PREAMBLE
The Student Bar Association shall serve as an advocate for the students of Emory University School of Law, shall ensure that their rights are respected, shall act as the official voice of the student body, shall represent the students’ interests in all matters, and shall enact legislation with these goals in mind.
The Student Bar Association shall create and fund student organizations that further the educational and social purposes attendant to law students, and provide support to those organizations as deemed appropriate.
The Student Bar Association shall strive to build a community comprised of students, faculty, staff, and alumni that embodies the aspirations and responds to the needs of the student body.
ARTICLE I ESTABLISHMENT
SECTION 1. AUTHORITY This Constitution shall be the ultimate authority in the exercise of power by and on behalf of the student body of Emory University School of Law. The Student Bar Association shall be the Graduate Assembly that represents Emory University School of Law students before the Graduate Student Government Association.
SECTION 2. LIMITATIONS ON AUTHORITY The powers granted herein are subject only to the provisions of the Student Government Association and the Graduate Student Government Association, the university-wide student governing authorities that oversee this body.
SECTION 3. THE STUDENT BAR ASSOCIATION Student governing authority shall be vested in the Student Bar Association (SBA) under the provisions of this Constitution.
SECTION 4. MEMBERSHIP All students officially enrolled in the Emory University School of Law are members of the Student Bar.
SECTION 5. GOVERNANCE The Student Bar Association may promulgate Standing Rules and other Associated Documents to enforce or expand upon the provisions of this Constitution so long as those rules are consistent with the letter and intent of this Constitution.
ARTICLE II. DUTIES AND RIGHTS
SECTION 1. DUTIES OF THE STUDENT BAR ASSOCIATION The Student Bar Association shall:
A. Provide the student body with a representative democratic government;
B. Provide a forum for the expression of ideas concerning the intellectual, educational, professional, moral, and social aspects of student life;
C. Promote a high quality of life for the members of the Emory University School of Law community;
D. Spend and responsibly manage student activity fee funds that are distributed to the SBA;
E. Serve as a liaison between and encourage interaction amongst students, faculty, and administration of the Emory University School of Law;
F. Serve as a liaison between and encourage interaction amongst students and alumni of the Emory University School of Law;
G. Encourage participation by the members of the Emory University School of Law in serving the needs of the greater Atlanta community and the State of Georgia; and
H. Ensure that the Professional Conduct Code is promoted and justly enforced for all law school activities, both on and off campus.
SECTION 2. STUDENT RIGHTS
A. This Constitution affirms the Student Bar Association’s duty to advocate for the following rights for the members of the Student Bar:
1. The right of academic freedom;
2. The right to assemble freely and peacefully;
B. This Constitution guarantees the following rights for the members of the Student Bar:
1. The right to petition the Student Bar Association and the University
Administration for a redress of grievances;
2. The right of freedom from discrimination by any student organization on the basis of race, age, religion, national origin, gender, marital status, sexual orientation, veteran status, or physical disability;
3. The right to equal protection under this Constitution, and under the laws of organizations chartered by the SBA;
4. The right to due process under the regulations of the SBA;
5. The right to fair and equal treatment for all students charged with any violation
of rules governing students, and the right to a fair hearing regarding those accusations;
6. The right to request and be granted a hearing before a body in which peers are included when charged with a violation of the Professional Conduct Code or SBA Constitution, or any other University policy or guideline;
7. The right to appeal any judicial decision on the basis of interpretation, procedure, new evidence, or violation of rights;
8. The right to organize into formal groups in order to focus upon particular ideas, activities, and objectives, subject to the provisions of this Constitution and the guidelines set forth by the Student Bar Association;
9. The right to vote in the election of the enumerated officers of the Student Bar Association;
10. The right to vote on any referenda placed before the student body for consideration;
11. The right to review and inspect any student government document, including budgets, minutes, etc., except when such review would unduly interfere with the personal privacy rights of individual students. In those situations, all efforts must be made to provide the requested information, including the use of redaction of sensitive material;
12. The right to attend all meetings of the Student Bar Association, except when meeting in Executive Session or budget hearings.
SECTION 3. STUDENT RESPONSIBILITY It shall be the responsibility of every student of Emory University School of Law to obey the Professional Conduct Code as well as the provisions of this Constitution and the rules of the Student Bar Association.
ARTICLE III. THE STUDENT BAR
SECTION1. BRANCHES OF GOVERNMENT AND DIVISION OF POWERS The Student Bar’s power shall be vested in the Student Bar Association and the Professional Conduct Court.
SECTION 2. LEGISLATIVE, EXECUTIVE, AND JUDICIAL POWER
A. The Student Bar Association shall exercise the executive and legislative functions on behalf of the Student Bar.
B. The Professional Conduct Court shall exercise the judicial functions on behalf of the Student Bar.
ARTICLE IV. POWERS OF THE STUDENT BAR ASSOCIATION
The Student Bar Association shall:
A. Advocate on behalf of the Student Bar or its members;
B. Have the exclusive power to recognize and fund organizations of the Emory University School of Law through a chartering process;
C. Create, oversee, and dissolve any committees of the Student Bar Association;
D. Review, amend, and approve the yearly budget of the Student Bar Association as submitted by the Treasurer;
E. When necessary, initiate referenda to be decided by vote of the membership of the Student Bar, to express either commendation or censure of any student, faculty, or administrative policies;
F. Place constitutional amendments before the student body for vote, and enact any constitutional amendments passed by a majority of the student body; and
G. Shall oversee governance of the Et Al Store.
ARTICLE V. STRUCTURE OF THE STUDENT BAR ASSOCIATION
SECTION 1. MEMBERSHIP The Student Bar Association shall consist of the below enumerated Executive Officers, three Representatives per class elected by members of their respective class, Representatives to the Graduate Student Government Association, Representatives to the Student Government Association, Representative to the University Senate, and the American Bar Association Representative elected by the entire student body and any directors or committee chairpersons appointed by the Executive Officers. The Executive Officers elected by the entire student body and Representatives elected by each class shall comprise the voting members of the SBA, all others shall comprise the non-voting ex-officio members.
SECTION 2. THE PRESIDING OFFICER The presiding officer of the Student Bar Association shall be the SBA President. In the absence of the SBA President, the SBA Vice President for Academic Affairs shall preside over the meeting or in his or her absence the Vice President for Student Affairs, or in his or her absence the Vice President of Community Outreach, or in his or her absence the Vice President of Alumni Engagement, or in his or her absence the Secretary, and in his or her absence t he Treasurer.
SECTION 3. ELECTIONS All voting members of the Student Bar Association shall be elected by the members of the Student Bar as outlined in the Election Code of the SBA. Should a vacancy in any office exist between elections the President shall appoint a replacement to serve until the next regularly schedule election.
SECTION 4. MEETINGS
A. The Student Bar Association shall meet on a regular basis, at least monthly during the school year, and from time to time for such special meetings as may be necessary.
B. A quorum shall consist of a majority of the voting members of the Student Bar Association.
C. The Student Bar Association shall adopt Robert’s Rules of Order Revised to govern the procedure of all meetings, with such exceptions as described in its Standing Rules.
D. All members are expected to attend every meeting except for good reason.
ARTICLE VI. STUDENT BAR ASSOCIATION EXECUTIVE OFFICERS
SECTION 1. MEMBERSHIP The Executive Officers of the Student Bar Association are the President, the Vice President of Academic Affairs, the Vice President of Student Affairs, the Vice President of Community Outreach, the Vice President of Alumni Engagement, the Treasurer, and the Secretary.
SECTION 2. ORDER OF SUCCESSION In the event of a vacancy in the office of the President, the following is the order of succession: The Vice President of Academic Affairs, the Vice President of Student Affairs, the Vice President of Community Outreach, the Vice President of Alumni Engagement, the Secretary, and the Treasurer.
SECTION 3. THE PRESIDENT OF THE STUDENT BAR ASSOCIATION The President of the Student Bar Association shall:
A. Schedule regular meetings of the Student Bar Association and call special meetings as deemed necessary upon adequate notice;
B. Preside at all Student Bar Association meetings unless there is a conflict of interest or a majority of the voting members have selected another presiding officer;
C. Create and timely publicize the Student Bar Association meeting agenda while incorporating agenda items contributed by other members of the Student Bar Association;
D. Appoint chairpersons to ad hoc committees and nominate chairpersons, subject to Student Bar Association approval, to permanent committees not appointed by the Vice President of Academic Affairs;
E. Nominate qualified students to fill vacant positions on the Student Bar Association, subject to Student Bar Association approval;
F. Timely and regularly inform the Student Bar Association of actions he or she is taking;
G. Timely and regularly inform the Student Bar Association of relevant communications from administration officials or others regarding Student Bar Association business;
H. Regularly report to and take direction from the Student Bar Association regarding student affairs; and
I. Ensure that the Student Bar Association Constitution is being followed.
SECTION 4. THE VICE PRESIDENT OF ACADEMIC AFFAIRS The Vice President of Academic Affairs shall:
A. Represent the academic interests of the Student Bar to the faculty and administration;
B. Serve on the appropriate faculty and administrative committees;
C. Appoint student members to appropriate faculty committees, including the Curriculum, Colloquium, and Faculty Appointment committees, subject to Student Bar Association approval before the first meeting of each respective committee;
D. Organize and implement the Student Mentor Program;
E. Distribute and collect course evaluation surveys every semester;
F. Regularly report to and take direction from the Student Bar Association regarding academic affairs, including informing the Student Bar Association regarding possible changes in administration policy;
G. Regularly report to and take direction from the Student Bar Association regarding academic affairs; and
H. Ensure that the SBA outline bank and curve database are up to date.
SECTION 5. THE VICE PRESIDENT OF STUDENT AFFAIRS The Vice President of Student Affairs shall:
A. Communicate regularly with the Dean for Student Affairs;
B. Plan, organize, and publicize social events for the Student Bar Association;
C. Serve as coordinator of the Harvest Moon Ball, Barrister’s Ball and weekly “bar reviews;”
D. Assist the Assistant Dean for Student Affairs in the planning and running of Orientation for the incoming 1L class; and
E. Regularly report to and take direction from the Student Bar Association regarding student affairs.
SECTION 6. THE VICE PRESIDENT OF COMMUNITY OUTREACH The Vice President of Community Outreach shall:
A. Provide opportunities for the students, faculty, and administration of the Emory University School of Law to participate in community service activities within the greater Atlanta area and Georgia;
B. Coordinate community service and other events with other divisions of Emory University;
C. Plan and organize volunteer activities, including activities in conjunction with both Harvest Moon Ball and Barrister’s Ball;
D. When appropriate, provide recognition for outstanding community service; and E. At his or her own discretion, establish a Community Outreach committee.
SECTION 7. THE VICE PRESIDENT OF ALUMNI ENGAGEMENT The Vice President of Alumni Engagement shall:
A. Facilitate collaboration between the Office of Development & Alumni Affairs, the Student Bar Association, and Student Organizations;
B. Communicate regularly with the Office of Development and Alumni Relations;
C. Develop protocols and procedures with the Office of Development and Alumni Relations that streamline the process of involving Alumni in Student Bar Association and Student Organization Events;
D. Identify opportunities to integrate Alumni in Student Organization events and activities and assist Student Organization Leaders in working with the Office of Development & Alumni Relations;
E. Plan events for students to develop meaningful relationships with Alumni in a variety of settings;
F. Assist the Office of Development and Alumni Relations with the creation and management of an ambassador program for students to become involved with Development and Alumni Relations-related events; F. Report to the Student Bar Association and Council of Presidents about Office of Development & Alumni Relations events and facilitate the involvement of students in those events; and
G. Regularly report to and take direction from the Student Bar Association regarding Alumni Engagement issues.
SECTION 8. THE SECRETARY The Secretary shall:
A. Keep minutes of all meetings that include details of the proceedings, presence or absence of members, and votes;
B. Timely and regularly publish meeting minutes and in all other ways maintain the Student Bar Association website with help from the Information Technology Department;
C. Serve as Administrator of the Org-Announce listserv;
D. Create and maintain a mechanism for feedback and suggestions from the Student Bar; and F. Assist the Vice-President of Academic Affairs in keeping the outline bank up to date.
SECTION 8. TREASURER The Treasurer shall:
A. Administer the financial affairs of the Student Bar Association;
B. Maintain accurate and up to date record of all receipts and disbursement of funds;
C. Make a monthly accounting to the Student Bar Association regarding financial affairs;
D. Prepare the Student Bar Association annual budget, by the required date, to be submitted to the Emory University Graduate Student Government Association and Student Government Association in accordance with the appropriations approved by the Student Bar Association;
E. Provide the Student Bar Association with a history of appropriation requests by and grants to student organizations in anticipation of the annual organization budget request meeting;
F. Chair the organization budget request meeting;
G. When necessary, require an accounting from any law school student organization and Et Al, the Law School’s SBA-operated store; and
H. Serve as liaison between Et Al and the Student Bar Association and regularly report on its financial affairs and management to the Student Bar Association.
ARTICLE VII. STUDENT BAR ASSOCIATION REPRESENTATIVES
SECTION 1. MEMBERSHIP The Student Bar Association Representatives shall consist of a total of nine Representatives, with three representatives elected from each class.
SECTION 2. DUTIES OF STUDENT BAR ASSOCIATION REPRESENTATIVES Unlike the Officers whose duties are explicit and limited, Representatives have the freedom to evaluate the greatest concerns to their constituents and work to respond to those concerns. As such, Representatives have the privilege of choosing their own priorities and the attendant obligation to carve out an area of interest and expertise. Each Representative shall serve on at least one committee organized by the four Vice Presidents. Representatives may be otherwise called upon to provide assistance to Officers. Representatives may also organize themselves into standing or ad hoc committees to work together to address specific issues or broader areas of interest.
ARTICLE VIII. EX-OFFICIO MEMBERS OF THE STUDENT BAR ASSOCIATION
SECTION 1. MEMBERSHIP The Ex-Officio Members of the Student Bar Association include the Representatives to the Graduate Student Government Association, the Student Government Association, the University Senate, and the American Bar Association.
SECTION 2. VOTING The Ex-Officio Members, unlike Officers and Representatives, do not have the right to vote in Student Bar Association meetings. However, they retain all other rights and privileges, including the ability to participate in debate and to sit on and vote in committees, except Committee of the Whole where they may only engage in debate.
SECTION 3. COMMON DUTIES All Ex-Officio Members are expected to attend every Student Bar Association meeting and each Member is expected to:
A. Represent the interests of Emory University School of Law to their respective body;
B. Act as a liaison between the Student Bar Association and the appropriate body; and
C. Make regular reports to the Student Bar Association as to upcoming and ongoing activities and actions of the other body to which they are a member; and D. Facilitate communications to the Student Bar of upcoming and ongoing activities and actions of the other body to which they are a member.
ARTICLE IX. THE PROFESSIONAL CONDUCT COURT
SECTION 1. POWER The judicial power of the Student Bar Association shall be vested in the Professional Conduct Court. The Professional Conduct Court shall perform the duties set forth in the Professional Conduct Code.
SECTION 2. MEMBERSHIP The Professional Conduct Court shall consist of two student Justices, a Prosecutor, a Deputy Prosecutor, a Public Defender, and any other such faculty, administrator, or alumna or alumnus as provided for in the Professional Conduct Code. The student members of the Professional Conduct Court shall be elected by the members of the Student Bar. The prosecutor must be a rising third year student and the deputy prosecutor must be a rising second year student.
SECTION 3. DUTIES The student members of the Professional Conduct Court shall:
A. Work with the Student Bar Association to engender a sense of honor and professionalism within the Emory Law School Community consistent with the mission of the Student Bar Association;
B. Interpret this Constitution at the request of a member of the Student Bar;
C. Conduct elections of the Student Bar Association and the Professional Conduct Court in accordance with procedures outlined in the Elections Code; and
D. Preside over impeachment proceedings.
ARTICLE X. ELECTIONS
All elections shall be conducted in accordance with the Election Code of the SBA.
SECTION 1. TERM OF OFFICE
A. Members of the Student Bar Association and the Professional Conduct Court shall serve for a term of one year. The term shall end at the induction of the new Student Bar Association.
B. The incoming Student Bar Association and the Professional Conduct Court shall begin to serve as soon as practical after the results of the second round of elections have been announced. Any interim period shall allow for a smooth transition and a training period to orient the new members to the proper procedures and job responsibilities.
SECTION 2. QUALIFICATIONS
A. Candidates must be registered students at the Emory University School of Law and must plan to be enrolled in courses at Emory University School of Law during the entire term of office.
B. No student shall be a candidate for more than one office in any round of elections.
C. No student shall hold more than one Student Bar Association or Professional Conduct Court Office at any one time.
D. Elections must be held so that all students have a reasonable opportunity to vote and participate.
E. No member of the Professional Conduct Court shall participate in the election supervision process if he or she is a candidate for any office.
SECTION 3. BALLOTS
A. All elections shall be by secret ballot. B. Elections may be held on paper or by electronic ballot.
SECTION 4. OATH OF OFFICE
A. The Oath for the Student Bar Association shall be: “I, [Name], do solemnly affirm that I will faithfully perform the duties of my office, and I will preserve and uphold the Constitution of the Student Bar Association. I also pledge to follow the Professional Conduct Code in all my endeavors.”
B. The Oath for the Professional Conduct Court shall be: “I, [Name], do solemnly affirm that I will faithfully perform my duties as a member of the Professional Conduct Court, and I will uphold the Professional Conduct Code and the Constitution of the Student Bar Association.”
C. The Oath must be administered by a current justice of the Conduct Court on the first session of the incoming Student Bar Association following elections.
ARTICLE XI. REMOVAL AND IMPEACHMENT
SECTION 1. INITIATION Any member of the Student Bar Association may initiate an action to remove any member of the Student Bar Association or Professional Conduct Court for cause. A removal action may also be initiated by a petition of 1/4 of the Student Bar.
SECTION 2. CAUSE OF ACTION Cause shall consist of any material violation of any provision of this Constitution, the Professional Conduct Code, or the neglect or refusal to perform and of the duties and obligations of the charged party’s office.
SECTION 3. PROCEDURES
A. The initiating individual must provide a written complaint to the President, unless the officer being charged is the President. In that case, the written complaint shall be given to the Vice President of Academic Affairs.
B. The President (or Vice President of Academic Affairs) must serve a copy of the complaint on the member of the Student Bar Association or Professional Conduct Court charged with removal. A copy of the complaint must also be provided to both the Prosecutor and Public Defender of the Professional Conduct Court as well as all members of the Student Bar Association.
C. The charged member of the Student Bar Association or Professional Conduct Court may submit within one week a statement in defense to the President (or the Vice President of Academic Affairs) who shall furnish a copy to both the Prosecutor and the Public Defender of the Professional Conduct Court as well as all members of the Student Bar Association.
D. The President or Vice President of Academic Affairs shall provide to both the charging and the charged parties the opportunity to be heard by a mandatory meeting of the entire Student Bar Association within two weeks of the charge being served. In the case of a petition by members of the Student Bar, two such members shall be invited to this meeting to represent the interests of the petitioners. The Prosecutor and the Public Defender of the Professional Conduct Court must be present at such a meeting. The meeting is open to the public.
E. The Student Bar Association, excluding the charging and charged parties, shall vote by secret ballot on the removal of the member. Removal requires a vote by three-fourths (3/4) of the Student Bar Association.
ARTICLE XII. AMENDMENTS
SECTION 1. SBA MEMBER AMENDMENT When an amendment is proposed by a member of the Student Bar Association, ratification of any proposed amendment to this Constitutional shall require a two-thirds (2/3) vote of the Student Bar Association, subject to the approval of the majority of vote of the Student Bar.
SECTION 2. STUDENT BAR AMENDMENT When an amendment is proposed by a member of the Student Bar, ratification of any proposed amendment to this Constitution shall require a majority vote provided at least fifty percent plus one of the Student Bar participates in the vote. Such proposals shall be posted via email to the Student Bar at least one week before the vote of the Student Bar is taken.
SECTION 3. TAKING EFFECT Any amendments so ratified shall take effect immediately upon approval unless otherwise specified by the amendment.