The Non-Resident Members Section serves the more than 3,200 Alabama State Bar members who reside outside of Alabama by helping them stay current on developments in Alabama law, procedure, and ethics; providing opportunities to meet and network professionally with other members of the bar, both inside and outside the state; and improving communication between the state bar and non-resident members. The section provides a vehicle through which out-of-state ASB members can become more involved in bar activities. Annual dues are $20.
Nashville, TN 37212-3758
Baton Rouge, LA 70821-1909
Atlanta, GA 30326-1429
Columbus, GA 31904-4574
Atlanta, GA 30309-7532
Dallas, TX 75265-0282
Nashville, TN 37212-0186
New Orleans, LA 70130-5931
Article I: Name and Jurisdiction
Section 1.1 Name.
The name of this section of the Alabama State Bar is the “Non-Resident Members Section” (the “section”).
Section 1.2 Purpose.
The purpose of the section is to plan, organize, and conduct activities that facilitate non-resident lawyers’ engagement in the Alabama State Bar as well as participation in the legal community and legal profession in Alabama. The section shall promote the objectives of the Alabama State Bar related to the needs of Alabama-licensed lawyers who do not reside within the State of Alabama not assigned by the Board of Bar Commissioners of the Alabama State Bar to any other section or to committee of the Alabama State Bar.
Section 1.3 Mission.
The mission of the Non-Resident Lawyers Section is to: (a) promote the interest of non-resident lawyer members of the Alabama State Bar; (b) identify the professional needs and objectives of non-resident members and implement the administration of laws, rules, regulations and programs to further these objectives; (c) provide an appropriate forum for non-resident lawyers to raise issues pertinent to their circumstances; (d) promote participation by non-resident practitioners in the activities and goals of the Alabama State Bar; and (e) provide education and training to non-resident members on developments in and changes to Alabama law, procedure, and ethics.
Article II: Membership
Section 2.1 Membership.
Any member of the Alabama State Bar in good standing may become a member of the section by applying for membership and paying the section’s prescribed annual dues.
Section 2.2 Removal from Membership.
Any member who ceases to be a member in good standing of the Alabama State Bar simultaneously ceases to be a member of the section. All members shall be required to observe the standards of professionalism and ethical conduct expected of members of the Alabama State Bar. Any member who fails to observe the standards of conduct established by these bylaws may be removed as a member of the section by vote of 2/3 of the members of the executive council.
Article III: Officers
Section 3.1 Officers.
The officers of the section shall be a chairman, vice-chairman, a secretary, a treasurer, and the immediate past-chairman of the section, all of whom shall constitute the executive board. All officers must be active members of the section.
Section 3.2 Selection of Officers.
Candidates for the offices of vice-chairman, secretary and treasurer shall be nominated by the nominating committee. The section members shall elect these officers by means of electronic balloting conducted during the month immediately preceding the Alabama State Bar annual meeting. Ballots shall provide an opportunity for write-in candidates.
Section 3.3 Term of Office.
Each officer will hold office for a term beginning at the close of the annual meeting of the section immediately after the officer is elected and ending at the close of the following annual meeting of the section or when a successor has been elected and qualified.
Section 3.4 Duties of Officers.
In addition to duties customarily performed by other officers of sections of the Alabama State Bar and to duties set forth in other articles of these bylaws, the officers of the section shall have the following duties:
- (a) Chairman The chairman shall preside at all meetings of the section, the executive board, and the executive council. The chairman shall appoint, upon the advice and consent of the executive council and, unless otherwise specified in these bylaws, all committee chairs, and shall prepare all reports to be submitted to the Alabama State Bar. The chairman shall be an ex-officio member of each committee of the section.
- (b) Vice-chairman. The vice-chairman shall become chairman in the event of the death, resignation or failure of the chairman to serve for whatever reason; provided, however, that in case of temporary disability or absence of the chairman, the vice-chairman shall serve as acting chairman only for the duration of the chairman’s disability or absence. The vice-chairman shall be responsible for the public relations activities of the section and for such duties as the chairman may designate. The vice-chairman shall be an ex-officio member of each committee of the section.
- (c) Secretary. The secretary shall be responsible for all permanent files and records of the section, including the minutes of the meetings of the section, of the executive board and of the executive council, and of all committees of the section, and shall furnish copies of the minutes to the Alabama State Bar.
- (d) Treasurer. The treasurer shall have the responsibility of accounting for all funds of the section, shall approve all disbursements, and shall prepare annual financial statements under the supervision of the executive council.
- (e) Vacancies. The executive council shall fill all vacancies for the unexpired term thereof at the next regular or special meeting of the executive council, except that a vacancy in the office of chairman shall be filled by the vice-chairman.
- (f) Bar Staff. Officers of the section may work with and delegate tasks to the staff member assigned by the Alabama State Bar, however, the officers are ultimately responsible for fulfilling their respective duties set forth in these bylaws.
Article IV: Executive Council
Section 4.1 Governing Body.
There shall be an executive council that shall be the governing body of the section between the annual meetings of the section. The chairman of the section shall be the chairman of the executive council and the secretary of the section shall be the secretary of the executive council. The executive council shall have general supervision and control of the affairs of the section, subject to the provisions of the rules regulating the Alabama State Bar and the bylaws of this section. Pursuant to this right, the executive council shall authorize all commitments or contracts that shall entail the payment of money, and it shall authorize the expenditures of all section funds. The executive council may grant such authorization through the annual budgeting process. It shall not, however, authorize commitments, contracts or expenditures involving amounts of money in excess of the total amount that is anticipated as receipts from dues and revenues during the fiscal year, including monies allocated to the section by the Alabama State Bar, plus the amount that has been previously collected from dues and Bar allocations, and that remains unexpended. As the governing body of the section, it shall be vested with the power and authority to formulate, fix, determine and adopt matters of policy concerning the affairs and purposes of the section. The executive council shall conduct its business at regular and special meetings as provided for in these bylaws; provided, however, that the business of the executive council between regular meetings may be conducted by correspondence, telephone, electronic media, or any combination thereof to the extent authorized by the chairman. In the absence of action by the executive council at a regular or special meeting of the executive council or action by the executive council as is otherwise permitted under this Article 4 of the bylaws, the executive board shall be responsible for the daily operations of the section and all action taken by the executive board pursuant to this right shall be subject to ratification by the executive council. All members of the executive council shall be active members of the section.
Section 4.2 Recommendations of the Section.
All recommendations of the section to the Alabama State Bar, the Board of Bar Commissioners, any branch of the judiciary or to any other group or body to which recommendations by the section are authorized to be made must first be approved by the executive council.
Section 4.3 Membership of the Executive Council.
- (a) Composition. The members of the executive council shall consist of the chairman, vice-chairman, immediate past chairman, secretary, treasurer, chairs of all standing committees of the section (except those chairs of the executive board and nominating committee), a young lawyers section liaison, and 6 additional at-large members.
- (b) Election. The section members shall elect the at large members of the executive council (as authorized in Section 4.3(a)) by means of electronic balloting conducted during the month immediately preceding the Alabama State Bar annual meeting to replace those members whose terms expire at the end of the current annual meeting. Ballots shall provide an opportunity for write-in candidates. Other members of the executive council, except the chairman and immediate past chairman, shall be elected as provided in Section 3.2 of these bylaws.
- (c) Terms of Office. All at-large executive council members elected by the membership shall serve a term of 2 years, such terms being staggered, with 3 at-large members being elected in odd-numbered years, and 3 at-large members being elected in even-numbered years. The term shall commence with the conclusion of the annual meeting of the section immediately after such at-large member is elected and shall end at the conclusion of the annual meeting of the section 2 years thereafter. In order to provide for staggered terms, at the initial election of at-large executive council members 3 members will be elected for a 1 year term; thereafter, members elected to those seats will serve 2 year terms. The chairman, secretary and treasurer shall serve for the terms provided in Section 3.3 of these bylaws.
Section 4.4 Vacancies.
Any vacancies among the members at large of the executive council shall be filled for the balance of the term of such members by majority vote of the members of the executive council present at the next meeting of the executive council.
Article V: Committees
Section 5.1 Standing Committees.
The following shall be permanent standing committees within the section.
- (a) Administrative Group. The following standing committees shall be responsible for all administrative aspects of the section:
- (1) Executive Board. There shall be an executive board composed of the chairman, vice-chairman, secretary, treasurer and immediate past chairman of the section, which shall be responsible for the daily operations of the section between the regular or special meetings of the executive council and shall conduct its business from time to time by correspondence, meeting or telephone conference to the extent authorized by the chairman of the section. All actions of the executive board shall be subject to ratification of the executive council. The chairman shall be chairman of the executive board.
- (2) Nominating Committee. The nominating committee shall be responsible for submitting nominations for officers and vacant council membership offices (except as provided in Section 4.4 of these bylaws) on an annual basis. The nominating committee shall be composed of 3 members of the section, 2 of whom shall be appointed by the vice-chairman, and the other being appointed by the chairman. The committee’s composition shall be appointed not less than 4 months prior to the annual meeting of the section and members of the section shall be informed of such composition promptly.
- (3) CLE Committee. The CLE committee shall be responsible for arranging continuing legal education seminars and similar programs of interest to non-resident Alabama State Bar members.
- (4) Information and Technology Committee. The information committee shall be responsible for furnishing articles for publication in Alabama State Bar publications, for publishing and distributing a section newsletter, maintenance of a website, for composition and dissemination of discussions and articles among the news media and to the general public regarding non-resident member issues, and for notifying the public and attorneys of proposed or enacted legislation affecting non-resident members.
- (5) Budget Committee. The budget committee shall be composed of the executive board who shall prepare proposed budgets and any amendments for submission to vote of the executive council.
- (b) Special Committees. The chairman of the section may appoint any special committee deemed necessary with the concurrence of the executive council. Chairs of such special committees shall also be members of the executive council.
Section 5.2 Committee Composition.
The chair of each standing and special committee shall be appointed by the chairman of the section, upon concurrence of the executive council. All other members of the standing and special committees, except the nomination committee, shall be appointed by the chair of that committee. There shall be at least 1 member of the executive committee on each standing and special committee. In March of each year, the vice-chairman shall make known the selection of the standing committee chairs for the coming fiscal year, which appointments shall be approved and take office at the conclusion of the annual meeting.
Section 5.3 Committee Meetings.
Committee meetings shall be called, as necessary, by the chairman of the section or the committee chair. Committee meetings may be held in person, electronically, telephonically, or by unanimous written waiver and consent of the committee membership.
Section 5.4 Quorum.
A majority of the number of any committee shall constitute a quorum for the transaction of business and the majority vote of those present shall be binding.
Section 5.5 Subcommittees.
The chair of each committee may designate 1 or more subcommittees of that committee and designate chairs for such subcommittees.
Section 5.6 Committee Reports.
The chair of each committee shall submit a written report of the committee’s activities during the preceding year to the executive council at least one month prior to the annual meeting of the section.
Article VI: Meetings
Section 6.1 Annual Meeting of the Section.
The chairman shall designate the annual meetings of the section each year. The annual meeting may be held simultaneously with the section’s annual convention (if any) or the annual meeting of the Alabama State Bar. The active members of the section attending any meeting of the section shall constitute a quorum for the transaction of business and a majority vote of those present will be binding.
Section 6.2 Executive Council Meetings.
There shall be no fewer than 3 regular meetings of the executive council each year. The executive council may act or transact business herein authorized, without meeting, by written approval of the majority of the entire executive council. The chairman of the section may call meetings of the executive council by giving no less than 7 days advance written notice to the members of the executive council. At the election of the chairman, meetings may be held by telephone, correspondence, through electronic means, audiovisual, or other media. Those present at a meeting of the executive council duly called will constitute a quorum and a majority vote of those present will be binding. Any vote by a member of the executive council may be by telephone, electronic means or electronic transmission.
Section 6.3 Executive Board Meetings.
The executive board shall hold an organizational meeting for each membership year at a date, place and time selected by the chairman of the section. The officers may hold such meetings thereafter as the chairman of the section may determine. The chairman of the section shall fix the date and location of each meeting and shall give written or oral notice of such date and location to each officer at least 7 days prior to the date so selected but, also, at the discretion of the chairman, meetings may be held by telephone or correspondence.
Section 6.4 Special Meetings
The executive board may call special meetings of the entire membership of the section provided 30 days notice thereof shall be given to each member of the section. Such notice may be by mail or by notice in any publication of the section or of the Alabama State Bar.
Article VII: Section Legislative Policies
Section 7.1 General Purpose.
The section may be involved in legislative, judicial or administrative action that is significant to the judiciary, the administration of justice, the fundamental legal rights of the public, or the interests of the section or its programs or functions, so long as that involvement is consistent with the policies outlined under this policy and consistent with the policies promulgated by the Alabama State Bar.
Article VIII: Miscellaneous
Section 8.1 Action of the Alabama State Bar.
No action of the section shall be represented or construed as the action of the Alabama State Bar until it has been approved by The Alabama State Bar. No action of the section shall be contrary to bar policy as established by the Board of Bar Commissioners.
Section 8.2 Financial Obligation.
Any and all financial obligations must be first approved in the manner to be specified by the executive council before same has been approved by the Alabama State Bar.
Section 8.3 Section Dues.
Dues for section membership shall be established or changed by a majority vote of the executive council, subject to approval of and in accordance with the policies of the Alabama State Bar. Dues initially voted on and approved are for the amount of $20 annually.
Section 8.4 Compensation and Expenses.
No salary or other compensation may be paid to any member of the section for performance of services to the section, but members of the section may be reimbursed for such reasonable and necessary telephone expenses, reproduction expenses and other similar out-of-pocket expenses that such member incurs in the performance of services for the section and that are specifically authorized by the chairman and the treasurer of the section or by the executive council. Reimbursement is subject to the availability of funds from the section’s budget.
Section 8.5 Policies of the Section.
Policies adopted by the executive council following the effective date of these bylaws shall be maintained in a separate journal at the Alabama State Bar headquarters together with the other official records of the section.
Section 8.6 Amendments.
These bylaws may be amended only with the consent of the Board of Bar Commissioners of the Alabama State Bar upon recommendation made by the executive council of the section or by a majority vote of the members of the section at its annual or other duly called meeting.
Section 8.7 Conduct of Meetings.
The current edition of Robert’s Rules of Order shall govern the conduct of all meetings of the section.
Section 8.8 Effective Date.
These bylaws shall be effective immediately upon approval by the Board of Bar Commissioners of the Alabama State Bar.