Article I – Members
The Council is comprised of attorneys elected or appointed in accordance
with applicable provisions of Section IV, Rules of the Supreme Court for
the Organization and Government of the Virginia State Bar.
Article II – Election of Council
The election of members of Council for each circuit shall be by one of the
two following methods.
Sec. 1 Circuit Bar Meeting
Prior to March 1 of any year in which a Council member from the
circuit is to be elected, the executive director shall notify the
Chief Judge of the circuit of the need for a meeting of the bar of
the circuit and the number of vacancies to be filled. The executive
director shall obtain from the Chief Judge the date and location for
a meeting of the members of the circuit which shall be held prior to
May 1. The executive director shall give at least fourteen days
notice to the members of the meeting.
All members whose Virginia State Bar membership mailing addresses
are maintained in the circuit may attend and vote at the meeting. A
quorum shall consist of those members who vote at the meeting. No
member shall vote by proxy. Prior to the meeting, the executive
director shall transmit to the Chief Judge or the designated
presiding officer a list of the members whose names appear on the
membership roster for such circuit. The Chief Judge shall either
preside at the meeting, designate another active or retired judge of
the circuit to preside, or designate an attorney to preside who is
neither a candidate for election to Council nor associated in the
practice of law with a candidate nominated for election.
At the circuit meeting, any member eligible to vote in the circuit
who is not then serving a second successive full term on Council
shall be eligible for election. Nominations may be made at the
circuit meeting or by any member eligible to vote in the circuit. No
supporting petition or second for such nomination will be required.
After the nominations are closed, an election by written ballot
shall be conducted. In the event of a tie vote, the winner shall be
chosen by lot drawn by the presiding judge or his designee.
Within ten days after the meeting, the presiding officer or the
Chief Judge shall communicate the names of the person or persons
elected to the executive director.
Sec. 2 Ballot
On or about March 1, the executive director shall cause to be
distributed by mail or electronic means to every member eligible to
vote in the circuit a notice of any vacancy or vacancies on Council,
and a brief description of the method of nomination and voting. All
members whose Virginia State Bar membership mailing addresses are
maintained in the circuit are eligible to vote.
Nominations for election to Council shall be by petition filed by
the candidate with the executive director. Such petition shall be
signed by not fewer than ten other members eligible to vote in the
circuit, and shall be accompanied by a statement of qualifications
not exceeding one hundred and fifty words. Nominations must be filed
in the office of the executive director on or before April 1. Any
petition failing to comply with these requirements shall be
rejected.
On or before April 15, the executive director shall distribute by
mail or electronic means to all eligible members of the circuit a
ballot containing the names of all persons nominated, along with
each nominee's statement of qualifications.
The form of the ballot and the procedure for distribution,
collection and tabulation of ballots shall be determined by the
executive director. In the event of a tie vote, the executive
director shall pick the winner by lot. No ballot received by the
executive director after May 1 shall be counted.
Write-in votes shall be permitted, but the executive director may
exclude illegible write-in votes and shall exclude write-in votes
for any candidate ineligible to serve pursuant to these bylaws, if
elected. In those instances where there are more candidates for
Council positions than there are positions to be filled from the
circuit, the ballot will contain instructions to vote only for the
same number of persons or fewer person(s) as there are positions to
be filled; ballots which do not conform to this requirement will not
be counted.
General Provisions
The following provisions shall be applicable to both methods of
election:
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The timeline for special elections to fill vacancies on Council
shall be determined by the executive director.
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For purposes of these provisions, a "member" is an active member
in good standing of the Virginia State Bar. Only such person may
nominate, be nominated, vote or be elected in any Council
election.
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Records maintained by the executive director as to membership,
good-standing status and assignment of a member to a particular
circuit shall be controlling.
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The failure to comply with the dates designated for the occurrence
or completion of certain acts shall not invalidate any election
unless substantial prejudice can be shown to have resulted
therefrom.
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In all elections the candidate receiving the highest number of
votes shall be elected.
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In the event that more than one full term is to be filled by a
circuit at any single election, the candidates receiving the
highest number of votes shall be elected.
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In the event that a regular election and special election to
fill an unexpired term are held simultaneously in the same
circuit, they shall be conducted as a single election and the
successful candidate receiving the highest number of votes
shall be entitled to choose either a regular term or the
unexpired term, with the choice passing down in order until
the unexpired term is selected. The successful candidate(s)
receiving the lower number of votes shall be elected to fill
the term(s) not chosen. In the event two or more unexpired
terms are to be filled in the same election, the longer
unexpired term(s) shall go to the successful candidate(s)
receiving the highest number of votes who choose(s) to fill an
unexpired term.
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As a part of the election process in each circuit under these
bylaws, the voting members of the circuit shall prescribe the
method for that circuit's next election and, in the event of a
meeting, shall determine the length of time during which
ballots may be cast in the next election, not to exceed one
business day. A vote to change the method of election shall be
by majority of votes cast. The ballot in each circuit's
election shall provide a space for the voting member to
indicate a preference for one of the two election methods
described by these bylaws. For the meeting method, the ballot
shall also provide a space to indicate whether voting shall be
allowed all day, half day or only during the meeting. No
quorum call shall be required for any meeting.
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For purposes of determining voter and candidate eligibility,
the membership list maintained by the executive director as of
March 15 shall be controlling. Except to correct clerical
errors in records maintained as of that date, no changes in
circuit membership, revisions or additions to the membership
list for purposes of the election shall be made after March
15.
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The executive director shall announce to the bar the results
of the election for the office of Council.
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Any challenge to an election shall be resolved by a committee
which shall be chaired by the president and shall include the
president-elect, the immediate past president, and two members
of Council appointed by the president who shall not be current
members of the Executive Committee.
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Should a member of Council change his or her address of record
from the circuit he or she represents, his or her seat shall
be declared vacant. A vacancy among the elected members of
Council shall be cause for a special election to occur for the
unexpired term of the vacant seat.
Article III – Secretary-Treasurer [Executive Director]
Sec. 1.
The Secretary-Treasurer [Executive Director] shall perform all duties
prescribed by the Rules and these by-laws, and in addition such other
duties as may be delegated to him from time to time by the Council or
Executive Committee. He or she shall act as Secretary of the Bar, of the
Council and of the Executive Committee.
Sec. 2.
The Secretary-Treasurer [Executive Director] shall give bond of $250,000
with corporate surety conditioned for the faithful performance of his or
her duties, the premium of which shall be paid by the bar.
Article IV – Notices of Meetings
The Secretary shall give twenty days' notice by mail of all meetings of
the Council, and five days' notice by mail of all meetings of the
Executive Committee. Notice of mailing shall commence on the date of
mailing.
Article V – Meetings
Sec. 1.
In the absence of specific action by the Council, the Executive Committee
shall fix the time and place of the annual meeting of the bar, and may
call any special meetings of the bar at such time and place as it shall
designate.
Sec. 2.
In the absence of specific action by the Council, the Executive Committee
shall fix the time and place of all meetings of the Council. There shall
be at least two meetings annually. Special meetings of the Council may be
called at any time by the Executive Committee. The Executive Committee
shall call a special meeting at the written request of twelve members of
the Council.
Sec. 3.
The Executive Committee shall meet on the call of the president or of the
president-elect and a meeting shall be called at the written request of
three members of the committee.
Sec. 4.
Proceedings at all meetings shall be governed by Roberts Rules of Order,
except that no member shall without unanimous consent speak more than
twice on any one subject or more than five minutes at any one time.
Article VI – Executive Committee
Sec. 1.
There shall be an Executive Committee consisting of thirteen members, six
of whom shall be elected annually by and from the Council, with the
president, president-elect, immediate past president, President of the
Young Lawyers Conference, Chair of the Senior Lawyers Conference, Chair of
the Conference of Local Bar Associations, and Chair of the Diversity
Conference serving as ex officio members.
Sec. 2.
A quorum of the Executive Committee shall consist of six members thereof.
Sec. 3.
The Executive Committee shall have authority to:
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Allocate funds as required for authorized bar purposes and functions
within amounts available to the bar;
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Employ such staff as it deems necessary and fix the duties and
compensation of such staff;
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Cause proper books and records of account to be kept and audited every
three years, and cause proper financial statements of receipts and
expenditures to be prepared and regularly presented to Council;
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Review annually the performance of the Executive Director, Deputy
Executive Director and Bar Counsel and set the compensation of each;
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Review matters which are placed on the agenda for Council meetings and
make recommendations to Council when appropriate; and
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Between meetings of Council, perform any other duties and powers
prescribed for Council under any of the rules of the Supreme Court of
Virginia, except such duties and powers as Council may reserve to itself
or delegate to other committees.
Article VII – District Committees and the Disciplinary Board
Sec. 1. District Committees
The several district committees provided for by Part 6, Section IV,
Paragraph 13 of the Rules of Court and elected by the Council shall be
known as District Committees under numerical designation of the respective
districts, for example, First District Committee, etc. A district
committee shall consist of ten or, in the discretion of Council, twenty,
thirty or forty members. Three members of a ten-member district committee,
six members of a twenty-member district committee, nine members of a
thirty member district committee, and twelve members of a forty member
district committee shall be non-lawyers. All other district committee
members shall be active members of the bar. No member of the Council shall
be a member of a district committee. All potential district committee
appointees shall fulfill the qualification requirements provided for in
Paragraph 13 before appointment.
Effective July 1, 1992, the District Committees shall be comprised of the
following judicial circuits:
- First District Committee: Circuits 1, 3, 5, 7 and 8
- Second District Committee: Circuits 2 and 4 (2 sections)
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Third District Committee: Circuits 6, 11, 12, 13 and 14 (3 sections)
- Fourth District Committee: Circuits 17 and 18 (2 sections)
- Fifth District Committee: Circuits 19 and 31 (3 sections)
- Sixth District Committee: Circuits 9 and 15
- Seventh District Committee: Circuits 16, 20 and 26
- Eighth District Committee: Circuits 23 and 25
- Ninth District Committee: Circuits 10, 21, 22 and 24
- Tenth District Committee: Circuits 27, 28, 29 and 30 (2 sections)
The Secretary shall notify the members of each district committee of their
appointments and each district committee shall meet within forty (40) days
thereafter and shall elect from their attorney members a Chair,
Vice-Chair, and Secretary and such other officers as they deem necessary.
Sec. 2. Disciplinary Board
The Council shall recommend persons to the Court for appointment as
members of the Disciplinary Board. The Disciplinary Board shall consist of
twenty members, four of whom shall be non-lawyers and sixteen of whom
shall be active members of the bar. The Council shall also recommend
attorney members of the Disciplinary Board to the Court to serve as Chair
and two Vice Chairs. All potential Disciplinary Board appointees shall
fulfill the qualification requirements provided for in Paragraph 13 before
appointment.
Article VIII – Standing Committees
Sec. 1. Committee on Legal Ethics
There shall be a standing committee to be appointed by the president
and to be known as the Committee on Legal Ethics. The committee
shall consist of nine active members of the bar, at least two of
whom shall be members of the Council. All powers and duties of the
Council with respect to legal ethics, not otherwise delegated or
reserved, shall be exercised and discharged by the committee.
Members shall be appointed to three-year terms. No member shall
serve more than two consecutive three-year terms. A member appointed
to fill an unexpired term shall be eligible to serve two additional
full three-year terms. An eligible member wishing to be reappointed
shall be required to reapply in writing prior to the end of his or
her current term under procedures established by Council and
administered by the executive director.
Sec. 2. Committee on Lawyer Discipline
There shall be a standing committee to be appointed by the president
and to be known as the Committee on Lawyer Discipline. The committee
shall consist of twelve persons, ten of whom shall be active members
of the bar and two shall be non-lawyers. In addition, the
vice-chairman of the Virginia State Bar Disciplinary Board shall be
an ex-officio, non-voting member of the committee. At least two of
the lawyers who are members shall be members of the Council. All
members shall serve a three-year term and the president shall
appoint members to the committee so as to allow for the retirement
from the committee of one third of its membership at the end of each
fiscal year. No member shall serve more than two consecutive
three-year terms. A member appointed to fill an unexpired term shall
be eligible to serve two additional full three-year terms. An
eligible member wishing to be reappointed shall be required to
reapply in writing under procedures established by Council and
administered by the executive director. All powers and duties of the
Council with respect to operation of the bar's disciplinary system,
not otherwise delegated or reserved, shall be exercised and
discharged by the committee.
Sec. 3. Budget and Finance Committee
There shall be a standing committee to be appointed by the president
and to be known as the Committee on Professionalism. The committee
shall consist of fifteen members, each of whom shall be an active or
judicial member of the bar. At least two of the committee members
shall be members of the Council, at least three shall be current or
former members of the faculty of the mandatory course on
professionalism, and at least one shall, when initially appointed,
be an officer or member of the board of governors of the Young
Lawyers Conference. In addition, the Virginia State Bar Counsel
shall be an ex officio member of the committee. All members shall
serve for a three-year term. No member may serve more than two
consecutive three-year terms. A member appointed to fill an
unexpired term shall be eligible to serve two additional full
three-year terms. An eligible member wishing to be reappointed shall
be required to reapply in writing under procedures established by
Council and administered by the executive director. All powers and
duties of Council with respect to the implementation of Paragraph
13.1 of Part Six, Section IV of the Rules of the Supreme Court of
Virginia, and with respect to professionalism in the practice of law
in Virginia, not otherwise delegated or reserved, shall be exercised
and discharged by the Committee
Sec. 4 Budget and Finance Committee
There shall be a standing committee to be appointed by the president
and to be known as the Budget and Finance Committee. The committee
shall consist of nine active members of the bar, three of whom shall
be elected members of the Executive Committee and three of whom
shall be other members of Council. In addition, the president-elect
shall serve as an ex officio member.
All members, other than the president-elect, shall serve three-year
terms. No member shall serve more than two consecutive three-year
terms. A member appointed to fill an unexpired term shall be
eligible to serve two additional full three-year terms. An eligible
member wishing to be reappointed shall be required to reapply in
writing under procedures established by Council and administered by
the Executive Director.
The committee shall perform such tasks as are delegated or assigned
by the Executive Committee and/or the Bar Council. The committee
shall work with appropriate members of the bar staff to develop the
bar's annual budget and present the budget to the Executive
Committee and Council for approval. The committee shall also be
responsible for reviewing and making recommendations with respect to
the bar's appropriation requests prior to their submission to the
Commonwealth of Virginia, Department of Planning and Budget. The
committee shall also be responsible for assessing and making
recommendations to the Executive Committee and Council regarding
other budget matters, including personnel issues which are
budget-related or budget-driven.
Sec. 5 Committee on Access to Legal Services
There shall be a standing committee to be appointed by the president
and to be known as the Committee on Access to Legal Services. The
committee shall consist of fifteen members, each of whom shall be an
active or judicial member of the bar. At least two of the committee
members shall be members of the Council. Additionally, at least one
of the committee members shall be a member of the Virginia Access to
Justice Commission; at least one shall be a staff attorney, director
or executive director of a licensed legal aid society; and at least
one shall be an executive director or director of Legal Services
Corporation of Virginia.
All members shall serve for a three-year term. No member may serve
more than two consecutive three-year terms. A member appointed to
fill an unexpired term shall be eligible to serve two additional
full three-year terms. An eligible member wishing to be reappointed
shall be required to reapply in writing under procedures established
by Council and administered by the executive director.
All powers and duties of Council with respect to advancing the
availability of legal services provided to the people of Virginia
and assisting in improving access to the legal system for all
Virginians, not otherwise delegated or reserved, shall be exercised
and discharged by the Committee.
Article IX – Votes by Mail or Telephone
By unanimous consent of the members of any committee, all questions before
such committee may be settled by mail ballot or telephone call.
Article X – Vacancies in Committees
All vacancies in committees appointed by the president shall be filled by
him. Vacancies in other committees shall be temporarily filled by the
president, his or her appointees to act until the next meeting of the
Council.
Article XI – Vacancies in Committees
The Council may create and abolish sections as it may consider necessary
or desirable to accomplish the purposes and serve the interests of the
Virginia State Bar and of the sections and shall prescribe the powers and
duties of the sections. The bylaws of any section shall be subject to
approval of Council.
Amending Bylaws
Upon motion of a Council member, the bylaws contained in either Section V
or Section VII may be amended at any regular meeting of the Bar Council
provided there has been at least 30 days' notice of the proposed amendment
to all Virginia State Bar members. Amendment of the bylaws must be by a
two-thirds vote of the Council members present and voting at that regular
meeting.
Revised by Council 2/27/21. Bylaws changes made to accompany the Part 6,
Section IV, Paragraph 4 changes approved by the Supreme Court 5/5/21,
effective July 5, 2021.
Revised by Council 10/23/20, effective immediately
Revised by Council 6/13/19, effective immediately
Revised by Council 10/24/14, effective immediately
Revised by Council 6/12/14, effective immediately
Revised by Council 6/13/13, effective immediately