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BAFC Membership By-laws
Section 1. Membership classifications in this Association shall be as follows:
(a) Active Members. "Active Member" means an attorney who: (i) has made application for membership in accordance with the requirements of these By-Laws; (ii) has received the affirmative vote of a majority of those members eligible to vote at any properly called meeting at which a quorum is present; (iii) has paid the membership dues in accordance herewith; (iv) is a member of the Bar of the Court of Appeals of Maryland; and (v) (a) maintains an office and practices law in Frederick County, or (b) is employed in Frederick County as legal counsel to any business, charity, governmental body, or other entity which maintains an office in Frederick County, or (c) is a retired attorney who has been an Active Member for five (5) years prior to such retirement, or (d) is a sitting judge of the Circuit Court for Frederick County, Maryland, District Court for Frederick County, Maryland, Domestic Relations Master for the Circuit Court for Frederick County, Maryland, or (e) has previously been an Active Member of the Association and is currently a judge of the Court of Appeals of Maryland, or the Court of Special Appeals of Maryland, or any Federal Court, or (f) is any other judge nominated by the unanimous vote of the Executive Committee.
(b) Associate Members. "Associate Member " means an attorney who: (i) has made application for membership in accordance with the requirements of these By-Laws; (ii) has received the affirmative vote of a majority of those members eligible to vote at any properly called meeting at which a quorum is present; (iii) has paid the membership dues in accordance herewith; (iv) is a member of the Bar of any state, district, or territory of the United States, and (v) is not eligible for membership in the Association under any other membership category.
Associate Members shall enjoy all of the rights and privileges of Active Members, except that no Associate Member shall: (i) have the right to vote, (ii) be eligible to hold office in the Association, (iii) be eligible to be a member of the Judicial Selections Committee, or (iv) be eligible to hold the position of chairperson of any committee.
(c) Honorary Members. "Honorary Member " means an attorney who: (i) is a member of the Bar of the Court of Appeals of Maryland; (ii) has been engaged in the practice of law for at least thirty-five (35) years; and (iii) is nominated by the Executive Committee as an Honorary Member.
Honorary Members shall enjoy all of the privileges of an Active Member. The obligation to pay dues to the Association shall be waived for all Honorary Members.
Section 2. (a) Application for Membership. Application for Membership in this Association shall be made on forms prescribed by the Executive Committee with the approval of the voting members, which forms at a minimum shall include the name, signature, and certification of at least one (1) Active Member and/or Honorary Member in good standing (other than the members of the Executive Committee) that the applicant qualifies for the category of membership requested. Membership applications shall be reviewed promptly upon receipt by the Executive Committee for conformity with the provisions of these Bylaws. The Executive Committee shall make such investigation as it deems necessary and recommend qualified applicants for membership. Qualified applicants shall be considered for membership in the Association by the voting membership at its next regular meeting. The affirmative vote of a majority of those present, voting and constituting a quorum shall be necessary to admit an applicant to membership. Upon admission to membership, the new member's name will be published in the next Association newsletter. Newly admitted Active and Associate Members shall pay all dues and assessments as billed by the Association.
Section 3. Certification and Reclassification. (a) Members shall certify to the accuracy of their current membership classification and/or may apply for reclassification on an annual basis and upon the payment of dues on forms prepared by the Executive Committee.
(b) The Executive Committee may reclassify a member at any time, in accordance with the provisions of this Article.
Section 4. Expulsion and Suspension. (a) Disbarment by the Maryland Court of Appeals shall automatically terminate membership in this Association.
(b) Any member expelled from the Association shall forfeit all rights and privileges of membership.
(c) Any member expelled from the Association by reason of disbarment may apply for reinstatement in this Association after such member is reinstated to practice in all jurisdictions from which such member was previously disbarred. If the expulsion from the Association was by reason other than disbarment, the former member may reapply for membership at any time after the expiration of one (1) year following such expulsion, and may be reinstated by a majority vote of the Association, upon payment of all intervening dues and assessments.
(d) Suspension from the practice of law by the Maryland Court of Appeals shall automatically suspend membership in the Association until reinstatement.
Section 5. Dues. (a) Annual dues for both Active and Associate Members shall be established from time to time by membership vote.
(b) The Treasurer shall send statements of dues to all Active and Associate Members on or before January 1 of each year; and shall send notices to all Active and Associate Members whose dues have not been paid before April 1 of each year. Any Active or Associate Member whose dues remain in arrears on June 1 of any year shall thereupon be terminated from membership in the Association by resolution of the Executive Committee. Any Active or Associate Member so terminated shall be eligible for readmission after six (6) months upon the same conditions as new applicants for membership, provided that payment of all dues and assessments in arrears are paid for the period for which the Active or Associate Member was terminated from membership.
(c) The Association by a two-thirds (2/3) vote of those members present and voting at any meeting, may impose an assessment on all members, provided that at least ten (10) days’ prior notice of the proposed assessment has been sent to all members. Such notice shall specify the amount of the proposed assessment and the date the same shall become due. Upon imposition of an assessment, the Treasurer shall send statements therefore to all members. The Treasurer shall notify any member three (3) months or more in arrears. Any member who has not paid such assessment within nine (9) months of its due date may be terminated from membership by resolution of the Executive Committee.
Section 6. Meetings. The Association shall conduct an annual meeting and may conduct such regular and special meetings at such times during the year as the Executive Committee may by resolution direct in accordance with the following:
(a) The annual meeting of the Association shall be held on the last Monday in January of each year (or at any other time in the month of January as the Executive Committee may determine by sending written notice to the Active, Honorary, and Associate Members of the Association not less than thirty (30) days prior to the date set for such annual meeting). At the annual meeting the President shall:
(i) report on the status of the Association; and
(ii) announce the results of the election of officers selected in accordance with these Bylaws.
The members may conduct such other business as may be properly brought before an annual meeting of a corporation as is permitted in accordance with Maryland law.
(b) Regular meetings of the Association shall be held on the first Tuesday of every calendar month (or on the second Tuesday if such first Tuesday shall fall on a holiday) (provided however that regular meetings may be held at such other times as the Executive Committee may direct by resolution after sending written notice thereof to all Active, Honorary and Associate Members of the Association not less than ten (10) days prior to the date set for such meeting).
(c) Special meetings of the members for any purpose or purposes may be called at any time by the Executive Committee or by not less than twenty-five percent (25%) of the Active and Honorary Members upon written request delivered to the Secretary of the Association. Such request shall state the purpose or purposes of the special meeting.
(d) Written notice of every special meeting of the members (or of every annual meeting or regular meeting if called on a date other than that date which is set forth herein), specifying the place, date and hour and the general nature of the business to be conducted at the meeting, shall be served upon or mailed, postage prepaid, at least ten (10) days prior to the meeting, unless a greater period of notice is required by statute, to each Active, Honorary and Associate Member. Upon receipt of a request for a special meeting by not less than twenty-five percent (25%) of the Active and Honorary Members the Secretary shall fix the place date and time of said meeting which shall take place not more than twenty-one (21) days after receipt of such request. If the Secretary fails to establish the place, date and time of such meeting within five (5) business days after the request for the same, the members so requesting may establish the same and issue said notice.
Section 7. Quorum. (a) Thirty (30) Active Members or Honorary Members present at any meeting called after proper notice shall constitute a quorum.
(b) All matters to be decided at a duly constituted meeting of the Association shall be by majority vote of those Active Members and Honorary Members present in person, except as otherwise provided herein.
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