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with the approval of the Board of Trustees, and except that the Officers of the Young Lawyers Division, with the exception of Division Trustees, shall hold office for a term of one year and shall not succeed themselves. 4. The Board of Trustees may establish Sections upon petition of any group or Special Committee having a field of interest or concentration in an area of substantive or procedural law or an area of concern to the Association not already represented by an existing Section, provided that: (a.) The petition is submitted by a minimum of twenty-five (25) existing general members of the Committee or group, or such other number determined by the Board of Trustees based upon a survey of existing Sections; (b.) The Committee or group has been in continuous existence for a period of at least three (3) calendar years; and (c.) The Committee or group has had ongoing activities and has provided a substantial service to a segment of the Association. ARTICLE VIII Committees 1. The classes of Committees of the Association shall be: (a) Standing Committees. (b) Special Committees as created by the Board of Trustees. 2. (a) The Standing Committees shall be as follows: Amicus, Bylaws and Resolutions, Election, Finance and Opera tions, Insurance Benefits, Judicial Administra tion, Judicial and Prosecutorial Appointments, Law Office Management, Legislative, Long-Term Planning, Meeting Arrangements and Program, Membership and Public Relations, New Jersey Lawyer Magazine Editorial Board, Nominating, Pro Bono, and Professional Responsibility and Unlawful Practice. (b) The Board of Trustees may add additional Standing Committees upon determination that such action will enhance the functioning of the Association. (c) The Standing Committees created by the Bylaws may not be terminated except by amendment to the Bylaws. Any additional Standing Committees created by the Board of Trustees may be terminated by resolution of the Board of Trustees. 3. The Board of Trustees may establish such Special Committees as will enhance the functioning of the Association. Every Special Committee created by the Board of Trustees shall terminate at the end of the next Annual Meeting following its creation unless such Special Committee is continued by the Board of Trustees. There shall be a presumption against continuation of any Special Committee for which no meeting has been held during the previous year of the Association. 4. Except as provided by Article VI, Section 3, and Article VIII, Sections 5(b), (c), (d), and (e) of these Bylaws: (a) the President shall appoint members to serve on Committees of the Association for terms provided by these Bylaws and, in doing so, shall consider the goal of broad diverse representation of all segments of the Bar; (b) the Chairperson of every Committee shall be designated annually by the President; (c) no Chairperson of any Committee shall serve more than two consecutive years in such position except for special reasons with the approval of the Board of Trustees; (d) in the event of resignation, actual physical or mental incapacity to serve, death or other termination of membership of any member of any Committee, the President shall appoint a successor to complete the unexpired term. 5. (a) Committee members shall be selected from among the members of the Association which may be canvassed from time to time for the purpose of appointing Committee members. (b) The Judicial and Prosecutorial Appointments Committee shall consist of not more than twenty-six (26) persons, all of whom shall be general members and shall include the President and the President-Elect of the Association, during their terms in office. The President shall annually appoint a chairperson and two vice-chairpersons, one each from Northern and Southern New Jersey. The President shall appoint the remaining members, one from each county of the state, to serve for a maximum of two (2) consecutive terms of three (3) years each, although individuals may be reappointed after an interval of at least three years off the Committee. Additionally, persons who have served two consecutive terms may then serve immediately thereafter for one one-year appointments in the position of chairperson or vicechairperson. A member appointed to serve an unexpired term shall be considered to have served one term if the time remaining in such unexpired term at time of appointment shall exceed one year, regardless of whether the unexpired term precedes or follows a three-year term. (c) The Long-Term Planning Committee shall consist of the Second Vice President, who shall serve as its Chairperson, the Secretary, who shall serve as its Vice Chairperson, the Treasurer, the Executive Director of the Association, and fifteen (15) general members to be appointed by the President in consultation with the Second Vice President for staggered three-year terms, five (5) of whom shall be former or present Section or Division chairpersons, five (5) of whom shall be former or present Committee chairpersons, and five (5) of whom shall be former or present members of the Board of Trustees. Except for the Chairperson and Vice Chairperson positions, each member of the Committee shall serve for a maximum of two (2) consecutive terms of three (3) years each. A member appointed to serve an unexpired term shall be considered to have served one (1) term if the time remaining in such term at the time of appointment shall exceed one (1) year. The Long-Term Planning Committee shall be charged with reviewing the Association’s goals and activities, including the missions of the Sections, Committees and Divisions, and developing and revising three-year long-term plans for approval by the Board of Trustees. (d) The Finance and Operations Committee shall consist of the President-Elect, the First Vice President, the Second Vice President, the Treasurer, the Secretary, two (2) Trustees who have completed a term, two (2) Trustees who have not yet completed a term, and the two (2) Past Presidents who most recently served as President. The Treasurer shall serve as chair. (e) The Committee on Judicial Administration shall consist of eighteen (18) members, none of whom may serve more than two (2) consecutive three-year terms. A member appointed to serve an unexpired term shall be considered to have served one term if the time remaining in such term at time of appointment shall exceed one year, regardless of whether the unexpired term precedes or follows a three-year term. (f) All other Standing Committees shall consist of nine members, each of whom shall serve until the adjournment of the third Annual Meeting following the appointment and until a successor is appointed. (g) In the event that the Board of Trustees creates a new Standing Committee, in the original appointments to such Committee, the President shall designate three members to serve until adjournment of the first Annual Meeting following their appointment; three members to serve until the adjournment of the second Annual Meeting following their appointment; and three members to serve until adjournment of the third Annual Meeting following their appointment, but thereafter successors shall be appointed for three-year terms. (h) Each Special Committee shall consist of a chairperson and such members as are appointed by the President. Each member and Chairperson shall serve until the adjournment of the next Annual Meeting following their appointment. In the event that the Board of Trustees continues the Special Committee, it shall be necessary for the President to appoint a Chairperson and members. There shall be a presumption against reappointment to a Special Committee of any member who had previously been appointed to such Special Committee and who had not attended any meetings of such Special Committee during the previous year. (i) The President shall have the authority to appoint additional members to serve on any Standing Committee only during the President’s term of office, unless otherwise (j) limited by these Bylaws. Except as provided in Article VIII, section 5(b), the President of the Association shall be an ex officio member of every Committee of the Association. The President may designate another individual to serve in the President’s place on any Committee. If the President’s designee is a member of the Association staff, the President shall consult with the Executive Director before making the designation. Except as provided in Article VIII, section 5(b), neither the President nor the President’s designee shall be entitled to a vote on any Committee. 6. Meetings of each Committee shall be held upon call of its chairperson. Each Committee shall, subject to the determination of the Board of Trustees, determine its own meeting procedures. Each Committee shall meet at least twice annually. ARTICLE IX Representation of the Association 1. The President, or a person designated by the President, shall express the policy of the Association as determined by the Association or by the Board of Trustees and shall make no statements nor take any public positions or actions in conflict with those of the Association. No Division, Section, Committee (“Entity”), other member, or employee may represent the Association or any other Entity thereof before any legislative body, court, governmental agency, or other tribunal, or communicate with any news media or the general public on behalf of the Association, or any other Entity thereof, unless authorized to do so by the Board of Trustees. No Entity, or member thereof, shall communicate any view or position on behalf of said Entity before any legislative body, court, governmental agency or other tribunal, or to any news media or the general public, except in accordance with section 3 of this Article. Whenever representation requires the filing of any report or brief, no such report or brief shall be filed until a copy thereof has been submitted to and approved by the Board of Trustees, or such of its members as the Board of Trustees may designate to act for it. 2. No report, recommendation or other action of any Entity other than the Judicial and 40 DIRECTORY 2010–2011 | NEW JERSEY STATE BAR ASSOCIATION WWW. NJSBA.COM
Prosecutorial Appointments Committee shall be considered as the action of the Association until it shall have been approved by the Board of Trustees. No Entity or any member thereof shall release any report of such Entity to the public without the approval of the Board of Trustees. The Board of Trustees may authorize an Entity to communicate the view of the Entity upon a finding either that the Association has taken no position on the issue or that the communication does not conflict with the best interests of the Association. 3. An Entity may communicate its view or position before a legislative body, governmental agency, court, or other tribunal, or to the news media in the following circumstances: (a) The particular communication is approved by the Board of Trustees; or (b) The matter giving rise to the need for the communication is sufficiently urgent that it cannot await a meeting of the Board of Trustees, and the particular communication is approved by at least a majority of the Executive Committee, provided that for the determination thereof, the Executive Committee may meet by conference call or be assembled in a meeting, and further provided that the matter shall be reported to the Board of Trustees at its next meeting. The Entity shall in such communication specifically disclaim any representation of the Association in the matter. 4. A member who, when making a public utterance, permits himself or herself to be identified as having an official connection with the Association or one of its Entities, shall, if the Association has determined a policy on the subject matter of the utterance, fairly state that policy and, if expressing a view at variance with it, clearly identify the variance as the member’s personal views only. If there has not been, or the member has no knowledge of, any such policy determination, the member shall nevertheless identify the utterance as personal views. ARTICLE X Meetings, Order of Business, Association Seal, Fiscal Year 1. Meetings: (a) The members of the Association shall hold two regular meetings in each year, one of which, the Annual Meeting, shall be in May or June at such time and place as shall be fixed by the Board of Trustees and the other at such time and place as may be fixed by the Board of Trustees. (b) Special meetings of the Association may be called by the President at any time, the same to be held at such time and place as may be designated in the call. The President shall call special meetings when directed by the Board of Trustees or when requested in writing by one hundred (100) general members of the Association. The Secretary shall give fifteen (15) days’ notice of the time and place of all meetings and the purposes of all special meetings to all members by regular mail. (c) Fifty (50) general members shall constitute a quorum at any regular or special meeting. (d) Only general members of the Association registered at the meeting shall be entitled to vote on business brought before the meeting. 2. The Order of Business at the meetings of the Association shall be as follows except when changed by the Board of Trustees: (a) Final call for reading of resolutions (b) Report of Treasurer (c) Reports of Divisions, Sections and Committees (d) Miscellaneous Business 3. There shall be no vote by proxy at any meeting of the Association, the Board of Trustees, a Section, Committee or Division. 4. Any section, committee or division may act without an in-person meeting if the members of the section, committee or division may participate in a meeting by means of a telephone conference call or any other means of communication by which all members are able to hear or otherwise communicate effectively with each other. Votes may occur either at physical meetings, via conference call or through electronic vote or such other state of the art means as consistent with this bylaw. 5. Resolutions: (a) Any resolution filed with the Secretary and signed by any thirty (30) general members of the Association at least ten (10) days prior to any meeting of the Association shall be referred for consideration to the Resolutions Committee. Only resolutions which have been properly filed in accordance with these Bylaws shall be considered by the Resolutions Committee. At the first business session of the meeting, the Chairperson of the Resolutions Committee shall bring to the attention of the Association the nature of the resolutions theretofore filed with the Secretary. (b) Every resolution offered for the consideration of the Association shall be in writing and shall be concise in form. (c) After the first business session, the Resolutions Committee shall hold a public hearing upon the resolutions received by it in accordance with these Bylaws. At such hearing any proponent and opponent shall be given a reasonable opportunity to be heard. The Resolutions Committee shall thereafter consider such resolutions and prepare a report for submission to the Association recommending acceptance of the resolution as submitted, rejection of same, or taking no position thereon. (d) At the final open session of the meeting, the Resolutions Committee shall read each pending resolution. If the resolution is moved and seconded, the Resolutions Committee shall immediately deliver its report on said resolution. 6. The seal of the Association shall be “The New Jersey State Bar Association, 1899.” 7. The fiscal year of the Association shall begin July 1. 8. A budget hearing shall be held at the Annual Meeting. 9. Any question involving the interpretation of these Bylaws shall be decided by the Trustees after recommendation of the Bylaws Committee, and if such question arises in the course of any meeting, by the President of the Association. Decisions by the President shall be effective only for the purpose of the meeting. 10. The President may appoint a member of this Association as Parliamentarian to serve at any meeting. 11. All meetings shall be conducted in accordance with the Roberts Rules of Order except where these Bylaws contain inconsistent provisions, in which case these Bylaws shall prevail. ARTICLE XI Amendments 1. Amendments may be proposed: (a) By a majority of the full membership of the Bylaws Committee and approved by a majority vote at a meeting of the Board of Trustees at which a quorum is present at the time of the vote; or (b) By a two-thirds (2/3) vote at a meeting of the Board of Trustees at which a quorum is present at the time of the vote; or (c) By a petition signed by two percent (2%) of the general members of the Association. 2. A proposed amendment shall be submitted to the Secretary of the Association at least sixty (60) days prior to the first business session of any regular or special meeting of the Association. The Secretary shall publish the same as soon as practicable after receipt. 3. The Election Committee shall prepare ballots and transmit them with voting instructions and copies of the proposed amendment to every general member of the Association at least thirty (30) days prior to the first business session of the meeting. 4. The ballot shall be voted and returned so as to be received at Association headquarters not later than ten (10) days prior to the first business session of the meeting. 5. The Election Committee shall supervise the receipt and counting of ballots and shall decide any controversy relating thereto. The result of the balloting shall be announced by the Election Committee at the meeting. 6. The proposed amendment shall be adopted if two-thirds of the ballots received vote favorably thereon. ARTICLE XII Indemnification of Directors, Officers and Employees Against Liabilities and Expenses 1. The Association shall indemnify all corporate agents against all expenses and liabilities in connection with any proceeding involving the corporate agent by reason of his or her being or having been such a corporate agent other than a proceeding by or in the right of the Association if: (a) such corporate agent acted in good faith in a manner he or she reasonably believed to be not opposed to the best interest of the Association; and (b) with respect to any criminal proceeding, such corporate agent had no reasonable cause to believe his or her conduct was unlawful. 2. All terms used herein shall have the meanings attributed to such terms as set forth in N.J.S.A. 15A:3-4 (a). 3. It is intended that the rights of indemnification provided hereunder shall be as broad as permitted under the laws of the State of New Jersey. Without limiting the foregoing, the Association herewith adopts the provision of N.J.S.A. 15A:3- 4 as though fully herein set forth; wherever said statute permits the Association to provide indemnification, this Bylaw shall be deemed to require such indemnification to be provided by the Association. NOVEMBER 2008 WWW. NJSBA.COM DIRECTORY 2010–2011 | NEW JERSEY STATE BAR ASSOCIATION 41
Page 1 and 2: NEW JERSEY STATE BAR ASSOCIATION DI
Page 3 and 4: PRESIDENT’S MESSAGE Richard H. St
Page 5 and 6: Table of Contents President’s Mes
Page 7 and 8: NEW JERSEY STATE BAR ASSOCIATION EX
Page 9 and 10: Somerset County MICHAEL MCLAUGHLIN
Page 11 and 12: NEW JERSEY STATE BAR ASSOCIATION PA
Page 13 and 14: Your voice. Your vision. The State
Page 15 and 16: Paula Garra Sawyer, Esq., Attorney
Page 17 and 18: Hon. Faustino A. Fernandez- Vina, J
Page 19 and 20: INTERNATIONAL LAW AND ORGANIZATIONS
Page 21 and 22: WOMEN IN THE PROFESSION CHAIR Kimbe
Page 23 and 24: Richard M. Stokes Margaret L. Tarve
Page 25 and 26: SPECIAL COMMITTEES ANIMAL LAW CHAIR
Page 27 and 28: Roy J. Konray Matthew R. Litt Howar
Page 29 and 30: Nadine Maleski Nancy B. Marchioni M
Page 31 and 32: No matter what your business goals,
Page 33 and 34: 856-691-2300 FAX: 856-691-5655 mtes
Page 35 and 36: YOUNG LAWYERS DESIGNEE Jonas K. Sei
Page 37 and 38: PRESIDENT-ELECT Suzette T. Rodrigue
Page 39 and 40: NEW JERSEY STATE BAR ASSOCIATION BY
Page 41: days prior to the first business se
Page 45 and 46: NEW JERSEY STATE BAR ASSOCIATION GE
Page 47 and 48: NEW JERSEY STATE BAR FOUNDATION OFF
Page 49 and 50: FREE Law-Related Education Programs
Page 51 and 52: W. Thomas McDonough Jr., Esq. Edwar
Page 53 and 54: NEW JERSEY STATE BAR FOUNDATION BYL
Page 55 and 56: Bylaws, no Trustee, officer, employ
Page 57 and 58: EXPERIENCE INTEGRITY EXCELLENCE FOR
Page 59: How to Get the Most From Your NJSBA

Member Directory - New Jersey State Bar Association

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