NOTRE DAME LAW SCHOOL
CONSTITUTION OF THE STUDENT BAR ASSOCIATION
Article One: Name
The name of this organization is the Student Bar Association of the Notre Dame Law School. It shall also be known by the abbreviation SBA
Article Two: Purpose and Authority
Section One: Purpose
The Student Bar Association is the student government of the law school. Its purpose is to promote a community among the members of the law school (students, faculty, staff, and the administration). The SBA also promulgates rules and exercises rulemaking authority over groups, organizations, offices, property, and effects under its jurisdiction. Finally, the SBA is sponsoring a number of events for the law school community.
Section Two: Organizations and Groups
The Student Bar Association is responsible for overseeing every student organization in the law school. Included in this responsibility is the control of the budgets of the student organizations. The SBA By-Laws provide guidelines for the formation of new student groups.
Section Three: Offices, Property and Effects:
The SBA is responsible for overseeing the administration of offices and effects under its authority. The SBA is delegated the responsibility of managing student space in the law school. This responsibility requires the allocation of space in the basement of the law school. Allocation of space is for: journal offices, the SBA office, other student group offices, and the use of the lounge. The SBA also administers use of the lounge, the snack bar in the lounge, and all postings, flyers, notices, contained within. The SBA is furthermore given authority over its property and effects, including appliances purchased for student use, and any similar products under its possession.
Article Four: Membership
Every student of the Notre Dame Law School is automatically a member of the S. B. A. The student activity fee for all law students compromises the budget of the S. B. A. There is no membership fee.
Section Two: Qualifications for Membership
Every member of the Student Bar Association, including every appointee, shall be a Juris Doctor or Master of Laws (L.L.M.) Candidate at the Notre Dame Law School in good standing who has never been found guilty of an Honor Code violation.
The Student Bar Association shall not conduct separate inquiries into academic standing or Honor Code violations. When a Student Bar Association member falls out of good standing as determined by the Law School or is found guilty of an Honor Code violation through appropriate Honor Council proceedings, the President shall take notice, notify the member of his removal, and direct the Secretary to log the removal in the Minutes.
Article Five: Officers, Duties, and Responsibilities
The Officers of the Student Bar Association shall be the President, the Vice President, the Treasurer, and the Secretary.
Section One: President
The President shall convene and preside over all meetings of the Student Bar Association. The President shall supervise and direct all Student Bar Association activities. The President shall represent the concerns of the Student Bar Association and Student Body to the Law School Administration and Deans.
A. Appointed Chairs
ìThe President shall appoint an Honor Council Prosecutor, a Social Activities Chair, a Community Service Chair, an Athletics Chair, an American Bar Association Representative, and a London Program Representative.
1. Honor Council Prosecutor
The Honor Council Prosecutor may hold no other elected office within the Student Bar Association, in accordance with Article 3.5.2 of the Law School Honor Code.
Should the Honor Council determine that both the Prosecutor and the President have conflicts of interest, the Dean of the Law School shall appoint a Special Prosecutor or set a process for appointing a Special Prosecutor, in accordance with Article 2.4 of the Law School Honor Code.
2. Veto of Appointed Chairs
Upon motion and second of any Officers or Representatives and a majority vote of all members, the Student Bar Association may veto any appointment. In the event of a veto, the President shall appoint a new chair within 3 days and submit it to the full body for approval. If the President is unable to appoint a chair that obtains the approval of the full SBA body by two weeks prior to the end of the school calendar year, the full body shall select a suitable candidate from the applicant pool by a majority vote.
3. Voting Rights of Appointed Chairs
The Elected Officers and Class Representatives will decide each year whether to allow appointed chairs to vote for the duration of the year.
To decide the proper allocation of funds each year, the President shall convene every spring a Budget Committee composed of the President, the Treasurer, and one Class Representative from each class. The three Class Representatives in each class shall decide which of them shall sit on the committee.
Section Two: Vice President
The Vice President shall support the President, convening and presiding over meetings when the President is not present. The Vice President shall ensure that the Student Bar Association conducts all required elections and that all election regulations are followed.
Section Three: Treasurer
The Treasurer shall support the President and account for all Student Bar Association Funds, providing periodic accounting reports to its members at appropriate intervals. The Treasurer shall sit on the Budget Committee.
Section Four: Secretary
The Secretary shall support the President and keep accurate records of all Student Bar Association meetings and activities. The Secretary shall ensure that the Student Bar Association provides appropriate comment on its activities to the student body. The Secretary is also required to maintain the SBAís webpage and ensure that it is current and accurate in providing SBA information, events, and procedures.
Section Five: Representatives
The Student Bar Association shall also be composed of three Representatives from each class. Class Representatives shall actively seek out and determine the concerns of students in their class, convey those concerns to the Student Bar Association, and diligently seek to address those concerns.
All Officers and Representatives are charged with the duty to work diligently and loyally serve the interests of all students.
Section SIX: Incapacity
Should the President for any reason become unable to fulfill her duties, the Vice President shall succeed to the position of President. The President shall then appoint as a replacement Vice President one of the officers or class representatives, provided majority approval of the full body.
Should the Vice President, Treasurer, or Secretary for any reason become unable to fulfill his duties, the President shall appoint as a replacement one of the other officers or class representatives, provided majority approval of the full body.
Should any Class Representative for any reason become unable to fulfill his duties, the President shall appoint as a replacement a student from that same class, provided majority approval of the full body.
Section Seven: Removal
An officer or representative may be removed for failure to perform her duties upon motion of an officer or representative, second of another officer or representative, and a two-thirds vote of all officers and representatives, after appropriate notice and comment. In the event 1L Representatives have not yet been elected, vote will not occur until 1L Representatives have been elected and given appropriate time for review.
Appointees serve at the discretion of the President. Appointees may also be removed upon motion of any officer or class representative, second of another officer or class representative, and a two-thirds vote of all officers and representatives. In the event 1L Representatives have not yet been elected, vote will not occur until 1L Representatives have been elected and appropriate time for their review has passed.
For any removal, following motion and second, the Secretary shall within twenty-four hours give notice to the individual and the student body. The vote for removal shall occur no sooner than seven days following delivery of notice.
An Officer or Representative shall not vote in an action for his own removal, and shall be removed upon a two-thirds vote of the remaining officers and representatives.
Article Six: Elections
Section One: First Year Representatives:
In September of each year, the Student Bar Association shall conduct elections for three First Year Representative Positions. First Year Representatives shall serve until their class elects new Representatives in April.
Section Two: Officers
In April of each year, the Student Bar Association shall conduct elections for the executive offices of President, Vice President, Treasurer, and Secretary. Executive officers shall be elected individually and shall serve terms of one year.
Executive Officers must be elected by a majority of students voting in the general election. Should no candidate receive a majority of votes, the Election Commissioner shall conduct a run-off election between the two candidates receiving the highest number of votes.
Section Three: Class Representatives
In April of each year, the Student Bar Association shall conduct elections for three Second and three Third Year Class Representatives. Class Representatives shall serve terms of one year.
In each Class Representative Election, the three candidates receiving the highest number of votes shall be elected. In the event of a tie for the third position in a class, the Election Commissioner shall conduct a run-off election between those two candidates.
Section Four: Election Commission:
The Vice President shall serve as Election Commissioner and appoint members of the full body to assist him with the election process. The Election Commissioner shall follow the By-Laws on Election Guidelines in fulfilling his duties.
Article Seven: Amendments
Amendments to this constitution may be made at any time by 2/3 majority vote of the officers, after notice and comment.
Article Eight: By-Laws
Student Bar Association By-Laws are any rules created by members of the Student Bar Association that bind only the Student Bar Association and its members. No later than 30 days following the commencement of each school year, or amendment of this section, the officers may ratify Student Bar Association By-Laws, which shall remain in effect until the next school year begins. Should the Executive Committee fail to ratify any By-Laws, the previous school yearís by-laws shall automatically become ratified for the present school year. The Student Bar Association may amend the By-Laws at any time upon motion and second of any Officers or Representatives and majority vote of all officers and representatives.
All amendments passed by the Student Bar Association will be presented to the Student Body at large for one week after their promulgation for the purpose of public comment. Students may express opposition to SBA policies through the SBA Petition Procedure. (Amended March 15, 1994).
Amendment TWO : Resolutions
Any officer or representative may bring a motion for a resolution. Upon second of any other officer or representative the matter shall receive appropriate consideration. Provided a quorum exists, upon motion of any officer or representative and second of another the resolution shall come to a vote. A resolution shall require a majority of officers and representatives present to pass.
A quorum shall exist where the President or Vice President is present and two-thirds of the officers and representatives. The Secretary shall note in the minutes whether a quorum exists at each meeting.
The President can veto any resolution of the Student Bar Association within one week after its passage. Any officer or representative may move to over-ride the Presidentís veto, and it shall be over-ridden with a second of any officer or representative and, within one week after the veto, a two-thirds vote of all officers and representatives, save the President.