BYLAWS OF THE CONFERENCE OF COUNTY
COURT JUDGES OF FLORIDA
(EFFECTIVE JULY 27, 1996)
ARTICLE I NAME
This organization shall be known as:
"Conference of County Court Judges of Florida".
ARTICLE II PURPOSE
The purpose of this organization shall be:
SECTION 1. To conduct conferences and institutes
to provide continuing judicial education and to conduct forums in which the County Court
Judges of Florida may meet to discuss mutual problems and solutions.
SECTION 2. To develop programs for the improvement of the administration of justice in the State of Florida and to study/improve legislation in the field of the administration of justice in the State of Florida.
SECTION 3. To acquire and disseminate information
to all County Court Judges for the improvement of their courts, practice and procedure.
SECTION 4. To provide a unified voice for the
County Court Judges of Florida in their dealings with the Legislature, Executive Branch,
Supreme Court, State agencies and the citizenry of Florida.
ARTICLE III MEMBERSHIP
SECTION 1. Members shall be the duly commissioned
County Court Judges of the State of Florida.
SECTION 2. Voting members shall be those County
Court Judges of the State of Florida whose dues have been paid or waived as well as those
judges who have retired in good standing, who are not currently practicing law, and who
still maintain an active role in the Conference of County Court Judges. Good standing
means that a judge has not been removed from office.
SECTION 3. Associate members shall be those
former County Court Judges who have retired in good standing, who are not currently
practicing law, and who no longer maintain an active role in the conference. Annual dues
for associate members shall be waived. Associate members shall not be voting members.
SECTION 4. Dues for voting members shall be
determined by a majority vote of the Board of Directors.
ARTICLE IV OFFICERS
SECTION 1. The officers of this Conference shall
be a President, President-elect, Immediate Past-President, Secretary, Treasurer, Editor,
one Vice President from each of the Appellate Districts, and the Circuit Representatives.
Circuit Representatives shall be responsible for
ordering and presenting newly elected/appointed judges within their circuit a desk name
plate on behalf of the Conference. Circuit Representatives shall be responsible for timely
notification to the Conference Award and Merit Committee of the investiture and retirement
of Conference members. Circuit Representatives shall also be responsible for notifying the
Conference Award and Merit Committee of times of bereavement, sympathy, congratulations
and similar dates of note on behalf of the Conference members within their circuit so that
the Conference Award and Merit Committee may take timely and appropriate action.
It shall be the responsibility of Circuit
Representatives from time to time to distribute and retrieve conference surveys or other
documents of conference interest and to encourage each Conference member within his or her
circuit to actively participate in such surveys or inquires.
SECTION 2. The President shall preside at meetings, appoint committees, and be the Executive Officer for the Conference and the Board of Directors, and shall carry out the duties usually associated with the office of President. The President shall be one of four conference delegates to the American Bar Association and shall have the responsibility for attending the annual American Bar Association Convention on behalf of this conference.
SECTION 3. The President-elect shall be
considered First Vice President of the conference, and shall perform such duties as usual
to that office. He or she shall preside in the absence of the President, and upon
resignation of the President, shall automatically become President and shall serve the
uncompleted term of his or her predecessor and, if having been elected to the office of
President-elect in accordance with that portion of the Bylaws covering elections, shall be
installed as President for one full year term at the annual meeting, unless he or she
shall decline such office.
SECTION 4. The immediate Past-President shall
serve as a member of the Board of Directors and Executive Committee and shall assume such
duties as assigned to him or her by the President and shall act in an advisory capacity to
the President, Executive Committee, and the Board of Directors.
SECTION 5. The Secretary shall keep the minutes
of the conference and Board meetings and shall be responsible for providing those minutes
on a timely basis to the Editor for publication to the general membership. The Secretary
shall carry out all other duties usual to that office and shall be responsible for the
safekeeping of these Bylaws to assure that they are complied in final form after all
amendments, and are made readily available to the membership upon proper demand.
SECTION 6. The Treasurer shall bill for and
collect dues, keep the funds of the Conference and pay its bills and expenses, and shall
carry out all other duties as are usual to this office and as are assigned by the
President. The Treasurer shall prepare a financial report for the Conference twice per
year. One report shall be presented at the Annual Business Meeting. Copies of both
financial reports shall be made available to the general membership upon proper demand. It
shall be the responsibility of the Treasurer to assure compliance with any and all tax and
reporting requirements. Further, the Treasurer, shall be responsible for preparing a
proposed budget for the ensuing fiscal year. The proposed budget shall be presented to the
members of the Board at least seven (7) days prior to the next regularly scheduled Board
meeting after the Treasurer assumes office and shall be voted upon by the Board at that
meeting.
SECTION 7. The Editor shall be responsible for
the preparation and distribution of the Conference newsletter which shall be published at
regular intervals throughout the year. The Editor shall be responsible for the publication
and distribution of Conference and Board minutes and other reports of general interest on
a timely basis. The Editor shall serve as chair of the Editorial Committee.
SECTION 8. County Court Judges of each appellate
district who are voting members of the Conference shall elect respectively a Vice
President at the annual meeting, and this Vice President shall be the leader for his or
her district. The Vice President shall report to the conference on any areas of interest
or specific concerns within his or her own district. Each district Vice-President shall
cooperate in striving to make the Conference a unified, effective organization, fairly
representing the interests and needs of all members throughout the State of Florida.
District Vice Presidents shall serve as members of the Editorial Committee.
SECTION 9. County Court Judges of each judicial
circuit who are voting members of the Conference shall elect, respectively, a Circuit
Representative during a caucus to be held during the annual meeting. It is the duty of the
Circuit Representative to schedule circuit-wide meetings with members between annual
meetings, to keep minutes of the circuit-wide meetings, and to report the results and
recommendations of the circuit-wide meetings to the Conference at the annual meeting. Each
Circuit Representative shall cooperate in striving to make the Conference a unified,
effective organization fairly representing the interests and needs of all members
throughout the State of Florida.
ARTICLE V BOARD OF DIRECTORS
SECTION 1. There shall be a Board of Directors
comprised of the officers of this Conference and all Past Presidents who are members of
the Conference who have not attended senior judge status.
SECTION 2. Subject to the limitations contained
in these Bylaws, the business affairs of this conference shall be controlled by the Board
of Directors. In addition to responsibility for conference management as described in
Article XII, the Board of Directors shall be responsible for:
(A) Establishing the objectives and priorities at
the annual meeting that shall be pursued during the ensuring year by the Conference.
(B) Nominations for new officers at large of the
Conference of County Court Judges of Florida.
(C) Selection of the site and time of the annual
meeting and any other major meetings.
(D) Recommendations to the Executive Committee
regarding the respective needs of the various circuits.
(E) Establishing the position of the Conference
on matters of public policy subject to review by the Conference at its annual meeting.
ARTICLE VI EXECUTIVE COMMITTEE
SECTION 1. There shall be an Executive Committee
comprised of the current President, President-elect, Treasurer, Secretary, Immediate
Past-President, Editor, and District Vice-Presidents.
SECTION 2. The Executive Committee shall have the
authority to act for the Board of Directors in the periods between Board meetings.
ARTICLE VII REPRESENTATION OF CONFERENCE ON
OTHER BODIES
SECTION 1. As provided in Article V, Section 12,
Fla. Const. (1976), and any future amendment thereto, the Conference shall select the
number of representatives to the Judicial Qualifications Commission specified in that
provision. The representatives shall serve the term provided for by the Constitution or
general law and any vacancy shall be filled in the matter set forth in Article VIII of
these bylaws.
SECTION 2. As provided in Rule 2.125, Rules of
Judicial Administration, and any future amendment thereto, the Conference shall select the
number of representatives to the Florida Judicial
Management Council specified in that provision.
The representatives shall serve the term provided for by Rule 2.125 and any vacancy shall
be filled in the matter set forth in Article VIII of these bylaws.
SECTION 3. As provided in the rule on the
Committee on Standards of Conduct Governing Judges, and any future amendment thereto, the
Conference shall select the number of representatives to the Committee specified in that
provision. Those representatives shall serve the term specified by the committee rule. Any
vacancy shall be filled in the manner set forth in Article VIII of these bylaws. Since
there is no specified term for representatives to the Committee on Standards of Conduct
Governing Judges the current representatives shall be eligible to serve one year from the
effective date of these bylaws.
SECTION 4. The Conference shall recommend
delegates to the ABA to be appointed by the Chief Justice for the purpose of
representation at ABA meetings. These recommendations shall be made on an annual basis.
The President shall be one of those delegates and the President shall recommend three
other delegates to the Chief Justice.
SECTION 5. In the event that a Joint Committee of
the Conference of Circuit and County Judges is established the Conference shall select the
number of representatives to the Committee agreed to by the two Conferences. The
representatives shall consist of individuals who are voting members of the Florida
Conference of County Court Judges and who hold the offices agreed to by the two
Conferences.
SECTION 6. There are various other bodies to
which the Chief Justice appoints county judges and considers the recommendation of the
Conference. The President shall recommend appointment to these bodies when appropriate.
SECTION 7. Only voting members shall be eligible
to hold all of the aforementioned positions. Any member service a fixed term on any of the
aforementioned bodies as of the effective date of these bylaws shall complete that term.
All representatives who hole elected positions on any of the aforementioned bodies shall
be eligible to serve only two full terms in that representative position unless adherence
to this restriction would be inconsistent with any provision of law. In that case the
provision of law would be controlling.
ARTICLE VIII CONFERENCE ELECTIONS AND
APPOINTMENTS
SECTION 1.
(A) Notice of vacancies in office subject to
election at the upcoming annual meeting shall be published in the minutes of the preceding
Spring Board meeting. Only voting members of the Conference may nominate candidates or
hold office.
(B) The Board of Directors shall act as a
nominating committee and, with the exception of the offices of Circuit Representative and
District Vice President, shall nominate at least one candidate for each office during the
Spring Board meeting. The Board of Directors shall also nominate the appropriate number of
representatives to the Judicial Qualifications Commission, to the Judicial Management
Council, and to the Committee on Standards of Conduct Governing Judges. The Board may also
designate a nominating subcommittee to solicit and receive nominations for each office
subject to election. The subcommittee shall forward all such nominations to the Board of
Directors to be announced at the Spring Board meeting and published in the minutes
thereof. Nominations of the Board need not be seconded.
(C) From the close of the Spring Board meeting
until the general session of the annual meeting any voting conference member may nominate
any other voting conference member for office. All such nominations must be made and
seconded in writing and submitted to the Conference President and Secretary.
(D) At the general sessions of the annual meeting
all existing nominations shall be announced. Immediately thereafter, nominations from the
floor may be made. Nominations from the floor must also be seconded.
(E) Elections for District Vice President and
Circuit Representatives shall be conducted by the respective groups immediately after the
general election or, if possible, while votes from the general election are being
tabulated. Proxy voting shall be permitted to the extent permitted by Article VIII,
Section 4.
SECTION 2. The election of officers and
representatives to the Judicial Qualifications Commission, Judicial Management Council,
and Committee on Standards of Conduct Governing Judges shall be held at a general session
of the annual meeting. The Board of Directors shall be responsible for the conduct of the
elections. There is no quorum requirement for elections during the general session.
In each officer election, the person receiving a
majority of the votes cast shall be declared the winner. In the event there is no clear
majority, a runoff election shall be scheduled immediately between the two candidates
receiving the highest number of votes.
SECTION 3. After the election and at the
conclusion of the annual meeting of the conference all elected officers and members of the
Board of Directors shall assume office, except the President-elect shall become President
by virtue of having been elected President-elect and having served in such a capacity
immediately precedent to the annual meeting.
SECTION 4. Proxy voting shall be allowed at the
annual meetings for all Conference elections. However, no Conference member may exercise
more that two (2) other Conference members' votes by proxy. All proxies must be in writing
and signed by the person making the proxy who must be otherwise eligible to vote. All
written authorizations must be delivered by the member authorized to exercise the proxy to
the presiding officer at the respective election covered by said proxy.
SECTION 5.
(A) Vacancies in office occurring after the
annual meeting other than the office of President, President-elect, and immediate
Past-President shall be filled by appointment by the President until the next annual
meeting. However, when a vacancy occurs in the office of Circuit Representative, the
circuit having that vacancy shall have fifteen (15) days within which to replace their own
representative. If the Circuit Representative is not replaced by the circuit within
fifteen (15) days then the responsibility to appoint that representative reverts to the
President.
(B) Should the office of President-elect become
vacant except as provided in Section 5(C) of this Article, said office shall be filled by
a member appointed by the Executive Committee at a special meeting. The meeting shall be
called and the vacancy filled within thirty (30) days of the vacancy. If the annual
meeting occurs within thirty (30) days of said vacancy then, the vacancy may be filled at
the annual meeting by general election.
(C) Should the office of President and
President-elect become vacant at the same time, then the office of President shall be
assumed by the Secretary and the office of President-elect and the office of Secretary
shall be filled by members appointed by the Executive Committee at a special meeting as
outlined in Section 5(B) of this Article. If the annual meeting occurs within thirty (30)
days of said vacancy then the vacancy may be filled at the annual meeting by general
election. Should there be a need for a special meeting of the Executive Committee it shall
be presided over by the Immediate Past-President, or in his or her absence or inability,
by the Treasurer.
(D) Should the office of Immediate Past-President
become vacant, the vacancy shall be assumed by the member who most recently has served as
Immediate Past-President, and if there are none, this office shall shall remain vacant
until such time as there is an Immediate Past-President.
(E) Should a vacancy occur in the office of
County Court Representative to the Judicial Qualifications Committee, County Court
Representative to the Judicial Management Council, or County Court Representative to the
Committee on Standards of Conduct Governing Judges, then said vacancy shall be filled by
appointment of the President as soon as is practical. However, if the annual meeting of
the conference is scheduled to occur within thirty (30) days of said vacancy, then the
vacancy may be filled by nomination and election at the annual meeting consistent with
these bylaws.
SECTION 6. The terms of office for all officers
shall be for one (1) year.
SECTION 7. At the end of the annual meeting the
President shall automatically be succeeded by the President-elect. However, upon motion
made by the President-elect and approved by a majority vote of the members present at the
annual meeting the President and President-elect may serve a second consecutive term. The
motion must be made prior to the conclusion of the Spring Board meeting. This motion shall
be voted upon at the general session of the annual meeting prior to the nominations and
elections for office of President-elect. In no event may a President or President-elect
serve more than two consecutive terms in each such office. If the motion is not made or if
the motion is made and defeated, then the President-elect shall succeed the President and
there shall be an election for the office of President-elect in conformity with these
bylaws.
SECTION 8. A President-elect appointed in
accordance with Section 5(B) or 5(C) of this Article shall serve until the next annual
meeting at which time the term of office shall expire, and he or she shall not
automatically become President at the next annual meeting unless duly elected to the
presidency by the Conference. In that event the office of the President will be subject to
nomination and general election in the same manner as the other elections of officers
covered by these Bylaws.
ARTICLE IX PARLIAMENTARY PROCEDURES
SECTION 1. The Rules of Parliamentary Procedures
set forth in Roberts Rules of Order, as such rules may be revised from time to
time, shall govern the proceedings of this conference, subject to such special rules as
may be adopted by this conference.
SECTION 2. Within thirty (30) days of assumption
of office, the President shall appoint a Parliamentarian for the upcoming year. The
Parliamentarian shall, at the request of any member, interpret the Rules of Parliamentary
Procedures as they relate to the proceedings of the conference, subject to such special
rules as may be adopted by the Board of Directors.
ARTICLE X IMPEACHMENT
Any officer of the Conference or member of the
Board of Directors may be removed from the office for misfeasance or nonfeasance in
office, or for any act or failure to act in any capacity which may reflect adversely upon
this Conference. A majority vote of the Board of Directors shall constitute the petition
for removal, but a two-thirds (2/3) affirmative vote of the members present and voting at
the annual meeting or any other special meeting called by the President with at least
thirty (30) days notice to the general membership shall be required for impeachment. No
vote may be taken unless such person has been notified in writing of the impeachment
proposal. Such person shall be given an opportunity to address the members of the Board of
Directors, as well as the general membership, before a final vote on the impeachment
proposal is taken. Any vacancy created by such removal shall be filled in the same manner
as other vacancies.
ARTICLE XI COMMITTEES
SECTION 1. Standing committees shall be created
for the investigation, study or implementation of matters relating to the general
purposes, business and interest of the Conference of a continuous and recurring character.
The Board of Directors shall determine the scope of responsibility and the duties of each
standing committee. There shall be the following standing committees:
Administration and Management Committee Judicial Assistants Committee
Awards and Merit Committee Legislative Committee Civil Rules Committee Professional Relations Committee
Conference Committee Senior Judges Committee
Criminal Rules Committee Sentencing Committee
Editorial Committee Small Claims Committee
Education Committee Traffic Rules Committee
SECTION 2.
(A) Although all conference members are
encouraged to attend standing committee meetings, membership shall be determined by
Presidential appointment to existing vacancies. However, in no event shall standing
committee membership be reduced by eliminating a member whose current term has not expired
other than pursuant to Section 9 of this article.
(B) Unless otherwise defined herein, standing
committee members shall serve one (1) year terms. The President shall be responsible for
appointing standing committee members upon the creation of any vacancies during his or her
term. The President shall also select the chair and vice-chair from the committee members.
The chair and vice-chair shall each serve one (1) year terms. The vice-chair shall
automatically replace the chair of any committee upon the creation of a vacancy in
mid-term. However, the vice-chair shall not automatically succeed the chair at the
beginning of the next term. Committee membership shall reflect proper geographical,
ethnic, racial, and gender balance. There is no prohibition against reappointment of
committee chairs, vice-chairs, or members.
SECTION 3. The district Vice Presidents and the
Editor shall make up the Editorial Committee for the Conference newsletter. It shall be
the responsibility of the District Vice Presidents to provide articles for publication in
the conference newsletter. The President in conjunction with the Editor shall determine
the frequency with which the District Vice Presidents shall provide such articles. The
articles can be written by the District Vice President or by someone in his or her
district. However, the ultimate responsibility for providing the articles for publication
rests with the District Vice President.
SECTION 4. Membership on the Joint County and
Circuit Court Committee shall be made annually by appointment of the President subject to
the approval of the Board of Directors, and whenever possible shall be consistent with the
circuit court membership on that committee.
SECTION 5. Membership on the Education Committee
shall include all conference members who currently serve as Dean, Associate Dean, or
Chairperson of the College of Advanced Judicial Studies, the Florida Judicial College, and
the Traffic School.
SECTION 6. In an effort to assure equal
representation from all jurisdictions, the Legislative Committee shall consist of the
twenty (20) Circuit Representatives or their designee for that year, three (3) members at
large appointed by the President, all Past-Presidents, the President, and President-elect.
SECTION 7. In addition to standing committees,
the President shall have authority to create committees to investigate, study, and
implement matters relating to specific purposes, business and interests of the Association
of an immediate or non-recurring character. The term of such committee shall end at the
next annual conference of the Association following its creation unless continued by
action of the successor President.
SECTION 8. Appointment of chairpersons and
members of the committees described in Article X, Section 3, shall be made annually by the
President, who is authorized also to appoint successors, in the event of death,
resignation, or disqualification.
SECTION 9. If any member of any regular or
standing committee over the course of one year does not actively participate in the
committee, the chair, after notice to and discussion with the member, may recommend to the
President of the conference that the member be replaced and the President may then replace
that member.
SECTION 10. Each committee shall meet during the
annual meeting of the conference and during any other regularly scheduled general
conference meetings. Other meetings of each committee shall be held upon call of its
chairperson or upon call of the conference president.
SECTION 11. The President and President-elect
shall be ex officio members of all committees.
ARTICLE XII CONFERENCE MANAGEMENT
SECTION 1. The Treasurer shall have the authority
to authorize payment of conference expenses in the amount of $150.00 or less. The
President shall have the authority to authorize conference expenses in the amount of
$500.00 or less. For amounts greater than $500.00 the President must authorize payment
along with the President-elect, Secretary, Treasurer, or Editor. The Treasurer, upon
receiving proper written authorization shall pay those bills authorized in accordance with
this Section and shall pay those bills incurred as a result of standing policy or
authorization of the Board of Directors.
SECTION 2. Such business that comes before the
Conference may be adopted if approved by a majority of the members of the Board of
Directors at a properly scheduled Board meeting after a quorum is established. A quorum is
established by having present a majority of the members of the Board of Directors after
having given reasonable notice to all members. Proxy voting is not permitted for
establishing a quorum or for voting on conference business. Members may be present by
telephone for both purposes of a quorum and voting. Any member of the Board of Directors
serving as a Board member in more than one capacity may not exercise more than one vote on
any single issue.
SECTION 3. Pursuant to Article VI, Section 2, the
Executive Committee in the periods between Board meetings may also have authority to
approve conference business upon a majority vote with the same authority as the Board of
Directors. The Executive Committee cannot vote on conference business unless quorum is
established. Executive Committee quorum is established by having present a majority of
voting members after having given reasonable notice to all members. Proxy voting is not
permitted for establishing quorum or for voting on conference business. Members may be
present by telephone for both purposes of quorum and voting.
SECTION 4. The fiscal year for the Conference
shall be from July 1 through June 30 of the following year.
ARTICLE XIII ANNUAL MEETING
SECTION 1. The annual meeting of the Conference
shall be a Summer Conference and shall be held in the month of June or July as selected by
the Board of Directors after recommendation from the Conference Committee.
SECTION 2. Nothing contained in these Bylaws
shall be construed to prevent the calling of special meetings of the Conference by the
President and/or Executive Committee or the calling of committee meetings by the President
and/or Executive Committee or the respective chairpersons of committees.
ARTICLE XIV ADOPTION OR AMENDMENT OF BYLAWS
SECTION 1. These Bylaws must be adopted by
two-thirds (2/3) vote of those members in attendance at the annual meeting held during the
calendar year 1993. These bylaws shall be effective immediately upon approval as described
herein. The provisions of these bylaws specifying time requirements for nominations and
second terms shall be waived only for the 1993 annual elections since the nominating
period described herein shall have expired prior to the approval of these bylaws.
SECTION 2. These Bylaws shall be amended only by
a two-thirds (2/3) vote of those members in attendance at a meeting called pursuant to
Section 3 of this Article.
SECTION 3. Adoption of these Bylaws or amendment
of these Bylaws may be made only after notice to the general membership in writing no less
than thirty (30) days prior to the time of the annual meeting or special meeting of the
Conference. Proof of posting of notice thirty (30) days prior to such meeting shall
satisfy this requirement.