Article I. Name and Purposes
Section 1. Name. The Division shall be known as the Senior Lawyers Division of the South Carolina Bar.
Section 2. Purposes. The purposes of this Division shall be the purposes of the South Carolina Bar as stated in its Constitution, namely to uphold the honor of the profession of law, to apply the knowledge and experience of the profession to the promotion of the public good, to encourage cordial intercourse among the members of the South Carolina Bar, to correlate and promote the activities of local senior lawyer organizations in the state, and to maintain relationships with the American Bar Association and such other national groups as are approved by the
To pursue those purposes, the programs and activities of the Division shall serve the particular interests of senior lawyers and promote the welfare of seniors generally. In serving the interests of senior lawyers the Division will plan and present programs and activities, produce publications of interest to senior lawyers, and coordinate activities for senior lawyers by, for, and with state and national bar associations. To promote the welfare of seniors generally, the Division will study issues of concern to seniors, prepare and present programs and publications designed to explore and develop such issues, advocate appropriately on behalf of such issues, and coordinate and cooperate with other entities interested in such matters.
Article II. Membership
Membership within the Division shall consist of all members of the Bar who are at least sixty (60) years of age. Membership in the Division shall terminate automatically upon such person ceasing to be a member in good standing of the South Carolina Bar.
Article III. Officers
Section 1. The officers of the Division shall be a President, a President-Elect, and a Secretary. The officers shall be nominated and elected, in manner hereinafter provided to hold office for one year beginning July 1 and ending June 30 and until their successors shall have been elected and qualified.
Section 2. At the end of his or her term the President-Elect shall automatically assume the office of President, and thereupon the immediately retiring President shall become and remain a member of the Council for the ensuing year.
Article IV. Duties of Officers
Section 1. President. The President shall be the Chief Executive Officer of the Division during his or her term of office and, in carrying out of his or her administrative duties, shall make all such appointments for the general committees and be possessed of such authority as is customarily associated with such office.
Section 2. President-Elect. Upon the death, resignation, or during the disability of the President, or upon his or her refusal to act, the President-Elect shall perform the duties of the President for the remainder of the President’s term, except in case of the President’s disability and only during so much of the term as the disability continues.
Section 3. Secretary. The Secretary shall consult with and assist all the officers of the Division in the work of the Division in the manner and to the extent requested. The Secretary shall keep a true record of the proceedings of all meetings of the Division and the Executive Council. The Secretary, in conjunction with the President, as authorized by the Executive Council, shall attend generally to the business of the Division, and he or she shall review the record of all monies appropriated to and expended for the use of the Division. If the Secretary is absent from a meeting, the President shall appoint a member of the Executive Council to perform the duties of the Secretary at that meeting.
Article V. Executive Council
Section 1. Functions. The Executive Council shall have the general supervision and control of the affairs of the Division, subject to provisions of the Constitution and Bylaws of the South Carolina Bar and of the Division.
Section 2. Composition. The Executive Council shall be composed of the President, President-Elect, Secretary, Immediate Past President, two representatives from each of the four judicial regions in the state, one at-large representative, an out-of-state representative, a representative from the University of South Carolina School of Law and a representative from the Charleston School of Law, and the American Bar Association Senior Lawyers Division Representative when he or she is a member of the South Carolina Bar.
Section 3. Regional Representative; Residence, Term. Each Regional Representative shall serve for a term beginning the first of July in the year in which he or she is elected and ending June 30 two years thereafter. In each odd-numbered year, Regional Representatives shall be elected from each of the odd-numbered regions; in each even-numbered year Regional Representatives shall be elected from each of the even-numbered regions. A Regional Representative shall be limited to two full consecutive terms, except any Regional Representative in office on the date the amended Bylaws are adopted is eligible for one additional term. Any Representative who fails to attend two scheduled Executive Council meetings during any one term of office without obtaining prior approval of the President shall be replaced on the Council as provided in Article VII, Section 6.
Section 4. At-Large Representative. The At-Large Representative shall serve a two-year term. Before assuming the office of President, the President-Elect shall appoint an At-Large Representative whose term will begin on July 1.
Section 5. Out-of-State Representative; Residence, Term. There shall be a representative to the Division Executive Council who is a member in good standing of the Division and who maintains his or her principal office and/or residency outside of South Carolina. The Out-of-State Representative shall be elected in even-numbered years to serve a term of two years.
In addition to those duties assigned to them by the President, or his or her designated representative, the Out-of-State Representative shall participate at all regularly scheduled meetings/conference calls of the Executive Council, unless excused by the President.
Section 6. Law School Representatives; Residence, Term. There shall be a representative from the University of South Carolina School of Law and a representative from the Charleston School of Law, who are members in good standing of the Division and who maintain their principal office at either law school, on the Division Executive Council. The Law School Representatives shall be elected in odd-numbered years to serve a term of two years.
In addition to those duties assigned to them by the President, or his or her designated representative, the Law School Representatives shall participate at all regularly scheduled meetings/conference calls of the Executive Council, unless excused by the President.
Article VI. Representation on the Board of Governors and House of Delegates
Section 1. Representation on the Board of Governors. The Division is entitled to one representative to serve on the Board of Governors as authorized by the Bar Constitution. The representative shall serve a term of two years and shall be elected by a vote of two-thirds or more of the Division’s Executive Council. This representative shall make reports to the Executive Council as requested by the President.
Section 2. Representation on the House of Delegates. The President and Immediate Past President of the Division shall serve on the House of Delegates of the Bar as authorized by the Constitution of the Bar.
Article VII. Election of Officers, Regional Representatives, Out-of-State Representatives and Law School Representatives.
Section 1. Notice of Election. Subsequent to the Annual Meeting of the Bar, the Secretary shall cause a notice to be published in the publication of the Division or in a general publication of the Bar, or otherwise mailed or communicated to the membership through U.S. mail, e-mail, posting to the Bar website generally accessible to the membership, or any other method permissible under the South Carolina Bar rules and policies stating that the positions of President-Elect, Secretary, appropriate Regional Representatives, the Out-of-State Representative, and Law School Representatives shall become vacant on June 30 of the following year.
Section 2. Eligibility. A nominee for Officer must be a member of the Division beginning July 1 next following his or her election. A nominee for Regional Representative must maintain his principal office in the judicial region to be represented. A nominee for the Out-of-State Representative must maintain his or her principal office and/or residency outside of South Carolina for his or her entire term. The Law School Representatives must maintain their principal office at either law school for their entire term.
Section 3. Nominating Committee. The Nominating Committee shall be comprised of the President, Immediate Past President, who shall be the Chair, and those Regional Representatives whose Executive Council terms shall expire on June 30 of the following year and who are not eligible for another term or who have advised the President that they will not seek another term. On or before November 15 of each year, but in any event subsequent to the publication of the notices required by these Bylaws, the Nominating Committee shall meet at a time and place designated by the Chair and shall promptly make nominations by a majority vote for the offices of President-Elect, Secretary, and the appropriate Regional Representatives, Out-of-State Representative, and Law School Representatives.
Section 4. Nominating Election Procedure. During the month of December or January, the Executive Council shall cause the name of each nominee selected by the Nominating Committee to be published in the publication of the Division or a general publication of the Bar, or otherwise mailed or communicated to the membership through U.S. mail, e-mail, posting to the Bar website generally accessible to the membership, or any other method permissible under the South Carolina Bar rules and policies. On or before the following February 1, any ten or more members of the Division in good standing may file with the Executive Council a signed petition nominating a candidate or candidates for any or all offices to be filled. On February 2, the nominations shall be closed.
Section 5. Elections.
A. If there is only one nominee for Officers, Regional Representatives, Out-of-State Representative or Law School Representatives such nominee shall be considered elected automatically at the time the nominations are closed.
B. If more than one person is nominated for any such office or position, ballots containing the names of all nominees for each contested position shall be distributed either by mail or electronically to all members who are eligible to vote. All members of the Division are eligible to vote for the offices of President-Elect and Secretary. Only those members of the Division residing in each Judicial Region are eligible to vote for the persons nominated for the position of Regional Representative from that region. Only those members residing outside of South Carolina are eligible to vote for the Out-of-State Representative. The nominees who receive the greatest number of votes for each office or position shall be declared elected.
C. The Executive Council shall supervise all such elections and shall determine, announce and publish the results of each election.
Section 6. Vacancies. If any office or position other than that of the President shall become vacant during the period between meetings of the Assembly, the office or position shall be filled by the Executive Council for the portion of the term remaining. If the office of President shall become vacant, the President-Elect shall thereupon become President and shall continue to hold the office of President for a term ending at the same time his or her term as President would have ended had he or she succeeded automatically upon the normal expiration of the preceding President’s term.
Article VIII. Committees
Section 1. Committees. The President shall designate the committees, including their duties and their size, deemed necessary to carry out the purposes of the Division. The Executive Council may each designate additional committees to carry out specified duties.
Section 2. Appointments; Terms. All committee chairs and committee members shall be appointed by the President for terms coincident with the term of the President.
Article IX. Meetings
Section 1. Meetings of the Executive Council. The Executive Council shall meet as called by the President with at least fourteen days’ notice, unless notice is waived by all members of the Executive Council. In addition to its regular meetings, the Executive Council may also transact business and vote by telephone, e-mail, etc.
Section 2. Quorum. A majority of the Executive Council shall constitute a quorum for the transaction of all business at any meeting of the Executive Council. Any action may be taken by the Executive Council by majority vote of those present and voting after a quorum has been determined.
Section 3. Rules of Proceeding. The latest edition of Robert’s Rules of Order shall govern all meetings of the Assembly and Executive Council.
Article X. Financial Matters
No officer, Regional Representative or member of the Division shall have authority to incur any liability in the name of the Bar or the Division.
Article XI. Reports to the Bar
Any action of the Division shall be approved by the Bar before it becomes effective as the action of the Bar. Any resolutions adopted or action taken by the Executive Council may be reported by the President to the Bar for action thereon according to the Constitution and Bylaws of the Bar.
Article XII. Amendments
The Division Bylaws may be amended at any meeting of the Executive Council by a vote of two-thirds of the members present and voting, provided any amendments so adopted shall become effective only as provided in the Constitution and Bylaws of the Bar.
Article XIII. Gender
President, President-Elect and Others. Except where clearly inappropriate, the word “President” as used in these Bylaws shall be deemed to include the masculine and feminine genders, and compatible reading shall be given to the words “President-Elect,” “Secretary,” and “Regional Representative” and all similar terms.