ARTICLE I

NAME

The name of this organization shall be “The Texas Tech University School of Law Board of Barristers.”

ARTICLE II

MISSION STATEMENT It shall be the mission of the Board of Barristers:

A. to develop the advocacy skills of the students of the School of Law;

B. to conduct intrascholastic competitions;

C. to ensure that participants in the intrascholastic competitions are offered sufficient assistance to compete in the competitions in a competent manner;

D. to assist the students of the School of Law, the legal profession and the community as a whole; and

E. to continuously reevaluate the activities of the Board in an effort to more effectively achieve these goals.

ARTICLE III

MEMBERSHIP The Board of Barristers shall consist of Members and Associate Members.

A. Qualifications

1. Every Member of the Board of Barristers must have:

a.

participated in each of the following intraschool or interschool competitions: Moot Court, Mock Trial, Negotiations and Client Counseling;

b.

completed 55 semester hours by the end of the semester in which they are appointed;

c.

accumulated three witness and three bailiff points as provided in the By-laws; and

d.

applied for membership as provided in the By-laws.

2. Every Associate Member of the Board must have satisfied each of the requirements for membership, identified immediately above, except that an Associate Member must have completed at least 40 semester hours by the end of the semester of appointment.

B. Limitations

The number of Members and Associate Members that may be appointed to the Board of Barristers shall be determined by the Faculty Advisor.

C. Appointment Process

1. All candidates who have qualified under the terms of Article III, section A of this Constitution are eligible for appointment to the Board. It is the responsibility of the Vice Chair of Administration to review the qualifications of potential candidates and to calculate the competition points of each qualified candidate (see section D, below). Competition points shall be calculated as of the end of the final round of the last Advanced Competition of the semester for purposes of appointments. The Faculty Advisor will then offer all available appointments to the qualified candidates with the most competition points.

    

2. The appointment of new Members and new Associate Members will occur as soon as possible following the last Advanced Competition of the semester.

    

D. Competition Point System

1. Every member of a team which enters and completes every preliminary round of an intraschool Mock Trial, Moot Court, Negotiations or Client Counseling competition shall receive ten competition points.

    

2. If a team fails to compete in every preliminary round, no competition points shall be awarded to any team member and team members may be subject to penalties as provided in the By-laws.

    

   1. Following the preliminary rounds, team members shall receive five competition points for every round in which they compete. In the event that multiple teams are tied for the last spot in the elimination round, all such teams shall receive five points even if not advancing due to

       

   2. the random selection method employed. For Moot Court, a brief writer that is not also an oral advocate shall receive the same number of competition points as the oral advocates of the brief writer’s team.
3. Those teams that do not compete in rounds beyond the preliminary rounds shall receive one competition point for each preliminary round won.

    

4. The members of the team winning the final round of a competition shall receive an additional five competition points.

    

5. The person voted best oralist in the final rounds of Mock Trial and Moot Court shall receive an additional two competition points.

    

6. In Moot Court competitions, a total of two competition points shall be awarded to the designated brief writer(s) of the team winning the Best Brief Award. A team may designate one or two brief writers at the time the brief is submitted. Such designation should be made on the cover of the brief and should explicitly indicate which team member(s) is the brief writer. If only one person is designated as the brief writer, that person shall receive the two competition points. If two brief writers have been designated, each will receive one competition point. If no brief writer is designated, the oralists of the team submitting the Best Brief shall each receive one competition point.

    

   1. Special provisions for Board-approved “Interschool Team Members”

       

      1. Generally - all persons designated as a team member, in writing, by the coach of an actively participating and Board-approved interschool advocacy team.

          

         1. Board Approval

             

            1. Board approval of an interschool advocacy team requires a majority vote of the Members of the Board at any meeting of the Board at which a quorum is present. Board approval can be repealed by a two-thirds vote of the Members of the Board at any Board meeting at which a quorum is present.

                

            2. If the Board does not approve an interschool advocacy team within 30 days of receiving a written request for such recognition, the affected parties may appeal the decision to the Faculty Advisor. The Faculty Advisor may, in his discretion, choose to give Board approval to any interschool advocacy team.

                

            3. Whenever an interschool advocacy team has been approved by the Board or whenever an interschool advocacy team has its prior Board approval repealed, by either the Board’s Membership or by the Faculty Advisor, the Vice Chair of Administration shall update and maintain a list of all Board-approved interschool advocacy teams and such list shall be included in the By-laws.

                

         1. All current and former interschool team members are permitted to compete in any intraschool competition. All competitors are eligible to advance to break rounds unless:

             

            1. the competitor is a current or former Board-approved interschool advocacy team member;

                

            2. the interschool and the intraschool competitions use the same problem, and

                

            3. the competitor has received coaching as a member of the interschool team on the problem prior to or during the completion of the intraschool competition.

                

         1. Award of honorary competition points

             

            1. Students who obtain a position on a board approved interschool competition team shall receive ten points for competing in all preliminary rounds as required by the particular competition. It shall not matter whether the interschool competition conflicts directly or indirectly with any intraschool competition. Students who are precluded from competing in an intraschool competition because of their participation on an interschool team do not receive any points other than the ten points awarded for national team membership. Ten additional points shall be given to team members if they advance past preliminary rounds and compete in elimination rounds. Further, fifteen more points in addition to the above points shall be given to interschool team members for winning a national competition, for a total of 35 points. These points shall be part of the total point accumulation used in attaining status as an Associate Member or Member of the Board.

                

            2. This section applies to those intershool teams listed in the By-laws in accordance with subsection (b.), above.
            1. No honorary competition points shall count toward the Cotton, Bledsoe, Tighe & Dawson Top Gun Award which shall be governed by the provisions found in the By-laws.

                

            2. Any interschool team member who withdraws from, or is otherwise removed from, the team prior to their first interschool competition, shall forfeit any honorary competition points they have earned, or would earn, for membership on the team. It is an exception to this provision if a person is withdrawn or removed from their interschool team on the basis of a proper justification. For this exception to apply, the withdrawal must be approved, in writing, by the coach of the interschool team and delivered to the Chairperson of the Board as soon as possible. Examples of proper justification for withdrawal includes, but is not limited to, medical emergencies or the death of a close family member.

                

            3. If a Member of the Board is forced to forfeit honorary competition points, and if that Member does not otherwise qualify for membership on the Board under the standards identified in Article III, section A, then such Board Member is subject to the removal procedure identified in Article V.

                

E. Voting Rights - The Members will have the right to vote on matters before the Board of Barristers. Associate Members will have no right to vote.

F. Scholastic Probation - A Member on scholastic probation is automatically inactive for the period of time that the Member is on scholastic probation. A candidate for membership who, at the time of appointment, is on scholastic probation may nevertheless, at the discretion of the Faculty Advisor, be appointed to the Board on an inactive status. The inactive status will be removed once the Member is no longer on scholastic probation. It is the Member’s duty to inform the Chairperson as soon as possible if the Member is placed on scholastic probation.

ARTICLE IV

OFFICERS

A. Executive Committee

1. The Executive Committee (EC) shall consist of seven Officers. The Officers will be elected pursuant to the election procedures as provided in the By-laws. The Officers shall include: Chairperson, Vice Chair of Trial Advocacy, Vice Chair of Appellate Advocacy, Vice Chair of Negotiations, Vice Chair of Client Counseling, Vice Chair of Judges and Vice Chair of Administration.

    

2. The EC is responsible for directing the activities the Board and may take actions appropriate for conducting the business of the Board provided that such actions are consistent with this Constitution and the By-laws.

    

3. The Chairperson shall not vote on matters before the EC unless necessary to break a tie.

    

4. If the Chairperson position becomes vacant, the remaining EC Officers must appoint a temporary Chairperson who shall serve until an election for a new permanent Chairperson may be held. An election for a permanent Chairperson must be held as soon as possible after the Chairperson position becomes vacant.

    

5. No EC Officer shall compete in an intraschool competition. EC Officers may compete in interschool competitions.

    

6. No EC Officer shall participate in the acceleration program for early graduation. Upon discovery of an EC Officer’s participation in the acceleration program, the Officer must affirm that they will not graduate early. If the Officer fails to make such a declaration, that Officer shall be automatically removed from office and an election to fill the vacancy shall be held as soon as practicable.

    

B. Membership Veto

At any meeting properly called pursuant to the By-laws, the general membership of the Board may vote to overrule a decision made by any Officer or any decision made by the EC for the Board of Barristers by a majority vote of the total membership. Each EC Officer shall have a vote as a general Member.

C. Officers

1. Chairperson - The Chairperson shall be responsible for the regulation and operation of the Board. The Chairperson shall preside at all meetings of the Board and the Board’s EC. Additionally, the Chairperson has the authority to:

a.

appoint Members to temporarily fill any Vice Chair vacancies until an election for a permanent replacement may be held pursuant to the By-laws;

b.

appoint, with EC consent, Directors of and members to committees as provided for in the By-laws;

c.

delegate responsibilities to Members and Officers in furtherance of the Board’s Mission as indicated in Article II of this Constitution;

d.

call meetings pursuant to the By-laws; and

e.

appoint an EC Officer to preside at any meeting that the Chairperson is unable to attend.

1. Vice Chair of Trial Advocacy - The Vice Chair of Trial Advocacy shall be primarily responsible for the regulation and operation of all trial advocacy programs approved by the Board, including but not limited to: Mock Trial competitions and participation by the Board in trial advocacy courses and related programs. The Vice Chair shall make available the Mock Trial Competition Rules for each competition at least four weeks before the competition.

    

2. Vice Chair of Appellate Advocacy - The Vice Chair of Appellate Advocacy shall be primarily responsible for the regulation and operation of all appellate advocacy programs approved by the Board, including but not limited to: Moot Court competitions and participation by the Board in appellate advocacy courses and related programs. The Vice Chair shall make available the Moot Court Competition Rules for each competition at least four weeks before the competition.

    

3. Vice Chair of Negotiations - The Vice Chair of Negotiations shall be primarily responsible for the regulation and operation of all negotiation programs approved by the Board, including but not limited to intraschool Negotiation Competitions. The Vice Chair of Negotiations shall make available the Negotiation Competition Rules for each competition at least four weeks before the competition.

    

   1. Vice Chair of Client Counseling - The Vice Chair of Client Counseling shall be primarily responsible for the regulation and operation of all Client Counseling programs approved by the Board, including but not limited to intraschool Client Counseling

       

   2. Competitions. The Vice Chair of Client Counseling shall make available the Client Counseling Competition Rules for each competition at least four weeks before the competition.
4. Vice Chair of Judges - The Vice Chair of Judges shall be primarily responsible for maintaining relations between the Board and community attorneys. The Vice Chair of Judges shall be responsible for providing judges and for coordinating witnesses and bailiffs for all intraschool competitions.

    

   1. Vice Chair of Administration - The Vice Chair of Administration shall serve as the secretary and treasurer of the Board. Additionally, the Vice Chair of Administration shall:

       

      1. keep written records and minutes of all Board meetings;

          

      2. post minutes in the Board office within one week of each meeting;

          

      3. update and post competition points within one week of the final round of each competition;

          

      4. record attendance of members at all Board programs;

          

      5. post and deliver written notices as required by the By-laws;

          

      6. maintain financial, vendor, operating, and other miscellaneous accounts, including making financial reports available to the general membership, upon request;

          

      7. maintain the Constitution and By-laws by making appropriate changes when approved by the membership;

          

      8. maintain a complete, accurate and updated copy of the Constitution and By-laws in both the Board office and on reserve in the Law School Library; and

          

      9. perform such duties as required by the Chairperson, this Constitution and the By-laws.

          

D. Residual Powers Clause

1. When a situation arises which is not covered by this Constitution or the By-laws (an “unprovided for” situation), the Chairperson shall have discretion to decide the matter with due regard to the purposes of the Board. Such discretionary decisions shall be subject to the appeals procedures as provided in Article VI of this Constitution.

    

2. Whenever a discretionary decision described in D(1) of this Article is made by the Chairperson, the Chairperson shall, within four days, post a brief description of the facts giving rise to the unprovided for situation and shall fully articulate the Chairperson’s discretionary decision.

    

3. The Chairperson and the rest of the Board’s membership are encouraged to amend this

    

Constitution or the By-laws or both, if necessary (see Article VII of this Constitution), to provide for the situation should it recur.

ARTICLE V

REMOVAL

A. Initiation of the Process for Removal of Members and Officers.

A Member or Officer may be removed from the Board for failure to perform duties as provided by the Constitution and By-laws, for conduct unbecoming a Member of the Board, for failure to perform duties as assigned by an Officer, or for reasons enumerated in the Bylaws. The process for removing a Member may begin in any one of the following three ways:

1. a petition signed by four EC Officers which is recorded with the Faculty Advisor;

    

2. a petition signed by two-thirds of the membership which is recorded with the Faculty Advisor; or

    

3. at the discretion of the Faculty Advisor.

    

B. Process for Removal of Members or Officers.

1. Once the process for removal has been initiated and recorded with the Faculty Advisor, the Faculty Advisor shall inform the Chairperson of the removal effort; however, if the Chairperson is the subject of the removal effort, then the Faculty Advisor shall notify the Vice Chair of Administration. The Chairperson (or Vice Chair of Administration) shall notify the subjected Officer or Member, in writing, of the removal effort and the bases therefore. This notice must inform the affected Member of the ten day period to resign or request a hearing as provided in section B(2) of this Article.

    

2. Upon receipt of the written notice required by this section, the Member has ten days to resign or to request a removal hearing. If the Member does not resign or request a hearing within ten days, the Member will be removed from the Board or the executive office without a hearing.

    

   1. If the Member or Officer timely requests a hearing, the following procedures will apply:

       

      1. the Chairperson or the Vice Chair of Administration, shall call a meeting of the membership within two weeks of the request for a hearing;

          

      2. only Members and the Faculty Advisor may be present at any removal hearing;

          

      3. at the hearing, an Officer must inform the membership of the reason(s) for the removal effort; then the Member subject to removal shall be afforded fifteen minutes to

          

refute the allegations;

d.

each Member shall be allowed two minutes, if desired, to question anyone present or to make a statement;

e.

after all Members have had an opportunity to speak, the membership shall vote on the removal by secret ballot;

f.

any two EC Officers, who are not subject to the removal proceeding, shall tally the ballots;

g.

if two-thirds of the membership vote to remove the Member or Officer, the Member is expelled from office or the Board, effective immediately;

h.

the Member subject to removal shall not vote and shall not be factored into the two-thirds requirement for removal;

i.

if a Member is removed, the Chairperson or the Vice Chair of Administration must send written notice of the decision to the former Member within five days of the vote to expel;

j.

if the removal effort fails, the Member or Officer shall retain their former position;

k.

if the removal effort fails, any basis for the removal effort may not be the subject of another removal process; and

l.

the Vice Chair of Administration shall keep a record of any removal proceedings.

4. Information relating to efforts to remove a Member or Officer shall be kept strictly confidential. Any required disclosures shall be provided only by the Faculty Advisor.

ARTICLE VI

APPEALS

Any decision made by an Officer that adversely affects any law school student may be appealed by the affected party to the EC. The Officer’s decision shall be overturned only by a majority vote of the entire EC. Decisions made by the EC may be appealed to the Board membership. The EC decision shall be overturned only by a two-thirds vote of the Board membership. Appeals of final membership decisions may be made to the Faculty Advisor. This Article shall apply only to decisions left to the discretion of an Officer.

ARTICLE VII

AMENDMENT PROCESS

A. Amendment of this Constitution

1. This Constitution may be amended with the approval of two-thirds of the total membership at any regular or special meeting of the Board. Written notice of any proposed amendment shall be given as set forth in the By-laws and not less than five days before the meeting at which the amendment will be considered.

    

   1. If the amendment is not approved by a two-thirds vote of the total membership, those Members not in attendance at the meeting may vote on the proposed amendment pursuant to the following procedures:

       

      1. the Vice Chair of Administration shall create a list of those Members present and the vote cast by each Member;

          

      2. the Vice Chair of Administration shall date and post the amendment on the Board bulletin board within 24 hours after the meeting;

          

      3. any Member not present at the meeting at which the amendment was considered may submit their vote, in writing, to the Vice Chair of Administration within seven days of the meeting; and

          

      4. any Member not voting within seven days of the meeting shall be deemed to have voted against the amendment.

          

2. if the amendment is approved, it becomes effective once read into the minutes at the next meeting of the Board’s membership.

    

3. an amendment that does not receive the required number of votes within seven days after the meeting at which the amendment was considered automatically fails.

    

4. After an amendment has been approved, the Vice Chair of Administration shall make the appropriate changes to this Constitution.

    

B. Amendment of the By-Laws

By-laws may be adopted, amended or rescinded at any general or special meeting of the Board by a majority vote of the total membership as necessary for the regulation and administration of the Board and its programs. Amendments to the By-laws may be proposed at any Board meeting and may be approved with the requisite majority vote without advance notice if the situation so demands. However, if such emergency situation does not exist, amendments to the By-laws shall be noticed in the same manner as amendments to the Constitution. The provisions of the Constitution shall take precedence over the By-laws in the event of a conflict between the two.

ARTICLE VIII

FACULTY ADVISOR

While the Board of Barristers is an organization of students serving students, the Board is also a class for which credit is available. The Faculty Advisor serves as the professor for that class. As such, the Faculty Advisor retains the authority to alter or suspend any provision of the Constitution or By-laws necessary to maintain the academic integrity of the course. As an organization designed to develop student leadership, it is the goal of the Board to be self-sufficient and to rely on student leadership.

ARTICLE IX

EFFECTIVE DATE

This Constitution was adopted by unanimous vote on the ____ day of _____________, 2008. It has been in its final form as of the _____ day of _________________, 2008.

______________________________ Sean Long, Chairperson

This Constitution was approved by the Board Faculty Advisor on the _____ day of ___________________, 2008.

______________________________ Murray Hensley, Board of Barristers Faculty Advisor