Virginia State Bar

An agency of the Supreme Court of Virginia

Adjust Text Size:   A   A

Family Law

A Section of the Virginia State Bar.

Bylaws

BYLAWS OF THE
FAMILY LAW SECTION
OF THE VIRGINIA STATE BAR
Approved by Council January 1978

Amended June 1981
Amended June 1983
Amended October 1984
Amended December 1996
Amended September 2008
Amended June 2011

ARTICLE I
Name and Purpose


Section 1.- Name The name of this Section shall be the Family Law Section of the Virginia State Bar.
Section 2. Purpose - The purpose of this Section is to concern itself with all aspects of the field of family, domestic relations, and juvenile law in the Commonwealth of Virginia, and to sponsor projects and programs of special interest and relevance to the members of this Section and the Virginia State Bar in those fields, and to furnish the public an understanding of their rights and obligations in such areas of law.

ARTICLE II
Membership and Dues


Section 1. Categories - There shall be four categories of Section membership: Active, Judicial, Associate, and Law Student. Only Active and Judicial members may vote or hold office.
[As amended June 1983]

Section 2. Eligibility - Any member of the Virginia State Bar shall be eligible for Active membership in the Section; any judge of a Virginia court shall be eligible for Judicial membership; any lawyer eligible to practice before the highest court of any state of the United States or the District of Columbia and not a member of the Virginia State Bar shall be eligible for Associate membership in the Section; and any full time law student not eligible for Active or Associate membership and enrolled in a law school in any state of the United States or the District of Columbia shall be eligible for Law Student membership in the Section. Upon request to the Secretary or to the Executive Director of the Virginia State Bar, members of each category shall be enrolled and shall continue as members so long as they retain their eligibility as aforesaid and pay the annual dues specified in Section 3 of this Article.
[As amended June 1983]

Section 3. Dues - To further the work of this Section, there shall be annual dues as may be assessed by the Board of Governors from time to time [$20.00 as approved January 1990], all of which shall be remitted to the Virginia State Bar. New members enrolled during the last quarter of the calendar year shall have dues waived until the next calendar year.
[As amended June 1983]

ARTICLE III
Board of Governors

Section 1. Number and Eligibility - There shall be a Board of Governors of this Section, which shall consist of thirteen voting members: ten Active members, as well as one Judge of the Court of Appeals, one Judge of a Circuit Court and one Judge of a Juvenile and Domestic Relations District Court of this Commonwealth. Duly elected Officers whose 4-year term has expired shall be counted toward the thirteen members and continue on the Board so long as they remain in office. Members of the Board of Governors shall be nominated and elected as hereinafter provided. No person shall be eligible for election to the Board of Governors if he previously has been elected to a full four year term on the Board of Governors, but reelection is permitted when at least one year has elapsed since that person has served on said Board. The Executive Director of the Virginia State Bar and the Immediate Past Chairman of this Section, shall each be a member of the Board ex officio. [As amended June 1983] The Board of Governors may invite a representative from the law schools of this Commonwealth and the Section’s Newsletter Editor to attend and participate on the Board of Governors; however said individuals shall not have a vote on any matter coming before the Board.
[As amended June 2011]

Section 2. Term - Members of the Board of Governors, except those nominated and elected to serve an unexpired term, shall be nominated and elected at each Annual Meeting of this Section, for terms of four years, beginning July 1 following the Annual Meeting at which they have been elected and ending June 30 four years later. Members so selected shall serve until their successors shall have been duly elected and qualified. A member selected to fill a vacancy shall serve for the unexpired portion of such term. Any member elected as an officer shall serve on the Board for so long as he or she remains in the position of officer, but no more than two years beyond the regular four-year term. [As amended by EC September 2008]

Section 3. Nomination and Election - Not less than thirty days [as amended June 1981] before the Annual Meeting, the Chairman shall appoint a nominating committee of at least five Active members, not more than two of whom may be members of the Board of Governors. The nominating committee may meet before, but if they have not previously met, shall meet at the place of the Annual Meeting at a time designated by the Chairman of the Section and shall make and report to this Section nominations for any vacancies on the Board of Governors resulting from resignations or otherwise, and for those members of the Board of Governors whose terms expire on the 30th day of June following the Annual Meeting. Three members of the nominating committee shall constitute a quorum. If less than a quorum is present, the Chairman of this Section shall appoint additional members to the committee sufficient to constitute a quorum. Additional nominations may be made from the floor of the Annual Meeting of this Section by any Active member. All elections shall be by viva voce unless otherwise ordered by resolution duly adopted by this Section present at the Annual Meeting at which the election is held.

Section 4. Duties and Powers - The Board of Governors shall have general supervision and control of the affairs of this Section, subject to the provisions of the Rules for Integration of the Virginia State Bar and the bylaws of the latter. It shall not authorize commitments or contracts which shall entail the payment of more money during any fiscal year than the amount which shall have been previously appropriated to this Section for such fiscal year.

Section 5. Vacancies - The Board of Governors, during the interim between Annual Meetings of this Section, may fill vacancies in said Board or in an office on said Board. Members of the Board of Governors so selected shall serve until the next succeeding June 30 or until their successors have been duly elected and qualified.

Section 6. Committees - The Chairman of the Board of Governors may appoint committees from Section members to perform such duties and may also exercise such powers as the Board of Governors shall direct, subject to the limitations of these bylaws and the bylaws of the Virginia State Bar.

Section 7. Declaration of Vacancy - If any member of the Board of Governors shall fail to attend two successive meetings of the Board without a reason sufficient to a majority of the Board, or if any member of the Board of Governors should resign or be declared incapacitated by the President of the Virginia State Bar, the membership of said person on the Board of Governors and any office that may be held by such person shall be declared vacant by the President of the Virginia State Bar, and said vacancy shall be filled as provided for in Section 5 hereinabove.

ARTICLE IV
Officers

Section 1. Officers - The officers of this Section shall be a Chairman, Vice Chairman, and Secretary, who shall be elected by the Board of Governors from among their number at or as soon as practical after each Annual Meeting of this Section, to hold office for a term beginning July 1 of each year and ending on June 30 of the next succeeding year, or until their successors have been elected and qualified.

Section 2. Chairman - The Chairman shall preside at all meetings of this Section and of the Board of Governors. He shall formulate and present at each Annual Meeting of the Virginia State Bar a report of the work of this Section for the immediate past year. He shall perform such other duties and acts as usually pertain to his office.

Section 3. Vice Chairman - Upon the death, resignation, or during the absence or disability of the Chairman, or upon his refusal to act, the Vice Chairman shall perform the duties of the Chairman for the remainder of the Chairman's term except in the case of the Chairman's disability, in which event he shall perform the duties of the Chairman only so long as the disability continues. He shall further perform all duties assigned him by the Chairman of the Board of Governors.

Section 4. Secretary - The Secretary shall be the custodian of all books, papers, documents, and other property of this Section, except money. He shall give notice of all meetings of this Section and of the Board of Governors and keep a true record of the proceedings thereof. With the Chairman, he shall prepare a summary or digest of the proceedings of this Section at its Annual Meeting for publication in the Annual Report of the Virginia State Bar, after approval by the Executive Committee or the Council of the Virginia State Bar, or a committee designated by either. He shall keep an accurate record of all monies appropriated to and expended for the use of this Section, and shall perform such duties assigned him by the Chairman of the Board of Governors.

Section 5. Presiding Member - In the absence of the Chairman or the Vice Chairman at any regular or special meeting of this Section, or the Board of Governors, any member of the Board of Governors chosen by a majority of the Board members present and voting shall preside at such meeting.

ARTICLE V
Meetings

Section 1. Annual Meeting of Section - The Annual Meeting of this Section shall be held during the Annual Meeting of the Virginia State Bar in the same city or place with such program and order of business as may be arranged by the Board of Governors.
[As amended June 1983]

Section 2. Special Meetings of Section - Special meetings of this Section may be called by the Chairman upon approval of a majority of the Board of Governors, at such time and place as the Chairman may determine.

Section 3. Quorum and Voting of Section - No minimum number of the members of this Section need be present for an annual or special meeting of the Section, and such members of this Section as may be present at any meeting shall constitute a quorum for the transaction of business. All binding actions of this Section shall be by a majority vote of the members present.
[As amended June 1983]

Section 4. Regular Meetings of Board - Regular meetings of the Board of Governors of this Section shall be held on the call of the Chairman at least once in each quarter of the fiscal year of this Section, the exact time and place of the meeting to be designated by the Chairman. Meetings may be conducted in person, by teleconference or via internet as designated by the Chairman in advance.
[As amended June 2011]

Section 5. Special Meetings of Board - Special meetings of the Board of Governors shall be held as set by the Board of Governors at any meeting thereof, or at the request of the majority of the Board of Governors, or at the call of the Chairman. Meetings may be conducted in person, by teleconference or via internet as designated by the Chairman in advance.
[As amended June 2011]

Section 6. Quorum and Voting of Board - A majority of the Board of Governors shall constitute a quorum, and all binding action of the Board of Governors shall be by a majority vote of the Board members present, in person, by teleconference or via internet. All voting at meetings of this Section and the Board of Governors, except as otherwise set forth in these bylaws, shall be open, unless specifically changed by a motion passed by a majority vote of those present.
[As amended June 2011]

Section 7. Absentee Voting - Members of the Board of Governors, when present at a meeting of the Board, in person, by teleconference or via internet shall be permitted to vote, but when absent may communicate their vote, in writing, electronically or by telegram, upon any proposition to the Secretary and have it counted, with the same effect as if cast personally at such meeting.
[As amended June 2011]

Section 8. Submitted Propositions - The Chairman of this Section may, and upon the request of any member of the Board of Governors shall, submit or cause to be submitted in writing to each of the members of the Board of Governors any proposition upon which the Board may be authorized to act, and the members of the Board may vote upon such proposition or propositions so submitted by communicating their vote thereon, in writing or with their respective signatures, to the Secretary who shall record upon his minutes each proposition so submitted, when, how, at whose request same is submitted, and the vote of each member of the Board thereon, and keep on file such written and signed votes. If the votes of a majority of the members of the Board so recorded shall be in favor of such proposition or if such majority shall be against such proposition, such majority vote shall constitute the binding action of the Board.

ARTICLE VI
Miscellaneous

Section 1. Fiscal Year - The fiscal year of this Section shall be the same as that of the Virginia State Bar.

Section 2. Bills - All bills incurred by this Section, before being forwarded to the Executive Director of the Virginia State Bar for payment, shall be approved by the Chairman or the Secretary, or, if the Board of Governors shall so direct, by both of them.
[As amended June 1983]

Section 3. Compensation - No salary or compensation shall be paid to any member of this Section or to any officer or member of the Board of Governors for their services, but they may be compensated for their expenses in accordance with the procedures approved by the Virginia State Bar.

Section 4. Action of Section - Before any action of this Section becomes the action of the Virginia State Bar, it must be approved by the Council of the Virginia State Bar. Any resolution adopted or action taken by this Section may, on request of this Section, be reported by the Chairman of this Section to any meeting of the Council of the Virginia State Bar for the Bar's action thereon.

Section 5. Printing - All printing for this Section or for the Board of Governors or by committees of this Section shall be done under the supervision of the headquarters office of the Virginia State Bar.

Section 6. Gender - Whenever used herein, the masculine shall include the feminine.

ARTICLE VII
Rules of Procedure

Except as otherwise provided in these bylaws, Robert's Rules of Order shall govern the procedure at meetings of this Section and its Board of Governors.

ARTICLE VIII
Effectiveness and Amendment of Bylaws

Section 1. Bylaws Effective - These bylaws shall become effective after approval by the Council upon recommendation of the Executive Committee of the Virginia State Bar and by the initial Board of Governors of this Section.

Section 2. Amendment - These bylaws may be amended at any Annual Meeting of this Section by a vote of a majority of the Active members of this Section present and voting, provided such amendment shall first have been approved by a majority of the Board of Governors and provided, further, that no amendment so adopted shall become effective until approved by the Council upon recommendation of the Executive Committee of the Virginia State Bar.