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Bylaws
Revised 8/11/06
North Carolina Equal Access to Justice Commission Mission, Bylaws and Principles Document
Article I. Mission and Authority
In order to expand access to civil legal representation for people of low income and modest means in North Carolina, the North Carolina Supreme Court, by order dated November 3, 2005, created the North Carolina Equal Access to Justice Commission.
Article II. Members
Section 2.01 Number and Appointment
The Commission shall be comprised of 25 members representing the legal community. The number of members and the representative organizations are specified in the Order establishing this Commission. The current membership includes:
|
Membership |
Number of Members |
|
Supreme Court |
1 |
|
Court of Appeals |
1 |
|
Superior Court |
1 |
|
District Court |
1 |
|
Clerk of Court or Administrative Office of the Courts |
1 |
|
North Carolina Bar Association |
2 |
|
North Carolina State Bar |
2 |
|
IOLTA |
1 |
|
Voluntary Bar Associations |
3 |
|
Philanthropy Community |
1 |
|
Business Community |
2 |
|
Legal Aid of North Carolina |
2 |
|
NC Justice Center |
1 |
|
Legal Services Community (unrestricted organization) |
1 |
|
Client Community |
1 |
|
Governor of North Carolina |
1 |
|
President Pro Tempore |
1 |
|
Speaker of the North Carolina House of Representatives |
1 |
Section 2.02 Qualifications
Members of this Commission shall be residents of North Carolina with a demonstrated interest in access to justice and shall be appointed according to the Court order establishing this Commission.
Section 2.03 Terms of Office
Terms of office shall be three years commencing on the date of the first meeting of the Commission. In order to provide continuity in the membership of the Commission, the terms for which the Commission’s initial members are appointed shall expire on the dates set forth below. Governmental appointments expiration dates coincide with the expiration of the appointing person’s term of office or with the member’s term of office, whichever comes first.
|
April 30, 2007 |
Class I |
|
April 30, 2008 |
Class II |
|
April 30, 2009 |
Class III |
Section 2.04 Resignation
Any member may resign by sending a written notice of resignation to the Executive Director of the Commission. The resignation shall be effective on the date of the notice unless an effective date thereto is stated in such notice.
Section 2.05 Vacancies
If a vacancy on the Commission occurs, the Chair may request the appointing organization to designate another appointee.
III. Meetings and Rules of Procedure
Section 3.01 Regular Meetings
The Commission shall meet at least four times per year at such dates, times and locations as the Chair shall determine. Meetings will be announced at least 4 weeks in advance of meetings with notice to each member.
Section 3.02 Special Meetings
Special meetings of the Commission may be called by or at the request of the Chair or any seven or more Commission members. The person calling any special meeting shall give no less than 5 days’prior notice stating the purpose of the meeting by personal delivery, first class mail, electronic transmission or facsimile to the address of each member noted in the official records of the Commission.
Section 3.03 Action and Quorum
At all Commission meetings, fifteen (15) shall constitute a quorum for the transaction of business. Voting may be in person, by proxy, by letter or by telephone. Action shall be deemed official if approved by a majority (50% plus one person).
Section 3.04 Action by Consent
Any action which may be taken at a meeting of members may be taken without a meeting through a consent in writing describing such action and executed by three-fifths (3/5ths) of all members entitled to vote.
Section 3.05. Amendment of Bylaws
These by-laws may be amended by the affirmative vote of three-fifths (3/5ths) of the Commissioners present, assuming a quorum is present, at any meeting of the Commission.
IV. Officers
Section 4.01 Officers
The officers of the Commission shall be a chairman, an executive director, a vice chair, a secretary and a treasurer. The Commission’s chair will be the Chief Justice or her designee. The vice chair, secretary and treasurer shall be elected by the Commission on recommendation of the Chair.
Section 4.02 Chair
The Chair is the official spokesperson of the Commission and shall preside at all Commission meetings.
Section 4.03 Vice Chair
The Vice Chair shall perform the duties and exercise the powers of the Chair in her absence or inability to perform. The Vice Chair will also perform other such duties as assigned by the Chair.
Section 4.04 Secretary
The Secretary is responsible for the minutes and other records of the Commission. The Secretary shall also assume other responsibilities as assigned by the Chair.
Section 4.05 Treasurer
The Treasurer shall chair the Finance Committee and shall be responsible for the financial records of the Commission.
Section 4.06 Executive Director
The executive director shall be responsible for supervisory and administrative responsibilities, including, but not limited to, compiling research, identifying alliances for the Commission’s work, overseeing the overall work of the Commission and its committees and project and shall be responsible for fund development of the Commission. The Executive Director is appointed by the Chief Justice.
V. Research, Programs and Projects
Section 5.01 Research. The Executive Director will provide assistance to Commission members for the management of research projects. The Executive Director may work with other organizations, including local law schools and universities, to facilitate her work.
Section 5.02 Programs
From time to time, the Commission will develop programs to educate the legal community and the public, generally. Each year, the Commission will review the current programs to determine their feasibility and necessity.
Section 5.03 Projects
From time to time, the Commission will engage in specific projects which will involve Commission members and others invited to participate in the Commission’s work. These projects may rely upon the expertise and resources of the organizations represented on the Commission.
Section 5.04 Committees
There will be two standing committees of the Commission, the Executive Committee and the Finance Committee. The Executive Committee will be responsible for the overall management of the Commission and its activities. The Finance Committee is responsible for fund development for the Commission. Other committees may be added as needed based upon the research, project or program needs of the Commission and at the discretion of the Chair. Except as otherwise provided in section 4.03, the members of all committees will be appointed by the chair of the Commission.
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