ARTICLE I - NAME/PRINCIPAL OFFICE

Section 1. Name.

The name of this association (the Association) shall be the Nevada County Bar Association.

Section 2. Principal Office.

The principal office for the transaction of Association business shall be at an address in the County of Nevada, State of California, as may be fixed from time to time by the executive committee.

ARTICLE I - MEMBERSHIP

Section 1. Eligibility.

Any lawyer who is a member of the bar in this state in good standing, or who comes within the category of associate member, as defined in Section 2 below, may become a member of this Association upon application and payment of dues.

Section 2. Classes of Membership.

There shall be three classes of membership, as follows:

(a) Regular: any person licensed to practice law by the Supreme Court of the State of California, who is neither an associate nor honorary member, shall be a regular member.

(b) Associate: Any person licensed to practice law by the Supreme Court of the State of California, who devotes less than ten percent of his gainfully employable time in the active practice of the law, may be an associate member.

(c) Ex-Officio Honorary: All judges of the courts of the United States, the Justices of the Supreme Court of the State of California, the Justices of the Third District Court of Appeals, the Judges of the Nevada, and Sierra County Superior Courts, during the time that they shall respectively hold such offices shall be ex-officio members of this Association without the payment of fees and with all privileges of the members except those of voting and sharing in the assets of this Association.

Section 3. Privileges.

Active regular members shall enjoy all privileges of the Association including voting and holding office. associate and ex-officio honorary members shall not be eligible to vote, hold office in the Association, or participate in the Judicial Evaluation Survey or Plebiscite, but shall have all other rights and privileges of active regular members.

Section 4. Termination of Membership.

Regular and Associate membership may be terminated by death, resignation, by non-payment of dues, elevation of a member to a Judge or commissionership, or by suspension by the State Bar, or disbarment from the State Bar. Upon termination, all rights of a member in the Association and in its property shall cease, however such termination shall not relieve the terminated member from any obligation to the Association.

Section 5. Non-Liability of Members.

A member of the Association shall not solely because of such membership be personally liable for the debts, obligations or liabilities of the Association.

Section 6. Indemnification.

The Association shall have the power to indemnify its agents and officers to the maximum extent permitted by California law.

ARTICLE II - DUES AND FEES

Section 1. No Admission Fee.

There shall be no admission fee to this Association.

Section 2. Annual Dues.

Annual dues are payable on or before January 1 for each year as follows:

(a) Regular Member $60.00

(b) Associate Member $25.00

(c) Family Law Section Members $60.00

Section 3. Mid year Membership Dues.

A person who has not previously been a member of this Association and who becomes a member after July 1 of any year shall only be required to pay one-half the amount of the dues in such member's classification for the calendar year.

Section 4. Failure to Pay Dues.

Any member who fails to pay his dues at or before the annual meeting shall be given written notice that such member's dues are delinquent. If dues are not then paid by March 31st, such person's membership shall automatically terminate.

Section 5. Members in Military Service.

Members who are on active duty in the military service of the United States shall be exempt from the payment of dues unless such service becomes a member's permanent vocation.

Section 6. Special Assessments.

Special assessments may be made upon the membership at large providing written notice of the proposal assessment is given to the membership at large not less than fifteen (15) days prior to the vote thereon and the assessment is passed by two-thirds vote of the members present.

ARTICLE III - MEETINGS

Section 1. Annual Meeting.

The annual meeting to the association shall be held at a place and time to be selected by the executive committee in February. Written notice of the time and place of the annual meeting shall be given to all members at least two (2) weeks in advance of the meeting.

Section 2. Other Regular Meetings.

In addition to the annual meeting, there may be additional regular meetings each year.

The time and place of such meetings shall be designated by the president or the executive committee. Notice of each such meeting shall be given in the same manner as notice of the annual meeting. Any association business may be transacted at such meeting if a quorum is present.

Section 3. Special Meetings.

Special meetings may be called by the president or by a majority of the executive committee, or by ten members in writing.  Members shall have seven (7) days advance written notice of the time, place, and object of the meeting.

Section 4. Quorum.

At all meetings, 7 of the members of the Association shall constitute a quorum for transaction of business. The latest edition of Robert's Rules of Order shall govern the proceedings.

Section 5. Order of Business.

At each stated meeting the order of business shall be as follows:

(a) Reading of the minutes of previous meeting.
(b) Report of Secretary and Treasurer
(c) Report of Standing Committees.
(d) Report of Special Committees.
(e) Report of President.
(f) Old and New Business.

This order of business may be changed by a vote of a majority of the members present.

ARTICLE IV - OFFICERS

Section 1. Terms of Office.

The president, vice-president, secretary, and treasurer shall be elected for one (1) year terms at the annual meeting as provided in Article III, Section 1. The respective normal term of the office of president, vice-president, secretary, and treasurer shall commence on the date of the annual meeting and terminate one (1) year later.

Section 2. Vacancies.

A vacancy shall exist if a person holding Association office is deceased, becomes disabled, resigns, has his or her membership terminated as provided herein, or for any other reason, is unable to fulfill the duties of said office.

(a) If the office of president should become vacant, the vice-president shall become president of the Association for the unexpired term of office and continue to occupy the office of vice-president.

(b) A vacancy in the office of vice-president shall be filled by vote of a majority of the membership by written secret ballot.

(c) If any office other than that of president and vice- president becomes vacant, the office shall be filled by the executive committee.

Section 3. President.

The president shall preside at all meetings of the Association and the meetings of the executive committee. The president shall perform all duties ordinarily incident to the office and shall recommend such action as the president deems proper.

Section 4. Vice-President.

The vice-president shall act as president in the absence of the president, plan programs in cooperation with the executive committee and perform such other duties as may be assigned him/her by the president of the Association.

Section 5. Secretary

The secretary shall keep minutes of meetings, send out notice, and shall be the custodian of the Association correspondence files. The secretary shall act as administrative assistant to the president, shall in the absence of the president and vice-president, perform the duties of said offices, shall assist the committee chairs in carrying out committee work, and shall perform such other duties as may be assigned to the secretary by the executive committee. Upon being succeeded in office, the secretary shall turn over all Association records and correspondence to the successor.

Section 6. Treasurer

The treasurer shall receive and disburse all funds of the Association and shall deposit and invest its money in a manner approved by the executive committee. The treasurer shall submit at the annual meeting, a report of monies received and expended amounts due the Association and an estimate of the resources and expenditures for the ensuing year.

Section 7. No Compensation of Officers.

All officers and members of this Association shall serve without compensation.  However, the executive committee may award its members a discount of $10 on some or all events in a calendar year in recognition of the fact that executive committee members are encouraged to attend all events and receive no compensation for their service.

ARTICLE V - NOMINATION AND ELECTION OF
OFFICERS AND OTHER EXECUTIVE COMMITTEE MEMBERS

Section 1. Call for Special Election.

If a vacancy occurs in the office of vice-president, the president shall, within one (1) month, call for a special election to fill said vacancy by giving written notice of the call to the executive committee and the membership.

Section 2. Candidates.

Nominations of candidates for each elective office shall be made at the meeting.

ARTICLE VI - COMMITTEES

Section 1. Executive Committee.

The executive committee of this association shall consist of the president, the vice-president, the secretary, the treasurer, and any member in attendance. The Committee's duties shall be to plan association activities, to represent the association, and to manage its affairs.

(a) Meetings. The executive committee meets monthly and additional meetings may be called by the president or upon written request of any two of its members. Executive committee meetings are open for attendance by any member.

(b) Quorum. At all meetings of the executive committee, three (3) members thereof shall constitute a quorum for the transaction of business.

Section 2. Standing Committees.

Standing committees of this Association may be designated from time to time by the executive committee, including:

(a) Ethics Committee
(b) Library Committee
( c) Social Committee

Section 3. Special Committees.

The executive committee may appoint special committees and define their duties. Special committees shall automatically cease to exist at the end of the term of office of the appointing executive committee unless continued by the new officers elect comprising the executive committee.

(a) Education/Legislative Committee. The Education/Legislative Committee shall monitor pending legislation affecting the practice of law and shall, as its deems advisable, recommend positions to be taken on behalf of the Association as to such legislation or as to proposed legislative programs to the membership. The Education/Legislative Committee shall report periodically to the executive committee which may also make recommendations to the membership. Any position taken shall be by a vote of the membership at large. The Education/Legislative Committee shall address the provision of continuing education of the bar to Nevada County. The Education/Legislative Committee shall adopt a definitive program to get CEB to the Nevada County legal community.

(b) Courts Bar Relations Committee. The Courts Bar Relations Committee shall work to insure an exchange of information, ideas, and suggestions between the Judges of the Courts of Nevada County and the bar regarding methods to improve the provision and efficiency of services and access to the Courts.

(c) Law Day Committee. The Law Day Committee shall work on the provision of appropriate programs and services for observation of Law Day and Law Week within the community.

(d) MCLE Committee. The MCLE Committee shall arrange for special seminars for the purpose of providing matters of interest to the members and for which MCLE credit shall be provided, as approved by the State Bar, for attendance at such seminars.

(e) Fee Arbitration Program Committee. The Fee Arbitration Program Committee shall oversee the Association’s Fee Arbitration Program with its primary function being making recommendations to the Association for changes to the rules of procedure of the program and seeking volunteers to serve as fee arbitrators.

ARTICLE VII - APPROPRIATIONS AND EXPENSE

Section 1. The Treasurer may appropriate funds to reimburse or advance documented incidental expenses of officers or committees not to exceed the sum of $200 without majority vote of members present at any meeting, including meetings of the executive committee, where a vote is taken. Non-event expenses exceeding $200 shall require approval by a majority vote of the executive committee; non-event expenses exceeding $500 shall require approval by a majority vote of the members.

ARTICLE VIII - AMENDMENTS TO BYLAWS

Section 1. The Association’s Bylaws may be adopted, amended or rescinded by a majority vote of the members present and voting at any annual regular or special meeting provided that notice of such proposed change shall be given in writing to all members one (1) week in advance of the meeting at which the vote is to be taken.

ARTICLE IX - DELEGATES TO THE STATE BAR ANNUAL MEETING

Section 1. Delegates.

Delegates to the Annual meeting of the Conference of Delegates of the State Bar of California shall be selected by the executive committee after notice to the membership of the opportunity to seek appointment. Registration fees for the Association delegate may be paid by the organization with the approval of the membership.

Section 2. Alternate Delegates.

Alternate delegates to the Annual meeting of the Conference of Delegates of the State Bar of California shall be appointed by the executive committee. The alternate delegates shall equal in number the number of delegates to which this Association is entitled and shall be appointed for terms of one (1) year each, provided, however, the secretary shall be appointed by the executive committee as one of the alternate delegates.

ARTICLE X - CONCERNING JUDICIAL CANDIDATES

Section 1. Plebiscite.

As soon as practicable after the list of candidates for any appointment for Judge of the Superior Court of the County of Nevada or District Attorney is determined as the law may require, the executive committee may conduct a plebiscite on all candidates for such office/offices or, in the absence of a legally established list, on all candidates for such office known to the executive committee.

(a) The secretary shall request each candidate to prepare a biographical resume not to exceed two hundred fifty (250) words in length and return it within the time set by the executive committee to the secretary. After expiration of the deadline date, the secretary shall cause to mailed to each member the biographical resumes submitted to him together with the ballot provided in subsection (b) of this section.

(b) The secretary shall cause to be prepared and mailed to each member, a ballot containing the names of all candidates for each contested office, which shall be in such form of highly qualified, qualified, not qualified, or no opinion, but the ballot must provide an opportunity for each member to rank the candidates for each office from best to least qualified. Accompanying instructions shall provide that after marking his ballot, the member should return it, within a time set by the executive committee, to the secretary. Appropriate rules and regulations shall be made and enforced by the executive committee to insure secrecy of all ballots. After the time has expired for the return of ballots, they shall be canvassed as directed by the executive committee and the results thereof shall be certified to the executive committee by the secretary. The executive committee may thereupon make known to the public through the news media the results in the following manner:

(1) The total number of members to whom ballots were sent;
(2) The total number of ballots cast;
(3) The number of votes cast for each candidate; and
(4) The public also be informed of results of qualifications of each candidate in such form of highly qualified, qualified, not qualified, or no opinion and of the results of the ranking.

(c) The Association shall make no recommendations or endorsement of any candidate for election to judicial office or Office of the District Attorney except as provided in this Article. Except as provided in paragraph (b) of this section, the executive committee, all members thereof, and all officers are prohibited in their official capacity or as representatives of the Association, from endorsing or expressing any opinions concerning the qualifications of or preference for any candidate for election to judicial office, or Office of the District Attorney.

(d) Nothing contained herein shall be construed as a limitation on the right of any member in his individual capacity to endorse any candidate or to express his opinion concerning the qualification of or preference for any candidate.

Section 2. Confidential Evaluation of Candidates for Appointment to Judicial Office

Upon a vote of the membership after notice via the newsletter or otherwise for a given vacancy, the Association may evaluate applicants for appointment by the Governor to a judicial vacancy in a confidential process by which the applicants are made known only to the members of a committee selected for that purpose by the executive committee after notice to the membership of the opportunity to seek appointment to the committee.

Section 3. Evaluations.

In the evaluations of judges and justices for all other courts, the Association shall base such evaluation on their overall performance according to the Code of Judicial Conduct. Any evaluation of a judge or a candidate for office should disclose any personal interest or involvement by the evaluator and should not be affected by partisan politics. Any and all criticism and/or praise of state judges or justices shall be tempered with the knowledge that the judges and justices cannot defend themselves in public debate and the dignity and decorum of Judicial office should be respected and preserved.

ARTICLE XI - SECTIONS

Section 1. As used in this Article, a section will be defined as a group of members of the Association who desire to provide educational matter in a particular area of the law.

Section 2. The executive committee may recognize an application from such group of lawyers.

Section 3. Each member of the section shall be a member in good standing of the Nevada County Bar Association.

Section 4. Upon recognition, each section shall be afforded privileges and service as determined from time to time by the executive committee for administrative and fiscal support.

Section 5. Each section shall designate a contact person, who shall be a member of the Association, and who shall be the sole contact between the section and the Association.

Section 6. A section found to be in violation of these rules may, upon majority vote of the membership, be disassociated (as a section) from the Association.

Section 7. No section, or any of its members, shall make any public comment or endorsement, or take a position on any matter of public or legal interest, in the name of or on behalf of the Association without the express prior written permission of the executive committee of the Association.

ARTICLE XII - RECORDS

Section 1. The Association shall keep adequate and correct records of account and minutes of all meetings. The Association shall also keep a record of its members giving their names and addresses and class of membership held by each. Minutes shall be kept in written form. Any member may inspect and copy, at the member’s own expense, the records of the Association upon reasonable demand.

ARTICLE XIII - FEE ARBITRATION PROGRAM

Section 1. The Association shall administer a Fee Arbitration Program for the arbitration of fee disputes between a client and his or her attorney, which attorney shall be admitted to practice law in the State of California and maintain an office or offices in the counties of Nevada, Placer or Sierra, subject to the rules and regulations promulgated by the Board of Governors of the State Bar of California and as the Fee Arbitration Program is approved by the State Bar of California. A member shall be appointed by the executive committee to act as the Executive Administrator of the Fee Arbitration Program. The fees and rules of the Fee Arbitration Program shall be set and made by a majority vote of the membership at the annual meeting or at any regular meeting and shall be subject to approval by the State Bar of California. The current rules and fee schedule are attached hereto as Appendix A and incorporated herein by reference.

CERTIFICATION

I, the undersigned, certify the following:

1. I am the Secretary of the Nevada County Bar Association.

2. At the annual meeting of members held on February 8, 2006, by a majority vote of the members present at the meeting, the foregoing Bylaws were approved.

In witness whereof, I have here unto set my hand.