Rule 342 Bylaws

Rule 342. Local Bar Association Submissions; Section and Committee Reports.

(a) Any submission to the House of Delegates by a Local Bar Association shall be in writing, shall show that it has been duly authorized by the governing body of the Local Bar Association, and shall be transmitted to the House through the Chair of the House prior to the opening of the first session of the House at the meeting at which the matter is to be considered.

(b) Any Section or Committee making a report to the House of Delegates shall, prior to the meeting of the House, on or before a date fixed by the Board of Governors, prepare and transmit to the House through the Board, its written report covering a summary of its activities, and recommendations for Association action, if any. No Section or Committee report, which has not been so transmitted through the Board, shall be submitted to the House unless waiver is obtained in accordance with this rule. No Committee report recommending Association action shall be received by the House unless it shall have been approved by the Committee at a regularly authorized meeting thereof or by its council if authority has been grated by the Committee to its council to act for the Committee, and the report shall show the basis of Committee action and whether such action has been taken by the full Committee or the council. No Section report recommending Association action shall be received by the House unless it shall have been approved by the Section or its council and the report shall show the basis of the Section action and whether such action has been taken by the full Section or the council.

(c) Each Section or Committee report shall:

(1) Be distributed to Delegates in the House by the Secretary at least 30 days before the Annual or Mid Year Meeting and at least ten days before any special meeting.

(2) Have each recommendation set forth at the head of the report as a recommendation so as to distinguish readily the recommendation from the body of the report, and the body of the report shall contain no language that may be construed as committing the Association to any policy not contained in the recommendation.

(3) Contain a statement of the reasons for the recommendations contained therein and a summary of any minority report or opinion expressed within the Section or Committee.

(4) When action on legislation or a rule of court is recommended, include a summary of the proposed statute or rule of court and a supporting brief or memorandum. While the complete text of the proposed statute or rule of court need not appear in the report, the complete text of the proposed statute or rule of court shall be furnished to any Delegate in the House and to any other Member upon his or her request.

(5) If the recommendation contemplates action that may result in expenditures by the Association, contain in the body of the report an estimate of the amount that will be required.

(d) No submission or report recommending Association action shall be considered by the House unless there shall have been compliance with the provisions of this rule or unless compliance is waived by the Board or by a two thirds vote of the voting Delegates present upon recommendation of the Committee on Rules and Calendar. Any Section or Committee desiring a waiver by the House shall give written notice thereof and the reasons therefore to the Committee on Rules and Calendar at least ten days before the meeting of the House at which it is to be considered, and such waiver shall not be recommended by the Committee on Rules and Calendar unless action by the House at its forthcoming meeting shall be desirable because of pending legislation or unless such action for some other reason shall be considered to be of sufficient importance to justify its consideration at the meeting.

(e) Whenever a Section or Committee undertakes to report or make recommendations to the House on a subject which may be within the jurisdiction of another Section or Committee, it shall notify such latter Section or Committee of such proposed report or recommendation and invite comment and suggestions thereon. Whenever a Section is so notified it shall in turn notify Section committees, which may be concerned. In the event of a difference of opinion the matter shall be referred to the Board for its recommendation to the House which shall take final action thereon. Neither failure of the Section or Committee initiating a report or recommendation to give notice to another Section or Committee as provided in this rule, nor the expression of a difference of opinion which has not been resolved by the Board, shall prevent the House from taking action upon such report or recommendation.




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