R. Con. Bar Mich. 6
The Representative Assembly is the final policy-making body of the State Bar. No petition may be made for an increase in State Bar dues except as authorized by the Representative Assembly.
The assembly consists of:
Notwithstanding the provisions of this section, all representatives previously appointed by the Supreme Court shall serve until the end of their terms. The provisions of Section 6 with regard to the declaration of a vacancy shall also apply, where applicable, to the remaining appointed representatives. Vacancies in appointed positions shall not be filled. In order to achieve the increase in the number of elected representatives from 130 to 142, the assembly shall allocate additional seats each year as necessary to replace former appointed representatives whose terms expire or whose seats have become vacant.
The assembly shall apportion the representatives every 6 years. The judicial circuits are the election districts. Each judicial circuit is entitled to one representative. The remaining seats are to be apportioned among the circuits on the basis of lawyer population, determined on February 1 of the reapportionment year. If as a result of the reapportionment any circuit becomes entitled to fewer representatives than are currently elected therefrom, the assembly representatives from that circuit may nevertheless serve the full terms for which they were elected and the authorized membership of the assembly will be temporarily enlarged for that purpose.
A representative is elected by the active members having their principal offices in a judicial circuit. To be nominated, a member must have his or her principal office in the judicial circuit and file a petition signed by at least 5 persons entitled to vote for the nominee with the secretary at the principal office of the State Bar between April 1 and April 30. Voting eligibility is determined annually on May 1. Before June 2, the secretary shall mail or electronically deliver a ballot to everyone entitled to vote. When an assembly member seeks reelection, the election notification must disclose his or her incumbency and the number of meetings of the assembly that the incumbent has attended in the following form: "has attended ____of ____ meetings
during the period of [his or her] incumbency." A ballot may not be counted unless marked and returned to the secretary at the principal office of the State Bar in a sealed envelope bearing a postmark date not later than June 15, or returned electronically or telephonically in conformity with State Bar election procedure not later than June 15. A board of tellers appointed by the president shall canvass the ballots and the secretary shall certify the count to the supreme court clerk. A member of or candidate for the assembly may not be a teller. The candidate receiving the highest number of votes will be declared elected. In the case of a tie vote, the tellers shall determine the successful candidate by lot. An election will occur in each judicial circuit every 3 years, except that in a judicial circuit entitled to 3 or more representatives, one-third will be elected each year. If a short-term representative is to be elected at the same election as a full-term one, the member with the higher vote total is elected to the longer term.
An elected representative shall serve a three-year term beginning with the adjournment of the annual meeting following the representative's election and until his or her successor is elected. A representative may not continue to serve after completing two successive three-year terms unless service is extended under the provisions of Rule 7, Section 2.2
If an elected representative ceases to be a member of the State Bar of Michigan, dies during his or her term of office, moves his or her principal office out of the judicial circuit he or she represents, or submits a written resignation acceptable to the chairperson, the chairperson shall declare that a vacancy exists. If an elected representative does not attend two consecutive meetings of the assembly without being excused by the chairperson because of a personal or professional emergency, or does not attend three consecutive meetings of the assembly for any reason or reasons, the chairperson shall declare that a vacancy exists.
When a vacancy exists, the remaining representatives from the affected judicial circuit or, if there are none, the State Bar-recognized local bar associations in the affected judicial circuit, shall nominate a successor prior to the next meeting of the assembly. The assembly may appoint such nominee or, in the event of failure to receive such nomination, any lawyer from the affected judicial circuit, to fill the vacancy, effective immediately upon such appointment and continuing until the position is filled by the election process.
In the event that at the time a vacancy arises under this rule more than eighteen months remain in the term of an elected representative, there will be an election for the unexpired term at the next annual election of representatives. If there are less than eighteen months remaining in the term of an elected representative when a vacancy arises, no interim election will be held. The interim appointment ends when the secretary certifies the election count, and the person elected shall take his or her seat immediately.
The assembly shall meet:
A special meeting may be called by the Board of Commissioners, or by the chairperson and clerk, who shall determine the time and place of such meeting. A special meeting must be called by the chairperson on the written request of a quorum of the Representative Assembly. Fifty members constitute a quorum. The chairperson of the assembly presides at all of its meetings. The assembly may adopt rules and procedures for the transaction of its business not inconsistent with these rules or the bylaws of the State Bar. A section chairperson is entitled to floor privileges without a vote when the assembly considers a matter falling within the section's jurisdiction.
Each member of the assembly may cast only one vote. Voting by proxy is not permitted.
By order dated May 10, 2005, this Court adopted the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan with immediate effect. 472 Mich cxii-cxv (2005). Notice and an opportunity for comment at the September 29, 2005, public hearing having been provided, and consideration having been given, the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan are retained.
R. Con. Bar Mich. 6