State Bar of Wisconsin

BYLAWS OF THE INDIAN LAW SECTION STATE BAR OF WISCONSIN

ARTICLE I

Name and Purpose

Section 1. Name. The name of the Section shall be "Indian Law Section of the State Bar of Wisconsin" (the "Section").

Section 2. Purpose. The Purpose of this Section is to bring together members of the State Bar of Wisconsin who have a special interest in the field of Indian law; to encourage communication and exchange of ideas between attorneys who encounter Indian law issues or practice in the field of Indian law, including attorneys in private practice, and attorneys who work in government and industry; to participate in the presentation of educational seminars on Indian law; to disseminate information concerning Indian law developments through meetings, programs and publications; to further the development and improvement of Indian law by commenting, where appropriate, on proposed state and federal legislation; and to provide support and assistance to attorneys in their relations with any individual, group or other lawful entity that is involved with issues of concern to American Indians.

ARTICLE II

Membership and Dues

Section 1. Eligibility for Membership. Any person who is a member of the State Bar in good standing shall be eligible for membership in the Section.

Section 2. Application for Membership. Any person eligible for membership in the Section may become a member ("Member") upon completing the appropriate State Bar of Wisconsin application form and payment of Section dues, if any.

Section 3. Dues. Dues may be assessed to Members of the Section in such amounts and for such purposes as the Board of Directors of the Section may from time to time determine. Payment of such dues shall be a requisite to continued membership in the Section.

ARTICLE III

Meetings

Section 1. Section Meetings. The Section shall meet in conjunction with the Annual Meeting of the State Bar and at such other times and places as the Board shall direct.

Section 2. Notice of Meeting. The general notice of the annual meetings given by the State Bar shall constitute notice of the Section meeting for purposes hereof.

A notice published in a newsletter of the Section, on the Section’s listserve, or in the Wisconsin Lawyer or other general publication of the State Bar sent to the Members of the Section shall be considered sufficient notice of any meeting.

Section 3. Quorum and Procedure. Eleven Members shall constitute a quorum for any meeting of the Section. When a quorum is present, action may be taken by a majority of those present and voting. Meetings shall be conducted so that the sense thereof may be determined and so that any Member present may have a reasonable opportunity to be heard, but strict adherence to parliamentary rules is not required. Voting by proxy will not be permitted.

Section 4. Powers of Meetings. Any business of the Section may be dealt with by a majority of the Members present and voting at any regular or duly called special meeting of the Section at which a quorum is present. A special meeting may deal only with matters encompassed within the stated purpose of that meeting.

ARTICLE IV

Officers

Section 1. Officers of the Section. The Officers of the Section shall consist of a Chairperson, Vice Chairperson and Secretary, each of whom shall be elected by the Section, and each of whom shall be Members of the Section.

Section 2. Election of Officers. The officers shall be elected by the Members at the annual meeting of the Section.

Section 3. Term. The term of office of the officers shall be from the time of their election until the next annual election and until their successors shall be elected and qualify. In the event an officer is unable to complete the term for which elected, the Board of Directors, at its next meeting following knowledge of such inability, shall appoint a successor officer for the balance of the unexpired term of such officer.

Section 4. Duties of the Chairperson. The Chairperson shall preside at all meetings of the Section and at all meetings of the Board of Directors; perform the duties customary to that office; endeavor to lead the Section so as to accomplish its purposes; appoint an acting secretary in the event the Secretary is absent; appoint members of the Standing Committees of the Section; appoint such special committees as are necessary for the proper functioning of the Section and appoint members thereof; requisition funds from the State Bar, including funds received from Section dues, as authorized by the Board of Directors; and prepare for the State Bar an annual report of the activities of the Section if requested.

Section 5. Duties of the Vice Chairperson. The Vice Chairperson shall act as Chairperson in the event of the Chairperson's absence or inability to serve and during any period in which the office of Chairperson is vacant. If not elected to the position of Chair following the end of their term, the Vice Chairperson shall remain on the board for one (1) year as the Immediate Past Vice Chairperson.

Section 6. Duties of Secretary. The Secretary shall act as secretary of the Section and Board of Directors and of all meetings of the Section; take minutes of meetings; be the custodian of all records and papers belonging to the Section; maintain a list of the members of the Section with the latest information provided as to their post office addresses.

ARTICLE V

Board of Directors

Section 1. Membership. The Board of Directors of the Section shall consist of six (6) Directors elected by the Members, the officers of the Section and the immediate past Chairperson.

Section 2. Ballot. On or before February 1 of each year the Chairperson may appoint a nominating committee. The nominating committee shall choose a nominee for each directorship to be voted upon by the Members, and shall certify to the Secretary in writing on or before March 15 the names of the persons so chosen. Any Member of the Section in good standing shall be eligible for nomination as a Director. Any member of the Section in good standing may request that his or her name be placed on the ballot. The names of the persons to be voted upon by the Members, identified by either of the methods herein provided for, shall be forwarded the State Bar so as to be placed on a ballot to be mailed to the Members on or before May 15.

Section 3. Term. The term of Directors shall be for three (3) years commencing with the Annual Meeting of which such Director shall have been elected. No Director shall serve for more than six consecutive years or after such Director shall no longer be eligible for membership in the Section. In the event a Director is unable to complete the term for which elected, the Board of Directors, at its next meeting following knowledge of such inability, shall appoint a successor Director to serve for the unexpired term of such Director.

Section 4. Election. Directors shall be elected by a mail ballot sent to all current Members on or before May 15 Each Member shall have the right to vote. The ballots shall be counted by a representative from the State Bar of Wisconsin and the two nominees receiving the highest number of votes shall be elected.

Section 5. Procedure. Five or more members of the Board of Directors present at a meeting duly called shall constitute a quorum for conducting any business of the Section. When a quorum is present, action may be taken by a majority of those present and voting. Notice of meetings shall be given by the Chairperson or the Secretary and may be given orally or in writing. By unanimous consent, the Directors my take any action which could have been taken at any meeting of the Board of Directors duly called and held.

Section 6. Duties and Powers. The Board of Directors shall be responsible for conducting the business of the Section to accomplish its purposes, and shall have the power to authorize disbursements of funds from the State Bar collected from Section dues, if any.

Section 7. Removal. The Board of Directors shall be responsible for conducting the business of the Section to accomplish its purposes, and shall have the power to authorize disbursements of funds from the State Bar collected from Section dues, if any.

ARTICLE VI

Committees

Section 1. Committees. The Section may have a Nominating Committee, a Program Committee, and such other special committees as the Chairperson may establish from time to time. The Chairperson shall appoint, from the Members, the chairperson and members of any committee of the Section. The members of each committee shall serve until the next Annual Meeting following their appointment, and until their successors are appointed, and may succeed themselves.

Section 2. Duties of Committee. Each committee shall perform such functions as may be assigned to it, and shall make investigations and studies and reports thereof when required to do so by the Chairperson, the Board of Directors or by a meeting of the Section.

Section 3. Nominating Committee. The nominating committee, which shall consist of three members of the Board of Directors, shall perform those functions referred to in Article V, Section 2. In selecting its nominees, the Committee is requested to give consideration to achieving a balance among Members engaged in various specialties and to the willingness of individual Members to serve.

Section 4. Program Committee.The Program Committee shall prepare appropriate programs for the Section at the annual meetings of the State Bar and for such other meetings as the Board of Directors or the Program Committee shall deem to be of interest to Members.

ARTICLE VII

Public Policy Issues

Section 1. Scope of Public Policy Activities. The Indian Law Section may provide comment to public policy issues, become involved in public policy activities or seek legislative remedies on matters that affect the following issues and/or areas of law: matters involving the administration of justice in Indian Country or affecting sovereignty and jurisdiction of Indian tribes or affecting the rights of Indians as Indians under state or federal law.

Section 2. Public Policy Positions. The board of directors may express an opinion on matters of public policy under the following conditions:

a. Relevance. The matter is within the scope of the section, and is one on which the section’s view would have particular relevance.
b. Procedures. The public policy position is taken in accordance with Section bylaws.
c. Section Position Only. The public policy position is clearly adopted on behalf of the Section only and is relayed only as a Section position.
d. Summary. A summary of the position is provided to the Board of Governors or its Executive Committee.

Section 3. Procedures. The Section board adopts a public policy position under the following conditions:

a. The position is not in conflict with a public policy position of the State Bar of Wisconsin,
b. The Section Board has approved the position by a minimum 60 percent majority vote,
c. All votes have been individually cast by each Board member,
d. The Section Board will reaffirm policy positions every 2-year legislative session.

Section 4. Conflict Resolution. The Section will use uniform conflict resolution procedures as established by the Executive Committee or the Board of Governors to resolve conflicting public policy positions between Sections.

ARTICLE VIII

Amendments The Bylaws of the Section may be amended, from time to time, by the majority vote of the Directors at any Board of Directors meeting held concurrently with an Annual Meeting, or at a special meeting of the Board of Directors called for the purpose, or by a majority vote of the Members at the Annual Meeting. No amendment shall be adopted or be effective which shall be inconsistent with the purposes of the Section or with the Bylaws of the State Bar. Amendment of the Bylaws shall be subject to approval of the Board of Governors.

Approved by Board of Governors
3-02-01
Revised July 22, 2005
Revised May 2, 2006

Indian Law Section