Minnesota State Bar Association

 

Elections/Appointments Committee of the Assembly

Guidelines

Adopted by the Assembly – 4/15/05

 

 

 

ARTICLE I

1.1       Purpose: In accordance with §4.11.1 (e) of the MSBA Bylaws, the duties of the Elections/Appointments Committee are to:  “Study and make recommendations relating to the general and specific powers and functions of the Assembly relating to Election/Appointments as identified in §4.1.”

 

 

ARTICLE II

2.1       Powers & Duties:  The Elections/Appointments Committee shall study and make written recommendations to the Assembly for elections and appointments to the following committees as outlined in §4.1 of MSBA Bylaws:

2.2       Election of Officers to the Assembly:

2.2.1    Election of an officer under Article 9 of MSBA Bylaws, subject to nomination by the Hennepin County Bar Association.

2.2.2    Election of an officer under Article 9 of MSBA Bylaws, subject to nomination by the Ramsey County Bar Association.

2.2.3    Election of an officer under Article 9 of MSBA Bylaws, subject to nomination by the outstate affiliated district bar associations (affiliated district bar associations other than the Hennepin County Bar Association and Ramsey County Bar Association).

2.2.4    Election of an officer of the MSBA pursuant to §9.23, §9.2.4, and §9.4 of MSBA Bylaws.

2.2.5    Election of three representatives from the Assembly to serve on the Council pursuant to §7.2 of MSBA Bylaws.

2.3       Appointments/Elections to Boards:

2.3.1    The President’s Appointment of members to the MCLE Board.

2.3.2    Election of LawPAC Trustees.

2.3.3    Selection of the Minnesota State Bar Foundation Board of Directors.

2.3.4    Election of MSBA nominees for positions on boards, committees, and other bodies appointed by the Minnesota Supreme Court, including but not limited to:


 

Board

Membership

Term

Bar Admissions Advisory Council

3 MSBA

3 year

Client Security Board

3 MSBA

3 year; 2 term maximum

Lawyers Trust Account Board

3 MSBA

3 year; 2 term maximum

Lawyers Professional Responsibility Board

6 MSBA

3 year; 2 term maximum

Legal Services Advisory Committee

4 MSBA

3 year; 2 term maximum

Board of Continuing Legal Education

6 MSBA

3 year;2 term maximum

Board of Legal Certification

3 MSBA

3 year; 2 term maximum

 

            2.3.5    Election to Legal Services/Volunteer Boards, including but not limited to:

 

Board

Membership

Term

Anishinabe Legal Services

1 MSBA

2 year; no term limit

Central Minnesota Legal Services

3 MSBA

2 year; no term limit

MN Volunteer Attorney Program

3 MSBA: Nominated by MN Legal Services Coalition

3 year; no term limit

2 client positions nominated by MN Client’s Council

Southern MN Regional Legal Services

2 MSBA

2 year; no term limit

 

2.4       Recommend election of delegates to the ABA House of Delegates representing the MSBA.

2.5       Serve as directed by the President of the MSBA and/or Assembly.  Members of the Elections/Appointments Committee shall also assist and provide guidance to the President of the MSBA and/or Assembly as directed in accordance with the MSBA Bylaws.

2.6       Recommend election of other persons as authorized or directed.

 

 

ARTICLE III

3.1       Committee.  The Committee shall consist of MSBA Assembly members appointed by the President and approved by the Assembly.  In accordance with §4.11.1 of the MSBA Bylaws, the Chair of the Committee shall be appointed by the President.  The Vice-Chair shall be elected by the Committee.

3.2       Terms.  The term of membership for MSBA members shall coincide with their respective terms on the Assembly. 

3.3       Vacancies.  Any vacancy in the Committee, however occurring, may be filled at any meeting of the Assembly. 

3.4       Regular Meetings.  Regular meetings of the Committee shall be held at the MSBA offices in Minneapolis and at the site of the annual convention.  If authorized by the MSBA, the committee may meet at a retreat location selected by the Committee chair.  Members may participate by telephone conference and meetings may be held electronically in accordance with §4.11.3 of MSBA Bylaws.  When possible, the regular meetings shall be held at least twenty (20) days prior to a scheduled assembly meeting in order to provide MSBA staff the written recommendations for the upcoming meeting.

3.5       Special Meetings.  Special meetings of the Committee may be called by the Chair, the Vice-chair or by any five (5) members of the Committee providing ten (10) days notice unless an emergency exists. If an emergency exists, the Chair may call a special meeting to be held via telephone conference or email.  Such special meetings may also be used as a forum for preliminary discussions of agenda items of a regular scheduled meeting.

3.6       Notice.  When possible, notice of the time and place of the regular meetings of the Committee shall be issued by MSBA staff, not less than twenty-one (21) days before the meeting.

3.7       Quorum.  In accordance with §4.11.2 of the MSBA Bylaws, the presence of one-third (1/3) of the members of the Committee shall constitute a quorum.  In the event that a quorum is not present at a meeting, preliminary discussions may be held subject to approval at a future meeting when a quorum is present. 

 

 

ARTICLE IV

4.1       Nomination/Recommendation Process

4.1.1    Notification. The Committee shall give timely notice of elections and shall invite any interested member to apply for nomination.   When possible, the notice shall be published at least 45 days before the Committee meeting in a publication of general circulation to the membership and by any other effective means.

4.1.2    Distribution of Qualifications & Interest Statements.  Upon receipt of Qualifications & Interest Statements for available positions, the statements shall be distributed to the Committee members at least two weeks prior to a scheduled committee meeting. 

4.1.3    Review of Qualifications & Interest Statements.  The Committee shall certify whether each nominee seeking appointment or office meets the minimum qualifications (i.e. as a member in good standing and a bona fide member of the nominating organization).  If upon review of Qualifications & Interest Statements received it is determined that a contested election exists, the Chair or the Chair’s delegate may invite the candidates to its next meeting to address the Committee.  The Committee may also seek information from any relevant source regarding the candidate.

4.1.4    Voting. Voting shall be conducted in accordance with Section 17 of the MSBA Bylaws. 

4.1.5    Recommendations for Nomination.  The Committee shall provide one written recommendation for nomination per position to the Assembly or appropriate confirming body.  In the event of a tie vote for nomination, the Committee shall forward multiple written recommendations to the Assembly or appropriate confirming body.  The Committee may decline to provide a recommendation for any position if the Committee determines that no candidate is sufficiently qualified for the position.  The Committee shall forward all candidate names and materials and its recommendation(s) to the Assembly or appropriate confirming body in time for them to be considered fully at the election to which they relate.  All elections will be placed on the Assembly Action Calendar.

4.1.6    Follow-up Process.  As part of the nomination process, the Committee Chair or the chair’s delegate shall also:

 

  1. Track MSBA-nominated/elected positions.
  2. Send letters of notification when the end of the term is approaching.  When appropriate, determine if the incumbent is interested in another term.
  3. Make members aware of open positions through the Assembly Report Calendar and/or Legal News Digest.
  4. Collect and distribute Qualifications & Interest Statements.
  5. In contested elections contact candidates and invite them to attend and make a short presentation prior to election.
  6. Conduct election.
  7. Notify candidates of election results.
  8. Notify the Court/Outside Entity of the election results.

 

4.1.7    Assignment of Duties.  It shall be the discretion of the Chair to have MSBA staff assist the Committee in exercising its duties.