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* American Bar Association - CONSTITUTION AND BYLAWS
section 4 og 4
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* American Bar Association - CONSTITUTION AND BYLAWS
section 4 og 4

RULES OF PROCEDURE OF THE HOUSE OF DELEGATES1 *
/* Adopted January 5, 1937; substantially revised August 11, 1969, July 21, 1971, August 11, 1982, and August 10, 1994. */

Article 41. Credentials and Admissions
§41.1 Delegates.
(a) The credentials of delegates to the House of Delegates must be filed with the Chair of the Committee on Credentials and Admissions at the headquarters office of the Association in such form as the Committee may prescribe.

(b) The Committee, without delay, shall send to the Secretary the names of those it finds are entitled to be delegates and the Secretary shall prepare a provisional roster of delegates. It also shall submit to the House the provisional roster, together with any report that the Committee considers appropriate. After the House has acted on the recommendation of the Committee, the Secretary shall prepare the permanent roster of delegates for that meeting.

(c) To be considered present at a meeting, a delegate must have signed the permanent roster for that meeting.

(d) Any member of the Association may examine a provisional or permanent roster.

§41.2 Membership Lists. If the Committee on Credentials and Admissions so requests, a state or local bar association or affiliated organization shall file with the Chair of the Committee, at the headquarters office of the Association, the most recent certified list of its
members in good standing.

Article 42. Meetings of the House
§42.1 Attendance. Meetings of the House of Delegates are open to all members of the Association, except that the House may vote to sit in executive session. Representatives of the news media may attend sessions of the House, except when it sits in executive session.

§42.2 Seating. A delegate shall be seated with the state or territory to which his or her Association membership is accredited. Nondelegates may not be seated in areas of the House of Delegates that are reserved for delegates except that

(a) in each even numbered year the representative of the Northern Mariana Islands Bar Association may be seated without a voice or vote, next to the delegate from the Guam Bar
Association;
(b) in each odd numbered year the representative from the Guam Bar Association may be seated without voice or vote next to the delegate from the Northern Mariana Islands Bar Association. Separate space on the floor may be provided for the chairs of sections or committees.

§42.3 Presiding Officer. The Chair of the House of Delegates shall preside at meetings of the House. If the Chair is present but is unable or declines to preside, and if there is no objection from the House, the Chair may appoint a temporary chair. If the Chair is not present, or if a temporary chair is not so appointed, the Secretary or the Secretary’s designee shall preside until the House by voice vote selects a temporary chair. The temporary chair shall cease to preside when the Chair resumes presiding.

§42.4 Duties of the Presiding Officer. The presiding officer shall:
(a) preserve order (the Chair may designate delegates to help do so);
(b) require that these Rules of Procedure be followed;
(c) decide questions of order and procedure; and
(d) provide generally for the expeditious handling of the business of the House of Delegates.

§42.5 Absence of Quorum. Unless a quorum is present, no motion, other than a motion to recess, adjourn, or direct the Secretary to request the attendance of absent delegates, may be made or considered.

§42.6 Parliamentary Authority. Robert’s Rules of Order Newly Revised (10th edition) shall govern the House in parliamentary situations that are not covered by the Constitution, the Bylaws, or these Rules of Procedure, unless the House otherwise directs.

§42.7 Distribution of Material. No material may be distributed in the House of Delegates without prior authorization of the Committee on Rules and Calendar.

Article 43. Order of Business
§43.1 Calendar. (a) The business at a meeting of the House of Delegates shall be conducted according to the calendar for that meeting. The Secretary shall distribute to the delegates a preliminary calendar for the meeting at least 15 days before the meeting. The Committee on Rules and Calendar shall present the preliminary calendar during the opening session of the meeting with such revisions as it considers appropriate. The final calendar for the meeting must be adopted by the delegates.

(b) At each meeting of the House, the calendar must include:
(1) approval of the summary of action of the previous meeting;
(2) presentation of any recommendation properly submitted by a state or local bar association or affiliated organization;
(3) presentation of any recommendation properly submitted by a section or committee of the Association; and
(4) presentation of any recommendation properly submitted by a member of the House of Delegates or a member of the Association.

(c) At each meeting of the House held at the annual meeting of the Association, the calendar must also include presentation of any recommendation to continue a special committee or commission.

(d) At each meeting of the House held at the midyear meeting of the Association, the calendar must include an informational report on the legislative priorities, to be presented as directed by the Chair of the House of Delegates.

§43.2 Special Orders. At any time during the meeting, any matter may be made a special order upon recommendation of the Committee on Rules and Calendar and by vote of two-thirds of the delegates present.

§43.3 Consent Calendar. Reports with recommendations that the Committee on Rules and Calendar finds will not be substantially opposed may be included on the consent calendar. Consideration of the consent calendar must be made a special order and all items on it shall be moved for approval without debate. By written request of a delegate to the Committee within the time prescribed by the House of Delegates, an item on the consent calendar shall be removed and made the subject of debate.

Article 44. Privileges of the Floor
§44.1 Privileges of the Floor. The privileges of the floor of the House of Delegates, without vote, are extended to nondelegates as follows:

(a) the chair of a section or committee, who may make a motion and who may speak relating to a report of that section or committee or any other matter within the jurisdiction of that section or committee;

(b) if a minority report is filed in connection with a report with recommendations, a representative selected by the minority, who may speak on the recommendation to present the view set forth in the minority report;

(c) any member of the Association, who may speak relating to a resolution filed by an Association member who is not a delegate;

(d) if the Chair approves, the administrative officer appointed by the Board of Governors may speak; and
(e) any person for whom the privilege is requested by a member of the House that is approved by two-thirds of the delegates voting may speak. The Committee on Rules and Calendar shall make a recommendation on each such request.

§44.2 Time Limits.
(a) A person may not speak more than once on the same question without the unanimous consent of the House of Delegates, except that the person who presented the report with recommendation under discussion may close the debate on it.

(b) A person presenting a report with recommendations (either as a main motion or as a motion to substitute) or a minority report may speak for not more than ten minutes in making such presentation, in addition to any right such person may have to close debate. A person may not otherwise speak for more than five minutes on the same question. No person may speak for more than five minutes in closing debate. If there is no opposition to a recommendation, at the discretion of the Chair of the House of Delegates, the presenter will have three minutes to present;

each subsequent speaker will have a maximum of two minutes; and the presenter may have two minutes to close. On recommendation of the Committee on Rules and Calendar, the House may, by a vote of two-thirds of the delegates voting, extend or reduce the time limitations provided for in this Section.

(c) Following adoption of a motion to cut off debate, the person who presented the report with recommendation under discussion may speak for two minutes to close debate.

(d) Oral informational reports may only be made on the recommendation of the Committee on Rules and Calendar, which must also recommend time limitations for such reports.

Article 45. Reports and Resolutions
§45.1 Reports Generally. A report must be concise, in writing and submitted to the Secretary not later than the date prescribed by the Committee on Rules and Calendar. A report may contain one or more recommendations to be considered by the House or it may be an informational report. Unless authorized by the Committee on Rules and Calendar, a report and recommendations may not exceed 15 pages in length. The Secretary shall have the material in the body of the report printed and shall distribute reports at least 15 days before the meeting of the House at which they are to be considered. Appendices need not be printed.

§45.2 Reports with Recommendations.
(a) A report of a delegate, section, committee, state or local bar association, affiliated organization or member that contains a recommendation to be considered by the House of Delegates may be considered only if:
(1) the recommendation proposes new policy or a change of policy, or reaffirms existing Association policy that has not been approved within the last ten years;
(2) the recommendation is accompanied by a written report;
(3) the report contains a statement of the reasons for the recommendation;
(4) the recommendation is set forth at the beginning of the report so as to distinguish the recommendation clearly from the body of the report, is in a style that facilitates consideration without confusion, and contains no recitals or supporting arguments;

(5) the report contains no language that commits the Association to a policy not set forth in the recommendation;
(6) the report shows that it has been approved by the governing body of the sponsoring entity;
(7) in the case of a recommendation proposing or opposing specific legislation, the report includes a complete summary of the phase of legislation under consideration together with relevant excerpts from the proposed bill, and five copies of the bill have been provided for the use of the Chair; and
(8) in the case of a recommendation calling for action that may result in expenditures, the amount needed is shown.

(b) Reports which do not comply with subsection (a) may be referred back to the sponsor by the Committee on Rules and Calendar without calendaring, with a written statement of the reasons for the referral. The sponsor must be given an opportunity to make any necessary corrections within the time constraints required by the Committee on Rules and Calendar. An appeal may be made to the House if the committee refuses to calendar the report.

(c) Once a report with recommendations has been calendared, it cannot be withdrawn without concurrence of the Committee on Rules and Calendar or a vote of the House. If the Committee concurs, the proponent of the report being withdrawn shall state the reasons for withdrawal to the House.

(d) Only the recommendation approved by the House of Delegates becomes policy of the Association.

§45.3 Informational Reports. Although such reports are not approved or adopted by the House, each section or committee may make a written informational report to the House of Delegates. The House may authorize its distribution to the public.

§45.4 Minority Reports. A minority report timely submitted in writing to the Secretary must be printed and attached to the majority report if:
(a) its proponents so request;
(b) it contains the signatures of the proponents; and
(c) the views in the minority report were presented by the time the majority report was adopted, unless the sponsor failed to notify its members in advance that the matter to which the minority report relates would be considered.

§45.5 Late Reports.
(a) A report with recommendations that is submitted after the date prescribed for receipt may not be considered unless the Committee on Rules and Calendar recommends waiver of the time requirement and the recommendation is approved by a two-thirds vote of the delegates voting. A request to submit a late report must be presented to the Committee on Rules and Calendar prior to the conclusion of the last scheduled meeting of that Committee before the
meeting of the House of Delegates at which it is to be considered. The Committee may recommend a waiver if it finds that action at the meeting is desirable because of pending legislation or for another reason important enough to justify its consideration at the meeting.

(b) An informational report that is submitted late shall not be calendared.

§45.6 State and Local Bar Association Reports with Recommendations. A report with recommendations that a state or local bar association proposes to submit to the House of Delegates must be presented to the Committee on Rules and Calendar prior to the conclusion of the last scheduled meeting of that Committee before the meeting of the House at which it is to be considered.

§45.7 Reference to Other Entities. (a) Before a delegate or sponsoring entity considers proposing a recommendation to the House of Delegates that relates to a subject which may be within the jurisdiction of any entity, the proponent shall promptly notify that group, inviting its comments and suggestions. Lack of such notice does not prevent the House from acting on the recommendation.

(b) An Executive Summary of reports with recommendations shall be sent to each delegate following the filing deadline and shall constitute notice that the matters are filed for consideration by the House of Delegates.

(c) No motion to postpone indefinitely House consideration of a recommendation to permit further study is in order unless the party seeking postponement has notified the sponsor of the recommendation and the Committee on Rules and Calendar of its intention to postpone prior to the conclusion of the last scheduled meeting of that Committee before the meeting of the House at which the recommendation is to be considered. This subsection does not apply to a recommendation in a late report.

(d) A pending recommendation, resolution, or motion may be referred by the House or the Chair to the Committee on Drafting for consideration and report as to scope, substance, or phraseology.

§45.8 Motions to Amend Recommendations. A motion to amend a recommendation must be in writing, unless the amendment contains six or fewer words. The Chair of the House may require that a copy be made available to each House member before a vote is taken.

§45.9 Law School Accreditation
(a) The Council of the Section of Legal Education and Admissions to the Bar shall advise the House of an action granting or denying provisional or full approval to a law school, or withdrawing the approval of a law school. No action of the House is required unless the law school appeals a denial or withdrawal of approval pursuant to Section 45.9(b). A decision of the Council to grant provisional or full approval is effective upon the action of the Council. A decision of the Council to deny or withdraw approval is effective upon expiration of the period provided for filing a notice of appeal under Section 45.9(b)(1) if the law school fails to file a timely notice of appeal, or, if a timely notice of appeal is filed, upon concurrence by the House in the decision of the Council.

(b) An appeal to the House from an action of the Council of the Section of Legal Education and Admissions to the Bar denying provisional or full approval to a law school, or withdrawing approval of a law school, shall be considered in accordance with the following procedures:

(1) Notice of the appeal must be delivered to the Secretary of the Association at the ABA offices within 30 days after receipt by the law school of notification of the action of the Council;

(2) The Council shall deliver to the Secretary a report with recommendations, including the record on which the Council based its decision, stating its action and the reasons therefor, within 15 days of the date notice of the appeal is delivered to the Secretary;

(3) The school shall be provided with a copy of the Council’s report and may file a response, provided that such response is delivered to the Secretary within 30 days after receipt of the report;

(4) The matter shall be included on the calendar at the meeting of the House following filing, or the expiration of the time for filing, the response provided for in subparagraph (3);

(5) The materials described in subsections (2) and (3) above shall be made available to the delegates prior to the meeting at which the appeal will be considered;

(6) If the law school withdraws its appeal before the meeting of the House for which the matter has been calendared, no action of the House is required and the decision of the Council becomes final; and

(7) During any consideration of such a matter by the House, a representative of the school shall have the privilege of the floor with time limitations equal to those of the representative of the Section but without a vote. The House shall vote either to agree with the action or refer it back to the Council for reconsideration based on reasons specified by the House. An action denying provisional or full approval may be referred back to the Council a maximum of two times. The action of the Council following the second referral shall be final. An action withdrawing approval may be referred back to the Council only one time. The action of the Council following the referral shall be final.

(c) The Council of the Section of Legal Education and Admissions to the Bar shall file a Report with Recommendations to the House seeking concurrence of the House in any actions of the Council to adopt, revise or repeal the Standards, Interpretations, or Rules of Procedure for Approval of Law Schools.

(1) Once the action of the Council is placed on the calendar of a meeting of the House, the House shall at that meeting either concur with the Council’s decision or refer the decision back to the Council for further consideration. If the House refers a decision back to the Council, the House shall provide the Council with a statement setting forth the reasons for its referral.

(2) A decision by the Council to adopt, revise or repeal the Standards, Interpretations, or Rules of Procedure for Approval of Law Schools is subject to a maximum of two referrals back to the Council by the House. The decision of the Council following the second referral shall be final.

Article 46. Voting
§46.1 Voting.
(a) Voting shall be by voice or electronic vote, unless a written ballot or a roll call vote is required. If voting is by voice, the delegates shall stand and be counted when a division is called.

(b) When voting electronically delegates must be in their seats or in the well of the House. If a division is called, it must be called before an electronic vote is taken. The Chair will ask delegates casting affirmative votes to stand while casting their votes and will then ask delegates casting negative votes to stand while casting their votes. No proxy voting is permitted.

§46.2 Roll Call Vote. At the request of 100 delegates, present and voting, a roll call vote shall be taken.

§46.3 Written Ballot. If there is more than one nomination for an office of the Association, for membership on the Board of Governors, or for membership on the Committee on Scope and Correlation of Work, the election by the House of Delegates must be by written ballot. The Chair of the House shall appoint five delegates to act as tellers. The tellers shall prepare, distribute, collect, and count the ballots. Balloting for a contested position shall be continued until a candidate has received a majority of the votes cast.

Article 47. House Record and Summary
§47.1 House Record and Summary. The proceedings of the House of Delegates shall be recorded and a summary of action taken shall be prepared by the Secretary. As soon as practicable after a meeting is adjourned, the summary of action shall be sent to each delegate, the president and executive officer of each association and organization represented in the House, each section chair, and the chair of each committee of the Association. A delegate who believes that a correction should be made in the summary must notify the Secretary within ten days after receiving the summary. Action on the proposed correction must be taken at the next session of the House.

Article 48. Board of Governors
§48.1 Function. The Board of Governors is the administrative agency of the House of Delegates.

§48.2 Reports. The Board of Governors shall report its actions to the House of Delegates by such written means as the Board considers appropriate.

§48.3 Members. Any delegate, other than a state or local bar association delegate, who is elected to the Board of Governors serves in the House of Delegates only in the delegate’s capacity as a member of the Board.

Article 49. Committees of the House
§49.1 Appointment and Terms. The Chair of the House of Delegates shall appoint the chair and members of each committee of the House, unless the House directs otherwise in the case of a particular committee. Except as otherwise provided by the House, the term of a committee chair or member is one Association year and until a successor is appointed. The Chair and the Secretary are members ex-officio. The representatives of the Northern Mariana Islands Bar Association and the Guam Bar Association may each serve as members of House committees during their shared two-year term of office.

§49.2 Standing Committees. The designation, functions, and size of the standing committees of the House of Delegates are as follows:

Credentials and Admissions. The Committee on Credentials and Admissions, consisting of seven delegates, shall consider and report on all questions relating to qualifications, selection, or credentials of delegates or relating to the compliance of an organization with the requirements for representation in the House.

Drafting. The Committee on Drafting, consisting of five delegates, shall report to the House on any resolution, report, recommendation, or other matter referred to it by the House or the Chair for revision as to scope, substance, or phraseology.

Rules and Calendar. In addition to duties otherwise required, the Committee on Rules and Calendar, consisting of five delegates, shall:
(a) assist the Chair in the expeditious handling of the business of the House;
(b) report to the House on proposals to amend these Rules of Procedure;
(c) prepare and send to the Secretary the preliminary calendar for each meeting of the House in time for the required distribution; and
(d) make recommendations to the House on the order of business and late reports.

Scope Nominating Committee. The Scope Nominating Committee consists of the following ex-officio members: the Chair of the House of Delegates, as chair, the chair of the Board’s Program Committee, the chair of Scope, the member of Scope with the longest
continuous service on the Committee who is not the chair, and the chair of the Section Officers Conference. The Committee shall make nominations for membership on the Committee on Scope and Correlation of Work.

§49.3 Other Committees. The House of Delegates may create such other committees of the House as it considers necessary to conduct its business. To further the consideration of a subject by the House, the Chair of the House may create a special committee to consider the subject and report to the House.

Article 50. Amendment of Rules
§50.1 Procedure. These Rules of Procedure may be amended by vote of two-thirds of the delegates present and voting in the House of Delegates. Twenty days' notice of a proposed amendment stating the purpose of the amendment must be given to all delegates. Unless otherwise provided, an amendment is effective upon the adjournment of the meeting at which it is adopted.

§50.2 Correction. Upon the adoption of an amendment to these Rules of Procedure, the Secretary may correct punctuation, grammar, or numbering where appropriate, if the correction does not change meaning.
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