Thursday, March 11th, 2010 @ 5:15 pm
Categories: About

PREAMBLE

Pursuant to statute and the inherent power of this Court over the members of the Bar and the practice of law, there are hereby adopted the Guam Bar Association Rules 1 – 10 in order to provide for: (a) The organization, government and membership of a public body corporate to assist this Court in improving the administration of justice and carrying out of other purposes set forth in these Rules and the By-Laws as approved by the Court; and (b) A fund consisting of the fees imposed pursuant to these Rules, and the contributions to said fund by the Guam Bar Association and other persons, expenditure of said fund to be administered by the public body and limited to its purpose.

RULE 1 ORGANIZATION AND POWERS OF THE GUAM BAR ASSOCIATION

Section 1: Creation

Pursuant to statute there is created a public body corporate, the Bar of Guam, to be known as the “Guam Bar Association,” which shall have the power to enter into contracts and acquire, hold, encumber and dispose of real and personal property, and such other powers, privileges and duties as may be reasonable and necessary for the proper fulfillment of its duties.

Section 2: Purposes

The purposes of the GUAM BAR ASSOCIATION are to improve the administration of justice, improve the standards of the legal profession, encourage higher and better education of its members, assist in the admission and discipline of its members, assist in the formulation and administration of measures to prevent the unauthorized practice of law, and assume such other responsibilities and duties as this Court may from time to time determine.

RULE 2 MEMBERSHIP

Section 1: Persons Included

All persons now or hereafter licensed by this Court to practice law with authority to appear before all the Courts of this territory shall be members of the GUAM BAR ASSOCIATION and are required to register and pay fees as such. The conduct of the members of the GUAM BAR ASSOCIATION shall be governed by the Code of Professional Responsibility of the American Bar Association.

Section 2: Classes of Members

Membership in the GUAM BAR ASSOCIATION shall consist of two classes: Active and Inactive. Only active members of the GUAM BAR ASSOCIATION in good standing may vote or hold office in the GUAM BAR ASSOCIATION. The class of membership shall be determined as follows: (a) Members who are not engaged in the practice of law in this territory, or who are judges or in the military service may be inactive members at their election. (b) Active members shall be all other members.

Section 3: Practice of Active Members; Non-Residents

No attorney licensed to practice law in this territory shall so practice law unless he is an active member of the GUAM BAR ASSOCIATION in good standing. Practice by a non-resident attorney who is not admitted to practice law in the Courts of this territory shall be governed by Section 28021 of the Government Code.

Section 4: Good Standing

No persons shall be deemed a member in good standing: (a) While unregistered; (b) While suspended for non-payment of the prescribed fees as provided by Rule 9; (c) While suspended for disciplinary reasons; or (d) While disbarred.

Section 5: Registration

The Board of Governors shall provide for the registration of members in accordance with these Rules, and the By-Laws. A member shall be registered if he pays the required fees and files the prescribed form showing the date of his admission, his mailing address, the date of his birth and the class of membership. A member shall be deemed an active members unless he registers as an inactive member. A member may amend his registration at any time.

Section 6: Associates.

In addition to the membership and classes of membership hereinbefore provided in this Rule, the GUAM BAR ASSOCIATION may by its By- Laws recognize a Associates those of the legal profession not admitted to practice law in this territory, engaged in some capacity not requiring such admission. Law students in their Junior and Senior years may become Student Associates. Associates and Student Associates may be furnished copies of appropriate official publications and may be entitled to attend the meetings and activities conducted by the GUAM BAR ASSOCIATION or any of its component parts, without the right to vote or hold office.

RULE 3 BOARD OF GOVERNORS

Section 1: Government by Board of Governors

The government of the GUAM BAR ASSOCIATION shall be vested in a Board of Governors.

Section 2: Composition of Board

The Board of Governors shall be composed of the following: (a) The President, the Vice-President, the Secretary, the Treasurer, and the immediate past President. (b) Two members elected at large.

Section 3: Meetings

The Board of Governors shall hold at least four regular meetings in each year. Regular meeting and special meetings shall be held at such times and places as may be determined in accordance with the By-Laws and upon such call and notice as may be set forth in the By-Laws.

Section 4: Elections, Term, Qualifications, Vacancies

The term of office of each member of the Board of Governors elected at large shall be two years commencing at the conclusion of the annual meeting of the Association at which his election is reported and ending at the conclusion of the second annual meeting thereafter. Each such elected member shall hold office for the term for which he was elected and until his successor is elected or otherwise selected. The By-Laws shall provide for all nominations and elections of such members of the Board of Governors. Any vacancy on the Board of Governors arising in the office of member elected at large shall be filled by vote of the remaining members of the Board of Governors for the unexpired term from the active membership in the manner provided by the By-Laws. An acting member of the Board of Governors may be appointed by the President with the approval of the Board, to serve during the temporary absence or incapacity of any member elected at large.

Section 5: Removal of Members of Board of Governors

Provision may be made by the By-Laws for removal of members of the Board of Governors for non-attendance at meetings or for other cause. by the By-Laws for removal of members of the Board of Governors for non-attendance at meetings or for other cause.

RULE 4 OFFICERS

Section 1: Designation, Term and Removal

The officers of the GUAM BAR ASSOCIATION shall include a President, Vice President, a Secretary and a Treasurer, all of whom shall be elected by the membership by secret ballot. Such other officers as may be provided for by (our) or pursuant to the By-Laws may be elected or appointed as provided therein. The officers shall have such duties, rights and powers as the By-Laws may provide. The President shall be the chairman of the Board of Governors and the Executive Committee and shall preside at all meetings thereof. In the event of a vacancy in the office of President, the Vice President shall succeed to the Presidency, and shall serve out the unexpired term. Vacancies in the above-designated offices may be filled at any regular or special meeting of the Board of Governors called for that purpose. An acting officer to serve during the temporary absence (of) or incapacity of any officer may be appointed by the President with the approval of the Board, except as otherwise provided by the By-Laws. An officer may be removed for cause by two-thirds of the members of the Board of Governors at a meeting called or that purpose, in the manner provided by the By-Laws.

RULE 5 COMMITTEES; SECTIONS

Section 1: Executive Committee

There shall be an Executive Committee composed of such officers and members of the Board of Governors as may be designated by or pursuant to the By-Laws, which shall exercise the powers and duties of the Board of Governors when it is not in session, subject to such limitations as the By-Laws may provide.

Section 2: Standing Committees. There shall be such standing committees, which shall be composed of such members, serving such terms, appointed in such manner, and having such duties as are or may be provided for by these Rules or By-Laws.

RULE 6 MEETINGS

Section 1: Annual Meeting. An annual meeting of the GUAM BAR ASSOCIATION shall be held at such place as may be designated by the Board of Governors, on the second Tuesday of January of each year at 5:00 p.m., or at such later date and time as may be fixed by the Board but not later than April 30 in each year.

Section 2: Monthly Meeting. The Board of Governors may establish a regular time and date for a monthly meeting, which may be amended by the Board from time to time.

Section 3: Special Meetings. Special meetings of the GUAM BAR ASSOCIATION may be held at such times and places as may be determined by the Board of Governors. The Secretary shall call a special meeting of the GUAM BAR ASSOCIATION upon petition signed by not less than ten percent (10%) of the active members in good standing and such special meeting shall be held within sixty (60) days after the petition is filed with the Secretary. The business transacted at special meetings shall be specified in the call.

Section 4: Notice. At least five (5) days’ notice of the time and place of each annual or special meeting shall be given in writing by mail to each member at his address shown on the records of the GUAM BAR ASSOCIATION. The notice requirement may be shortened when deemed necessary by the Board of Governors due to extraordinary circumstances.


RULE 7 BY-LAWS

Section 1: Adoption and Amendment of By-Laws. The initial By-Laws of the GUAM BAR ASSOCIATION shall be those submitted by the GUAM BAR ASSOCIATION and approved and adopted by Order of this Court, to take effect upon the effective date of these Rules. By-Laws not inconsistent with these Rules may be adopted, amended or repealed by the active members in good standing voting by ballot, or at a regular meeting or special meeting of the members. There shall be at least ten (10) days’ notice of the proposed changes, which notice shall contain the complete text thereof. Such notice may be given in the manner provided by Rule 6, Section 3. If the voting is by ballot the action shall require approval by a majority of the votes cast, and if at a meeting of the members, shall require approval of a majority of those present at the meeting. Proposals may be made by twenty five (25) active members in good standing without Board approval, but in order for such proposals to be considered at the annual meeting they shall be submitted to the Secretary on or before December 1.The action of the members of the GUAM BAR ASSOCIATION with respect to the By-Laws shall be certified to and filed with this Court, and may be subject of a petition for review to be filed with this Court within thirty (30) days after such filing, or may be reviewed by the Court on its own motion. A petition for review shall be signed by at least twenty five (25) active members of the GUAM BAR ASSOCIATION in good standing. This Court may consider the petition for review in such manner as it deems proper and may approve, modify or disapprove the action under review. Such By-Laws, amendments or repeals shall take effect upon the expiration of thirty (30) days after the filing thereof with the Court unless the Court shall otherwise order, provided that any changes in the purposes of the GUAM BAR ASSOCIATION shall require the approval of the Court.

RULE 8 EXECUTIVE DIRECTOR

Section 1: Authorization for and Compensation of. The Board of Governors may appoint an Executive Director to assist the Board of Governors and the officers of the GUAM BAR ASSOCIATION in the performance of their respective duties. Said person need not be an attorney. Said person shall devote such time to the affairs of the GUAM BAR ASSOCIATION as the Board of Governors shall direct. The compensation of the Executive Director shall be fixed by the Board of Governors and said person shall have and perform such duties as the Board of Governors may from time to time prescribe and such other duties as may be delegated by the President, Secretary and Treasurer not inconsistent wit the Rules and By-Laws of the GUAM BAR ASSOCIATION. The Board of Governors may also employ such a staff as it deems necessary for the conduct of the Bar’s business.

RULE 9 FINANCE

Section 1: Annual Fees. Each member of the GUAM BAR ASSOCIATION shall pay the Treasurer an annual fee which shall be due on January 1 of each year. Each member shall be billed for the fee due. Upon his failure to pay within a time fixed by the Board of Governors, a member shall be given thirty (30) days’ notice by the Board of Governors of the GUAM BAR ASSOCIATION by mail that his annual fee has not been received by the Treasurer. If he fails to pay the same within thirty (30) days after the mailing of the notice, a second thirty-day notice shall be mailed and if he fails to pay the same within this period, this Court shall enter an Order removing his name from the roll of those attorneys admitted to the Bar of Guam and said person shall be required to qualify anew pursuant to Section 28019 before being re-registered as an active member of the Bar.

Section 2: Amount of Annual Fee. The amount of the annual fee shall be fixed by the Board of Governors and approved by this Court. Any increase therein likewise shall be approved by the Court. Until otherwise provided, active member fees shall be $300 per annum. The fees assessed shall be based on the anticipated annual cost of the GUAM BAR ASSOCIATION as determined by the Board of Governors in discharging its obligations and duties hereunder. A change in the amount of fees shall take effect as of January 1 of the year following the action of the Board of Governors. The fees of inactive and associate members shall be $75.00 per annum. (Amended 12/2003)

Section 3: Receipts and Disbursements. All receipts of the GUAM BAR ASSOCIATION shall be deposited in a fund hereby created for and limited to the purposes of the GUAM BAR ASSOCIATION and shall be disbursed as provided by the By-Laws.

RULE 10 AMENDMENT AND EFFECTIVE DATE

Section 1: Amendment. This Court may, on motion of the GUAM BAR ASSOCIATION or on its own motion, amend these Rules at any time.

Section 2: Effective Date. These Rules shall take effect upon the date fixed by Order of the Court in accordance with the terms and provisions prescribed therein.