SBA Constitution
Article I: Name
This association shall be known as the Student Bar Association of the University of North
Carolina School of Law, hereinafter referred to as the SBA.
Article II: Purpose
It shall be the purpose of the SBA to promote the ideals and objectives of the University
of North Carolina School of Law; to develop and further scholastic attainment; to
promote understanding among the faculty, students and alumni; to coordinate the
activities of the Law School community; to further professional and social interest; to
cooperate with national, state, and local bar associations, and with other law schools
through the Law Student Division of the American Bar Association; and to promote the
general welfare of all students enrolled in the law school.
Article III: Membership
The voting members of the SBA shall be all students enrolled in the law school, including
those temporarily absent while enrolled in combined degree programs recognized by the
law school.
Article IV: Board of Governors
Section 1. The governing body of the SBA shall be the Board of Governors, which shall
possess all powers that may be exercised by this association; provided that, during the
months of May, June, July and August, the Executive Committee may jointly, or
severally, exercise such administrative powers as are proper to carry out their duties and
the affairs of the SBA.
Section 2.
(a) The Board of Governors shall be composed of:
(i) The President, Vice President, Treasurer and Secretary of the SBA,
such officers to constitute the Executive Committee of the Board of
Governors.
(ii) Two elected representatives from each class.
(iii) The President of each class, as elected by each respective class.
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(b) The quorum of this body shall be made up of two-thirds of the members of the
Board of Governors. Decisions of the Board are to be by majority vote of the
members present, unless otherwise noted by the SBA Constitution or SBA
Bylaws.
(c) Meetings of the Board shall be held at least two times a month.
(d) All meetings of the Board of Governors shall be open to attendance by
members of the SBA and adequate notice of all meetings shall be given by the
Secretary.
Section 3. The Board of Governors may establish ad hoc committees and subsidiary
bodies not specifically provided for in this instrument which it deems to be necessary for
the property operation of the SBA.
Section 4. By-Laws may be appended to this constitution by the Board of Governors to
provide a reasonable framework within which the powers granted by this instrument may
be exercised. Such by-laws may supplement any provision of this instrument to the
extent that they are not inconsistent with the plain intent and language thereof.
Article V: Executive Functions; Qualifications
Section 1. The President of the SBA shall be responsible for the exercise of the executive
and administrative powers and functions of the SBA and shall preside as its speaker.
Provision shall be made by the President for the exercise of such functions during the
summer sessions.
Section 2. Vice-President, Secretary and Treasurer of the SBA shall perform such
executive functions as are provided for by this instrument and its by-laws. The VicePresident shall act in the absence of the President and shall succeed to the presidency
should that office become vacant prior to the completion of a regular term of office.
Section 3. To be eligible for election to an executive office in the SBA, candidates must
have a cumulative scholastic average of at least 2.5 and must have completed the
following:
(a) President: a minimum of three semesters at the time of election
(b) Vice-President: a minimum of three semesters at the time of election
(c) Secretary: a minimum of one semester at the time of election
(d) Treasurer: a minimum of one semester at the time of election
For the purpose of computation, two summer terms shall constitute one semester
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Article VI: Elections
Section 1. General Provisions. Elections to fill all offices provided herein shall be held
annually in accordance with the by-laws. All voting shall be by secret ballot.
Section 2. First Year Class Elections. Elections for officers of the first year class shall be
held in the fall.
Section 3. General Elections. Elections for all other offices shall be held in the spring.
Section 4. Where any member of the SBA Board of Governors, not including the SBA
President, shall fail to serve, or for any reason ceases to serve in the office for which such
officer shall have been elected prior to the completion of the term of office and before the
end of the second week of the fall semester, a special election shall be held in conjunction
with the First Year Elections as governed by the By-Laws, in order to fill the office.
Where any class president or class representative shall fail to serve, or for any reason
ceases to serve in the office for which such office shall have been elected, prior to the
completion of that term of office and after the second week of fall semester, the
remaining two members of that class shall nominate a successor to that office who shall
take office upon two-thirds affirmative vote of the Board of Governors.
In such situations where any two members representing a class shall simultaneously fail
to serve, or for any reason ceases to serve in the office for which they shall have been
elected, prior to the completion of their terms, and after the second week of the fall
semester, the Executive Committee, together with the remaining class officer shall
nominate persons to succeed these offices, who shall take office upon two-thirds
affirmative vote of the Board of Governors.
Where any officer of the Executive Committee shall fail to serve or shall for any reason
cease to serve in the office for which such officer shall have been elected, prior to the
completion of that term of office and after the second week of the fall semester, the
President of the SBA shall nominate a successor who shall take office upon two-thirds
affirmative vote of Board of Governors.
Section 5. Recall Elections
(a) A recall election for removal for any member of the Board of Governors
Executive Committee may be ordered by a petition signed by twenty percent of
the SBA members; removal from office shall be affirmed by two-thirds majority
of those members voting in an ensuing election
(b) A recall election for removal of any class officer may be ordered by a petition
signed by twenty percent of the members of such officer’s class; removal from
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office shall be affirmed by a two-thirds majority of those members voting as an
ensuing election.
(c) Notice of an upcoming recall election shall be posted no more than three
school days following the submission of a petition meeting all of the above
requirements. The recall election shall occur on a Tuesday, no less than five
school days following posted notice of the election and no more than ten school
days following posted notice of the election.
Article VII: The Honor Court
Section 1. Jurisdiction
The Law School Honor Court shall adjudicate all cases arising under the UNC Honor
Code involving law school students as provided for in The Instrument of Student Judicial
Governance (The Instrument).
Under Section IV.d.2. of The Instrument, the Law School Student Bar Association has
responsibility for the operation of the Law School Honor Court and to establish all
procedures and structures of the Court, consistent with the Instrument.
Section 2. Membership
a. Composition
Including the Chair and the Vice Chair, the Court shall have at least twenty
members
b. Qualifications to hear a case
Prior to serving on a trial court, a student must be certified by the Law School
Court chair and the Judicial Programs Officer as qualified to sit. “Qualified,”
here and elsewhere, means knowledgeable in the regulation, provision,
procedures, sanctions, and functions of the student judicial system as delineated in
The Instrument of Student Judicial Governance (hereinafter, The Instrument).
Furthermore, all court members must be qualified to hear cases by the beginning
of the court’s term. Those students who are not qualified by the beginning of the
term, subject to a vote of the entire Court, may be replaced under the method
specified in VII.2.c.3 of the Constitution
c. Election and Selection
1.
During the spring semester each year, five students from the First
Year class shall be elected to serve on the Honor Court. The new
memberships shall be elected by the First Year class. Their term
shall begin on the day following the last day of the spring semester
in which elected.
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2.
3.
During the spring semester each year, after the election of Honor
Court members, five students from the First Year class shall be
appointed by the President of the Student Bar Association, subject
to approval by a vote of two-thirds of the total membership of the
Board of Governors. The Student Bar Association President shall
appoint members from a list of candidates provided by the Honor
Court Chair in accordance with the procedures set forth in VII.2.d.
of the Constitution. Their terms shall begin on the day following
the last day of the spring semester in which selected.
In the event of any vacancies on the Honor Court, due to
resignation or otherwise, the Student Bar Association President
shall appoint a new member from a list of candidates provided by
the Honor Court Chair in accordance with the procedures set forth
in VII.2.d of the Constitution. The Student Bar Association
President shall give preference to students who are in the same law
school class as the person who resigned or otherwise vacated the
membership on the Honor Court.
d. Selection Process
1.
A description of the process for selection and a schedule of dates
associated with selection shall be widely publicized by the Court
Chair and Vice Chair.
2.
The general selection process shall take place immediately
following the election process of the Court. In the event of a
vacancy on the Honor Court, the selection process shall begin as
soon as the Court Chair becomes aware of the vacancy.
3.
The Court shall choose a selection committee comprised of at least
five members of the Honor Court, including the Chair and Vice
Chair. The Court Chair shall serve as the chair of the committee.
It shall be the responsibility of the selection committee to establish
an application process by which law students may apply to become
new members of the courts.
4.
Any law student in good standing may apply to the selection
committee to be considered for recommendations.
5.
The committee shall convene to consider all applications that it
receives.
6.
Committee recommendations shall be based upon evaluations of
personal qualifications and interviews using criteria designed to
assure effective operation of the Court.
7.
Members of the Honor Court are expected to adhere to the highest
standard of conduct and are subject to removal for any conduct that
falls below the standards set forth in the North Carolina Rules of
Professional Conduct.
8.
Following thorough consideration of the application, the
committee shall create a list of all applicants. The list shall be
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ranked in order of the Committee’s preferences and then be
submitted to the Student Bar Association President for approval.
9.Racial, sexual, and other diversity represented in the law school student
body may be considered in recommending and appointing Court
members.
e. Terms of Office
Members of the Honor Court, whether elected or selected, shall serve until they
graduate from the law school. Members may resign at any time. In the event of
resignation, a new member shall be selected by the President of the Student Bar
Assocation in accordance with VII.2.c.3 of the Constitution.
f. Term of the Court
The term of the Court shall begin on the day following the last day of the spring
semester and shall last for twelve months until the last day of the following spring
semester.
Section 3.
a.
Procedures
Chair and Vice Chair
1. Prior to the end of the spring semester, the Court, excluding
the newly elected and selected members, shall elect a new
Chair and Vice Chair to serve during the upcoming term,
from among the current members of the Court. The term of
office for the Chair and the Vice Chair shall be for
approximately twelve calendar months from the day
following the last day of spring semester until the last day of
the next spring semester or until their successors have been
elected.
2. Any vacancy in the offices of the Chair or Vice Chair shall
be filled by election from among the members of the Court.
3. It is the responsibility of the Chair and the Vice Chair to be
well-versed in the procedures of and the rules of the Court as
detailed in The Instrument.
4. The Chair shall assure effective and timely functioning of the
procedures leading to the appointment and confirmation of
the Court members as provided in VII.2.d of the Constitution.
The Chair shall, in conjunction with the Judicial Programs
Officer, establish procedures for the training and certification
of the Court members, and shall certify the candidates for
Court panels are qualified to hear cases.
5. It shall further be the responsibility of the Chair to:
A. Impanel a trial court of five members, including the
Chair or the Vice Chair and four other randomly drawn
members of the Honor Court, upon receipt of notice
from the Law School Attorney General that a case is
pending
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i.
The Chair shall randomly draw the names of
the members of the Court, and compile a list
of the names in the order in which they were
drawn.
The Chair and the first four
randomly drawn members of the Court shall
serve as the trial court. All of the available
members of the Honor Court, who are not
on the original trial court, shall convene
nearby in the event a trial court member is
disqualified under V.B.2 of the Instrument.
In the event a trial court member is
disqualified under V.B.2 of the Instrument,
the Chair shall call upon the next available
member from the randomly drawn list of
names. This process shall continue until a
court is impaneled.
ii.
If the Chair is disqualified, then the Vice
Chair shall take the Chair’s plaice in leading
the hearing. If the Vice Chair is then
disqualified, the newly impaneled court shall
select from themselves a member to serve as
Chair during the hearing. After the Court is
impaneled, all members of the Court not
participating in the hearing shall be
dismissed.
B. Selected Members of the Honor Court, when necessary,
to serve on the University Hearing Board pursuant to
IV.E.2.a.2 of the Instrument. Where Court members
are serving on a University Hearing Board sitting in
appellate jurisdiction, the next available members from
the random list generated from the original hearing
shall be selected. The Court must convene once again
and follow the disqualification process articulated in
VII.3.a.5.A.i of the Constitution. Where a University
Hearing Board sits in original jurisdiction, the Chair
shall randomly select two members of the Court to hear
the case. The Court must convene and follow the
disqualification process articulated in VII.3.a.5.a.i of
the Constitution.
C. Along with the Law School Attorney General, take
reasonable steps necessary to protect the privacy of the
defendant and to preserve the confidentiality of a
hearing.
6. It shall be the responsibility of the Vice Chair to preside over
the Court hearings in the absence of the Court Chair. It shall
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further be the responsibility of the Vice Chair to assist in the
execution of the Chair’s duties.
b. All other trial and appellate procedures shall follow those established
in The Instrument.
Section 4.
Court Officers
a. Law School Attorney General
The outgoing President of the Student Bar Association and outgoing
Law School Attorney General shall select the new Law School
Attorney General. This selection shall be based upon an application
process, interview, and personal qualifications. This selection shall be
subject to approval by two-thirds of the total membership of the Board
of Governors.
b. Law School Assistant Attorney General
The outgoing President of the Student Bar Association and the new
Law School Attorney General shall select two Assistant Attorney
Generals to assist the Attorney General in carrying out his duties.
These selections shall be based upon an application process, an
interview, and personal qualifications. This selection shall be subject
to approval by two-thirds of the total membership of the Board of
Governors.
c. Responsibilities of Officers
1. It shall be the responsibility of the Attorney General and the
two Assistant Attorneys General to present cases to the
Honor Court and to work with the Court Chair to inform the
student body of their rights and responsibilities under the
Honor System.
2. The Law School Attorney General, in conjunction with the
Law School Assistant Attorneys General, shall select a staff
whose responsibility shall be to investigate, provide defense
counsel for, and prosecute in student courts all alleged
violations of the Code of Student Conduct.
3. The responsibilities of the Law School Attorney General are
further delineated at IV.A.1 of the Instrument.
d. Terms of Office
The Law School Attorney General’s term of office shall be concurrent
with that of the Honor Court.
ARTICLE VIII: Impeachments
An impeachment proceeding against any executive officer or class officer may be
initiated by any member in good standing of the SBA by submitting a petition to the
Board of Governors signed by no less than one-fifth of the members of the SBA, for an
executive officer, or, for a class officer, no less than one-fifth of the members of such
officer’s class requesting that such proceeding be instituted. In the event, following
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submission of a proper petition, that any officer or member of the Board of Governors be
deemed gravely delinquent in the conduct of the office or in the execution of the duties of
the office by a vote of not less than two-thirds of the entire membership of the Board of
Governors, that officer shall be given two days written notice of the charge, delivered
personally to such officer by the Secretary, and that officer shall be given an opportunity
to defend against the charge at a public hearing. After the public hearing has been
conducted, or the opportunity therefore has been declined, the alleged delinquent may be
deposed from office or membership on the Board of Governors by a second vote of not
less than two-thirds of the entire membership of the Board of Governors.
ARTICLE IX: Student Fees
With approval of the Board of Trustees and with approval by means of a law school
referendum, the SBA Board of Governors shall determine or alter the Student Bar
Association fees.
ARTICLE X: Amendments
Section 1. Amendments may be proposed by:
(a)
(b)
Majority vote of the Board of Governors.
Initiative of ten percent of the members of the SBA in a petition addressed to
the President of SBA.
Section 2. Amendments to this Constitution are effective when properly proposed under
Art. X § 1 and affirmed by a two-thirds majority of the student body voting on the
amendment.
--as amended, September 2008
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