Maine Association of
Criminal Defense Lawyers
(MACDL)
P.O. Box 434
Freeport, ME 04032
Tel: 207.865.1457
Fax: 1.888.474.7198
info@mainemacdl.org |
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Bylaws
MAINE ASSOCIATION OF
CRIMINAL DEFENSE LAWYERS, INC.
BYLAWS
ARTICLE I
Name, Offices
Section 1. NAME
The name of this organization is the
Maine Association of Criminal Defense Lawyers, ("MACDL").
Section 2. OFFICES
MACDL’s offices shall be at such place as
the Board of Directors may from time to time appoint.
ARTICLE II
Objectives and Purposes
MACDL is formed exclusively for charitable,
scientific and educational purposes, including, without
limitation, the following purposes:
Provide support for criminal defense
lawyers to aid and assist them in any ways involved in
their practice, including but not limited to strike
force, amicus, continuing legal education, and other
such services;
Protect the individual rights of all
persons in the state, as guaranteed by the Maine and
United States Constitutions, including most
particularly, the right of effective assistance of
counsel;
Promote the exchange of experience, of
legal precedent and of research between criminal defense
lawyers in the state, by providing a network for
communication;
Enlighten the public as to the point of
view of criminal defense lawyers;
Maintain the integrity and independence of
criminal defense lawyers;
Coordinate all efforts with national and
local bar associations that are concerned with criminal
justice;
To foster periodic meetings of criminal
defense lawyers to provide a forum for the material
exchange of information regarding the administration of
criminal justice and concerning the protection of
individual rights and the improvement of criminal law,
its practices and procedures.
ARTICLE III
Membership
Section 1. ATTORNEY MEMBERSHIP
Attorney membership in the MACDL shall be
available to those attorneys of professional competence,
integrity and good moral character who are actively
engaged in the defense of criminal cases, and who
subscribe to the principles of the MACDL.
Application for membership shall be made on
a form prescribed by the Board of Directors. All
applications shall be subject to approval by the
President or the Board of Directors.
Section 2. CHARTER MEMBERSHIP
The title Charter Member shall be conferred
upon an Attorney who has joined prior to 01-01-93 and
has paid to the Association the sum of One Hundred Fifty
Dollars ($150.00). That person is a Charter Member.
Section 3. OTHER MEMBERSHIP
The Board of Directors may designate
additional classes of membership from time to time and
set the terms and conditions for candidates for such
other classes.
Section 4. HONORARY MEMBERS
Any person who shall have made an
outstanding contribution to the public welfare and aided
in the achievement of the goals of this Association, may
be proposed for Honorary Membership by five (5) Attorney
Members of the MACDL.
The proposal for Honorary Membership shall
be in writing, subscribed by five (5) members and
submitted to the President of MACDL.
An affirmative vote of a majority of the
Board of Directors shall be required to elect any
Honorary Member.
In any given year, no more than two (2)
Honorary Members may be elected.
In addition to subsection (d) a Regular
Member or Charter Member of MACDL who is elected or
appointed to the Judiciary may thereafter become an
Honorary Member for a period of three (3) years.
Honorary Memberships other than in
subsection (e) shall extend for an indefinite period of
time.
Section 5. VOTING
Each Attorney Member in good standing shall
be entitled to one (1) vote; Honorary, and other
category Members shall not be entitled to vote. To be in
good standing a member must have paid dues for the most
current year.
Section 6. REVOCATION OF MEMBERSHIP
Membership in any of the classes and
categories may be revoked for cause by vote calling for
such revocation by three-quarter (¾) vote of the members
of the Board of Directors.
ARTICLE IV
Officers
(President, President-Elect, Vice President,
Secretary, Treasurer)
Section 1. DESIGNATION
The elected officers of the MACDL shall
consist of a President, President-Elect, a Vice
President, and a Secretary. In addition, at the next
meeting following election of officers and Board, the
Board of Directors shall select a Treasurer and the
President shall select chairs of the committees.
Section 2. QUALIFICATIONS
Only Attorney Members shall be eligible to
become elected officers of the Association.
Section 3. ELECTION AND TERM OF OFFICE
Elected officers. The elected officers of
the MACDL shall be elected at the annual meeting of the
Association, and shall hold office until the next annual
meeting and until their successors are elected and
qualified.
Section 4. REMOVAL
Any officer may be removed for cause by a
vote calling for such removal by a majority vote of the
Board of Directors at the next lawfully called meeting.
Section 5. DUTIES OF ELECTED OFFICERS
President
The President shall be the Chief Executive
Officer of the MACDL and shall have the responsibility
to oversee and coordinate the activities of the MACDL
and to preside at its meetings. The President shall be
the spokesperson for the MACDL and whenever practicable
shall publicly appear for the MACDL and speak its
policies.
President-Elect
The President-Elect of the MACDL shall
automatically become the President of the MACDL at the
end of the term of the President, except in the case of
the death, resignation or removal from office of the
President, the powers and duties of the President shall
devolve upon the President-Elect who shall conclude the
term of office of the President in accordance with the
provisions of these Bylaws.
In the case of the absence of the
President, the President-Elect shall act as the Chief
Executive officer of the MACDL.
Vice President
The Vice President and President-Elect of
the MACDL shall assist the President in the performance
of the President’s duties and shall also perform such
other duties as may be prescribed for them by the Board
of Directors and President.
Secretary
The Secretary shall attend and keep minutes
of all meetings of the MACDL and shall have such other
powers and perform such other duties as are incident to
the office of the Secretary or as may be assigned from
time to time by the Board of Directors or by the
President.
Treasurer
The Treasurer shall serve at the pleasure
of the Board of Directors and at the expense of the
MACDL. The duties of the Treasurer are to maintain the
funds and pay the obligation of the MACDL as directed by
the Board of Directors.
Section 5. EXECUTIVE COMMITTEE
The Executive Committee of the MACDL shall
act on the MACDL business and transactions during the
interim periods between Board of Directors meetings. The
Executive Committee shall consist of the President,
President-Elect, Vice President, Secretary and Treasurer
and one (1) person appointed by the President.
ARTICLE V
Board of Directors
Section 1. QUALIFICATIONS
Attorney Members shall be eligible to
become elected members of the Board of Directors.
Section 2. MEMBERS OF THE BOARD
The Board shall consist of not less than
three (3), nor more than fifteen (15) elected Attorney
Members of the MACDL, as well as the officers thereof,
and a designee of the NACDL, and the past presidents of
MACDL, all of whom shall have full voting power. The
fifteen elected attorney members shall be designated as
follows: one each from each Maine prosecutorial
district, the remainder at large.
Section 3. POWERS
The Board of Directors shall manage the
business and affairs of the MACDL. Any act of a majority
of those present at a meeting shall be the act of the
Board of Directors.
Section 4. ELECTION AND TERM OF OFFICE
At the first annual meeting of the MACDL,
the term of office of one third of the members of the
Board of Directors shall be fixed at three years, the
term of office of one third of the members shall be
fixed at two years and the term of office of one third
of the members shall be fixed at one year. At the
expiration of the initial term of office of each member
of the initial Board of Directors, a successor shall be
elected to serve for a term of three years. The members
of the Board of Directors shall hold office until their
respective successors shall have been elected by the
MACDL.
Section 5. REGULAR MEETINGS
The Board of Directors shall meet at least
once a year in conjunction with the annual meeting, and
at such other times designated by the President or by a
majority of the Board of Directors.
Section 6. NOTICE
The President shall notify the Directors of
each meeting by notice given at least seven (7) days in
advance of the date of the meeting, along with a
proposed agenda.
Section 7. QUORUM
At each meeting of the Board of Directors,
a majority of the Board and Officers shall constitute a
quorum. The past presidents and NACDL designee shall not
be counted for quorum purposes. A majority of those
voting shall be required for action.
Section 8. ORGANIZATION
The President of the MACDL shall serve as
chair at the meeting of the Board of Directors. In the
absence of the President, the President-Elect shall
serve as chair.
The Secretary of the MACDL shall act as
Secretary of the Board of Directors.
Section 9. ABSENCE
A Director shall not accept office unless
that Director intends to attend all meetings. A Director
will be deemed to have resigned if he fails to attend
three (3) consecutive Board meetings each year, unless
there was prior submission of an excuse and it has been
approved by the President. Any unexpired term of a
Director who has resigned shall be declared vacant and
shall be filled by a vote of the Board of Directors at
the next lawfully called meeting. A request for
reinstatement may be made either by the Director deemed
to have resigned or by another Director.
Section 10. LIMITATION OF SERVICE
In no event shall a Director hold that
office for longer than two (2) consecutive complete
three (3) year terms.
Section 11. REMOVAL
A Director may be removed for cause by a
vote calling for such removal by a three-fourths (¾)
vote of the members of the Board of Directors.
ARTICLE VI
Nomination and Election
Section 1. NOMINATION
Prior to the election of Officers and
Directors, the President shall appoint a Nominating
Committee, subject to the approval of the Board. The
Nominating Committee shall nominate members in good
standing for election as Officers and Directors.
Any fifteen voting members of the MACDL
may, by writing signed by them and delivered to the
Secretary of the MACDL, propose any members in good
standing for election as Officers and Directors.
The Secretary shall cause ballots listing
all members in good standing nominated for election as
Officers and Directors to be distributed to all voting
members of the MACDL in good standing.
Section 2. ELECTIONS
The annual elections of the MACDL shall be
held when designated by the Board of Directors. Officers
and Directors shall be elected by a majority vote by
secret ballot of members in good standing and voting.
Balloting may be done by mail, as prescribed by the
Board.
ARTICLE VII
Meetings of the Membership and
Directors
Section 1. TIME AND PLACE
The annual meeting of the MACDL (and
Directors) shall be held when designated by the Board of
Directors, and additional meetings may be held, when in
the opinion of the President or the Board of Directors,
same would forward the objectives of the MACDL. The
meeting shall be held at such time and place as may be
fixed by the President with concurrence of the Board of
Directors.
Section 2. QUORUM
Those Attorney Members present at any
annual meeting of the MACDL shall constitute a quorum
for the transaction of business at said meeting and a
majority of those voting is required for action. Voting
may be in person or by mail.
Section 3. PROGRAM
The program for the annual meeting shall be
devoted primarily to the furtherance of the aims,
purposes and objectives of the MACDL.
ARTICLE VIII
Fiscal Year
The fiscal year of the MACDL shall begin on
the first day of January and end on the last day of
December in each year.
ARTICLE IX
Finances
Section 1. ANNUAL DUES
The amount of annual dues of all classes of
membership shall be set by the Board of Directors.
Section 2. PAYMENT OF DUES
New Members. Dues are payable upon the
tendering of an application for membership and its
acceptance.
Members in Good Standing. Dues are payable
in advance or on about the anniversary month of initial
membership of the particular member, or at such other
time prescribed by the Board of Directors.
ARTICLE X
Vacancies
In the event that an Officer,
Officer-Elect, Director or Director-Elect is incapable
of serving and will remain so for a substantial period
of their term, such person shall be deemed to have
vacated their office. The determination of said vacancy
shall be made by a majority of the voting members of the
Board of Directors actually present at a scheduled
meeting. Upon such determination, the vacancy so created
shall be filled in accordance with these Bylaws.
ARTICLE XI
Standing Committees
Standing Committees shall be chaired by a
member in good standing who shall be appointed to such
position by the President upon the commencement of the
President’s term. Persons so appointed shall serve
during the term of the President who appointed them. The
Standing Committees may include, among others:
Amicus
Attorney Hotline
Brief Bank
Continuing Legal Education
Expert Witness Data Bank
Federal Practice
Indigent Defense
Legislative
Membership
Newsletter
ARTICLE XII
Statement of Non-Discrimination
The MACDL shall not discriminate against
any person or organization on the basis of race, color,
sex, age, religion, handicap or national origin.
ARTICLE XIV
Amendments to Bylaws
These Bylaws may be amended by a vote of
those present and voting at a Regular meeting of the
MACDL.
Additionally, these Bylaws
may be amended by a vote of two-thirds (b) of the
Directors present and voting at a meeting of the Board
of Directors.
The foregoing are the Bylaws
of the Maine Association of Criminal Defense Lawyers.
Adopted: November 23, 1992 |
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