PALM BEACH ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
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PBACDL BY-LAWS


BY-LAWS OF THE PALM BEACH ASSOCIATION OF CRIMINAL DEFENSE LAWYERS

ARTICLE I – NAME

The name of this Association is the PALM BEACH ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.

ARTICLE II – MISSION

To unite the Palm Beach County criminal defense community and elevate the quality of practice in order to ensure the accused a zealous defense and full protection of constitutional rights.

ARTICLE III – MEMBERSHIP

1. Application For Membership. All applications shall be made on a form prescribed by the Board of Directors. All applications shall be subject to approval by a majority of the Board of Directors. No employee of the Office of the State Attorney, United States Department of Justice, Office of the Attorney General, or any other criminal prosecution authority shall be eligible for membership. When an application is received it shall be forwarded to the Treasurer and the chair of the Membership Committee, who shall then notify the Board of Directors.

2. Types of Membership.


(a) Regular Membership. Regular membership in this Association shall be open and available to those members of The Florida Bar who are persons of professional competence, integrity and good moral character who are actively engaged in the defense of criminal cases.

(b) Law Student/Graduate Membership. Law Student/Graduate Membership shall be open and available to those persons of integrity and good moral character who are either students enrolled in accredited law schools or have an active application to The Florida Bar pending.

(c) Associate Membership. Associate Membership in the Association shall be available to those persons of integrity and good moral character who are not actively engaged in the defense of criminal cases, but whose duties and responsibilities are a part of, or contribute to the defense of criminal cases and the goals of the Association.


3. FACDL Membership. All Regular and Law Student/Graduate Members shall also be required to be members of the Florida Association of Criminal Defense Lawyers (FACDL).

4. Voting. Regular Members in good standing shall each be entitled to one (1) vote in any of the Association's proceedings, excluding meetings of the Board of Directors. Law Student/Graduate Members and Associate Members are not entitled to vote.

5. Revocation of Membership. Membership of all classes may be terminated in the following manner:

(a) Resignation. A member, not in default of payment of dues and against whom no Association complaint is pending, may at any time file a resignation in writing with the Secretary of the Association, and it shall become effective as of the date it was filed once accepted by the Board of Directors. Resignation from membership in The Florida Bar shall automatically result in the termination of voting membership in this Association.

(b) Termination. If any member is by a final order or judgment disbarred from the practice of law in Florida, such person's membership in this Association shall automatically be terminated. If any member is by a final order or judgment convicted of a felony or suspended from the practice of law in Florida, such person's membership in this Association may be terminated. Any violation of the law or the failure to meet (1) the membership qualifications, (2) The Florida Bar's Rules of Professional Conduct, if the member is an attorney or a law student/graduate, or (3) the ethical standards of the applicable profession of an affiliate member, may constitute cause for termination. The Board of Directors may terminate the membership of any member of the Association for cause by an affirmative three quarter (3/4) vote of the members of the Board of directors after a fair hearing held before the Board. The action of the Board of directors shall be final as to the removal of a Law Student/Graduate Member or Associate Member. The decision of the Board of Directors to terminate a Regular Member may be overridden by a three-quarter (3/4) vote of the general membership.

(c) Automatic Revocation. Any member who becomes employed with the Office of the State Attorney, United States Department of Justice, Office of the Attorney General, or any other criminal prosecution authority, or becomes a member of the judiciary, shall automatically have their membership revoked.  The Board of Directors shall send notification of revocation to any member so terminated, and to the FACDL.


(d) Failure to Pay Dues. Any member who fails to pay dues within 90 days following the beginning of the fiscal year of the Association shall automatically be terminated as a member of the Association.

6. Reinstatement. Any member who resigns or was terminated may be reinstated by the method prescribed by these by-laws for new members.

7. Annual Dues. A dues schedule shall be set by a majority vote of the Board of Directors. Dues shall be payable annually by January 1. The fiscal year shall be from January 1 to December 31. A partial waiver may be authorized by the President based on demonstrated financial hardship.


ARTICLE IV - BOARD OF DIRECTORS

1. Composition. There shall be nine (9) members of the Board of Directors: one President, President-elect, Secretary, Treasurer, immediate past President, and four at-large members from the Regular Membership. No person may hold more than one position on the Board of Directors at a time.

2. Qualifications. Only Regular Members shall be eligible for Board membership. Nominees for the office of President-elect must have been a Regular Member in good standing for at least two (2) years prior to the election, or in the alternative, must have served as a member of a prior Board of Directors. Nominees for the other positions on the Board of Directors must have been a Regular Member in good standing for at least one (1) year prior to the election.

3. Election. The following officers and Board of Director members shall be selected by vote of the members present at the May meeting: President-elect, Secretary, Treasurer and four at-large members. Voting by proxy ballot at this election meeting is expressly prohibited. All members of the Association shall be given at least thirty (30) days written notice of the election meeting. The outgoing President shall preside over the elections for the incoming Board of Directors. The order of elections shall be as follows: (1) President-elect, (2) Secretary, (3) Treasurer, and (4) four at-large members. Voting shall be by secret ballot. Each Regular Member shall exercise one vote for each office, except during the election of the four at-large members. In the election for at-large members, each Regular Member shall have four votes. However, only one vote per candidate may be cast by any Regular Member.


4. Election Tiebreakers. If in any election under these by-laws two or more candidates are tied with the most votes, the following procedure shall be utilized:

(a) If any candidate other than those who are tied received at least one vote, then a run-off election shall be held, and only those candidates who were tied shall be eligible to receive votes.

(b) If no candidate other than those who are tied received votes, then the winner shall be decided by drawing lots.

5. Terms. The Board of Directors shall take office at the meeting at which they are elected. All terms shall be for one (1) year.

6. Vacancies. Whenever a vacancy occurs on the Board of Directors, the vacancy shall be filled by majority vote of the remaining members of the Board of Directors for the unexpired portion of the term with the exception of the office of President. The President-elect shall assume the presidency and serve out the unexpired term in addition to the following term for which he or she had been elected.

7. Regular Meetings. Regular meetings of the Board of Directors shall be held not less than quarterly.

8. Special Meetings. A special meeting of the Board of Directors shall be held whenever called by the President. The President shall call a special meeting whenever five (5) directors request him or her to do so. Reasonable notice of these meetings shall be given to each director.

9. Quorum. Five members of the Board of Directors shall constitute a quorum at any meeting of the Board.

10. Voting. Each director shall have one vote. Unless otherwise provided in these by-laws, all matters shall be determined by a majority vote of the directors present or voting by proxy in accordance with section (15) of this Article.

11. General Powers of the Board of Directors. The Board of Directors shall direct the business of the Association. The Board of Directors shall adopt such policies, rules and regulations as it may deem advisable, so long as they are not inconsistent with these by-laws.

12. Contract. The Board of Directors, except as otherwise provided by these by-laws, may authorize any officer, director or agent to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association. Such authority may be general or confined to a specific instance. Unless so authorized by the Board of Directors, no officer, director or agent shall have any power or authority to bind the Association by a contract or engagement, or to pledge its credits or to render it liable for any purpose or any amount.

13. Removal of Directors and Officers. Any director or officer may be removed from office by the affirmative vote of three-quarters (3/4) of the full Board of Directors, present in person, at any regular meeting or special meeting called for that purpose whenever in the Board of Directors' judgment the best interests of the Association would be served thereby. Any such director or officer proposed to be removed shall be entitled to at least twenty (20) days written notice of the meeting at which such removal is to be voted upon and shall be entitled to appear before and be heard at such meeting at which time he or she may present such witnesses and make such defense as he or she shall deem advisable.

14. Business Conducted Outside of the Board of Directors Meetings. In the event that it shall be necessary for the Board of Directors to carry out the Association's business and it is impracticable for the Board of Directors to meet, the President may poll the directors or cause them to be polled on the matter or matters to be placed before the Board. Any matter may be approved by the affirmative vote of a majority of the full Board of Directors, except as otherwise provided in these by-laws. The President shall immediately publish the final vote to the entire Board of Directors. The Secretary shall place a written memorandum of the results in the minutes of the Association.


15. Designation of Proxy. Any member of the Board of Directors, if unable to attend a Board meeting, may designate a proxy by notifying the President, in writing, before the Board meeting.

ARTICLE V - OFFICERS

1. Number. The officers of the Association shall be the President, President-elect, Secretary and Treasurer. 

2. Election and Terms of Officers. Each officer of the Association shall be elected for a one (1) year term by the general membership at the same time that the at-large members of the Board of Directors are elected. All members of the Association shall be given at least thirty (30) days written notice of the election meeting. 

3. Vacancies. A vacancy in any office except President shall be filled by majority vote of the Board of Directors for the unexpired portion of the term. A vacancy in the office of President shall be filled by the President-elect who shall serve the unexpired term in addition to the following term for which he or she has been elected. 

4. Duties of Office. 

(a) President. The President shall preside at all meetings of the Board of Directors. The President shall have and exercise general charge and supervision of the affairs of the Association and shall do and perform such other duties as shall be assigned by the Board of Directors. The President shall be the spokesperson for the Association and whenever practicable shall publicly appear on behalf of the Association. 

(b) President-elect. The President-elect shall perform such duties as shall be assigned by the President or the Board of Directors At the end of the term of the President, the President-elect shall automatically become President for a period of one (1) year in addition to any period of time necessary to fulfill the unexpired term of the predecessor who may have died, resigned or been removed from office. 

(c) Secretary. The Secretary shall attend and keep minutes of all meetings of the Association and the Board of Directors and have such other powers and perform such other duties as are incident to the office of the Secretary or as may be assigned from time to time by the Board of Directors or the President. 

(d) Treasurer. The Treasurer shall collect the dues, assessments, and other monies payable to the Association; shall maintain all the financial records of the Association; shall promptly record all Association receipts; shall deposit all monies within one (1) month of receipt in a banking institution approved by the Board of Directors, except dues checks which shall be deposited within one (1) week of receipt; shall issue and sign checks for FACDL dues, when not paid directly to FACDL; shall issue and sign checks in payment of Association obligations; shall endorse checks for deposit only in the bank account of the Association; shall maintain a current record of the standing of all members in respect to the payment of dues and shall report to the Board of Directors the names of those persons who have been notified of their delinquency in the payment of dues in excess of three (3) months; shall submit a report to the Board of Directors on the financial condition of the Association whenever requested by the Board; and shall perform whatever other duties the by-laws may prescribe.

5. Limitations on Holding Office. Each person may hold only one office in the Association at a time.
 
6. Immediate Past President.  The Immediate Past President is not an officer, but shall perform such duties as assigned by the President or the Board of Directors.  The Immediate Past President shall be responsible for chairing an ad hoc committee, as deemed necessary by the President or the Board of Directors, to evaluate the need for changes to the bylaws, to draft amendments to the bylaws, and to submit such drafts to the Board of Directors for adoption.

ARTICLE VI - COMMITTEES

1. Standing Committees. Standing committees shall have a membership of not less than three (3) persons who are voting members in good standing and shall be appointed to such position by the President. Persons so appointed shall serve during the term of the president who appointed them. Standing committees shall meet at least quarterly, except for the By-laws Committee, which shall meet at least once a year. A majority of the members must be present for a quorum. A report of each committee meeting shall be made at the following Board of Directors meeting. The standing committees shall be: 

Continuing Legal Education
Judicial
Membership
Social
Community Outreach​

2. Other Committees. The President, or a majority of the Board of Directors in its discretion, may create such other additional committees as may be deemed necessary. The President may not remove power and jurisdiction from a standing committee by appointing another committee to be responsible for the same subject matter.

3. Committee Chairs. The President shall appoint one person on each committee as the Committee Chair. The Committee Chair shall schedule committee meetings and set the agenda for the committee.

ARTICLE VII - CHAPTER STATUS

1. FACDL Chapter. This organization shall be a chapter of the Florida Association of Criminal Defense Lawyers. 

2. FACDL Jurisdiction. The chapter shall be authorized to conduct its own local meetings and to elect its own officers as it may deem appropriate. The chapter may issue press releases and statements of policy on matters of purely local concern. The chapter, however, shall not have any authority to declare FACDL policy, to represent the FACDL, or to issue any FACDL press releases without the prior approval of the FACDL Board, or its President or, in its President’s absence, its President-elect, if the FACDL Board of Directors will not be meeting in a timely enough manner to consider the matter. Such approval shall not be necessary as to chapter press releases or statements which reiterate already declared written FACDL policy. 

3. FACDL Representation. The chapter shall be represented on the FACDL Board of Directors by one (1) or more directors elected by the general membership of the chapter. The number of directors shall be determined by the FACDL by-laws. Before the FACDL annual meeting the chapter shall elect the appropriate number of directors by majority vote of the chapter FACDL members present at a general membership meeting.  The election results shall be forwarded to the Secretary of the FACDL for announcement and swearing in at the FACDL annual meeting.  Each chapter director shall be a member of the FACDL.  The terms of chapter directors shall be for two (2) years.


ARTICLE VIII – BY-LAWS

1. The Board of Directors may provide such by-laws for the conduct of the Association's business and the carrying out of its purposes as it may deem necessary from time to time. 

2. Upon proper notice, the by-laws may be amended, altered or rescinded by a majority vote of those members of the Board of Directors present at any regular meeting or any special meeting called for that purpose. 

3. Adopted:  November 15, 1988.

4. Amended:
June 19, 1990
October 11, 2007
November 6, 2013
March 4, 2015
May 30, 2017


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  • Home
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    • Members Page >
      • Forum Discussion
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  • Event Information
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    • Past Events
    • Barry M. Cohen Champion of Justice Award
    • Closing Argument Competition
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