FBA Bylaws
- National Headquarters and Staff
- Membership
- Expulsion from Membership
- Dues
- Non-Payment of Dues
- Election Schedule, Procedure, and Requirements
- Meetings
- Standing Committees and Boards
- Special Committees
- Public Positions by Association Entities
- Assets of Inactive Chapters
- Bond for Treasurer
- Fiscal Year
- Amendments to the Constitution and the Bylaws
- Robert's Rules of Order
FBA Bylaws
1. National Headquarters and Staff
A. National Headquarters. The Federal Bar Association
shall maintain a National Headquarters at a location to be selected by the Board
of Directors. The National Headquarters shall be responsible for keeping books,
records, and reports of the Association and its officers, Divisions, Standing
Committees, Sections, and Chapters. Such papers shall be open to inspection
by any member upon reasonable application to the Association. Additionally,
the National Headquarters shall keep a roster of the members and associates
in good standing, together with listings of the membership of the Divisions,
Standing Committees, Sections, and Chapters of the Association. All communications
with the Association shall be addressed to the Federal Bar Association at its
National Headquarters.
B. Staff.
(1) Executive Director. The Board of Directors shall employ an executive director
whose title, terms, and conditions of employment shall be specified by the Board
of Directors.
(2) Authority and Responsibility. The executive director shall manage and direct
all staff activities of the Association as prescribed by the Board of Directors
and the National Council. The executive director shall employ and may terminate
the employment of members of the necessary support staff and may fix such employees’
compensation within the approved budget and guidelines set by the Board of Directors.
The executive director shall define the duties of the staff, establish their
titles, and supervise their performance, and delegate responsibilities of management
as appropriate.
B. Approval. The Association's Executive Director shall process applications
at the Association's headquarters for review and approval. The Executive Director
may refer any application for review and approval to the Membership and Admissions
Committee. If a member of the Membership & Admissions Committee recommends
that an application not be approved, the Committee shall consider the application,
and approval shall be determined by a majority vote. If the Committee does not
approve an application, the Association shall so notify the applicant and remit
the proffered dues. An applicant who is denied admission may request review
by the Board of Directors, whose decision on any such matter shall be final.
C. Honorary Membership.
(1) Federal Judges. Whenever a Chapter elects a judge to honorary membership
under Article IV, Section 2.c., of the Constitution, the Chapter immediately
shall notify the Association at the National Headquarters of such election.
Similarly, the Chapter shall notify the Association if such an honorary member
ends service as a judge in active, senior, or retired status.
(2) Members of Congress. Before electing a Member of Congress to honorary membership
under Article IV, Section 2.d., of the Constitution, a Chapter shall give 30
days’ advance notice of such intention to the Association at the National
Headquarters. Similarly, the Chapter shall notify the Association when such
an honorary member’s tenure as a Member of Congress ends.
B. Charge and Response. A charge for expulsion may be brought by any
active member of the Association. The charge shall be in writing and signed
by the charging party, and shall describe in detail the act or acts in question
and why such act or acts justify expulsion. The charge shall be filed with the
Association and shall be referred immediately to the Board of Directors. If
the Board of Directors concludes reasonable grounds exist for expulsion, the
Association shall give actual notice to the respondent of the charge and of
the right to respond to the charge in writing and in person before the Board
of Directors. If a member of the Board of Directors brought the charge against
the respondent or is the respondent, that person shall not participate in the
Board of Director’ consideration or in its vote.
C. Board of Directors Action. At the next regular meeting of the Board of Directors,
the Board shall consider the charge for expulsion. If the Board reaches the
conclusion that there are no reasonable grounds exist for expulsion, the Board
of Directors shall determine by a majority vote whether to dismiss the charge
or to pursue the charge by notice to the respondent as provided in this Bylaw.
If the Board of Directors pursues the charge or if the Board under this Bylaw
has given notice to the respondent, the Board of Directors shall consider the
respondent’s written response, if any. If the respondent has demanded
an appearance before the Board, the Board shall grant the respondent a reasonable
opportunity to be heard. After fully considering the charge and any response,
the Board shall determine by a majority vote whether to expel the respondent
or to dismiss the charge. The Association immediately shall notify the respondent
of the Board’s action and of the respondent’s right to appeal any
decision to expel.
D. Appeal. If the Board of Directors expels the respondent from the
Association, the respondent may appeal that decision to the Association within
60 days from notice thereof by the Association. To appeal, the respondent shall
send the Association at the National Headquarters a letter so indicating and
may send a written statement for consideration by the Association and a notice
of intent to appear before the Association. The appeal will be considered by
the Association at the next annual meeting or at a special meeting called for
that purpose. The Association shall give actual notice to the respondent of
the time and place of that meeting. The decision of the Board of Directors shall
be affirmed unless overruled by a majority of those members of the National
Council present and eligible to vote.
A. Amount of Dues. Except honorary members, each member and associate
of the Association shall pay annual dues to the Association. Twenty percent
(20%) of each member’s dues, rounded upward to the next one-half dollar,
shall be rebated to the Chapter that serves the location of the member’s
mailing address, provided: If, as of the date of adoption of this Bylaw, a different
Chapter is receiving a rebate of a member’s dues or if a member designates
a different Chapter as the member’s primary Chapter, such different Chapter
shall receive such rebate. Provided further, if a member opts to affiliate with
no Chapter, no rebate shall be paid to any Chapter. Annual dues for members
of the Association shall be established by the Board of Directors and National
Council.
| Private Practice | Public Practice | |
| Admitted 5 years or less | $ 80.00 | $ 60.00 |
| Admitted 6 to 10 years | $130.00 | $105.00 |
| Admitted 11 plus years | $155.00 | $120.00 |
| Retired Members | $75.00 | $75.00 |
| Foreign Associates | $150.00 | $150.00 |
| All Law Student Associates | $25.00 | $25.00 |
B. Dues Adjustments and Payment. Beginning October
1, 1990, dues for each category of membership, as well as for associates, shall
be adjusted by the change in the Consumer Price Index over the previous three
years as of the prior January 31st, rounded upward to the next dollar, and will
be adjusted similarly every three years thereafter. Beginning October 1, 1996,
the Board of Directors may further adjust the amount of such annual dues upward
or downward to the nearest whole dollar figure ending in a 0 or a 5, which further
adjustment shall not affect the calculation of future adjustments to reflect
a change in the Consumer Price Index, as set forth in the first sentence of
this Bylaw 4B. In turn, the portion of such dues to be rebated to Chapters shall
be adjusted similarly to maintain the percentage level indicated in this Bylaw.
Dues payments shall be collected and recorded by the National Headquarters;
Chapter rebates portion of dues will be transmitted by the Headquarters to the
respective Chapters.
C. Dues Anniversary. Members and associates shall pay a full year’s
dues upon admission and shall be billed annually thereafter within a month of
the anniversary month of admission, with the exception that those who were members
prior to September 30, l975, shall be billed at the beginning of each fiscal
year.
D. Waiver of Dues. Effective October 1, 1995, the Association, upon
approval by the President-elect of a written request from a member or associate
for a waiver of dues for compassionate or exceptional hardship reason, may excuse
that member or associate from the payment of dues for a period not to exceed
one year. The President-elect will notify the Treasurer, the requesting member
or associate, and that member’s or associate’s Chapter President
of this decision. The member or associate’s Chapter will receive no rebate
for those under a dues waiver.
E. Chapter, Division, and Section Dues. Each Chapter may collect additional
Chapter dues in its discretion, and the Chapter does not need to account for
such dues to the National Headquarters. On request of any Chapter, approved
by the Executive Director, the National Headquarters shall collect a Chapter’s
dues and remit same to the Chapter. Each Division and Section may charge additional
Division or Section dues in its discretion; all Division and Section dues shall
be collected by the National Headquarters.
F. Sustaining Dues. Members and associates of the Association may distinguish
themselves by adding the sum of $60 or more to their current annual dues as
established by this Bylaw.
G. Purpose of Dues. Annual dues shall be used to pay the general expenses
of the Association. All additional dues collected under the Sustaining Dues
program shall be used only to support publications and educational programs
of the Association.
H. Membership Development and Dues Adjustments. Effective October 1,
1995, should a Chapter determine that, as a membership development tool, the
waiver or reduction of national dues chargeable within its Chapter for a specific
category (ies) of members is justified, that Chapter must submit its proposal
to the Board of Directors for approval, for that Chapter only, in writing at
least sixty (60) days in advance of the next regularly scheduled National Council
meeting. Each proposal must include justification and provide for the Chapter
to maintain appropriate membership statistics. The Budget Committee shall analyze
each such proposal and present its analysis and conclusions at least thirty
(30) days prior to the next scheduled Board of Directors’ meeting. The
prior approval of the Board of Directors must be obtained before the experiment
is implemented as a program. Each Chapter which shall obtain approval of such
a program shall reimburse the Association for any additional administrative
cost related to implementing the program. Each dues experiment program will
be limited in duration to no more than three (3) years. Each Chapter with an
approved program will submit a written progress report to the Board of Directors
annually, so long as the program remains in effect.
A. Delinquent Member. If annual dues of a member or
an associate have not been received by the National Headquarters within 60 days
after dues have expired for the prior year, the Association shall notify the
member or associate that the dues are in arrears and that the member or associate
will be suspended from the Association unless the dues are received within 30
days. The Association also shall notify each Chapter with which the member or
associate is affiliated and the Vice President for the Circuit in which such
member or associate is located of the delinquency.
B. Persons Not in Good Standing. A person whose annual dues have not
been received at the National Headquarters within 90 days after dues have expired
for the prior year shall be regarded as not in good standing and shall be suspended
from the Association. A person who has been suspended from membership for nonpayment
of annual dues may be reinstated at any time by payment of the current annual
dues.
C. Members of the Armed Forces During Time of War. Notwithstanding
the foregoing, all Association members on active duty in the armed forces of
the United States during a war, who do not request to the contrary, shall be
exempt from the payment of dues while so serving.
6. Election Schedule, Procedure, and Requirements
A. Nominations by Nominations and Elections Committee and
Notice of Election. By February 15 of each year, the Nominations and Elections
Committee shall nominate one or more members in good standing for each of the
elective offices becoming vacant for the coming term. By April 1, the Nominations
and Elections Committee shall cause to be mailed or electronically sent to each
member in good standing—either in The Federal Lawyer or otherwise—notice
of the upcoming annual election and of the offices to be filled therein; of
the Committee’s nominations for those offices; and the manner and time
by which nominations of candidates may be made by petition as provided in Article
V, Section 3.b., of the Constitution and this Bylaw.
B. Nominations Close. Nominating petitions shall be delivered to the
Nominations and Elections Committee at National Headquarters by 5:00 p.m. on
April 25. Any petitions received thereafter shall be returned to the would-be
candidate, indicating that the petition was tardy and the date it was delivered
to the Committee. In the event that April 25 falls on a Saturday, Sunday, or
legal holiday, petitions shall be delivered by 5:00 p.m. on the next regular
business day.
C. Ballots Mailed. By June 15, the Nominations and Elections Committee
shall cause a ballot to be mailed to each member of the Association in good
standing. The ballot shall list the names of all eligible nominees, in an order
drawn by lot, under the respective office for which each has been nominated,
with a space provided for writing in the name of a candidate for each office;
the ballot also shall contain such instructions for its use as the Committee
shall prescribe. A suspended member who is restored to good standing after the
mailing of the ballots and who, prior to 5:00 p.m. on July 5, delivers to the
Nominations and Elections Committee evidence of good standing, shall thereupon
be entitled to a ballot.
D. Ballots Returned. All ballots to be counted shall be delivered to
the Nominations and Elections Committee at National Headquarters by 5:00 p.m.
on August 1. In the event that August 1 falls on a Saturday, Sunday, or legal
holiday, ballots shall be delivered by 5:00 p.m. on the next regular business
day. The Committee, with such assistance as the Board of Directors may direct,
shall canvas the vote and promptly report as elected the candidate for each
office who has received a plurality of the votes cast for that office. If no
candidate for a national office receives a plurality of the votes counted; (a)
in the case of a tie between two (2) candidates, the election shall be resolved
by a coin flip in the presence of the tied candidates or their designees by
the National President or the President’s designee, which shall resolve
the tie. The tosser of the coin shall be designated by the President. The candidate
whose last name occurs last alphabetically shall call the coin toss; (b) in
the case of a tie among more than two candidates; the election shall be resolved
by drawing straws by the tied candidates or their designees from the hand of
the National President or the President’s designee. The National President
or the President’s designee shall prepare the straws and the candidate
or designee drawing the longest straw shall win the election.
E. Form of Ballots and Enclosures. Procedures shall be adopted by the
Board of Directors to regulate the handling of ballots and to prevent abuses
of the voting privilege, but returned ballots shall not be required to be signed
or otherwise identified by the method of voting. Ballots shall be accompanied
by a concise biographical sketch of each candidate, in a form to be prescribed
by the Nominations and Elections Committee. Additionally, ballots may be accompanied,
in the discretion of each candidate, by a single standard sheet of paper from
each candidate containing information that the candidate believes the voters
should know prior to casting their votes; the content, form, and technical specifications
of such a sheet of paper shall meet standards prescribed by the Nominations
and Elections Committee.
F. Authority of Nominations and Elections Committee. The Nominations
and Elections Committee is responsible for monitoring the overall conduct of
the annual election and for ensuring compliance with this Bylaw.
Meetings of the Board of Directors and the National Council required by Article VI, Section 3.a. and Article VII, Section 2.a., of the Constitution shall be held at such time and place as the Board of Directors may direct. No proxies may be voted at meetings of the Board of Directors and National Council or meetings of the Association. Meetings of the Board of Directors and National Council and of the Association shall be governed by the Constitution of the Association, these Bylaws and such rules as the Board of Directors and National Council may prescribe. When not inconsistent with such rules, the latest edition of Robert’s Rules of Order shall apply. The President shall appoint a parliamentarian for each meeting.
8. Standing Committees
A. Establishment. Under Article VI, Section 4, of the Constitution,
the following Standing Committees and Boards of the National Council are established:
(1) Operational Committees.
(a) Audit and Finance. The Audit and Finance Committee is responsible for overseeing
the accounting of funds of the Association, including funds originated from
investments, and for securing any independent audit required by law. The President-elect
and the Treasurer shall be members of the Committee in addition to two members
of the Board of Directors and three members of the Association appointed by
the President, who will serve for a term of one year.
(b) Budget. The Budget Committee is responsible for developing and monitoring
the implementation of the budget of the Association. The President-elect, and
the Treasurer shall be members of the Committee in addition to two members of
the Board of Directors and three members of the Association appointed by the
President who will serve a term of one year. The President shall appoint the
President-elect as chair.
(c) Constitution, Bylaws and Rules. The Constitution, Bylaws and Rules Committee
is responsible for considering and reporting on proposed changes in the Constitution
and the Bylaws of the Association prior to presenting such proposals to the
Board of Directors and/or the National Council. It is also responsible for studying
and considering, on a continuing basis, means of improving the operations and
the rules of the Board of Directors and the National Council prescribed pursuant
to Bylaw 7.
(d) Government Relations. The Government Relations Committee is responsible
for coordinating and advancing the Association’s issues agenda in implementation
of policies adopted by the Board of Directors and the National Council. The
Committee shall have at least nine members and the President will appoint a
member as chair. The President Elect and the Section Coordinator shall be members.
(e) Membership and Admissions. The Membership and Admissions Committee is responsible
for developing and implementing the Association’s annual membership recruitment
and retention programs and for the review and approval of applications for membership
that may be submitted to them under procedures prescribed in Bylaw 2B.
(f) Nominations and Elections. The Nominations and Elections Committee is responsible
for administering the procedures applicable to nomination and election of national
officers of the Association during the annual election as prescribed in Article
V, Section 3, of the Constitution and Bylaw 6. The Committee shall be composed
of the President, who shall chair the Committee; President-elect; immediate
past-President; two Vice Presidents for the Circuit designated by the President;
a Division chairperson designated by the President-elect; a Section Chairperson
designated by the President, and two Chapter representatives designated by the
President-elect.
(g) Operations Review. The Operations Review Committee is responsible for overseeing
the administrative operations of the National Headquarters. The President-elect
and the Treasurer shall be members of the Committee in addition to two members
of the Board of Directors and three members of the Association appointed by
the President who will serve a term of one year. The President shall appoint
a Board member as chair.
(h) Public Relations. The Public Relations Committee is responsible for developing
and implementing a pubic relations program for the Association and for coordinating
and disseminating to the press and public information concerning the Association
and its activities.
(i) Resolutions. The Resolutions Committee is responsible for considering and
reporting to the Board of Directors on all resolutions prior to presenting such
resolutions to the National Council. The President-elect shall be a member of
the Committee.
(j) Strategic Planning. The Strategic Planning Committee shall consider the
future growth, direction and operations of the Association and shall develop
plans for improving the long-range structure and development of the Association.
The President, the President-elect and the Treasurer shall compose the Committee
unless otherwise decided by the Board of Directors.
(2) Programmatic Committees and Boards.
(a) Annual Meeting. The Annual Meeting Committee is responsible for planning
and administering the annual meetings of the Association and for recommending
to the Board of Directors sites and dates for future annual meetings. The Committee
shall be composed of the President, President-elect, the Treasurer, and two
members of the Board of Directors and chaired by the President-elect unless
the President-elect determines a different composition.
(b) Bench/Bar Relations. The Bench/Bar Relations Committee is responsible for
acting as the liaison between the federal judiciary and the members of the Federal
Bar Association and for keeping the President and Board of Directors advised
as to issues affecting the federal judiciary. Any United States District Court
Chief Judge, and one Clerk of the Court of the federal judicial branch who is
a member in good standing of the Federal Bar Association, may be appointed as
a member. The Committee shall have at least nine members and the President shall
appoint a member as chair.
(c) Continuing Legal Education Board. The Continuing Legal Education Board is
responsible for administering the Association's continuing legal education program
under procedures and within parameters that may be prescribed by the Board of
Directors.
(d) Editorial Board. The Editorial Board is responsible for developing and publishing
The Federal Lawyer. The Committee shall have at least nine members and the President
shall appoint a member as chair.
(e) General Counsels. The General Counsels Committee shall be composed of the
general counsels of offices, boards, agencies, commissions, and departments
of the Federal government and shall be responsible for considering matters relating
to functions of a General Counsel. The President will appoint the chair and
may appoint any general counsel who is a member in good standing of the Federal
Bar Association as a member of the Committee.
(f) Judicial Selection. The Judicial Selection Committee is responsible for
evaluating professional qualifications of potential nominees to the Federal
judiciary when such evaluation is requested by the President of the United States
or by the Chair of the United States Senate Judiciary Committee under procedures
that shall be prescribed by the National Council.
(g) Professional Ethics. The Professional Ethics Committee is responsible for
formulating and recommending standards of ethics and conduct for the Federal
legal profession.
B. Committee Composition and Terms of Office. The composition of the
following Standing Committees: (1) Constitution, Bylaws and Rules; (2) Membership
and Admissions; (3) Public Relations; (4) Resolutions; (5) Continuing Legal
Education Board; (6) Judicial Selection; and (7) Professional Ethics, shall
consist of no more than nine members, at least six of whom are from different
Circuits. The President shall appoint a member as chairperson. Any vacancy shall
be filled by appointment by the President for the time remaining in the vacated
term.
Any Special Committee established by the Board of Directors shall go out of existence one year from the date it is established unless prior thereto the Board of Directors shall extend its existence for another year. The President shall appoint the members and shall appoint the chairperson.
10. Public Positions by Association Entities
A Division, Section or Chapter may not issue a public report or take a public position on an issue unless it generally reflects the views of its members. A Standing or Special Committee may not take a public position or issue a public report; however, it may make recommendations or submit positions for consideration to the Board of Directors. No report or position may be inconsistent with any existing position of the Association. The Association shall keep a record of every report or position reported to the Board of Directors.
11. Assets of Inactive Chapters
Upon determination by the Board of Directors that a Chapter has failed to maintain an active membership of at least ten members for a period of one year, that it has withdrawn itself from the Association, or that it has had its charter revoked, the President shall direct the Treasurer to take charge of all assets and property of the Chapter and to hold them in trust for one year for the benefit of any Chapter that may organize or reorganize in that geographic area. If, at the end of one year, the Chapter is not reactivated and no new Chapter is organized, title to all such assets of the Chapter shall vest in the Association.
12. Bond for Treasurer
The Treasurer, upon taking office, shall post a bond in an amount
and with such sureties required by the Board of Directors to assure the faithful
performance of the Treasurer’s duties. The premium shall be paid by the
Association.
The fiscal year of the Association shall run from October 1 through September 30 of the following year.
14. Amendments to the Constitution and the Bylaws
B. Constitution.
(1) Report of Constitution, Bylaws, and Rules Committee. The Constitution, Bylaws,
and Rules Committee shall prepare a report on the proposal. The report shall
include the text of the proposal, the text of any part to be repealed or amended,
and a summary of the arguments for and against adoption of the proposal. A copy
of this report shall be mailed or electronically sent with the ballot to each
member of the Association in good standing.
(2) Ballots. Returned ballots may not be required to be signed or otherwise
identified by the members voting. The envelopes in which the ballots are returned
shall be identified to enable the Association to identify them as ballots and
to deliver them unopened to the Constitution, Bylaws, and Rules Committee at
5:00 p.m. on the date of the closing of balloting. The Constitution, Bylaws,
and Rules Committee shall be responsible for opening and counting the ballots
and for reporting the vote.
C. Bylaws. The National Council may adopt, amend, or repeal any Bylaw
at a regular or special meeting of the National Council upon two-thirds vote
of those present and voting.
Wherever the Constitution of the Association or these Bylaws omit or fail to address any substantive or procedural matter that is addressed in the most current version of Robert’s Rules of Order, the most current version of Robert’s Rules of Order shall govern as to that matter.
Base Document Published September 28, 1991
Las revised Feb. 10, 2006