Deadline for comments: May 26, 2009
The Virginia State Bar is seeking public comment on proposals that would broaden the agency’s responsibilities to include promotion of diversity in the legal profession.
The proposals, recommended by the Diversity Task Force, would amend the bar’s mission statement, establish a Diversity Conference, and designate a new seat on the VSB Council and Executive Committee for the conference’s chair.
The council will consider the proposals at its meeting on June 18, 2009, in Virginia Beach.
The Diversity Task Force, appointed by VSB President Manuel A. Capsalis, convened for the first time on July 28, 2008. It is chaired by former VSB president Joseph A. Condo.
Diversity Initiative Frequently Asked Questions 5/26/09
The proposals are:
PROPOSED ADDITION TO PARAGRAPH 19
ORGANIZATION AND GOVERNMENT OF THE VSB
9. POWERS OF THE COUNCIL.—The Council shall have general charge of the administration of the affairs of the Virginia State Bar, and shall have the power:
(a) To adopt Bylaws for the Council and the Virginia State Bar not in conflict with these rules.
(b) To elect the officers provided for by these rules.
(c) To fill vacancies in the Council for unexpired terms if there should be a failure for sixty days to elect as provided in Section (6) and to fill vacancies in any office for unexpired terms.
(d) To appoint committees and prescribe their duties.
(e) To employ such assistants as it deems necessary and to fix their duties and compensation and the compensation of the Secretary-Treasurer.
(f) To make allocations of funds within the amounts available.
(g) To conduct such investigations and make such reports as may be directed by the Supreme Court or by the bar.
(h) To render advisory opinions as provided in Section (10).
(i) To establish an Administration and Finance Fund from which expenses related to meetings of the Council, meetings of the Executive Committee, the Annual and Midyear Meetings, and other official functions of the Virginia State Bar may be paid. The Fund shall be composed of funds appropriated to it by Council, or otherwise received. Such funds may be held, managed and invested as authorized or directed by Council. Disbursements from the fund shall be made as authorized by Council to pay the necessary expenses related to official functions of the Virginia State Bar as authorized by these Rules including, but not limited to, those expenses resulting from the exercise of the Council’s powers under these Rules.
(j) The Council may, at its discretion or upon a written request of the majority of the members of the Virginia State Bar or pursuant to a resolution duly adopted at a regular or called meeting, exercise the necessary powers:
To promote reforms in judicial procedure and the judicial system that are intended to improve the quality and fairness of the system;
To recommend to the Supreme Court procedures for the disciplining, suspending and disbarring of attorneys;
To recommend to the Supreme Court the adoption of, modifications to, amendments to or the repeal of any rule of the Rules of the Supreme Court of Virginia;
To regulate the legal profession;
To improve the quality of the legal services made available to the people of Virginia;
To investigate, evaluate or endorse judicial candidates on a nonpartisan, merit basis;
To uphold and elevate the standards of honor, of integrity and of courtesy in the legal profession;
To encourage higher and better education for membership in the profession;
To encourage and promote diversity in the profession and the judiciary; and
To perform all duties imposed by law.
DRAFT BYLAWS, VSB DIVERSITY CONFERENCE
ARTICLE 1: NAME AND PURPOSE
§1.1 NAME: This Conference shall be known as "the Diversity Conference" and shall be referred to herein as the "DC" or the "Conference."
§1.2 MISSION: The DC shall (1) foster and encourage diversity in the admission to the bar and advancement in the legal profession and the judiciary; (2) serve as a catalyst for creating leadership and bar service opportunities in the legal profession in Virginia; and (3) work to ensure that the legal system is responsive to the legal needs of the people of Virginia.
§1.3 GOALS: The DC shall have the following goals:
(a) Encouraging aspiration to a legal career among diverse individuals;
(b) Enhancing access to a law-school education for diverse individuals and promoting their success;
(c) Promoting and maintaining the quality of legal services in Virginia;
(d) Promoting and assisting the advancement in the legal profession of diverse individuals;
(e) Fostering diversity at all levels of the judiciary;
(f) Enhancing participation by lawyers of diversity in the governance and activities of the Virginia State Bar ("VSB") and other organized bar groups; and
(g) Providing a forum to assist the legal profession and judiciary in understanding and addressing the legal needs of Virginia’s diverse population.
ARTICLE 2: MEMBERSHIP
§2.1 MEMBERS:
(a) Any local or specialty bar association in Virginia may become a member of the DC upon request in writing to the Executive Director of the VSB, supplying the names, addresses, phone numbers and email addresses of its president and any other officers or staff;
(b) Any ABA-accredited Virginia law school may become a member of the DC upon request in writing to the Executive Director of the VSB, supplying the names, addresses, phone numbers and email address of its Dean and, if a person other than the Dean, its duly designated representative to the DC;
(c) Any individual in good standing with the VSB may become a member of the DC upon request in writing to the Executive Director of the VSB, supplying his or her name, address, phone number and email address; and
(d) Any non-lawyer member of the Board of Governors appointed by the President of the VSB shall also be a member of the DC.
§2.2 DUES: No dues other than those required for VSB membership will be required.
§2.3 TERMINATION OF MEMBERSHIP: Any local or specialty bar association that has dissolved shall automatically cease to be a member of the DC. Any Virginia law school that no longer has ABA accreditation or that has dissolved shall automatically cease to be a member of the DC. Except for any non-lawyer member of the Board of Governors appointed by the President of the VSB, any individual member of the DC who is not in good standing with the VSB shall automatically cease to be a member of the DC.
ARTICLE 3: CONFERENCE MEETINGS
§3.1 ANNUAL MEETING: There shall be an Annual Meeting of the members of the DC during the Annual Meeting of the VSB.
§3.2 SPECIAL MEETINGS: The DC may hold other meetings of its membership during the year. Prior to such meetings, the Chair of the Board of Governors will give reasonable notice of said meeting.
§3.3 QUORUM: The members of the DC present at any duly called meeting of the membership shall constitute a quorum for the transaction of business. Action by a majority vote of the members present shall be binding on the DC.
§3.4 AGENDA: The agenda of the Annual Meeting of the Conference shall include the election of officers of the Board of Governors and such other matters as the Chair of the Board of Governors deems appropriate. The agenda of a special meeting of the Conference shall consist of those matters which the Chair of the Board of Governors deems appropriate and of which notice has been given.
§3.5 PARLIAMENTARY AUTHORITY: Robert's Rules of Order, as most recently published from time to time, shall be the parliamentary authority to govern meetings of the Conference in parliamentary situations not covered by these Bylaws, unless at a particular meeting the members present direct otherwise.
ARTICLE 4: BOARD OF GOVERNORS
§4.1 POWERS AND FUNCTIONS:
(a) The Board of Governors shall be vested with the powers and duties necessary for the administration of the activities of the Conference, subject to the provisions of the rules of integration and the bylaws of the VSB.
The Board of Governors shall prepare and recommend an annual budget for the Conference to the VSB Standing Committee on Budget and Finance. The Board of Governors shall not authorize commitments, contracts or expenditures which entail the payment during a fiscal year of more money than the funds available in the approved budget of the Conference for such fiscal year.
The Board of Governors is authorized to establish such organizational structures and committees as it deems necessary or advisable to carry out its purposes. The Conference shall establish an appropriate chain of responsibility for any organizational structures and committees that it may create. No action of a Conference committee or other organizational entity shall be effective until approved by the Board of Governors. The authority to establish committees into organizational structures may be delegated by the Board of Governors to the Chair.
(b) Between meetings of the membership, the Board of Governors shall have authority to perform the functions that the membership of the Conference may perform, except that the Board of Governors may not exercise the right of the membership to amend these Bylaws or to elect officers or members of the Board of Governors other than to fill vacancies in those positions. The Board of Governors shall report at each meeting of the membership, or more frequently as it may deem appropriate, any significant actions taken.
The Chair of the Board of Governors shall serve as the Conference representative on the VSB Council.
§4.2 COMPOSITION:
The Board of Governors shall be composed of the following individuals:
(a) Twelve (12) members-at-large, elected to the Board of Governors by the membership of the Conference, with reasonable consideration being given to representation of as many groups of diversity as practicable on the Board of Governors, except that the initial Board of Governors shall be appointed by the President of the VSB;
(b) Three (3) members-at-large, appointed to the Board of Governors by the President of the VSB, of which at least one member shall be a non-lawyer; and
(c) Honorary members, not to exceed three (3) in number, elected by the members of the Conference, to serve without a vote. The Conference shall encourage and solicit members of the active and retired judiciary for these positions. The initial honorary members shall be appointed by the President of the VSB.
§4.3 TERMS: The term of office of a member-at-large and of an honorary member is three (3) VSB years beginning with the adjournment of the annual meeting of the Conference held at the Annual Meeting of the VSB during which the member is elected. A member-at-large or an honorary member may be re-elected, but no member-at-large shall serve more than two (2) consecutive three (3) year terms except that an officer elected pursuant to Article 6 shall serve to complete the officer's term of office. Service during the completion of a partial or unexpired term shall not count in determining term limitation. The terms of the Board of Governors shall be staggered. For purposes hereof, "VSB year" shall mean a year beginning on the date on which the President of the VSB begins office.
§4.4 MEETINGS:
(a) The Board of Governors shall hold an annual meeting each year at the time and place of the Annual Meeting of the VSB. The Chair may, and upon request of three (3) members of the Board of Governors shall, call special meetings of the Board of Governors between Annual Meetings. The Chair shall give to the members of the Board of Governors at least ten (10) days' notice of the date, time, place and purpose of a special meeting.
(b) At each meeting a majority of the voting members of the Board of Governors in attendance shall constitute a quorum for the transaction of business. The vote of a majority of such members present shall be the act of the Board of Governors.
(c) There shall be neither absentee nor proxy voting.
(d) If, as determined by the Chair, a meeting of the Board of Governors is not feasible, the Chair may, and upon the written request of five (5) members of the Board of Governors shall, submit to the members of the Board of Governors for resolution any item(s) upon which the Board of Governors is required or may be authorized to act.
§4.5 COMPENSATION: No salary or compensation for services in that capacity shall be paid to or by any officer, member of the Board of Governors, or member of any committee, except as may be specifically authorized by the VSB.
§4.6 VACANCIES: If any voting member of the Board of Governors fails to attend three (3) successive meetings of the Board of Governors, that member's seat on the Board of Governors shall be vacated automatically, unless the absence is excused by the Chair. Between Annual Meetings of the Conference, the Board of Governors may fill any vacancy in the position of a Board member-at-large. A person named to fill a vacancy shall serve for the remainder of the unexpired term and shall be eligible for re-election as set forth in §4.3.
PROPOSED AMENDMENT TO PARAGRAPH 5
ORGANIZATION AND GOVERNMENT OF THE VSB
5. THE COUNCIL. — The powers of the Virginia State Bar shall be exercised by a Council composed of at least thirty-seven members in addition to the President, President-elect and Immediate Past President, as ex officio members, elected and appointed as follows:
At least one active member from each of the thirty-one judicial circuits, elected for a term of three years by the members of the bar of each circuit, and nine members appointed by the Supreme Court of Virginia from the active members of the bar of the state at large. The Court shall appoint the at-large members to serve for a term of three years and, further, shall appoint in such a manner as to ensure that three members are appointed annually. A person who has served two successive full three-year terms as an elected or appointed member of Council shall not be eligible for election or appointment to a third successive term.
For each additional judicial circuit, whenever created, there shall be a member of the Council, who shall be an active member of the bar of that circuit. An election shall be held in such circuit within sixty (60) days after the creation of such circuit or as soon thereafter as may be feasible in the manner provided at Paragraph 6. The Council at its meeting next thereafter shall determine the length of the term of the first member from that circuit so that, as nearly as possible, the terms of one-third of the members of the Council expire each year.
Any circuit having as of the 1st day of February in any year more than 500 active members in good standing who are domiciled or principally practice their profession in such circuit shall be entitled to one additional member of the Council for each additional 500 members or major fraction thereof. In the event that the membership in a circuit as of February 1 is such that it is no longer entitled to one or more additional members, the term of such additional member[s] of the Council shall end at the expiration of the term for which the member[s] was elected. Provided, however, that the number of Council members from each circuit as of July l, 2008, shall not be reduced unless the active membership in the circuit first increases to the number which will sustain its allocation of Council members as of July l, 2008, under the above formula, and subsequently falls below that number.
Whenever a judicial circuit shall be abolished, the term of any member of the Council from that circuit shall end forthwith.
The President of the Young Lawyers Conference shall serve as an ex officio member of the Council.
The Chair of the Conference of Local Bar Associations shall serve as an ex officio member of the Council.
The Chair of the Senior Lawyers Conference shall serve as an ex officio member of the Council.
The Chair of the Diversity Conference shall serve as an ex officio member of the Council.
PROPOSED AMENDMENT TO ARTICLE VI
VSB COUNCIL BYLAWS
Sec. 1. There shall be an Executive Committee consisting of twelve thirteen members, six of whom shall be elected annually by and from the Council, with the president, president-elect, immediate past president, President of the Young Lawyers Conference, Chair of the Senior Lawyers Conference, and Chair of the Conference of Local Bar Associations, and Chair of the Diversity Conference serving as ex officio members.