shall not be assigned an overall rating unless a majority of the survey forms submitted for that candidate reflects the same overall rating level and such candidate receives an evaluation from at least thirty-three percent (33%) of members eligible to vote. For these purposes, a rating of "highly qualified" is also inclusive of a "qualified" rating. After tabulating the results, the Secretary-Treasurer will send to each candidate a summary of his/her own results. Each candidate will be informed that the Board will forward that candidate's overall rating to the general membership on a certain date ("disclosure date") unless the candidate withdraws as a prospective candidate for the vacancy or position prior to that disclosure date. At the same time as each candidate's results are sent to that candidate, the Board may call for a Special Meeting of the general membership for the purpose of obtaining the Association's public endorsement of one or more candidates. Such meeting shall be conducted pursuant to Article II of these By-Laws. Only those remaining candidates who have received an overall rating of "qualified" or "highly qualified" ("qualified contenders") may be considered for endorsement by the general membership. Voting at the general membership meeting shall be by secret ballot and a simple majority of those members attending this meeting shall prevail. The general membership may vote to endorse one or more of the qualified contenders. (a) The Board shall send the overall ratings of all candidates who have been evaluated by the Association and not withdrawn prior to the disclosure date, if any, to each legislator whose representative district extends into the aforesaid cities and counties. (b) In the event the judges of the courts in question are required to fill a judicial vacancy, the Board will send the same information to the Chief Judge to aid the judges in filling that vacancy. Bar members shall not disseminate any information regarding the survey other than to disclose the identity, qualifications and overall rating of the candidates and the identity and qualifications of the candidate(s) endorsed at a Special Meeting of the Association. At such times as the Board is informed of an impending re-appointment, removal or sanction of a judge currently holding a judicial position within any of the courts described in paragraph A, above, the following procedure shall apply: The Board, at its discretion, may initiate the procedures hereinafter prescribed in this ARTICLE VII. Upon receipt of a written request signed by at least twenty percent (20%) of the Association's voting members, the Board shall initiate the procedures hereinafter prescribed in this ARTICLE VII. Once the Board initiates the following procedures, whether upon its own initiative or due to receipt of the above �described written petition, the Secretary-Treasurer shall mail a confidential evaluation survey to all members of the Association. Each survey form will be numbered for security purposes. In addition to any other inquiries contained on the survey form, each survey form shall ask the responding member to either "endorse" or "not endorse" that currently sitting judge. Members will complete the survey form and return it anonymously to the Secretary-Treasurer prior to the specified date. In order to complete a form, the member must certify that he/she actively practices in that judge's court and is able to provide informed responses. The President, President-Elect, Secretary-Treasurer, and any other member of the Board designated by the President, will tabulate the survey form responses on a summary form containing the same evaluation categories as the survey form. The President and President-Elect will certify the accuracy of the results. A currently sitting judge shall be deemed to have received the endorsement of the Association unless at least fifty-one percent (51%) of those submitting completed survey forms do not endorse that sitting judge. The Association's failure to initiate, take action or adopt an opinion regarding re-appointment of a currently sitting judge shall be construed as the Association's favorable endorsement of that judge and his/her qualifications to serve. ARTICLE VIII Fiscal Year The fiscal year of the corporation shall run from January 1 through December 31 each calendar year. ARTICLE IX Suspensions and Expulsions; Resignations Any member of the corporation may be suspended or expelled for failure to pay dues, or for misconduct in the member's relations to this corporation or to the profession. Prior to such suspension of expulsion, such suspension or expulsion shall only be instituted by vote of the Board. Prior to such suspension or expulsion, the member shall be given the opportunity of a hearing before the Board and may appeal the decision of the Board to the entire membership, which shall consider the matter at a special meeting which shall be called for such purpose by the President. Any member of the corporation may resign at any time. ARTICLE X Sections Establishment: The Board of Directors may establish Sections of the Lynchburg Bar Association ( "the Bar Association" ) pertaining to those areas in which the Board finds that there is an interest. The Board may establish a Section upon its own motion or upon the written petition of fifteen (15) or more members requesting the creation of a particular Section. No Section will be maintained which has fewer than five (5) enrolled members in any year after the first year in which it was established. The Board retains the right to revoke the establishment of any Section at any time after notice to its last known members. Purposes: The purposes of the Sections will be: To bring together for the furtherance of their mutual interests members of the Bar Association. To promote the objectives of the Bar Association. To improve and reform laws relating to the various fields of law and the practice of law. To assist in the continuing legal education of the legal community. To monitor the Law Library collection and make suggestions relative to acquisitions. To promote the interests and welfare of the public and members of the Bar. Membership: Membership in any Section shall be open to any member of the Bar Association. upon payment of the annual dues for that Section. Section Dues: Section dues shall be set by the Section. At the option of the Section. Section dues may be collected in the same manner and at the same time as dues for the Bar Association. General: Each Section may establish and maintain bank accounts separate from the General bank accounts of the corporation, provided each Section in their respective Bylaws shall provide an annual audit of the same. A Section may adopt Bylaws and elect such officers and directors that the Section deems appropriate. No Bylaws adopted by any Sections shall be inconsistent with the Articles and Bylaws of the corporation. ARTICLE XI Corporate Authority No Officer or Director shall have the authority in the corporation to either incur debt, transfer property or obligate the corporation in any maker without the majority vote of the Board of Directors. ARTICLE XII Amendments These Bylaws may be amended by a two-thirds vote of the Board of Directors.
	Copyright © Lynchburg Bar Association, Inc. 2006-2007. All rights reserved.