The Constitution of the Federal Bar Association
Base Document Published September 28, 1991
Article IV, Section 1 Revised July 30, 1992
Article IV, Section 3; Article VII, Section 5; and Article XIV Revised January
11, 1994
Revised Feb. 10, 2006
Section 1. Name. The name of this organization is "The Federal Bar Association" (hereinafter, "Association"). The Association is chartered under the laws of the District of Columbia and was established on January 5, 1920. The name may not be copied, used, or issued by anyone for any purpose except as authorized by the Board of Directors.
Section 2. Location. The headquarters of the Association shall be at a site to be determined by the Board of Directors. Chapters of the Association shall be located in such cities of states, commonwealths, territories, possessions, and foreign countries as are approved by the Board of Directors under this Constitution.
Article II - Seal, Insignia, and Logos
Section 1. Design. The official seal and insignia of the Association comprise a representation of the Goddess of Justice standing before the United States Supreme Court Building, all within two concentric circles. Within the outer circle appear the words, "The Federal Bar Association, January 5, 1920." The Board of Directors may adopt such logos for the Association as it shall deem appropriate.
Section 2. Use By the Association. As authorized by the Board of Directors, the insignia and logos may be used by the Association on jewelry, stationery, displays, publications, and the like.
Section 3. Use by Others. The insignia and logos may not be copied, used, or issued by anyone other than the Association for any purpose except as authorized by the Board of Directors.
Article III - Mission Statement, Vision, and General Objectives
Section 1. Mission Statement. The mission of the Association is to
strengthen the federal legal system and administration of justice by serving
the interests and the needs of the Federal practitioner, both public and private,
the federal judiciary and the public they serve.
Section 2. Vision Statement. The Association will be recognized as
the premier bar association serving the Federal practitioner and judiciary.
Section 3. General Objectives. The following general objectives of
the Association are not listed in any particular order of priority; each objective
is equally important in accomplishing the mission of the Association:
a. To serve as the national representative of the Federal legal profession;
b. To promote the sound administration of justice;
c. To enhance the professional growth and development of members of the Federal
legal profession;
d. To promote high standards of professional competence and ethical conduct
in the Federal legal
profession;
e. To promote the welfare of attorneys and judges employed by the Government
of the United States;
f. To provide meaningful services for the welfare and benefit of the members
of the Association;
g. To provide quality educational programs to the Federal legal professional
and the public;
h. To keep members informed of developments in their respective fields of interest;
i. To keep members informed of the affairs of the Association, to encourage
their involvement in its activities, and to provide members opportunities to
assume leadership roles;
j. To promote professional and social interaction among members of the Federal
legal profession.
Section 1. Active Membership. Any person admitted to the practice
of law before a Federal court or a court of record in any of the several states,
commonwealths, territories or possessions of the United States or in the District
of Columbia shall be eligible for active membership in the Association and may
maintain membership in one or more Chapters and one or more Sections; provided
such person:
a. is or has been an officer or employee of the United States or of the District
of Columbia and, while so serving, performs or has performed the work of a legislator,
judge, lawyer, or member of a quasi-judicial board or commission; or
b. has a substantial interest in or participates in the area of Federal law.
Section 2. Honorary Membership. Honorary members of the Association,
as hereinafter provided, shall be exempt from payment of dues but shall have
full rights and privileges of membership.
a. The Chief Justice of the United States and Associate Justices of the Supreme
Court of the United States shall be offered honorary membership in the Association.
b. Any person who has rendered conspicuous service to the United States Government
or to this Association may be elected to an honorary membership by vote of three-fourth’s
of the members of the Board of Directors then present.
c. Any judge of the Federal courts established under Article III of the Constitution
of the United States may be elected to honorary membership in the Association
by any Chapter located within the territory of the Circuit in which that judge
serves. Such membership shall continue so long as the Judge serves in active,
senior, or retired status.
d. Subject to such limitations as are contained in the Bylaws of the Association,
any Member of Congress—if otherwise eligible for active membership under
Section 1 of this Article—may be elected to honorary membership in the
Association by any Chapter located within the congressional district or State
which such Member of Congress represents. Such membership shall continue for
the period of the Member’s tenure in Congress.
Section 3. Associates. Subject to such limitations as are contained
in the Bylaws of the Association, any person is eligible to become an associate
of the Association, as hereinafter provided. Such an associate may also maintain
association with any one or more Chapters, Sections, and Divisions. However,
such associate is not a member of the Association; accordingly, in no event
may such associate vote or hold any elective office in the Association or in
any Chapter, Section, or Division thereof.
a. Foreign Associate. Any person who is admitted to practice law before a court
or administrative tribunal of a country other than the United States of America
is eligible to become a foreign associate of the Association.
b. Law Student Associate. Any law student actively enrolled in an accredited
law school and not admitted to the practice of law before a Federal court or
a court of record in any of the several states, commonwealths, territories,
or possessions of the United States or in the District of Columbia is eligible
to become a law student associate of the Association.
Section 4. Expulsion. Subject to such due-process limitations relating
to notice and opportunity for hearing as are contained in the Bylaws of the
Association, the Board of Directors may expel for good cause any member or associate
of the Association by a majority vote of the members of the Board of Directors
then present. Subject to procedures as are contained in the Bylaws of the Association,
any member or associate who has been expelled by the Board of Directors pursuant
to this Section shall have the right to appeal from that decision to the National
Council of the Association at its next regularly scheduled meeting.
Article V - Officers and Directors: Nomination, Removal, and Duties
Section 1. Elective Officers and Directors. The elective officers
and directors of the Association shall assume their respective offices at the
beginning of the fiscal year to which they are elected and shall serve through
the end of the fiscal year in which their terms expire or until their successors
shall have been installed in office. The elective officers and directors of
the Association shall be as follows and in the order named and shall be elected
to terms of office as indicated:
a. The President, who shall be elected only in those years when there is no
President-elect to succeed to that office. The President shall also serve as
a director.
b. The President-elect, who shall be elected annually as hereafter provided
and who shall succeed the President at the expiration of the latter’s
term. The President-elect shall also serve as a director.
c. The Treasurer, who shall be elected annually as hereafter provided. The Treasurer
shall also serve as a director.
d. Twelve additional directors, whom shall be elected to staggered terms of
three years as hereafter provided.
e. Two Vice Presidents for the Circuit for each Federal judicial circuit, who
shall be elected for terms of two years by the members within that Circuit.
No Vice President for the Circuit shall serve more than three full terms.
f. The Delegate or Delegates to the House of Delegates of the American Bar Association,
who shall be elected to terms of office for the number of years then provided
for members of the House of Delegates by that association. When the American
Bar Association authorizes the Association an increase in the number of delegates
to that association’s House of Delegates, the President promptly shall
appoint such additional delegate or delegates with the approval of the Board
of Directors at its next regular meeting, to hold office until the next annual
election.
Section 2. Eligibility. All members of the Association at the time
of nomination, whose dues are paid for the current fiscal year and who otherwise
are in good standing, and meet all other qualifications, as may be required
by this Constitution and the Bylaws of the Association, shall be eligible as
candidates for any elective office (including directors) as prescribed in Section
1 of this Article.
Section 3. Nominations. Candidates for elective offices of the Association
as prescribed hereinbefore may be nominated for office either by the Nominations
and Elections Committee or by petition filed in accordance with this section.
a. The Nominations and Elections Committee shall nominate one or more members,
who meet all qualifications and are in good standing, for each of the elective
offices (including directors) becoming vacant during the upcoming fiscal year,
and each such nominee shall be listed on the ballot as a candidate for the particular
office.
b. Each nominee by petition shall be listed on the ballot as a candidate for
the particular office for which nominated. A candidate nominated by petition
must be endorsed by not less than 50 members, except that a candidate for Vice
President for the Circuit must be endorsed by not less than 20 members of Chapters
and/or members at large of the particular Circuit. No member shall be eligible
as an endorser of a petition whose dues are not paid for the current fiscal
year or who is not otherwise in good standing. Each petition may propose nominees
for one or more offices; however, in no event shall any member be eligible as
an endorser of more than one candidate for the same office.
Section 4. Removal from Office. Any officer may be removed from office
for delinquency, inefficiency, neglect of duty, or for other good cause in the
same manner and subject to the same due-process limitations as described in
Article IV, Section 4, for the expulsion of a member. Any officer so removed
shall have the same right of appeal from that decision to the National Council
of the Association as described in that Section for an expelled member.
Section 5. Vacancies in Office.
a. In case of death, resignation, or removal of the President, the President-elect
shall succeed to that office for the remainder of the term and then shall serve
as President during the following term. In case of the death, resignation, or
removal of the President-elect between the close of nominations and the annual
election, the newly elected President-elect shall assume the office of President
for one term only; and, thereafter, a President shall be elected at the next
election as provided in Section 1.a. of this Article. In case of death, resignation,
or removal of both the President and the President-elect in the same term, the
highest available officer, in order as listed in Section 1 of this Article,
shall serve as acting-President until the next regular meeting of the Board
of Directors; at such meeting, the Board of Directors shall select an acting-President
to serve for the balance of the term.
b. Vacancies in the office of President-elect shall not be filled.
c. In case of death, resignation, or removal of any other officer, the President
shall promptly fill such vacancy, subject to the ratification of the Board of
Directors at its next regular meeting.
Section 6. Duties of Officers and Directors.
a. The President shall be the Chief Executive Officer of the Association and
the Chairperson of the Board of Directors and National Council. The President
shall perform such other duties as properly pertain to the office or as may
be required under this Constitution and the Bylaws of the Association.
b. The President-elect shall perform the duties of the President in the latter’s
absence or inability to discharge the duties of that office and shall perform
such other duties as may be required by the President, this Constitution, or
the Bylaws of the Association.
c. The Treasurer shall collect and receive all moneys due the Association; deposit
the same to the credit of the Association in such financial institutions as
may be designated by the National Council; keep the Secretary informed of the
dues status of each member of the Association; and notify each member each year
of the status of that member’s national dues for the ensuing fiscal year.
The Treasurer shall keep an itemized record of all moneys received, by whom
paid, and for what purpose; and shall submit to the National Council or Executive
Committee, whenever requested by either and at the end of the fiscal year, a
report in writing itemizing all receipts and disbursements for the year. The
Treasurer shall make all books, vouchers, and records available to the Audit
and Budget Committees and shall perform such other duties as properly pertain
to the office or as may be required by the President, this Constitution, or
the Bylaws of the Association.
d. The Directors shall perform all duties as may be required for members of
the Board of Directors by the President, this Constitution, or the Bylaws of
the Association.
e. Each Vice President for the Circuit shall serve as liaison with all Chapters
within that officer’s Circuit; shall serve as counsellor and advisor for
such Chapters in the promotion of their welfare; shall undertake and supervise
creation of new Chapters and reactivation of inactive Chapters in that officer’s
Circuit as appropriate; shall represent that officer’s Circuit on the
National Council; and shall perform such other duties as properly pertain to
the office or as may be required by the President, this Constitution, or the
Bylaws of the Association.
f. The Delegate or Delegates to the House of Delegates of the American Bar Association
shall represent the Association in the House of Delegates of that association
and in such other matters before that association as the National Council may
direct.
Article VI - Board of Directors
Section 1. Composition. The Board of Directors shall consist of the
President, President-elect, Treasurer and the twelve elected directors. When
any of the following have not been elected to the Board, they will by virtue
of their position serve as ex officio members of the Board without a vote: Chair
of the Vice Presidents for the Circuits, Chair of the YLD, and the Sections
and Divisions Coordinator.
Section 2. Duties and Powers.
a. The Board of Directors shall have full power and authority to function as
the governing body of the Association and, in connection therewith, to conduct
any and all activities that it may consider necessary or expedient in accomplishing
the objects of the Association set forth in Article III. It shall have full
control of the business and financial management of the Association. The Board
of Directors shall have the authority to establish special committees not in
conflict with those provided for in Section 6 of this Article and shall perform
such other duties as may be required by this Constitution or the Bylaws of the
Association.
b. No funds of the Association shall be obligated or disbursed for any purpose
without the approval of the Board of Directors. No proposed purchase or expenditure
that is unfavourably reported by the Budget Committee shall be approved, except
by a vote of three-fourths of those present and entitled to vote.
c. The authority of the Board of Directors shall be limited only as follows:
(1) amendments to this Constitution and the Bylaws of the Association must be
approved according to the procedure established in this Constitution and the
Bylaws of the Association; and (2) any decision of the Board of Directors may
be altered, amended, or reversed by a majority vote of the National Council.
d. All actions and resolutions passed or adopted by the Board of Directors shall
be posted on the website of the Association within thirty (30) business days
after each meeting of the Board of Directors.
Section 3. Meetings.
a. The Board of Directors shall have the authority to establish its own schedule
of meetings, but shall meet no less the four (4) times annually.
b. The Board of Directors shall meet specially at other times at the call of
the President, at such time and place and for such purposes as the President
may consider necessary; provided that no business shall be transacted at any
special meeting of the Board of Directors unless notice of the time, place,
and purpose of such meeting has been given to all members of the Board of Directors
so as to reach them at least three days prior thereto.
Section 4. Standing Committees. The Board of Directors shall have such
Standing Committees as may be established by the Bylaws of the Association for
the purpose of addressing matters of Association-wide operational or programmatic
interest. The President shall nominate and, with the approval of the Board of
Directors, appoint the chairpersons and members of the Standing Committees to
terms as provided in the Bylaws.
Article VII - National Council
Section 1. Composition. The National Council shall consist of the elective
officers; all members of the Board of Directors; all Past National Presidents
who are in good standing; Chairpersons of all Divisions, Sections, and Standing
Committees; the President of the Federal Bar Building Corporation; the President
of the Foundation of the Federal Bar Association; the General Counsel of the
Federal Bar Association; either the President of each Chapter or other Chapter
officer as designated in writing by the Chapter President to the Board of Directors;
one other delegate from each Chapter to be selected by the Chapter; and not
more than 20 members to be appointed annually by the President within 30 days
after the latter assumes duties of that office. Appointive members shall be
subject to removal in the same manner as elective officers pursuant to Article
V, Section 4. A vacancy due to death, resignation, or removal of an appointive
member may be filled by appointment by the President. The President’s
appointments shall have prior approval of the Board of Directors.
Section 2. Meetings.
a. The National Council shall meet at the Annual and Midyear Meetings of the
Association each year as provided for in the Bylaws of the Association. The
Board of Directors may combine the National Council meeting with the Annual
Meeting of the Association. Notice shall be mailed to all National Council members
at least 30 days prior to the date of each regular meeting.
b. The National Council may meet specially at other times at the call of the
President, with the consent of the Board of Directors, at such time and place
and for such purposes as the President may consider necessary; provided, that
no business shall be transacted at any special meeting of the National Council
unless notice of the time, place, and purpose of such meeting has been mailed
by the Association to each National Council member in good standing at least
30 days prior to such meeting.
Section 3. Quorum and Procedure. Twenty-five percent of the members
of the National Council in good standing shall constitute a quorum for the transaction
of business. Action by the National Council shall be as provided in this Constitution
and the Bylaws of the Association.
Section 1. Federal Career Service Division. There shall be a Federal
Career Service Division of the Association. All members of the Association who
are or have been officers or employees of the United States or of the District
of Columbia are eligible to be members. The Division shall enact bylaws, subject
to the approval of the Board of Directors, which will provide for the Division’s
general objectives, organization—including a chairperson and other internal
leadership progression—and operation.
Section 2. Judiciary Division. There shall be a Judiciary Division
of the Association. All past and present members of the Federal, Administrative,
Military, and State judiciaries and their legal staffs are eligible to be members.
The Division shall enact bylaws, subject to the approval of the Board of Directors,
which will provide for the Division’s general objectives, organization—including
a chairperson and other internal leadership progression—and operation.
Section 3. Senior Lawyers Division. There shall be a Senior Lawyers
Division of the Association. All active members of the Association who are age
55 years or older on the date on which each such member’s dues is payable
are eligible to be members. The Division shall enact bylaws, subject to the
approval of the Board of Directors, which will provide for the Division’s
general objectives, organization—including a chairperson and other internal
leadership progression—and operation.
Section 4. Younger Lawyers Division. There shall be a Younger Lawyers
Division of the Association, comprised of all active members of the Association
who are age 36 years or younger on the first day of the fiscal year of the Association
or who have engaged in the practice of law for less than three years as of the
first day of the fiscal year of the Association. In the event that the Immediate
Past Chairperson, who serves as an officer of the Division the year following
his or her term as Chairperson, is older than 36 years as of the first day of
the fiscal year of the Association in the year he/she is to serve as Immediate
Past Chairperson, or in the event he/she has been engaged in the practice of
law for more than three years as of the first day of the fiscal year of the
Association, he/she shall still be an eligible member of the Division for the
year he/she is fulfilling his/her term as Immediate Past Chairperson. In the
event the Division membership of any Division officer would otherwise cease
in accordance with the foregoing, that officer shall remain a member of the
Division and in office until the succeeding officers have commenced their terms.
The Division shall enact bylaws, subject to the approval of the Board of Directors,
which will provide for the Division’s general objectives, organization—including
a chairperson and other internal leadership progression—and operation.
Section 5. Corporate and Association Counsel’s Division. There
shall be a Corporate and Association Counsel’s Division of the Association.
All past or present members of corporate or association counsel’s staffs
are eligible to be members. The Division shall enact bylaws, subject to the
approval of the Board of Directors, which will provide for the Division’s
general objectives, organization—including a chairperson and other internal
leadership progression—and operation.
Section 6. Public Positions Taken by Divisions. A Division—in
the name of the Association—may issue reports, make public announcements,
and publicly advocate positions on issues of concern to the Division only with
the prior approval of the Board of Directors. Without such prior approval, the
Division may take such a public position only if the position statement includes
a disclaimer that indicates that the Division is taking the position in the
name only of the Division. In any event, if a Division takes such action in
its own name and not in that of the Association, the Division shall report that
action immediately to the Board of Directors.
Section 1. Sections and Committees. The President, with the approval
of the Board of Directors, may establish Sections of the Association to consider
areas of law of interest to the membership or particular groups of members.
Similarly, the President, with the approval of the Board of Directors, may establish
one or more Committees within each Section. Each Section shall enact bylaws,
subject to the approval of the Board of Directors, which will provide for the
Section’s general objectives, organization—including internal leadership
progression—and operation. The President shall nominate and, with the
approval of the Board of Directors, appoint a Section Coordinator and such Deputy
Section Coordinator or Coordinators as the President may deem appropriate, to
generally supervise the overall activity and operations of the Divisions except
the YLD and the Sections and their Committees.
Section 2. Public Positions taken by Sections or Committees. A Section
or Committee—in the name of the Association—may issue reports, make
public announcements, and publicly advocate positions on issues of concern to
the Section or Committee only with the prior approval of the Board of Directors.
Without such prior approval, the Section or Committee may take a public position
only if the position statement includes a disclaimer that indicates that the
Section or Committee is taking the position in the name only of the Section
or Committee. In any event, if a Section or Committee takes such action in its
own name and not in that of the Association, the Section or Committee shall
report that action immediately to the Board of Directors.
Section 1. Organization. Any ten or more members of the Association
in good standing, who reside, practice, or are employed in the same geographical
area, may—upon application to and with the consent of the Board of Directors—organize
a local Chapter of the Association for such purposes, upon such conditions,
and embracing such geographical area as the Board of Directors shall prescribe.
A Chapter is a part of the Circuit in which it is geographically located.
Section 2. Relationship Between Chapters and the Association.
a. Each Chapter shall enact and maintain bylaws providing for the Chapter’s
general objectives, organization—including the Chapter’s leadership
structure and frequency of meetings—and operation. Chapter bylaws may
not be inconsistent with this Constitution and the Bylaws of the Association.
A copy of the current Chapter bylaws shall be filed with the Association.
b. Chapter affiliation is limited to members and associates of the Association.
A Chapter may not refuse affiliation to any member or associate of the Association
in good standing who resides, practices, or is employed within the geographic
area of the Chapter and who tenders any applicable Chapter dues.
Section 3. Modification and Revocation of Chapter Charters. The Board
of Directors shall have authority to revoke the charter of any Chapter for cause
in the same manner and subject to the same due-process limitations as described
in Article IV, Section 4, for the expulsion of a member. Any Chapter whose charter
is so revoked shall have the same right of appeal from that decision to the
Association as described in that Section for an expelled member.
Section 4. Public Positions Taken by Chapters. A Chapter—in the
name of the Association—may issue reports, make public announcements,
and publicly advocate positions on issues of concern to the Chapter only with
the prior approval of the Board of Directors. Without such prior approval, the
Chapter may take such a public position only if the position statement includes
a disclaimer that indicates that the Chapter is taking the position in the name
only of the Chapter. In any event, if the Chapter takes such action in its own
name and not in that of the Association, the Chapter shall report that action
immediately to the Board of Directors.
Article XI - Meetings of the Association
Section 1. Annual Meeting. There shall be an annual meeting of the Association at such place and at such time as the Board of Directors may direct. The annual meeting shall be held for the purpose of receiving the report of the Nominations and Elections Committee on the results of the annual election; receiving the reports of the officers, Divisions, Standing Committees, and Sections of the Association; and transacting such other business as may be recommended by the Board of Directors or as may be required by this Constitution or the Bylaws of the Association.
Section 2. Notice of Meetings. Notice of the time and place of an
annual meeting of the Association and the character of the business to be presented
shall be mailed by the Association to each National Council member in good standing
at least 30 days prior to such meeting.
Section 3. Quorum and Required Vote. Twenty-five percent (25%) of the
members of the National Council in good standing shall constitute a quorum for
transaction of business at the Annual Meeting. Action by the National Council
shall be as provided in this Constitution and the Bylaws of the Association.
Annual dues shall be required from each member, other than honorary members, and from each associate of the Association. The amount of such dues shall be fixed by the Bylaws of the Association. The Treasurer shall cause notice of annual dues payable to be mailed to each member or associate in a timely manner. If a member or associate fails to make payment of the dues or other lawful indebtedness to the Association as provided for in the Bylaws of the Association, such member or associate shall be suspended from the Association.
Article XIII - Authority Regarding 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 pursuant to the provisions of this Constitution and the Bylaws. The Board of Directors shall have the power and authority to enforce such Bylaws, together with additional rules and regulations as it may deem necessary, not inconsistent with the provisions of the Bylaws and this Constitution.
Article XIV - Amendment to the Constitution
Section 1. Initiation of Amendment. A proposal to amend this Constitution
may be initiated in any one of the following ways:
a. By two-third’s vote of those present and voting at a meeting of the
National Council, if written notice of the proposal has been mailed to each
member of the National Council at least 30 days prior to the meeting.
b. By two-third’s vote of those present and voting at an annual meeting
of the Association, if written notice of the proposal has been mailed to each
member of the Association at least 30 days prior to the meeting.
c. Upon petition bearing the signature of at least three per cent of the membership,
not more than half of whom may be members of the same chapter.
Section 2. Adoption of Amendment. An amendment so proposed shall be
submitted to the members in good standing under procedures provided therefore
by the Bylaws of the Association. An amendment so submitted shall become effective
upon its adoption by two-thirds of the members who vote upon it.