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Section Bylaws

ARTICLE I
NAME, PURPOSE

Section 1. Name. This section shall be known as the Section of Legal Education and Admissions to the Bar and herein referred to as the "Section." 

Section 2. Purposes. The purposes of this Section shall be the purposes of the American Bar Association as stated in its Constitution within the particular area of legal education and admissions to the bar. To such end the purposes of this Section shall be to consider, discuss, and recommend to the Association:

measures for the improvement of the system of legal education in the United States, measures for inculcating within law students a high regard for the ethics and morals of the profession and its high calling, and measures to be suggested to the highest courts of each state and their boards of bar examiners for testing the qualifications and ability of applicants for admission to the bar.

In particular the Section through its Council and subject to the review of the House of Delegates shall have the power:

(a) To establish standards and procedures to be met and observed by law schools in obtaining and retaining the approval of the Association. Such standards and procedures shall become effective after review by the House of Delegates.

(b) To receive and process applications of law schools for provisional or full approval, to grant or deny such applications, and to withdraw, suspend or terminate approval of law schools. Such decisions concerning the approval of law schools shall become effective after review by the House of Delegates.

(c) With respect to other matters, to implement policies and resolutions referred to it by the House of Delegates.

(d) To study and make recommendations in cooperation with the National Conference of Bar Examiners for the improvement of the bar admission process.

(e) To implement the foregoing powers and foster close cooperation among legal educators, practitioners and judges through workshops, conferences and publications.

All of such standards, requirements and procedures adopted by the Section shall be printed and distributed to law schools, universities, libraries, boards of bar examiners, professional groups and associations, and others concerned with legal education. 

 ARTICLE II
MEMBERSHIP

Section 1. Members. (a) The membership of the Section shall consist of those members whose dues have been paid, as provided for in this Article. Any member of the Association in good standing shall be enrolled as a member of the Section upon request to the Secretary of the Association and the payment of the annual Section dues.

(b) Any member of the Law Student Division of the Association in good standing shall be enrolled as a Law Student Division member of the Section upon request to the Secretary of the Association and the payment of the annual Section dues applicable to members of the Law Student Division. Law Student Division members shall not be eligible to vote or hold office, but shall have the privilege of the floor at Section meetings, including the privilege to make motions and present resolutions, and shall receive Section publications on the same basis as lawyer members of the Section.

(c) Any individual elected by the Board of Governors of the Association as an Associate, upon request to the Secretary of the Association and payment of the dues as provided for Associates of the Section, shall be enrolled as an Associate of the Section. The privileges of Associates shall be prescribed by the Bylaws of the Association and by guidelines adopted by the Board of Governors. 

Section 2. Dues. Annual dues for regular or associate membership in the Section shall be Forty Dollars ($40.00), payable before September 1 of each year. Upon recommendation of the Council, and approval of the Board of Governors, a majority of the members present at an annual meeting of the Section may establish the amount of the annual dues for continued membership in the Section. 

Section 3. Termination of Membership. Any member of the Section whose annual dues are more than six months past due shall cease to be a member of the Section. Any person who ceases to be a member of the Association shall also cease to be a member of the Section.

ARTICLE III
SECTION MEETINGS

Section 1. Annual Meeting. The Section shall meet immediately before or during the Annual Meeting of the Association, in the same city or place as the Annual Meeting of the Association, with such agenda, program and order of business as the Council or the Chairperson with the approval of the Council may arrange. 

Section 2. Special Meetings. The Section may hold other meetings of its membership during the year, provided that the times and places of other meetings are approved by the Board of Governors. 

Section 3. Quorum. The members of the Section present at a meeting of the membership shall constitute a quorum for the transaction of business. 

Section 4. Agenda. The agenda of the annual meeting of the membership shall consist of the election of officers and members of the Council and such other matters as the Chairperson of the Section or the Council deems appropriate. The agenda of a special meeting of the membership shall consist of those matters which the Chairperson of the Section or the Council deems appropriate and of which notice has been given. 

Section 5. Voting. Voting and privilege of the floor at any meeting of the Section is limited to Section members recorded 21 days prior to the meeting. The Secretary shall make this official membership roster open for inspection at any meeting to which it is applicable. All binding action of the Section shall be by a majority vote of the members present, except in those cases in which a referendum by mail ballot may be authorized by the Council pursuant to Article IV, Section 1(d). 

Section 6. Parliamentary Authority. The Chairperson shall preside at all meetings of the Section. The conduct of the meetings shall in general conform to Robert's Rules of Order; however, in parliamentary situations not covered by these Bylaws and Robert's Rules of Order, the Chairperson shall give the membership of the Section at least 60 days' notice of the authority selected.

ARTICLE IV
COUNCIL

Section 1. Powers and Functions. (a) The Council shall be vested with the powers and duties necessary for the administration of the business of the Section. It shall authorize all commitments for expenditures of Section monies.

(b) The Council shall develop separate budgets for the Accreditation of Law Schools Project and for its other activities. Both budgets shall be prepared pursuant to the generally established accounting principles used by the Sections and entities within the Association. The Accreditation of Law Schools Project budget itself, however, will not be subject to review or consultation by the Board of Governors or any other entity outside the Section. The budget for the other activities of the Section will be subject to the Association's regular budget process. With respect to those other activities, the Council shall not authorize commitments for expenditures in a fiscal year that would exceed the income and reserves of the Section for that fiscal year without approval of the Board of Governors.

(c) The Council is authorized to establish and organize into appropriate organizational structures such committees as it deems necessary to carry out the purposes of the Section. The Council shall establish an appropriate chain of responsibility for any organizational structures and committees which it may create. No action of a Section committee or other organizational component shall be effective until approved by the Council of the Section or by the membership of the Section. The authority to establish committees and organize them into appropriate organizational structures may be delegated by the Council to the Chairperson of the Section.

(d) Between meetings of the membership, the Council shall have authority to perform the functions that the membership of the Section might perform. The Council shall report to the membership of the Section at each meeting any actions taken since the last meeting of the membership of the Section.

(e) The Council may direct a referendum by mail ballot of the members of the Section. A majority of the votes cast in the referendum shall determine the policy of the Section with respect to the question submitted. Such referendum shall be conducted according to rules established by the Council and the results certified by the Secretary.

(f) At appropriate times, as determined by the Conference of Section Chairpersons, the Council is authorized to submit a nomination for a Section member-at-large of the Board of Governors. The selection of the nominee shall be made by the Council with due regard for the eligibility requirements for election to the Board of Governors. 

Section 2. Qualifications of Members of the Council. Members of the Council of the Section of Legal Education and Admissions to the Bar shall be chosen without reference to their race, color, creed, sex or national origin. Members of the Council shall be persons of integrity and intelligence who have evidenced interest in legal education and whose participation is likely to be guided by the interests of the public and by the high standards of the legal profession, rather than any personal interest. 

Section 3. Composition. The Council shall be composed of the following individuals: The Officers of the Section; Fifteen members-at-large, which shall include three representatives of the public who are not members of the Association as is required to bring the Council into compliance with the regulations of the United States Department of Education with respect to the recognition of the Council as the national accrediting agency for professional schools of law by the Department; and a representative of the Law Student Division to be selected for nomination by the Nominating Committee from a slate of three nominees recommended to the Section by the Division no later than May 1 of each year.  A representative of the public means a person who is not a spouse, parent, child, or sibling of an individual who is a member of the American Bar Association or who is not an employee, member of the governing board, owner, shareholder or consultant to a law school approved by the American Bar Association.

Section 4. Terms. (a) The term of a member-at-large is three Association years beginning with the adjournment of the Annual Meeting during which the member is elected. The terms of at least one-third of the members-at-large shall expire each year. No more than two members-at-large shall have their principal office within the same state. No member-at-large may serve more than two successive three-year terms in that capacity. The member may, however, be elected to serve as an Officer.

(b) The term of the representative of the Law Student Division is one Association year beginning with the adjournment of the Annual Meeting after which the representative is elected.

 Section 5. Meetings. (a) The Council shall hold at least one regular meeting each year at the time and place of the Annual Meeting of the Association. The Chairperson shall, upon request of five members of the Council, call special meetings of the Council between Annual Meetings.

(b) There shall be neither absentee nor proxy voting.

(c) If a meeting of the Council is not feasible, the Chairperson of the Section shall, upon the written request of five members of the Council, submit in writing to each of the members of the Council any item upon which the Council may be authorized to act. The members of the Council may vote upon the proposition either by written ballot or by telephone vote, confirmed in writing, to the Secretary of the Section who shall record the proposition and votes on the matter. 

Section 6. Compensation. No salary or compensation for services shall be paid to any Officer, member of the Council, or member of any committee, except as may be specifically authorized by the Board of Governors.

 Section 7. Vacancies. If any member of the Council shall fail to attend two successive meetings of the Council, the member's seat on the Council shall be automatically vacated unless he or she is excused for good cause by action of a majority of the Council. Between annual meetings of the Section the Council may fill vacancies in the seats of the members elected to the Council. Members of the Council so elected shall serve until the next annual meeting of the Section. In the case of a Law Student Division representative, the Council may request the appropriate Division officers to propose another representative. 

Section 8. Liaisons from Other Association Entities. The Council shall permit a duly designated representative from the Young Lawyers Division and the Board of Governors to attend meetings of the Council in open and executive session and to have the privileges of the floor at such meetings. Such liaison representatives, who are not elected by members of the Section but designated by the entities that they represent, are not entitled to vote.

ARTICLE V
OFFICERS

Section 1. Officers. The Officers of the Section shall be the Chairperson, the Chairperson-Elect, the Vice-Chairperson, the Secretary, and the last retiring Chairperson of the Section.

 Section 2. Chairperson. The Chairperson shall:

(a) Preside at all meetings of the members of the Section and of the Council;

(b) Appoint the chairperson and members of all committees of the Section who are to hold office during his or her term as Chairperson;

(c) Plan the program of the Section during his or her term, subject to the directions and approval of the Council;

(d) Superintend the performance of all activities of the Section;

(e) Keep the Council informed of the activities of the Section and implement its decisions; and

(f) Perform such other duties and acts as usually pertain to the office of Chairperson or as may be designated by the Council.

 Section 3. Chairperson-Elect. The Chairperson-Elect shall:

(a) Aid the Chairperson in the performance of the Chairperson's responsibilities in the manner and to the extent as the Chairperson may request;

(b) Preside at meetings of the Section and the Council in the absence of the Chairperson; and

(c) Perform the duties and have the powers that usually pertain to the office or as may be designated by the Council or the Chairperson.

In case of the death, resignation, or disability of the Chairperson, the Chairperson-Elect shall perform the duties of the Chairperson for the remainder of the Chairperson's term or disability.

 Section 4. Vice-Chairperson. The Vice-Chairperson shall:

(a) Aid the Chairperson in the performance of the responsibilities of the office of Chairperson in the manner and to the extent the Chairperson may request; and

(b) Preside at meetings of the Section and the Council in the absence of the Chairperson and Chairperson-Elect.

 Section 5. Secretary. The Secretary shall:

(a) Consult with and assist all the Officers of the Section in the work of the Section in the manner and to the extent requested;

(b) Be the liaison between the Section and the Association staff with respect to the retention and maintenance of books, papers, documents, and other property pertaining to the work of the Section; and

(c) Keep a true record of the proceedings of all meetings of the Section and of the Council.

Section 6 . Terms. (a) The Chairperson shall not be eligible for re-election as Chairperson or Chairperson-Elect. The term of the Chairperson-Elect and the Vice-Chairperson is one Association year, beginning with the adjournment of the Annual Meeting during which he or she is elected.

(b) The Secretary shall serve a two-year term beginning with the adjournment of the Annual Meeting during which he or she is elected.

(c) The Chairperson-Elect becomes the Chairperson upon the adjournment of the next Annual Meeting of the Association and is not again eligible for either office.

 Section 7. Vacancies. The office of an Officer who fails to attend two successive meetings of the Council shall be automatically vacated unless the officer is excused for good cause by action of a majority of the Council. The Council, between annual meetings of the Section, may fill vacancies in the office of Chairperson-Elect, Vice-Chairperson, or Secretary. Officers so elected shall serve until the next annual meeting of the Section.

 Section 8. Consultant. The Council of the Section may, from time to time, employ a Consultant on Legal Education to the American Bar Association, who shall be responsible to the Council, and shall perform such duties relating to the business of the Council as shall be prescribed by the Chairperson and the Council and shall assist the Officers and Council in furthering the work of the Section and of the Association.

 Section 9. Budget Committee. The Chairperson, Chairperson-Elect, and Vice-Chairperson shall constitute a Budget Committee which in cooperation with the Consultant on Legal Education to the American Bar Association and/or the Section Staff Director shall review the resources available to the Section, make requests for appropriations, approve requests for grants from various agencies, develop an expenditure budget, and in general be responsible for the oversight of the financial affairs of the Section.

ARTICLE VI
SECTION DELEGATES

Section 1. Section Delegates. (a) The Section Delegates shall represent the Section in the House of Delegates. At appropriate times, as determined by the Conference of Section Chairpersons, the Section Delegate so designated by the Council shall serve on the Nominating Committee of the House of Delegates.

(b) The term of a Section Delegate is three Association years beginning with the adjournment of the Annual Meeting during which the Delegate is elected.

(c) If a Section Delegate fails to attend two successive meetings of the Council, the position shall be automatically vacated unless the Delegate is excused for good cause by action of a majority of the Council. In the event of the absence or inability of a Section Delegate to serve, the Council shall appoint an individual to serve until the next annual meeting of the Section.

(d) Section Delegates are entitled to attend meetings of the Council in open and executive session and to have the privileges of the floor at such meetings. Section Delegates are not entitled to vote.

ARTICLE VII
NOMINATION AND ELECTION OF OFFICERS, COUNCIL MEMBERS,
LAW STUDENT DIVISION REPRESENTATIVE, AND SECTION DELEGATES

Section 1. Nominating Committee. At a time not later than the close of the Midyear Meeting, the Chairperson shall appoint a nominating committee of at least five members of the Section. The Chairperson shall promptly announce the names and addresses of the members of the Nominating Committee in the Section publication to Section members. If a vacancy should occur in the membership of the Nominating Committee, the Chairperson may appoint a member to fill that vacancy. One or more candidates may be nominated by the Nominating Committee for each position to be filled by election as provided in these Bylaws. The Nominating Committee shall report the identity of each nominee and shall include a brief statement of his or her activities in the Section, in legal education, and in the legal profession. The Nominating Committee shall submit its report to the Section members not later than 45 days prior to the Opening Assembly of the Annual Meeting. 

Section 2. Petition. One or more additional nominations may be made for any office, including member-at-large of the Section Council, by petition signed by not less than 30 members of the Section in good standing, not more than 10 of whom are residents of any one state. The petition shall state that the individual nominated has agreed to the nomination, and the Secretary shall thereupon confirm the willingness of such individual to serve if elected. The petition shall be sent or delivered to the Chairperson of the Section and must be received not less than 20 days prior to the Opening Assembly of the Annual Meeting. 

Section 3. Election. At a business meeting of the Section, prior to the time of the election as published in the official program of the Annual Meeting of the Association, the Chairperson shall announce the nominees for the offices of Chairperson-Elect, Vice-Chairperson, Secretary, Section Delegate, Law Student Division representative, and members-at-large on the Council. The Chairperson also shall announce the time and place at which the election shall be held as stated in the official program of the Annual Meeting of the Association. All elections shall be held at a business session of the Section during the Annual Meeting. Elections for positions for which there is more than one nominee shall be by written ballot, and each such position shall be voted upon separately. Election shall be by majority of the votes cast. If there are more than two candidates for a single office and no one of them receives a majority of the votes cast then there shall be a second ballot between the two candidates having the greater number of votes on the first ballot. In the case of nominees of the Nominating Committee who are unopposed, election to fill such positions may be by voice vote. 

ARTICLE VIII
COMMITTEES

Section 1. The Chairperson of the Section may create each year such special committees to serve the purposes of the Section. 

Section 2. The Section shall have the following standing committees:

(a) Accreditation Committee. The Council shall establish an Accreditation Committee that shall act on matters relating to the accreditation of law schools. The members of the Committee shall be appointed for two-year staggered terms by the Chairperson of the Section. Members shall not serve more than three terms.

To be eligible for appointment as a non-lawyer public member, an individual must be knowledgeable and concerned about professional education and training and must not have a current employment or other relationship with the Association. Public members shall include such number of representatives of the public as to bring the Council into compliance with the regulations of the United States Department of Education with respect to recognition of the Council as the national accrediting agency for professional schools of law by the Department. A representative of the public means a person who is not a spouse, parent, child, or sibling of an individual who is a member of the American Bar Association or who is not an employee, member of the governing board, owner, shareholder or consultant to a law school approved by the American Bar Association.

Committee members must be guided by the interest of the public and by the standards of the legal profession.

(b) Standards Review Committee. The Council shall establish a Standards Review Committee which shall review all proposed Standards and Interpretations, solicit comments and conduct public hearings on proposed Standards and Interpretations and make recommendations to the Council.

Members shall serve one three-year term.

ARTICLE IX
AMENDMENTS

Section 1. Method of Proposing an Amendment. Any member of the Section may propose an amendment to these Bylaws by submitting the proposed amendment and a statement of its purposes to the Secretary, who shall transmit the proposed amendment and the statement of purposes to the members of the Council. The Council shall consider such a proposed amendment at the next Council meeting held 30 or more days thereafter and may consider any other proposed amendment. By majority vote the Council shall submit to the Section at the annual meeting such proposed amendments of the Bylaws as it deems appropriate. If any amendment proposed by a member as described above is not reported favorably by the Council of the Section, the amendment shall be submitted to the Section at the following annual meeting if a petition signed by 100 or more Section members requesting its submission is filed with the Secretary at least 30 days prior to the annual meeting at which the amendment is to be submitted to the Section. 

Section 2. Adoption of an Amendment. The Section may consider only those amendments to the Bylaws that are submitted to it by the procedures described in Section 1, above. Such proposed amendments shall be submitted to a vote of the members of the Section present at the annual meeting of the Section, and are adopted by majority vote of the members of the Section present and voting. Amendments so adopted shall become effective upon approval of the Board of Governors.

ARTICLE X
REPRESENTATION OF ASSOCIATION POSITION

Any action by this Section must be approved by the House of Delegates or by the Board of Governors of the American Bar Association before the action can be effective as the action of the American Bar Association. Actions taken pursuant to Article I, Sections 2(a-b) of these Bylaws shall become effective after review by the House of Delegates, as set forth in the Rules of Procedure for the Approval of Law Schools. Any resolution or recommendation adopted or action taken by the Section shall, on request of the Council or the Section, be reported by the Chairperson or Section Delegate to the House of Delegates or to the Board of Governors for action by the Association.

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