DISTRICT AND
MUNICIPAL COURT JUDGES' ASSOCIATION
BYLAWS (June
7, 2011)
(ADOPTED 1978 ANNUAL MEETING)
(AMENDED 1979 ANNUAL MEETING)
(AMENDED 1981 ANNUAL MEETING)
(AMENDED 1983 ANNUAL MEETING) SPRING
(AMENDED 1983 ANNUAL MEETING) FALL
(AMENDED 1984 ANNUAL MEETING) FALL
(AMENDED 1985 ANNUAL MEETING) SPRING
(AMENDED 1988 ANNUAL MEETING) SPRING
(AMENDED 1991 ANNUAL MEETING) FALL
(AMENDED 1993 ANNUAL MEETING) SPRING
(AMENDED 1994 ANNUAL MEETING) SPRING
(AMENDED 1995 ANNUAL MEETING) SPRING
(AMENDED 1996 ANNUAL MEETING) FALL
(AMENDED 1998 ANNUAL MEETING) SPRING
(AMENDED 2000 ANNUAL MEETING) SPRING
(AMENDED 2001 ANNUAL MEETING) SPRING
(AMENDED 2002 ANNUAL MEETING) SPRING
(AMENDED 2003 ANNUAL MEETING) SPRING
(AMENDED 2006 ANNUAL MEETING) SPRING
(AMENDED 2008 ANNUAL MEETING) SPRING
(AMENDED 2009 ANNUAL MEETING) SPRING
(AMENDED 2010 ANNUAL MEETING) SPRING
(AMENDED 2011 ANNUAL MEETING) SPRING
ARTICLE I
- Name
The name
of this Association shall be the WASHINGTON STATE DISTRICT AND MUNICIPAL
COURT JUDGES' ASSOCIATION.
ARTICLE
II - Purpose
The
purpose of the District and Municipal Court Judges' Association shall be:
(1)
To improve the administration of justice in the courts of limited
jurisdiction and to recommend and support proposals to that end;
(2)
To continuously survey and study the operation of the courts served by its
membership, the volume and condition of business of such courts, the methods
of procedure therein, the work accomplished, and the character of the
results;
(3)
To promulgate suggested rules for the administration of the courts of
limited jurisdiction not inconsistent with the laws or rules of the Supreme
Court relating to such courts.
ARTICLE III - Membership
Section
1. Eligibility for Membership:
(a)
Active Membership:
All duly elected or appointed and qualified judges,
commissioners, magistrates and General Rule 8 judicial officers of courts of
limited jurisdiction in the state of Washington shall be eligible to active
membership in the Association upon payment of regular dues and assessments.
(b)
Associate Membership:
Any
former active member of the Association who is no longer serving as a judge,
commissioner, or judicial officer of a court of limited jurisdiction may
become an associate member of this Association by payment of annual dues set
by the Board. Such member shall be entitled to free distribution of the
Association Newsletter and may attend workshops, seminars, and conventions
on payment of proper registration fees, but shall have no right to vote.
Section
2. Diversity in All Activities Mandated:
(a)
Policy Statement:
The
Association actively seeks diversity of member participation in all aspects
of its operations. Association offices, committees and activities shall be
representative of members with a diversity of age, gender, ethnic
background, experience, geographic balance and past service to the board.
(b)
Specific Applications:
The
President shall apply the Association's policy of diversity in all
appointments made by the President. The Nominating Committee shall apply
the Association's policy of diversity in selecting its slate of candidates.
(c) Support Efforts to Increase the Diversity of Membership in the
Judiciary:
The Board
of Governors shall support and encourage legal and judicial associations
such as the Washington State Bar Association, the Washington State Minority
and Justice Commission, the Washington State Gender and Justice Commission,
and the minority bar associations in their effort to provide opportunities
for appointment and/or election of individuals of diversity to the
judiciary.
ARTICLE
IV - Dues
Section
1. Amount of Dues:
The
annual membership dues of the Association for the calendar year shall be set
by the Board.
Section
2. Method of Payment:
All dues
shall be paid by February 15th of each year. If dues are not paid by said
date, a demand for their payment shall be made to the judge.
Judges
sitting in more than one court are responsible for ensuring that full dues
are paid. The judge is responsible for apportionment of payments between
courts in which the judge sits.
Section
3. Delinquency:
After May
1, a non-paying member shall not be a member in good standing or entitled to
any rights or privileges of active membership and shall be so notified in
writing by the Secretary-Treasurer.
ARTICLE V
- Officers
Section
1. Designated:
The
elective officers of the Association shall be a President, a
President-Elect, a Vice President, a Secretary-Treasurer, and nine
members-at-large of the Board of Governors. All officers must be members in
good standing in the Association to be eligible to hold office. The
President, President-Elect, Vice President, Secretary-Treasurer and
Immediate Past-President shall be members of the Board of Governors.
Additionally, the Chair of the Legislative Committee shall serve as an
ex-officio, non-voting member of the Board of Governors.
Section
2. Duties of Officers:
(a)
The President shall be the official representative of the Association. The
President shall preside at all meetings of the Association and shall call
special meetings as provided by Article VI, Section 2. The President shall
appoint the Chair of all committees except the Nominating Committee. The
President shall perform all other duties incident and pertaining to the
office of President.
(b)
The President-Elect shall perform such duties as may be delegated by the
President and shall be an ex officio member of the Board for Judicial
Administration. The President-Elect shall automatically accede to the
office of President on the 1st day of June, or at the conclusion of the
Annual Meeting, whichever last occurs, of the year following his/her
election to the office of President-Elect unless a petition shall be filed
with the Secretary-Treasurer of the Association not less than thirty (30)
days prior to the regular scheduled Spring Conference. Such petition shall
request election to the office of President at the Spring Conference and
must be signed by not less than twenty-five percent (25%) of the eligible
membership. Upon filing of such a petition, an election to the office of
President will be held at the Spring Conference. The President-Elect shall
preside at meetings and perform the duties of the President in the absence
or disability of the President.
(c)
The
Vice-President shall perform such duties as may be delegated by the
President and shall Chair the Long Range Planning Committee. The
Vice-President shall preside at meetings and perform the duties of the
President-Elect in the absence or disability of the President or
President-Elect.
The Vice-President shall also serve as the Special Fund Custodian. It shall
be the Special Fund Custodian’s duty to receipt Special Fund contributions,
timely deposit all receipts and pay invoices as approved by the Board and to
make other expenditures that are authorized by the “Special Fund Policies
and Use Criteria.” The Special Fund Custodian shall report to the Board and
DMCJA membership as required by the “Special Fund Policies and Use
Criteria.” The Special Fund Custodian is responsible for managing the
Special Fund account in accordance with the “Special Fund Policies and Use
Criteria.” If sound principles of money management require the “Special
Fund Policies and Use Criteria” to be amended, the Special Fund Custodian
shall make such recommendations to the Board.
(d)
The
Secretary-Treasurer shall keep a full and complete record of the meetings of
the Association and the Board of Governors. The Secretary-Treasurer shall
keep a copy of the Bylaws of the Association and have them available for
reference at all meetings of the Association and the Board of Governors.
The Secretary-Treasurer shall give written notice of the Annual Meeting and
such special meetings as may be called to all members in good standing of
the Association. Such written notice may be given by mail or email. The
Secretary-Treasurer shall be responsible for collecting all dues and shall
receive all money due the Association. The Secretary-Treasurer shall pay
all bills according to procedures established by the Board of Governors.
The Secretary-Treasurer shall keep an accurate account of all money received
and disbursed and shall provide a written financial statement to each member
by the Annual Meeting State Judicial Conference and to each member of the
Board of Governors by the Annual Meeting State Judicial Conference and such
other Board meetings as may be called. The Secretary-Treasurer shall be
bonded in favor of the Association in the principal sum of not less than
$35,000 by a recognized bonding company, the premium to be paid by the
Association. The Secretary-Treasurer's Annual Report shall be reviewed by
the Auditing Committee to be appointed by the President.
Section
3. Election of Officers:
Election
of all officers and members-at-large of the Board of Governors shall be held
at the Spring Conference. Terms of office shall commence on June 1, of each
year or at the conclusion of the Annual Meeting, whichever last occurs.
(a)
The election shall be by ballot at the Spring Conference.
(b)
All Officers and Board members shall serve until their successors are
elected and installed.
(c) An Officer or Board member shall not serve more than one term in
the same office consecutively, however, an Officer or Board member may serve
an unexpired term, less than a full term, and then serve a consecutive term.
(d)
A member may not hold more than one elected office within the Association at
the same time.
Section
4. Vacancies:
All
vacancies in office except that in the office of President shall be filled
by a member of the Association appointed by the President with ratification
of the Board of Governors. A vacancy in the Presidency shall be filled by
the President-Elect until the next regular session.
ARTICLE
VI - Meetings and Quorum
Section
1. Association Meetings:
The
Association shall meet annually in the state of Washington at a date, time
and place to be determined by the Board of Governors. This meeting shall be
known as the Annual Meeting and will be held at Spring Conference. An
additional membership meeting will be held in conjunction with the
Washington Judicial Conference. Written notice of the Annual Meeting shall
be sent to all members in good standing by the Secretary-Treasurer at least
30 days in advance.
Section 2. Special Meetings:
The
President with the consent of a majority of the Board of Governors may call
a special meeting, provided that written notice of the date, time and place,
and business to be brought before the special meeting shall be sent to all
members of the Association.
Section
3. Quorum:
A quorum
for the Annual Meeting of the Association shall be one-sixth of the active
membership. A quorum for the special meeting shall be one-fourth of the
active membership.
ARTICLE
VII - Board of Governors
Section
1. Membership:
There
shall be fourteen members of the DMCJA Board of Governors elected from the
membership at large, of whom five (5) shall be officers, and nine (9) shall
be board members and shall be designated as board positions one (1) through
nine (9). Board membership shall at all times include at least three
municipal court judges of whom one is part-time, three district court judges
of whom one is part-time, and one commissioner or magistrate, and positions
one (1) through seven (7) shall be designated respectively. Positions eight
(8) and nine (9) shall be open positions.
If any
position designated one (1) through seven (7) is not filled because there is
no candidate for the position, then that position shall be filled by a
qualified candidate by appointment by the President with ratification of the
Board of Governors at the first Board meeting following the annual election.
If after
any annual election there is not at least one member of the Board of
Governors from a minority group and one member from each gender, the Board
of Governors shall be increased to include such additional member or members
by appointment by the President with ratification of the Board of Governors
at the first Board meeting following the annual election. The additional
member or members so elected shall serve for a three-year term.
Section
2. Vacancies:
All
vacancies in office shall be filled by a member of the Association appointed
by the President with ratification of the Board of Governors.
Section 3. Meetings:
(a)
The Board
of Governors shall meet at the call of the President, during the Annual
Meeting, and at such other times as the President or a majority of the Board
of Governors may deem necessary provided written notice is given to all
members of the Board at least 10 days in advance. The Association may
reimburse the Board of Governors their necessary travel expenses to attend
any Board meeting, except in connection with the Annual Meeting.
(b)
A quorum
for a meeting of the Board of Governors shall be one-half of its members.
(c)
The Board
of Governors shall provide for at least on an annual basis, an audit of the
books, records and accounts maintained by the Treasurer and the audit shall
review the Treasurer’s Annual Report.
ARTICLE
VIII - Board for Judicial Administration
Section
1. BJA Representative:
The
Association shall be represented on the Board for Judicial Administration
(BJA) by the Association President and by four members, as follows: One (1)
municipal court judge, one (1) district court judge and two (2) members at
large. Selection shall be by vote of the membership as with other
Association officers. The Association President position shall be for the
period of the Association Presidency. The President-Elect shall be an ex
officio member of the BJA during their term as President-Elect. All
other positions shall be for a term of four years—provided that the terms of
members which begin on July 1, 2010 and July 1, 2011 shall be for two
years. Representatives shall not serve more than two terms consecutively.
A representative may serve an unexpired term, less than a full term, and
then serve two consecutive terms.
Selection
of BJA representatives shall be based on demonstrated commitment to
improving the courts and should reflect ethnic, gender, geographic and
caseload differences.
Section
2. Election of Representatives:
Election
of all representatives shall be held at the Spring Conference. Terms of
office shall commence on June 1, of the year in which elected, or at the
conclusion of the Annual Meeting, whichever last occurs.
Section
3. Vacancies:
All
vacancies in office shall be filled by a member of the Association appointed
by the President with ratification of the Board of Governors.
ARTICLE IX - Commission on Judicial Conduct
Section
1. Commission on Judicial Conduct Representatives:
The
Association shall be represented on the Commission on Judicial Conduct (CJC)
by a member and alternate who are limited jurisdiction court judges.
Section
2. Election of Representatives:
The Nominating Committee shall
select not more than two limited jurisdiction court judges as candidates for
each open position, and shall submit the names of the nominees for election
at the next Spring Conference. Election
of representatives shall be held at the Spring Conference. Terms of office
are for four years and shall commence on June 1, of the year in which
elected, or at the conclusion of the Annual Meeting, whichever last occurs.
Elections shall be held pursuant to the terms of RCW 2.64.020.
Section
3. Vacancies:
All
vacancies in office shall be filled by a member of the Association appointed
by the President with ratification of the Board of Governors.
ARTICLE X
- Committees
Section
1. Membership of Committees:
There
shall be eleven (11) standing committees and other such committees as may be
authorized by the Association and by the President. The standing committees
shall be the Nominating Committee, Bylaws Committee, Conference Committee,
Legislative Committee, Court Rules Committee, Education Committee, Rural
Courts Committee, Long Range Planning Committee, Diversity Committee,
Salaries and Benefits Committee, and Judicial Assistance Services Program.
Committee Chairs shall submit written annual reports to the members at the
Association's Annual Meeting. In selecting members for the Association's
committees, the President should make every effort to assign a member to the
member's first preferred committee, even if such assignment increases the
committee's size.
Section 2. Committee Functions:
(a)
Nominating Committee:
(1)
The Nominating Committee shall serve for one year and shall consist of not
less than five members with at least one member from each of the following
four geographical areas: northeastern, southeastern, northwestern, and
southwestern Washington, and one member-at-large.
(2)
At the Board meeting in October, the President will appoint the members of
the Nominating Committee. The Immediate Past-President will Chair the
Nominating Committee. No more than one member of the Nominating Committee
may be a member of the present Board of Governors.
(3)
The Nominating Committee shall select a slate of candidates from members in
good standing. It will select not more than two candidates for
Vice-President, Secretary-Treasurer, and President-Elect who shall serve one
year, and three Board members-at-large, who shall serve on the Board for
three years. The Committee shall also select not less than two (2)
candidates to serve as a representative to the Board for Judicial
Administration for a four (4) year term.
(4)
The Nominating Committee, after soliciting suggestions of nominees
and after securing the consent of the nominees to serve, shall submit its
report to the Board at its March business meeting. The names of the
nominees will be published in the written notice of the Spring Conference
and in the Minutes of the Board's March meeting. Nominations for all
offices except President may be made by the members, at the Spring
Conference.
(b)
Education Committee:
(1)
The Education Committee shall develop and administer a mentor program for
new judges, commissioners, and judicial officers. Efforts should be made to
contact new judges, commissioners, and judicial officers immediately upon
their commencement of service and to select mentor judges, commissioners,
and judicial officers geographically proximate to the judge they advise.
(2)
The Education Committee shall develop educational programs for the
Association's Spring Conference and such other educational seminars as may
become available consistent with policies of the Board for Court Education
(BCE).
(3)
The Education Committee shall administer the Continuing Judicial Education
requirement as contained in these Bylaws.
(4)
The Education Committee shall consist of twelve members. Terms of the
members shall be three years, and be staggered so that four new members
shall be appointed each year. All DMCJA representatives on BCE shall be ex
officio members of the Education Committee.
(5)
The incoming President shall appoint a member of the Committee as Chair of
the Committee for a term of one year.
(c) Long Range Planning Committee:
(1)
The Long Range Planning Committee shall consist of four (4) district court
members and four (4) municipal court members. Part-time and full-time
courts shall be represented. In making appointments, the President shall
take into consideration the Associations’ diversity policy. The President
shall have the discretion to appoint other members with institutional memory
or expertise as needed to address specific issues. The Chair of the Long
Range Planning Committee shall be the current Vice-President.
(2)
The Long Range Planning Committee will consider issues relating to long
range planning and review processes.
(3)
The Long Range Planning Committee shall conduct an annual review of such
issues.
(d)
Diversity Policy Implementation Committee:
(1)
The Diversity Committee will consider issues relating to diversity and shall
recommend to the Board of Governors ways to promote the implementation of
the current Diversity Policy Statement adopted by the Association.
(2)
In promoting the Diversity Policy Statement, the Diversity Committee should
strive to coordinate activities with the Washington State Bar Association,
the Washington State Minority and Justice Commission, the Washington State
Gender and Justice Commission, the minority bar associations and any legal
or judicial associations or committees with the stated goals of encouraging
diversity in the judiciary.
(3)
Terms of the members shall be two years, and be staggered to insure a slower
rate of turnover on the committee and greater continuity in the planning
process.
(e)
Salaries and Benefits Committee:
(1)
The Salaries and Benefits Committee shall consider issues relating to
salaries and benefits and make recommendations to the Board of Governors.
(2)
The Salaries and Benefits Committee will be funded from the Special
Fund/Legislative Assessment.
(f) Judicial Assistance Services Program (JASP) Committee:
(1)
The JASP will be a joint committee with the Superior Court Judges’
Association to offer confidential assistance for judges with personal
problems.
(2)
Membership shall be as outlined in the committee bylaws with member duties
including training as Peer Counselors.
ARTICLE
XI - Amendments
These
Bylaws may be amended at any annual or special meeting of the Association by
a two-thirds vote of the voting members registered and present at such
meeting, a quorum being present, provided that written notice of the
proposed amendment shall have been mailed or emailed 30 days prior to the
meeting to all members of the Association in good standing.
ARTICLE XII - Rules of Order
Robert’s
Rules of Order, Revised, or such other rules of order as may be adopted by
the Board upon due consideration, shall govern this Association in all
parliamentary procedure in which they are applicable and in which they are
not inconsistent with these Bylaws. Such rules of order shall be made
readily available to all members of the Association.
ARTICLE
XIII - Vote by Proxy
Section
1.
Authorize Vote by Proxy:
Where election is required by these bylaws, members
who are unable to vote in person may vote by proxy, consistent with this
Article.
Section
2.
Members in Good Standing:
Voting
member and proxy must be members of the DMCJA in good standing as
prescribed in Article IV of these bylaws.
Section
3. Form, Timing and Limitations:
Proxy votes are allowed for the limited purpose of
allowing members to vote who are not able to attend the Annual Meeting, or
specially set meeting at which an election is held. Voting members shall
submit their voting authority to a proxy in writing, on a form prescribed by
the DMCJA Board, not less than 15 days prior to the scheduled election. The
authority shall clearly identify the member and proxy, authorize the proxy
to cast the absent member’s vote, and be signed by the member assigning the
proxy. A member may not grant voting authority to more than one proxy in a
given election. Proxy authority may not be limited to specified offices,
Bylaws amendment(s), or other issue upon which a vote may be held.
Section
4.
Secretary/Treasurer Responsibility:
Proxies shall be received by the Secretary-Treasurer
not less than 10 days before the scheduled vote. Ballots equal to the
submitted proxy authority shall be provided to the proxy by the
Secretary-Treasurer upon receipt of a properly executed proxy.
Section
5.
Proxy Revocation:
Proxies may be revoked in writing by the assigning
party. Revocations must clearly identify the party assigning the right to
vote, the proxy, and clearly state that voting authority is being revoked.
Revocations must be received by the Secretary-Treasurer not less than 10
days before the scheduled vote. The assigning party must provide a copy of
the revocation to the proxy.
Section
6.
Restriction on Solicitation or Reassignment:
Members may not solicit proxy authorizations and may
not reassign proxy voting authority.
Section 7. Proxy Form:
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