State Bar of New Mexico
Young Lawyers Division Bylaws
(Last Amended September 23, 2011)

ARTICLE I: IDENTIFICATION

Section 1.1. Name. This section shall be known as the "Young Lawyers Division of the State Bar of New Mexico," and shall be hereinafter designated as the "Division."

Section 1.2. Purpose. The purpose of the Division shall be:

(a) To further the objectives of the State Bar of New Mexico hereinafter designated as the "State Bar";
(b) To stimulate the interest of newly admitted lawyers in the activities of the State Bar;
(c) To conduct programs of interest and value for newly admitted lawyers;
(d) To be of assistance to the State Bar and its sections;
(e) To foster discussion and exchange of ideas relating to the duties, responsibilities and problems of new admittees to the State Bar of New Mexico.

Section 1.3 Limitations. These Bylaws have been adopted subject to the Bylaws of the State Bar.

ARTICLE II: MEMBERSHIP

Section 2.1. Membership. Membership in the Division shall consist of all members of the State Bar of New Mexico in good standing under thirty-six (36) years of age and those members who have been admitted to the practice of law in any state less than five (5) years. Membership shall terminate automatically on December 31 after a member attains thirty-six (36) years of age, or five (5) years after admission to the practice of law in any state, whichever occurs last, except as set forth in Article V below. This definition shall not affect the Board of Bar Commissioners determination and fixation of annual license fees as set forth in Article II, Section 2.3 of the Bylaws of the State Bar of New Mexico.

ARTICLE III: COMMITTEES

Section 3.1. Committees. The Chair of the Division is authorized to establish such committees as may be deemed necessary and desirable to promote effectively the activities of the Division.

Section 3.2. Committee Reports. The committees of the Division shall be directly responsible and report to the Chair or to the Board of Directors or any other officer if the Chair so directs. Subcommittees of the Division shall be directly responsible and report to their parent committees.

ARTICLE IV: MEETINGS

Section 4.1. Annual Meetings. The Division's annual meeting will be held at the time and place of the State Bar's annual meeting and upon at least thirty days' notice given in the New Mexico Bar Bulletin ("Bulletin"). Special meetings of the Division will be held at the time and place fixed by the Chair, and may be called by the Chair at the request of any member of the Board of Directors, on notice given in the Bulletin at least six days before the meeting. Robert's Rules of Order will govern all proceedings at any Division meeting.

Section 4.2. Quorum Voting. Each member will have one vote for all purposes at every Division meeting. Those present in person will constitute a quorum. The action of a majority of the members present at the meeting will constitute action by the Division, unless a different amount is required by these Bylaws. There will be no proxy voting.

Section 4.3. Board Meetings. An annual meeting of the Board of Directors will be held simultaneously with the annual meeting of the Division. Special meetings of the Board of Directors will be held at a time and place fixed by the Chair, and may be requested by any member of the Board of Directors with at least three (3) days' notice given to each Board member before the meeting. The presence of a majority of the voting Board members then in office, either in person or by proxy, will constitute a quorum. A proxy must be in writing and must designate a Board member, other than the Student Director, as the person having the right to vote on behalf of the absent Board member.

Section 4.4. Board Action. The Board of Directors will manage the Division, and will act as a Board with each voting member having one vote. The action of a majority of the Board members present at a meeting at which a quorum is present or, in the absence of a meeting, the action of a majority of the Board members assented to in writing by all Board members will be the action of the Board.

Section 4.5. Poll of the Board of Directors. In urgent matters requiring immediate attention, the Chair may, and upon request of three members of the Board of Directors shall, submit in writing to each of the members of the Board of Directors a proposition upon which the Board of Directors may be authorized to act, and the members of the Board of Directors may vote upon the proposition either by written ballot or by telephone vote, confirmed in writing, to the Vice-chair who shall record the proposition and votes in the matters.

Section 4.6. Board Authority. Between annual meetings of the Division, the Board of Directors shall have full power to do and perform all acts and functions that the Division itself might perform.

Section 4.7. Referendum. The Board of Directors may direct that a matter be submitted to the members of the Division for vote by mail, email or online. In such event, binding action of the Division shall be a majority of the votes received in accordance with rules fixed by the Board and as conducted and certified by the Vice-chair. In the event of a paper ballot vote via regular mail, the Election Committee, or such other officials as designated by the Chair, will supervise the preparation and mailing of the ballots for any such referendum, will count the votes and report to the Board of Directors.

Section 4.8. Notice and Waiver of Notice. Any notice of meeting required by these Bylaws will state the time, date and place of the meeting. Notice will be considered waived by any person who waives the notice in writing before or after any such meeting, or who appears at such meeting in person. Failure to receive notice will not affect the validity of the meeting involved.

ARTICLE V: OFFICERS

Section 5.1. Number, Tenure, Qualification and Vacancies. The officers of the Division will be the Chair, Chair-elect, Vice-chair and Immediate Past Chair. Only the Board members elected by the membership, i.e., Directors-at-Large and Regional Directors, are eligible to hold office. The Chair-elect and the Vice-chair will be elected annually by majority vote of the Board of Directors. The offices of Chair and Immediate Past Chair are filled by succession, i.e., the Chair-elect shall automatically succeed to the office of Chair and the Chair shall automatically succeed to the office of Immediate Past Chair.

Officers serve for one year, from January 1st through December 31st, or until a successor is elected and qualified. Officers will have the powers incident to the office. An officer may be removed with or without cause by a majority vote of the Board, or may resign. A vacancy in any office except Chair shall be filled by majority vote of the Board of Directors. Other than as provided in Section 5.3, no person may hold more than one office at a time.  An individual elected as Chair-elect prior to his/her thirty-sixth (36th) birthday may serve in that capacity, as well as, that of Chair and Past Chair, in accordance with these bylaws.  No one who is thirty-six (36) or older shall otherwise, except in accordance with this Article, be elected to an office of the YLD.  An individual elected as Chair-elect prior to his/her thirty-sixth (36th) birthday may serve in that capacity, as well as, that of Chair and Past Chair, in accordance with this Article.  An individual who qualifies as a member of the Young Lawyers Division on the basis that he/she has not been admitted to any state bar for more than five (5) years, may not serve as an officer of the Division if such service would extend beyond the fifth (5th) year of that admission.

Section 5.2. Chair. The Chair will preside at all meetings of the Division and the Board of Directors, will be chief executive officer of the Division and will have general charge of the affairs and management of the Division. The Chair will determine the agenda and the order of business to be transacted at any meeting of the Board of Directors or the Division. At the Division's annual meeting, the Chair may report on the activities of the Division. The Chair will appoint the membership of the various committees and will fill vacancies therein and will serve as the Division's representative to the Board of Bar Commissioners, provided, however, that upon the request of the Chair, the Board of Directors may appoint another person to be its representative to the Board of Bar Commissioners. The Chair will perform any other duties incident to his/her office.

Section 5.3. Chair-elect. The Chair-elect will succeed to the office of Chair, will be an ex-officio member of all standing and special committees, will be in charge of coordinating all committee activity, will assist the Chair as directed, and will prepare a proposed budget for the succeeding year. In the event of the absence, temporary disability, or failure to act of the Chair, the Chair-elect will perform the duties of the Chair until the Chair resumes his/her duties. If the office of Chair shall become vacant, the Chair-elect shall thereupon become acting Chair for the remainder of the term.

Section 5.4. Vice-Chair. The Vice-chair will have custody of the books and records of the Division, will keep the minutes of all meetings, will give the notices required by these Bylaws, and together with the Chair-elect will prepare a proposed budget for the succeeding year. In addition, the Vice-chair will perform such other duties as may be assigned by the Chair or the Board of Directors, including notice to members through the Bar Bulletin of projects, activities and issues before the Division.

Section 5.5. Immediate Past Chair. The Immediate Past Chair of the Division will perform such duties as may be assigned to him or her by the Chair or the Board of Directors and will make himself or herself available to the Board of Directors for consultation regarding all matters concerning the Division. The Immediate Past Chair of the Division is that individual who last served a full term as Chair.

ARTICLE VI: BOARD OF DIRECTORS

Section 6.1. Number, Tenure, Qualification and Vacancies.

The Board of Directors will consist of ten YLD Directors, the Immediate Past Chair, a Student Director who is the President of the Student Bar Association of the University of New Mexico School of Law, and the District Representative who is the ABA District 23 Representative, provided that he/she is a resident of New Mexico. The Immediate Past Chair shall serve a one-year term and shall be a voting member of the Board. The Student Director will not have a vote or be counted for quorum purposes but will act as liaison between the Division and the Student Bar Association during the time he/she serves as Student Bar association President. The District Representative shall be a voting member of the Board during the time he/she serves as the ABA District 23 Representative.

The YLD Directors include five Directors-at-Large, identified as positions one through five, and five Regional Directors who represent the YLD regions in the state. All YLD directors will be elected to two-year terms and will hold office until their successors are elected and qualified. A Director may be removed with or without cause by a majority vote of the Board of Directors. A vacancy in the position of Director-at-Large or Regional Director may be filled by the Board of Directors until the next annual election. In the case of Regional Director, the Board may fill the vacancy only by appointment of an individual whose principal place of practice is in the designated Region.

Section 6.2. Election of Directors. Directors-at-Large shall be nominated and elected by the active, in-state Division membership, with Positions One, Three, and Five to be elected during odd-numbered years and Positions Two and Four to be elected during even-numbered years. Regional Directors may be nominated and elected only by the Division members whose principal place of practice is in the designated Region, with Regional Directors One, Three, and Five to be elected during odd-numbered years and Regional Directors Two and Four to be elected during even-numbered years. Region I consists of the 11th Judicial District; Region 2 consists of the 1st, 4th, 8th and 10th judicial districts; Region 3 consists of the 5th and 9th judicial districts; Region 4 consists of the 3rd, 6th and 12th judicial districts and Sierra County; and Region 5 consists of the 2nd and 13th judicial districts and Catron, Socorro, and Torrance counties.

If a Director is elected Chair-elect in the second year of his/her term on the Board, then that Director will not stand for re-election to the Board at the usual time. His/her term as Director will automatically be extended for an additional two-year term to permit him/her to succeed to the position of chair. He/she will serve only the portion of the term coinciding with the office of chair, i.e., one year. At the end of the term as chair, he/she will remain on the Board as the Past Chair and a director will be elected to the remainder of the extended term.

The annual election shall commence in the month of September, with notice provided to the members of the Division by mail, email or via publication in the Bar Bulletin. The notice shall identify the positions to be filled and state the election procedure. Nominations will be made for each specific Director position by a petition signed by at least ten members of the Division, or in the case of Regional Directors, ten members within the designated Region. Nominations must be received in the State Bar office on or before the date stated in the election notice.

When only one nomination is received for a specific Director position, the sole nominee shall be deemed elected by acclamation. In the event of a contested election, the Division shall conduct an election either by mail or electronic means, no later than the first week of November, setting forth the names of the nominees and brief biographical statements. The order of the candidates' names will be determined by lot.

Section 6.3. Assumption of Office. The newly-elected Directors will assume office on January 1st following the election.

Section 6.4. Grievances. Any member may file a complaint with the Chair alleging any election irregularities within fifteen days after the alleged irregularity occurs. However, no election will be invalidated for an inadvertent or excusable failure to meet any publication deadline specified in these Bylaws.

Section 6.5. Compensation. No salary or compensation for services shall be paid to or by any officer, Board member, or committee member, except as may be specifically authorized by the Board of Bar Commissioners. Board members may, however, receive travel reimbursement pursuant to State Bar policy.

Section 6.6. Forfeiture of Position. If a Director is absent, except for reasons occasioned by physical or mental disability from three (3) consecutive Board of Directors meetings or is absent for a total of four (4) Board of Directors meetings in any term year, his or her term shall terminate immediately. For purposes of Section 6.6, “absence” from a meeting shall be defined as attendance for less than fifty (50) percent of the meeting, whether in person or telephonically, provided that at least thirty (30) days advance notice of such meeting was given. The position vacancy shall be filled pursuant to Section 6.1.

ARTICLE VII: REPRESENTATION OF ASSOCIATION POSITION

Any action by this Division must be approved by the Board of Bar Commissioners of the State Bar before any such action can be effective as the action of the Bar. Any resolution adopted or action taken by the Division shall be reported by the Chair to the Board of Bar Commissioners for action by the State Bar.

ARTICLE VIII: CONTINUING LEGAL EDUCATION

All programs must be co-sponsored with the State Bar Center for Legal Education before announcement or advertisement of the program. The Chair shall announce a CLE Liaison to work with the CLE Director for development of programs. Should CLE decline a program, the section may appeal to the Board of Bar Commissioners.

ARTICLE IX: AMENDMENTS

These Bylaws may be amended by a two-thirds vote of the Board of Directors of the Division and with the approval of the Board of Bar Commissioners of the State Bar. Amendments of YLD Bylaws approved by the YLD Board must be submitted to the Board of Bar Commissioners by the Chair within fourteen (14) working days of passage by the YLD Board.