2023 Bylaws Amendment Vote

Current Bylaw:

Section 9. Law Student Members.
Any person who is enrolled in a law school recognized by the ABA or CBE is eligible to be a law student member. Any person admitted to the Association as a law student member may continue as such until graduation from law school, except that those members scheduled to take the first California bar examination following graduation from law school may continue as law student members until the results of the examination are announced, and, provided the member passes the examination, until the scheduled date that successful candidates are admitted to practice. Law student members shall pay dues in an amount as the Board of Trustees may set from time to time, and shall have all rights of membership except the right: (a) to vote, (b) to hold office or (c) to participate in any insurance or other Association member benefit program which by virtue of applicable rules and regulations is not available to law student members. Paid law student members will be free members of the Barristers/Young Attorneys Section pursuant to Section 11 of Article V.

Proposed Amendment:

Section 9. Law Student Members.
Any person who is enrolled in a law school recognized by the ABA or CBE is eligible to be a law student member. Any person admitted to the Association as a law student member may continue as such until graduation from law school, except that those members scheduled to take the first California bar examination following graduation from law school may continue as law student members until the results of the examination are announced, and provided the member passes the examination, until the scheduled date that successful candidates are admitted to practice. Law student members shall pay dues in an amount as the Board of Trustees may set from time to time, and shall have all rights of membership except the right: (a) to vote, (b) to hold office or (c) to participate in any insurance or other Association member benefit program which by virtue of applicable rules and regulations is not available to law student members. Law student members will be free members of the Barristers/Young Attorneys Section pursuant to Section 11 of Article X.

Rationale:

Clarification and correction.

Current Bylaw:

Section 1. Other Associations. 
Other bar associations in Los Angeles County which meet the qualifications listed below may affiliate with this Association by filing an application, and by obtaining approval of the Board of Trustees of this Association.

Section 2. Qualifications. 
An association meeting all of the following qualifications shall be eligible to be an Affiliated Bar Association (an “Affiliated Association”):

(a) It has a substantial number of members in common with the membership of this Association at the time of its application for Affiliated Association status and throughout the course of its Affiliated Association relationship with this Association. For the purpose of this subsection (a), “a substantial number of members” shall mean (i) for associations with 1,000 or fewer members, at least twenty-five percent (25%) or 100 (whichever is less) of its members are members of this Association, (ii) for associations with more than 1,000 but less than 2,000 members, at least 250 of its members are members of this Association, and (iii) for associations with more than 2000 members, at least 500 of its members are also members of this Association.

(b) It is geographically based in the County of Los Angeles, or a part thereof and:

(c) It is dedicated to legal matters generally, without limitation to a particular branch or subdivision of the law, provided, however, that the Board of Trustees, for good cause shown, may waive this requirement and, in its absolute discretion at any time, revoke any prior waiver of this requirement.

(d) It has been in continuous existence for three (3) or more years immediately prior to its application for affiliation.

(e) It has a total membership of at least fifty (50) at the time of its application for affiliation, has had a total membership of at least fifty (50) for the two (2) years immediately prior to its application, and continues to maintain a total membership of at least fifty (50) throughout the course of its Affiliated Association relationship with this Association.

Section 3. Application for Affiliation; Approval by Board of Trustees. 

(a) An application for affiliation shall be submitted to the Chief Executive Officer and  Executive Director of this Association together with a list of its members at the time of application for affiliation and a list of its members at one year prior to the time of application for affiliation, evidence that the applicant meets the requirements of subsections (a) through (e) of Section 2 of this Article, and such other information as may be required by the Association. The Chief Executive Officer and Executive Director of the Association shall inform the Board of Trustees of the Association of the applicant’s compliance with Section 2 of this Article.

(b) The Board of Trustees may approve or reject any such application for affiliation in its sole and absolute discretion. In deciding whether to approve or reject such application, the Board of Trustees may consider, among other factors:

   i. Whether affiliation of the applicant will adversely affect the Association generally, or any existing Section or committee of the Association in particular; and

   ii. Whether it may be in the best interests of the Association in the future to create a Section or committee covering the same branch or subdivision of the law as the applicant.

Section 4. Annual Verification of Affiliated Status. 
On an annual basis, the Chief Executive Officer and Executive Director shall request all bar associations in Los Angeles County which are eligible for affiliate status and each Affiliated Association to furnish a list of its members and such other information (to be specified in such request) as may be required to confirm whether the Affiliated Association continues to qualify as such in sufficient time to allow them to submit the information required for them to be declared an Affiliated Association (or not) in time to submit nominations, if any, by the date specified in Appendix I attached hereto. No later than June 15 of each year, the Chief Executive Officer and Executive Director shall (a) notify each Affiliated Association which continues to qualify as such that it continues to so qualify and (b) notify each Affiliated Association determined not to continue to so qualify (i) which of the qualifications provided for in Section 2 of this Article are no longer satisfied by such Affiliated Association and (ii) that if such Affiliated Association does not furnish evidence acceptable to the Chief Executive Officer and Executive Director of its satisfaction of all of said qualifications within ninety (90) days following such notice, its affiliated status shall be subject to automatic termination in accordance with Section 5(a) of this Article.

Section 5. Termination of Affiliated Association Status.  
(a) An Affiliated Association’s status as an affiliate of this Association shall terminate (and all rights and privileges of its members based on such Affiliated Association status shall likewise terminate) without further notice if (i) unless such Affiliated Association’s submission is timely waived by the Board of Trustees pursuant to Section 6(b) of this Article, the Affiliated Association fails to furnish to the Chief Executive Officer and Executive Director, within thirty (30) days following request, the list and other information to be provided pursuant to the first sentence of Section 4 of this Article or (ii) unless such Affiliated Association’s compliance with such qualifications is timely waived by the Board of Trustees pursuant to Section 5(b) of this Article, the Affiliated Association fails to furnish the Chief Executive Officer and Executive Director, within ninety (90) days following notice pursuant to clause (b) of the second sentence of Section 4 of this Article, evidence acceptable to the Chief Executive Officer and Executive Director that it satisfies all of the qualifications for affiliated status provided for in Sections 2 of this Article.

(b) The Board of Trustees may waive (i) an Affiliated Association’s submission of information required pursuant to the first sentence of Section 4 of this Article for good cause shown, if the Board acts to do so on or prior to the 30th day following the Chief Executive Officer and Executive Director’s written request for such information, or (ii) an Affiliated Association’s compliance with the numerical or other qualification requirements for good cause shown and upon demonstration of diligence in meeting such qualification requirements, if the Board acts to do so on or prior to the 90th day following notice to the Affiliated Association pursuant to clause (b) of the second sentence of Section 4 of this Article. “Diligence” as used herein shall at a minimum require one communication, by mail or electronic means, to all non-common members requesting that they join the Association and including in such communication an Association membership application. Any such waiver shall require the concurrence of two-thirds (2/3) or more of the Trustees voting if the requirement was waived for this Affiliated Association in the immediately preceding year. No such waiver may be authorized if the requirement was waived in each of the two prior years.

(c) The Board of Trustees may, in its sole and absolute discretion at any time, vote to terminate any Affiliated Association’s status as an affiliate of this Association. Effective immediately upon transmission of notice to such Affiliated Association of such a vote by the Board of Trustees, or such later date as may be specified in such notice, its status as an affiliate of this Association shall terminate (and all rights and privileges of its affiliate members based on such Affiliated Association status shall likewise terminate) without further action or notice.

Section 6. Reinstatement of Affiliated Status. 
If the affiliated status of an association is terminated pursuant to Section 5 of this Article, then such association shall not be eligible to apply to reinstate its affiliated status without having met (a) the requirements of Section 2(a) of this Article for the two years immediately prior to its application for reinstatement and (b) all other requirements for affiliation.

Proposed Amendment:

Section 1. Other Associations.
Other bar or legal associations in Los Angeles County which meet the qualifications set forth by the Board of Trustees of this Association may affiliate with this Association by filing an application, and by obtaining approval of the Board of Trustees.

Section 2. Application for Affiliated Status.
The Board of Trustees shall formulate a policy for affiliate relationships, not inconsistent with these Bylaws, including but not limited to establishing criteria of qualifications, application requirements, annual verification of affiliated status, rules for termination, and procedures for reinstatement of affiliated status.  The Board of Trustees shall have the sole power to resolve any affiliated-related matters arising under these Bylaws or the policy governing affiliated associations.

Rationale:

Implement good governance and simplify the process going forward to revise policies quickly and efficiently regarding Affiliated Associations in response to changed circumstances and as otherwise warranted.

Current Bylaw:

Section 11. Barristers/Young Attorneys.
Among the Sections authorized by the Board of Trustees shall be a Section which shall be known as the “Barristers/Young Attorneys of the Los Angeles County Bar Association.” All members of the Association within the categories set forth in Section 2 through 7 of Article II who are under thirty-six (36) years of age or who have been admitted to practice for no longer than five (5) years on January 1st of each calendar year, shall be members of the Barristers/Young Attorneys for that calendar year by paying Barristers/Young Attorneys Section dues. Current law student members of LACBA, per Section 9 of Article II, will be Barristers/Young Attorneys Section members without the payment of Section dues. LACBA members who are newly admitted to the State Bar of California will be Barristers/Young Attorneys Section members for their first year of membership without the payment of Section dues.

Proposed Amendment:

Section 11. Barristers/Young Attorneys.
Among the Sections authorized by the Board of Trustees shall be a Section which shall be known as the “Barristers/Young Attorneys of the Los Angeles County Bar Association.” All members of the Association within the categories set forth in Section 2 through 7 of Article II who have been admitted to practice for no longer than ten (10) years on January 1st of each calendar year (the “Ten-Year Membership Period”), shall be members of the Barristers/Young Attorneys for that calendar year by paying Barristers/Young Attorneys Section dues in the amount as the Board of Trustees may set from time to time pursuant to Section 11 of Article II. Any member who has achieved the rank of officer for the Barristers/Young Attorneys within the Ten-Year Membership Period will be allowed to advance in a timely fashion in the officer ranks to the position of Barristers/Young Attorneys President, even if this would put the member beyond the Ten-Year Membership Period. Current law student members of LACBA, pursuant to Section 9 of Article II, will be Barristers/Young Attorneys Section members without the payment of Section dues.

Rationale:

Recognizing that newer lawyers are generally older, they can benefit from the services offered by Barristers for a longer period. The change also has the benefit of simplifying LACBA’s membership plan and its administration.