FLORIDA ASSOCIATION OF
CRIMINAL DEFENSE LAWYERS
MIAMI CHAPTER
BYLAWS
(Amendments Effective – 2021)
Name, Status, and Offices
1. Name. The name of this organization is the Florida Association of Criminal Defense Lawyers – Miami Chapter. For purposes of the bylaws, this organization will be referred to as FACDL-Miami.
2. Status. FACDL-Miami is a not-for-profit corporation organized under the laws of the State of Florida.
3. Offices. The principal office of FACDL-Miami shall be at such address in the County of Dade, State of Florida, as may be fixed from time to time by the Board of Directors.
ARTICLE II
Purposes
FACDL-Miami was formed exclusively for charitable, scientific, and educational
purposes, including, without limitation, the following purposes:
(1) To promote study and research in criminal defense law and related disciplines;
(2) To disseminate by lectures, seminars, and publications for the advancement of knowledge of the law as it relates and is ancillary to the field of criminal defense practice;
(3) To promote the efficient and fair administration of criminal justice;
(4) To foster, maintain, and encourage the integrity, independence, and expertise of defense lawyers in criminal cases;
(5) To foster periodic educational meetings of criminal defense lawyers and to provide a forum for the material exchange of information regarding the administration of criminal justice and thereby demonstrate a concern for the protection of individual rights and the improvement of criminal law, its practices, and its procedures;
(6) To appear as amicus curiae in litigation relating to criminal law and criminal justice issues;
(7) To provide assistance to attorneys who have been challenged by courts and government agencies in connection with their proper and ethical representation in criminal cases.
FACDL-Miami believes that recognition of and adherence to the Bill of Rights by all branches of government and all government agencies are necessary to sustain the fundamental quality of the American system of justice. The mission of FACDL-Miami is to preserve the adversary system of justice, to maintain and foster independent and able criminal defense lawyers, and to ensure justice and due process for all persons accused of violations of the law.
ARTICLE III
Membership
1. Application for Membership.
(a) Membership in FACDL-Miami shall be by application on a form prescribed by the Board of Directors. One (1) voting member of FACDL-Miami must endorse each applicant.
(b) Each application for membership shall be submitted to the Board of Directors.
(c) All applications for membership must be accompanied by the payment of prescribed dues, except as otherwise provided herein.
(d) All applications are subject to approval by the Board of Directors, at the next meeting of the Board following receipt of a paid membership application.
(e) All memberships, with the exception of life and honorary memberships, are for one (1) year which term begins January 1, and ends the following December 31.
2. Regular Membership. Regular membership in FACDL-Miami is available to those members of The Florida Bar who are persons of professional competence, integrity, and high ethical standards, and who are actively engaged in the defense of criminal cases. Regular members shall include both private practitioners and public defenders. Regular membership is also available to Federal Public Defenders and Assistant Public Defenders who are members in good standing of another state Bar, and who are actively engaged in the defense of criminal cases in Florida.
3. Honorary Membership.
(a) Any person who has made an outstanding contribution to the public welfare and aided in the achievement of the goals of FACDL-Miami may be proposed for honorary membership by five (5) regular members of FACDL-Miami.
(b) The proposal for honorary membership must be made in writing, subscribed by five (5) regular members, and submitted to the President of FACDL- Miami.
(c) An affirmative vote of the majority of the Board of Directors is required to elect any honorary member.
(d) Members of the judiciary are eligible for honorary membership.
4. Associate Membership. Associate membership in FACDL-Miami is available to individuals who have been actively engaged in the defense of criminal cases, but who are authorized or licensed to practice law in another State or country, but are not members of The Florida Bar.
5. Law Student Membership. Law student membership is available to those persons of integrity and high ethical standards who are students enrolled in accredited law schools.
6. Affiliate Membership. Affiliate membership in FACDL-Miami is available to persons of integrity and high ethical standards who are not actively engaged as attorneys in the defense of criminal cases, but whose duties and responsibilities are part of, or contribute to, the defense of criminal cases, and are consistent with the goals and mission of FACDL-Miami.
7. Life Membership. FACDL-Miami, by a majority vote of its Board of Directors, may bestow life membership upon any worthy individual who has made outstanding contributions to the Constitution and the preservation of the Bill of Rights over the course of a lifetime of service.
8. Voting. Regular members, in good standing, whose dues are current, or who are otherwise not obligated to pay dues under these bylaws, are entitled to vote in any of the proceedings of FACDL-Miami. Each member is entitled to one (1) vote. Associate, student, and affiliate members are not entitled to vote.
9. Revocation of Membership. Membership of all classes may be terminated, suspended, or any member may be censured in the following manner:
(a) Resignation. A member, not in default of payment of dues and against whom no FACDL-Miami complaint is pending, may, at any time, file a resignation in writing with the Secretary of FACDL-Miami. The resignation is effective as of the date it was filed when accepted by the Board of Directors. Any resigned member may achieve reinstatement of membership status by reapplying pursuant to the provisions of these bylaws. Resignation from membership in The Florida Bar automatically results in the termination of voting membership in FACDL-Miami.
(b) Failure to Pay Dues. Any member who fails to pay dues within 180 days following the beginning of the fiscal year of FACDL-Miami is automatically terminated as a member of FACDL-Miami, unless the member has no obligation to pay dues under these bylaws. Membership status may again become available by complying with the provisions of these bylaws.
(c) Termination, Suspension, or Censure.
(1) Grounds. If any regular member is, by a final order or judgment, disbarred from the practice of law in Florida, that person’s membership in FACDL-Miami is automatically terminated. If any regular member is, by a final order or judgment, convicted of a felony in any jurisdiction or suspended from the practice of law in Florida, that person’s membership in FACDL-Miami may be terminated. Any violation of the law or the failure to meet (a) membership qualifications, (b) The Florida Bar’s Rules of Professional Conduct, if the member is an attorney or a law student, or (c) the Ethical Standards of the applicable profession of an affiliate member, may constitute cause for censure, suspension, or termination.
(2) Board Procedure. FACDL-Miami may censure, suspend, or terminate the membership of any member of FACDL-Miami for cause by an affirmative vote of 2/3 of the votes cast by members of the Board of Directors after a fair hearing held before the Board of Directors. The action of the Board of Directors is final.
(3) Reinstatement. Any member suspended or terminated from membership in FACDL-Miami may be reinstated by the method prescribed by these bylaws for new members.
10. Absentee Policy.
(a) Absentee Policy: All elected Directors are required to devote both time and effort to further the mission of FACDL-Miami, including regular attendance at Board of Directors meetings. Recognizing professional and personal commitments may cause conflicts, each elected Officer and Director may for good cause – as determined by the presiding officer – be excused from attendance at any such meeting. Three (3) unexcused absences during that Officer/Director’s annual term of office, constitutes grounds to require such officer/director to stand down to allow another member in good standing to fill his or her position as provided for elsewhere in these By Laws.
(b) Appeal from Removal: Any appeal from removal shall be made in writing, within seven (7) days and thereafter be ‘Noticed’ as an Agenda item at least seven (7) days in advance of a regular, or, specially scheduled Board of Directors meeting; and, determined by a majority of the Board of Directors, a quorum being present. The Officer or Director whose removal is the subject of an Appeal may speak on his or her own behalf or be represented by a member of FACDL-Miami in good standing. The Officer or Director whose removal is the subject of the appeal shall not vote hereon.
(c) Directors Emeritus: This Absentee Policy shall not apply to past presidents of FACDL-Miami who are denominated Directors Emeritus.
ARTICLE IV
Chapter Status
1. Chapter of FACDL. FACDL-Miami is a Chapter of the Florida Association of Criminal Defense Lawyers.
2. FACDL Jurisdiction. FACDL-Miami is authorized to conduct its own local meetings and to elect its own officers as it may deem appropriate. FACDL-Miami may issue press releases and statements of policy on matters of purely local concern, and such statements shall clearly identify the policy as being that of FACDL-Miami. FACDL-Miami, however, has no authority to declare FACDL policy, to represent FACDL, or to issue any FACDL press release without the prior approval of the FACDL Board of Directors, the FACDL President, or the FACDL President Elect in the absence of the President and if the FACDL Board of Directors has not scheduled a meeting timely enough to consider the matter. Approval of FACDL is not necessary in order for FACDL-Miami to issue press releases or statements which reiterate already declared written FACDL policy. Any member of FACDL-Miami has the authority to propose press releases and to implement press releases on matters approved by the FACDL-Miami Board of Directors.
3. FACDL Representation. FACDL-Miami is represented on the FACDL Board of Directors by one (1) or more Chapter Representative(s) elected Board of Directors of FACDL-Miami. FACDL-Miami shall be represented on the FACDL Board of Directors in such manner and such numbers as is mandated by the policies and bylaws of the FACDL-Statewide. Before January 31 of each year, the Secretary of FACDL-Miami shall determine how many chapter representatives FACDL-Miami is entitled to, in accord with the policies and bylaws of the FACDL-Statewide. For purposes of chapter representatives, the FACDL-Miami Board of Directors shall elect the chapter representatives, before January 31 of each year and the names of those representatives shall be forwarded to the Secretary of FACDL Statewide. Each FACDL chapter representative representing FACDL-Miami must be a member of FACDL. The term of each FACDL chapter representative from FACDL-Miami is for one (1) year.
ARTICLE V
Finances
1. Annual Dues. The annual dues of all classes of membership shall be set by the Board of Directors. All dues shall be payable annually, with the exception of honorary members. Dues shall be collected by the Treasurer of FACDL-Miami. Payment is due by January 1 of each year.
2. Dues Schedule. Until modified by the Board of Directors, the dues schedule is as follows:
(a) Regular Member – $100
(b) Public Defender – $50.00, except no charge will be assessed for the first three years of practice as a member of the Florida Bar.
(c) Office of Criminal Conflict and Civil Regional Counsel – $50.00, except no charge will be assessed for the first five three years of practice as an attorney in that office. This fee is only for full time Regional Counsel employees. A contract attorney with a private practice is deemed to be a private attorney.
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(d) Law Student Member – $0.00
(e) Affiliate Member – $75.00
(f) Associate Member – $75.00
ARTICLE VI
Board of Directors
1. Powers.
(a) The business and affairs of FACDL-Miami are managed by a Board of Directors.
(b) The Board has original jurisdiction to hear and decide charges against members.
(c) The Board shall supervise the election of officers and directors of FACDL-Miami, and in the event of a vacancy in any office or directorship, shall fill that vacancy as provided by these bylaws.
2. Composition. The Board consists of the elected officers of FACDL-Miami, the Immediate Past-President of FACDL-Miami, the Public Defender for the Eleventh Judicial Circuit, the Regional Counsel for the Eleventh Judicial Circuit, the Federal Public Defender for the Southern District of Florida, the statewide FACDL directors who represent FACDL-Miami, any FACDL officers and board members who are also members of FACDL-Miami, and not less than twelve (12) and not or more than (24) directors elected by the membership. The President, with the approval of the Board of Directors, shall have the authority to appoint no more than four Young Lawyer Directors. The number of Young Lawyer Directors shall be in addition to the 24 Directors elected by the membership as permitted in these bylaws. A Young Lawyer shall be defined as an individual who have been practicing law for five years or less.
(a) Past Presidents elected to the Board of Directors shall not be counted towards the total limit on the Board of Directors.
3. Meetings. The Board shall meet as convened by the President. A majority of the members of the Board constitute a quorum for the transaction of business at all Board meetings. The President is the presiding officer of the Board. For quorum purposes, past presidents shall not be counted in computing total Board membership, but those past presidents in attendance shall be counted in satisfying the quorum requirement. The President shall determine the locations of the meetings, subject to the approval of the Board of Directors. The President shall call meetings at least once every sixty (60) days.
ARTICLE VII
Officers, Directors, Executive Committee, and Standing Committees
1. Officers. The elected officers (Executive Board) of the FACDL-Miami are the President, President Elect, Vice President, Secretary, and Treasurer.
2. Qualifications of Officers and Directors. Only voting members in good standing immediately preceding election are eligible to be officers or directors. An officer cannot be a director and cannot hold more than one office during any term of office. Eligibility for election as an officer is limited to present officers and directors in good standing. Only members who have previously served as an officer of the Association shall be eligible to be President Elect.
3. Election of Officers and Directors.
(a) Prior to each Annual Meeting, FACDL-Miami shall elect officers and directors to take office immediately after adjournment of the annual meeting. The officers and directors serve one (1) year or until their successors take office. However, the President Elect after having served one (l) year in that capacity shall automatically become President.
(b) Nominations for officers shall be made by a Nominating Committee consisting of the Immediate Past-President of FACDL-Miami, who shall preside at meetings of the Nominating Committee, the President, three other Board members, who shall be elected by the Board not later than the Board meeting thirty (30) days prior to the annual meeting, and two members at-large who are current members in good standing of FACDL-Miami, who shall be selected by the Nominating Committee. No person shall be elected to the Nominating Committee who has served on the Nominating Committee during either of the previous two (2) years.
(c) Nominations for the Board of Directors are to be made by the general membership. No director who has been removed for failure to attend meetings as required in Art. VII, §6 during the previous term shall be eligible for election as a director.
(d) The nominations of officers by the Nominating Committee and of Directors by the general membership are due to the Secretary not later than thirty (30) days before election.
(e) Not later than twenty-one (21) days prior to the election, a ballot is to be mailed to every member in good standing of FACDL-Miami, which ballot is to be returned within the time scheduled for the election. A ballot is to be mailed or electronically delivered to every member.
(f) In the event that there is a tie among the candidates receiving the highest number of votes necessary for election, the Board of Directors shall determine the winner by majority vote.
4. Vacancies. If the office of the President becomes vacant by resignation or otherwise, the President Elect immediately becomes President for the unexpired term. Should any other elected office or a directorship become vacant, by resignation or otherwise, during the term of office provided herein, that office or directorship shall be elected by the Board and shall serve until the next annual meeting of FACDL-Miami. Any member in good standing may submit their name for consideration in this election.
5. Removal of Officers. Any officer may be removed for cause by the affirmative vote of two-thirds (2/3) of the entire Board of Directors. The absence of an officer from three (3) meetings of the Board during any annual term of office without excuse acceptable to the Board may result in removal from office and such office shall become vacant at the conclusion of the next scheduled meeting of the Board.
6. Removal of Directors. Any director may be removed for cause by the affirmative vote of two-thirds (2/3) of the entire Board of Directors. The absence of a director from three (3) meetings of the Board during any annual term of office without excuse acceptable to the Board may result in removal from office and such office shall become vacant at the conclusion of the next scheduled meeting of the Board.
7. Duties of Officers and Directors.
(a) The President of FACDL-Miami is the chief executive officer and is responsible to oversee and coordinate FACDL-Miami activities, is the chief spokesperson for FACDL-Miami, and is to appear publicly on behalf of FACDL-Miami whenever possible. The President shall preside at the annual meeting and at any other meetings of the general membership, which may be called from time to time. The President shall preside at the meetings of the Board of Directors and shall be the representative and directive head in the general conduct of FACDL-Miami affairs. The President shall appoint the members and chairs of the standing committees, after hearing from all directors as to committee preferences. The President shall perform whatever other duties are necessary to fulfill the responsibilities prescribed by the bylaws. The President shall submit an annual report, to the Board of Directors. The President is an ex officio member of all committees.
(b) President Elect of FACDL-Miami is next in succession to the President. They are to plan the banquet (annual meeting) and chair over both the banquet committee and the sponsorship committee.
(c) The Vice President of FACDL-Miami shall perform such duties that the President may assign, shall succeed to the duties of the President in the absence or incapacity of the President, shall assist and advise the President in the conduct of office, and shall perform whatever other functions the bylaws prescribe.
(d) The Secretary of FACDL-Miami shall record and permanently maintain the minutes of all general membership meetings and of all meetings of the Board of Directors, shall read minutes at the next meeting of the particular body, shall maintain an inventory of FACDL-Miami property other than bank deposits and cash on hand, shall serve the Board in the procedure governing elections and amendments of bylaws, shall send all required notices to members, shall conduct whatever other correspondence the President, the Board, or FACDL-Miami may require, shall manage and distribute publications of FACDL-Miami, shall maintain a current mailing list of all members and others designated to receive FACDL-Miami publications, but shall not release said list to nonmembers without prior permission from the Board, which the Board may by resolution permit for distribution or for sale, shall have general charge of the files of FACDL-Miami correspondence, and shall perform whatever other duties the bylaws may prescribe, including, but not limited to, maintenance of the association’s website.
(e) The Treasurer of FACDL-Miami shall collect the dues, assessments, and other monies payable to FACDL-Miami; shall maintain all financial records of FACDL-Miami; shall promptly record all FACDL-Miami receipts and shall deposit same within one month of receipt in a banking institution approved by the Board; shall issue and sign checks for withdrawal of said receipts in payment of FACDL-Miami obligations; shall endorse checks for deposit only in the bank account of FACDL-Miami; shall maintain a current record of the standing of all members regarding payment of dues and shall report to the Board the names of those persons who have been notified of their delinquency in the payment of dues in excess of three (3) months; shall cause to be prepared financial statements for the immediately preceding fiscal year to the membership at the annual meeting of FACDL-Miami; shall maintain financial statements and make them available to all members upon request; shall submit a report to the Board on the financial condition of FACDL-Miami whenever requested by the Board; and shall perform whatever other duties the bylaws may prescribe.
(f) The Directors of FACDL-Miami shall serve on the Board and participate in the management of FACDL-Miami. Each Director shall serve on at least one (1) standing committee of FACDL-Miami.
8. Executive Committee.
(a) The purpose of the Executive Committee shall be to act on FACDL-Miami business and transactions during the interim period between meetings of the Board. Any action taken by the Executive Committee shall not be inconsistent with any prior action or policy of the Board. The Executive Committee shall report to the Board at its succeeding meeting any such action taken.
(b) The Executive Committee is composed of the elected officers and the Immediate Past-President of FACDL-Miami.
(c) The Executive Committee shall meet as convened by the President or at the request of three (3) or more members of the Executive Committee. A majority of the members of the Executive Committee constitutes a quorum.
9. Expenditures. All expenditures and commitments for the expenditure of funds which exceed $500 must be approved by a majority vote of the Board of Directors present at a Board meeting. In an emergency, the Executive Board by unanimous decision may authorize the expenditure of funds not exceeding $1,000, with a report of that Executive Board decision to be given at the next Board of Directors meeting.
ARTICLE VIII
Meetings
1. Annual Meeting. There shall be an Annual Meeting in the Spring of each year.
2. Special Meetings. Upon not less than fifteen (15) days written notice to the membership, the President may call special meetings of the membership of FACDL-Miami. On petition signed by not less than one-third (1/3) of the Board, setting forth the need for and the special business to be transacted at a special meeting, the President shall call a special meeting of FACDL-Miami. The written notice of the special meeting shall contain a statement of the specific matters to be considered at the special meeting.
3. Quorum. Thirty (30) voting members of FACDL-Miami in good standing are sufficient to constitute a quorum to transact business at the Annual Meeting. The presiding officer at these meetings may vote only to break a tie.
4. Resolutions, Motions, and Other Action Generally. Resolutions, motions, and other action shall be deemed approved by the affirmative vote of the majority of the valid votes cast in all instances except where it may be otherwise specifically prescribed by these bylaws.
5. Meeting Procedure. Except as otherwise provided by these bylaws, meetings of general membership, the Board, and all Committees shall be conducted in accordance with Roberts’ Rules of Parliamentary Procedure.
ARTICLE IX
Committees
1. Standing Committees. For the purpose of realizing the objectives for which FACDL-Miami was created, the following Standing Committees are established:
(a) Affiliated Bars Liaison;
(b) Amicus Curiae;
(c) Annual Meeting/Installation Dinner;
(d) Bylaws Review;
(e) Continuing Legal Education/Luncheons;
(f) Federal Court Liaison;
(g) Legislative Affairs;
(h) Nominations
(i) Membership;
(j) Pro Bono;
(k) Publications;
(l) Ski Trip/Cruise/Seminar
(m) State Court Liaison.
2. Appointments. Each Standing Committee shall have a membership of no less than three (3) voting members in good standing. Unless stated below, the members of the Standing Committee shall be appointed by the President, with the advice of the officers and directors, to serve for the following year and until their respective successors are appointed by the succeeding President. The President shall designate the Chair, again unless excepted below, and notify the members of the Committee of their appointment.
3. Special Committees. The President shall appoint and designate the members and chairs of all special committees created by the President for specific purposes and duration, but not to exceed the term of the appointing president.
4. Functions of Committees.
(a) General Functions. All Standing Committees shall report at the Annual Meeting as to their progress and accomplishments for the preceding year. All standing and special committees shall report to the Board as to their activities whenever requested by the Board.
(b) Affiliated Bars Liaison Committee. The Affiliated Bars Liaison Committee is responsible for contacting and working with affiliated bars, including the Cuban American Bar Association, the Black Lawyers Association, the Dade County Bar Association, the Florida Association for Women Lawyers, The Florida Bar, and any other professional associations with which the Board believes contact should be maintained.
(c) Amicus Curiae Committee. The Amicus Curiae Committee shall represent FACDL-Miami as amicus curiae in litigation concerning issues of great and general interest to the membership and purposes of FACDL-Miami, when so approved by the Board. The Committee shall also provide support, and when approved by the Board, litigation assistance and representation on behalf of members who are prosecuted, subpoenaed, or harassed, or are being cited for contempt arising from the ethical defense of clients.
(d) Annual Meeting/Installation Dinner. The Annual Meeting/Installation Dinner Committee shall plan and prepare, with the approval of the Board, for the Annual Meeting of FACDL-Miami.
(e) Bylaws Review Committee. The Bylaws Review Committee is responsible for reviewing and recommending changes to the bylaws.
(f) Continuing Legal Education/Luncheon Committee. The Continuing Legal Education/Luncheon Committee shall plan and execute, with the approval of the Board, all educational functions.
(g) Federal Court Liaison Committee. The Federal Court Liaison Committee is responsible for maintaining contact with the United States District Court for the Southern District of Florida, and assisting the court in any matters in which FACDL-Miami has an interest.
(h) Legislative Affairs Committee. The Legislative Affairs Committee shall recommend and endeavor to secure the enactment of desirable criminal law legislation, shall follow and consider the desirability of pending criminal law legislation, and shall report on changes in the criminal laws.
(i) Media Committee. This committee is responsible for coordinating all media events and contact with the media.
(j) Membership Committee. The Membership Committee is responsible for the solicitation of new members into FACDL-Miami. The Committee is also responsible for providing assistance to members of the organization and helping the organization grow internally.
(k) Pro Bono Committee. The Pro Bono Committee is responsible for developing policy concerning pro bono representation in matters affecting the criminal justice system. The Committee is also responsible for developing guidelines concerning pro bono representation by FACDL-Miami members.
(l) Publications Committee. The Publications Committee is responsible for the preparation, planning, and production of all FACDL-Miami publications.
(m) Nominations Committee. The Nominations Committee is responsible for the organizing and planning of the nominations for all FACDL-Miami elections. This committee is made up of the Ex-President, the Current President and three other Board Members.
(n) State Court Liaison Committee. The State Court Liaison Committee is responsible for maintaining contact with the Circuit and County Courts of the Eleventh Judicial Circuit and the District Court of Appeal of Florida, Third District, and assisting the courts in any matters in which FACDL-Miami has an interest.
(o) Ski Trip/Cruise/Seminar Committee. This committee is responsible for planning and coordinating the annual Ski Trip/Seminar.
ARTICLE X
Adoption and Amendment of Bylaws
1. Method. These bylaws may be adopted, amended, or rescinded at any meeting of the Board of Directors by an affirmative vote of 2/3 of the Board members in good standing present and voting; provided that notice of the proposed action shall be filed by one (1) or more voting members of the Board of Directors with the Secretary, and shall have been given by the Secretary to the Board members of FACDL-Miami in writing, at least thirty (30) days before the meeting at which such action is proposed to be taken.
2. Effective Date. These bylaws and all amendments take effect immediately upon adoption by FACDL-Miami unless otherwise specified.