State Bar of Wisconsin

Bylaws of the Government Lawyers Division
State Bar of Wisconsin

(As approved by the State Bar Board of Governors September 14, 2007)

Article I - Name and Purpose

1.1  Name.  This division shall be known as the government lawyers division

1.2  Purpose.  The purpose of the government lawyers division is to promote effective collaboration between the private and public sectors of the bar, to provide opportunities for active participation of publicly-employed members in the governance of the State Bar and to carry on activities related to the practice of government attorneys.

Article II - Membership

2.1  Eligibility.  Any voting member of the State Bar who receives a salary from any unit of government and who enrolls in the Division is a member of the Division.

2.2  Membership Dues.  The Board of directors may establish membership dues by resolution, with the approval of the board of governors of the State Bar.

2.3  Membership Status.  A person who meets the criteria established under Section 2.1 and who has paid any membership dues established under Section 2.2 shall be a member of the Division if he or she indicates in writing an election to be a member.

2.4  Privileges of Membership.  Voting and other division privileges shall be limited to division members.

2.5  Termination of Membership.  Membership in the division shall terminate automatically when a member’s eligibility under Section 2.1 expires.  The board of directors may, by resolution, provide for termination of members for nonpayment of dues.

Article III - Board of Directors

3.1  Composition.  The board of directors shall be comprised of 6 members of the division who are elected by the division membership, the officers of the division while they hold office, the immediate past president of the division, and any non-attorney elected by the board.  The board members shall be representative, to the extent practicable, of federal, state, county, municipal and tribal attorneys.

3.2  Duties.  The board of directors shall have general supervision and control of the affairs of the division.

3.3  Election and Terms of Members.  Three board members shall be elected for 2-year terms by the membership by mail ballot in odd-numbered years.  Three board members shall be elected for 2-year terms by the membership by mail ballot in even-numbered years.  The term of office shall begin on July 1 following the election.  The board may elect two non-attorney members to serve 2-year terms.  Except for the president, the officers and directors of the division shall serve until their successors are elected and commence their terms of office.  The president shall serve on the board during his or her term of office until succeeded by the president-elect, and then shall serve a 2-year term as immediate past president.

3.4 Meetings.  Meetings of the board may be called by the president of the division or shall be called by the secretary of the division upon the written request of any 4 members of the board.  The board, at any duly held meeting, may itself schedule future meetings.  At least 2 weeks’ notice of meetings shall be given to all members of the board unless such notice is waived, in writing, by a majority of the board.  The presence of a majority of the members of the board at any duly called meeting shall constitute a quorum for the transaction of business.  A vacancy in any position on the board shall reduce the number of board members counted for the purpose of determining a quorum.

Board meetings may be conducted through telephonic or similar modes of electronic communications.  The participation of a majority of the members of the board shall constitute a quorum for the transaction of business.

3.5  Termination of Board Membership.  If any member of the board elected under Section 3.3 fails to attend 3 meetings of the board in any fiscal year, the position held by such member may be declared vacant by a majority vote of the board members present and voting.

3.6  Board Vacancies.  Any vacancies in the attorney positions on the board may be filled by interim appointment of the president of the division with the consent of a majority of the board.  The appointment shall be effective for the remainder of the unexpired term.  Vacancies in the non-attorney board positions may be filled by interim appointment of the president with the consistent of a majority of the board.  The appointment shall be effective for the unexpired term.  In the event the president of the division does not make an appointment, the vacancy may be filled by interim appointment by a majority vote of board members present and voting.

Article IV - Officers

4.1  Officers.   The officers of the division shall be the president, president-elect, secretary and treasurer.

4.2 Duties of Officers.

(a)  President:  The president shall preside at all meetings of the division and of the board of directors and shall perform other duties and acts usually pertaining to that office.  The president shall prepare a report of the activities of the division for the past year for submission to the board of governors of the State Bar of Wisconsin and for publication in the “Wisconsin Lawyer”.  The president shall certify vouchers for payment.

(b)  President-Elect:  The president-elect shall perform the duties of the president when the president is unable to perform those duties.  The president-elect shall perform such other duties as may be assigned by the president.

(c) Secretary:  The secretary shall keep a true record of the proceedings of all meetings; shall give notice of all meetings; and shall be the custodian of all books, papers, documents and other property of the division.  The secretary shall perform such other duties as may be assigned by the president.

(d) Treasurer:  The treasurer shall have responsibility for maintaining a liaison with the State Bar regarding financial matters; and shall perform such other duties as may be assigned by the president.

4.3  Eligibility For Office.  Only a member of the division shall be eligible as a candidate for an office in the division and all officers of the division shall be members of the division.

4.4  Election and Terms of Office.  The officers of the division shall serve for a 2-year term beginning on July 1 following their election.  Except for the president, the officers shall be elected by the membership of the division by ballots distributed to the members.  The president-elect shall succeed the president upon expiration of the president’s 2-year term of office, or earlier if the office of president becomes vacant.

4.5  Vacancies.  Any vacancy in the office of president-elect, secretary or treasurer shall be filled by interim appointment of a member of the board of directors by a majority vote of the board members present and voting any duly called meeting of the board of directors.  The appointed officer shall serve for the unexpired term.

Article V - Elections

5.1  Composition and Responsibility of Nominating Committee.  On or before the first day of September of each year, the president of the division shall appoint a nominating committee of 3 division members, with the approval of the board of directors.  The president shall designate one member of the committee as chairperson.  If possible, the nominating committee shall include at least one person who was previously president of the division and at least one other person who is also a member of the board of directors.  The nominating committee shall nominate candidates for 3 attorney members of the board of directors each year and for the offices of president-elect, secretary and treasurer every other year.

5.2  Notice of Election.  The chairperson of the nominating committee shall cause a notice to be published in the October and November issues of the “Wisconsin lawyer” informing the members of the division that any person interested in becoming a director or, every other year, in holding the office of president-elect, secretary and treasurer may communicate that interest, or may secure and forward the signatures of 10 members of the division nominating the member as a director or as an officer, to the nominating committee before December 1.

5.3  Nomination.  The nominating committee shall include in the slate of nominees any member who obtains the signatures of 10 members of the division nominating the member as a director or an officer.  The committee may consider interested persons, seek other nominees and may nominate any division member regardless of expressed interest with the permission of the member.  The nominating committee shall inform the president of the division of its recommended nominees on or before December 15 for communication to the board of directors.

5.4  Slate of Nominees.  The 10-signature nominees and the nominees recommended by the nominating committee shall constitute the slate of nominees for officers and directors, except that before January 15 in the year of the election the board of directors may add or delete any nominee not selected under the 10-signature procedure.

5.5  Written Statements and Bibliographic Statements.  The division shall provide an opportunity for all candidates for the office of president-elect to distribute a written statement to the division members at division expense, at the time the ballots are distributed under section 5.7.  Any candidate for any office may submit a short biographical sketch to be included with the ballots under Section 5.7.

5.6  (Vacant Subsection Number).

5.7  Ballots.  On or before January 15 in each year, the chairperson of the nominating committee shall forward the ballot to the staff of the State Bar for distribution on or before the first Friday in February in each year to each member of the division entitled to vote.  The ballot sent to persons entitled to vote shall contain the names of the nominees for the offices of president-elect, secretary, treasurer and members of the board of directors.  If any person entitled to vote at such election fails to receive a ballot, a replacement ballot shall be furnished by the president of the division if requested by the member within 7 days after the mailing.

5.8  Election Period.  Unless otherwise determined by the board of directors the election period shall coincide with the election period for officers of the State Bar.

5.9  Canvassing.  The chairperson of the nominating committee shall arrange to have the State Bar staff canvass the ballots and notify the president of the division of the results.  Upon completion of the canvass, the State Bar’s staff shall retain the ballots for at least 10 days after the first meeting of the board of directors.

5.10  Election Results.  The candidate receiving the highest number of votes for an office shall be declared elected and the candidates receiving the highest numbers of votes for pending vacancies on the board of directors shall be declared elected.  In case of a tie vote for an office, or for the remaining vacancy on the board of directors, the board of directors shall determine the successful candidate by lot drawn by the board.  The board of directors shall certify the results to the president who shall promptly notify the candidates and cause an announcement of the results to be made in the “Wisconsin Lawyer”.

Article VI - Meetings of the Division

6.1  Division Meetings.  Meetings of the division membership may be called by the president or by a majority of the board.  Such meetings shall be held at the annual or midwinter meetings of the State Bar.  A membership meeting shall be called by the secretary upon the written request of 50 members of the division.  The meeting shall be held within 6 weeks of such a written request.  Notice of the time and place of the meeting shall be distributed to division members at least 2 weeks in advance.

6.2  (Vacant Subsection Number).

6.3  Quorum.  The members of the division present shall constitute a quorum for the transaction of business at division meetings called by the president or by a majority of the board.  At all division membership meetings called by the secretary upon the written request of 50 members of the division, 50 members shall constitute a quorum.  The latest edition of Robert’s Rules of Order shall govern the proceedings.

Article VII - Selection of Division Member to State Bar Board of Governors

7.1  Board of Governors Member.  The president of the division shall represent the division on the State Bar board of governors.  The term shall coincide with the term of president.  The president may designate another board member to represent the division on the State Bar board of governors.  When the president is unable to attend a meeting, the president-elect may represent the division at said meeting.  In case neither the president nor the president-elect is able to attend a meeting of the board of governors, the president may designate another board member to represent the division.

Article VIII - Committees

8.1  President Designates.  The president, with the approval of the board, shall designate committees, define their duties and appoint chairpersons and members.

Article IX - Amendments

9.1  Amendment Procedure.  These bylaws may be amended at any time by the board of directors.  Any amendment to the bylaws shall be effective upon approval of the board of governors of the State Bar.

As approved by the State Bar Board of Governors June 24, 1998
Revision approved by BOG September 14, 2007

Government Lawyers Division