Student Bar Association

Constitution

Preamble

We, the students of The University of Tulsa College of Law, in order to form a representative student government, establish a forum for student views and ideas, insure the individual rights of students, provide for professional growth and academic excellence, promote the cultural, social and physical welfare and to secure the highest standards of ethical conduct for ourselves and our profession, do ordain and establish this Constitution for The University of Tulsa Student Bar Association.

Article I. Membership

Section 1.  All student enrolled in the College of Law shall be members of the University of Tulsa College of Law Student Bar Association (SBA).

Section 2.  The SBA shall have the power to lay and collect dues from the members of the SBA.

Article II. Executive Branch

Section 1.  The Executive Committee shall be composed of the President, Vice President, Treasurer, and the Attorney General. Ex-officio members shall be the Speaker, the Speaker Pro-tempore and the Secretary of the House of Delegates.  Members of the Executive Committee shall be of the upper class standing and shall be enrolled for one full academic year during the term of office.  Members of the Executive Committee must be students in good standing when elected and maintain this status throughout their term of office.

Section 2.  A Member of the Executive Committee shall attend meetings of the House of Delegates. The Executive Committee shall have the collective responsibility and power to provide executive direction for the SBA. The Executive Committee is empowered to act in emergency situations, provided a full report is subsequently made to the House of Delegates.

Section 3.  In case of removal or recall of the President from office, or his death, resignation, or inability to discharge the powers and duties of his office, the line of succession shall first be to then Vice President, if the Vice President is unable to assume the presidency, the to the Speaker.  If the Speaker is unable to assume the presidency, then the Treasurer will succeed to the presidency.  If the Treasurer is unable to assume the presidency, then the Attorney General will succeed to the presidency.

Section 4.  Any vacancy of the Executive Committee, with the exception of the President, shall be filled by appointment of the President with the advice and consent of a simple majority of the House of Delegates.

Section 5.  Impeachment, Removal and Recall.

A)  Impeachment and Removal. Any member of the Executive Branch may be removed from office for neglect of defined duties and responsibilities by a two-thirds (2/3) vote of the House of Delegates after an impeachment hearing.

B)  Automatic Removal. Any member of the Executive Branch shall be automatically removed from office for failure to maintain academic good standing as defined by the College of Law.

C)  Recall. The student shall have the power to recall any elected executive officer serving under the Constitution. The petition to recall shall not be valid unless it contains the signatures of at least twenty-percent (20%) of the student body. All recall petitions must state the reason(s) for the recall. A copy of the petition must be delivered to the SBA Attorney General and to the Speaker of the House of Delegates. The Attorney General or the Speaker, if the Attorney General is unable, must notify the person named in the recall petition of its existence within three (3) school days. One week after the person named has been notified, the SBA Supreme court shall declare the petition valid or invalid based upon the procedures that the House of Delegates may from time to time impose. If the petition is deemed valid a new election shall be held within two (2) weeks of the decision of the Supreme Court.

Section 6.   Duties of Officers
• President. The President shall have the power to make all appointments with the advise and consent of the House of Delegates; remove from office any appointee within the Executive Branch by filing a written document with the Attorney General outlining the reasoning for the removal from office and by gaining the consent of the SBA House of Delegates; prepare and submit an annual budget to the House of Delegates for approval; veto or approve laws; including By-laws, passed by the House of Delegates; act as the official representative of the SBA; preside over Executive Committee meetings; and to perform other functions necessary to further the aims of the SBA.
• Vice President. The Vice President shall assist the President and act in the absence of the President. The Vice President shall directly oversee all administrative committees of the SBA.
• Treasurer. The Treasurer shall be responsible for the oversight and disbursement of SBA funds, shall assist the President in preparing the budget and shall gain the approval of the House of Delegates prior to any disbursement from non-budgeted funds. The Treasurer shall maintain all SBA financial records and provide oral and written reports concerning the status of the treasury to the House of Delegates.
• Attorney General. The Attorney General shall be the legal representative for the SBA, shall issue opinions upon request of any student in good standing, regarding the Constitution and/or By-laws and shall maintain the SBA Legal Code.

Article III. Legislative Branch

Section 1.  All legislative powers granted herein shall be vested in the House of Delegates. The House of Delegates shall consist of representatives elected by each class.

Section 2.  The House of Delegates shall have authority and power to set dues for the SBA members, to establish rules and procedures, to enact By-laws to this Constitution, to approve or reject all Presidential appointments, to override presidential vetoes by a two-thirds (2/3) vote, to approve an annual SBA budget, to direct and supervise all SBA elections, establish committees of the House of Delegates, to choose its officers and to make all law which shall be necessary and proper for carrying into execution the foregoing powers and all other powers not inconsistent with this Constitution.

Section 3.   Officers of the House of Delegates shall be the Speaker, the Speaker Pro-tempore and the Secretary. These officers shall be elected from the membership of the House of Delegates.
• The Speaker shall preside over meetings of the House of Delegates, shall be chairperson of the Rules Committee and shall appoint the chairpersons and members of committees.
• The Speaker Pro-tempore shall preside over meeting of the House of Delegates in the absence of the Speaker or at his request and shall assist the Speaker in the performance of his duties.
• The Secretary shall be responsible for recording and posting the minutes and agenda of all meetings of the House of Delegates, keeping records of attendance at meetings of the House of Delegates and shall preserve copies of legislation passed by the House of Delegates.

Section 4.  A quorum of members of the House of Delegates shall be necessary to conduct a meeting of the House of Delegates. A quorum shall consist of fifty-percent (50%) plus one (1) of the members of the House of Delegates.

Section 5.  Members of the House of Delegates shall each have one (1) vote in meetings of the House of Delegates. Passage of proposed legislation shall require a simple majority of the members present. Only in the event of a tie shall the presiding officer of the House of Delegates cast a vote.

Section 6.  Impeachment, Removal and Recall.
• Impeachment and Removal. Any member of the Legislative Branch may be removed from office for neglect of defined duties and responsibilities by a two-thirds (2/3) vote of the House of Delegates after an impeachment hearing.
• Automatic Removal. Any member of the legislative Branch shall be automatically removed from office for failure to maintain academic good standing as defined by the College of Law.
• Recall. The student body shall have the power to recall any elected legislative member serving under this Constitution. The petition to recall shall not be valid unless it contains the signatures of at least one-third (1/3) of the constituency. All recall petitions must state the reason(s) for the recall action. A copy of the petition must be delivered to the SBA Attorney General and to the Speaker of the House of Delegates. The Attorney General or the Speaker, if the Attorney General is unable, must notify the person named in the recall petition of its existence within three (3) school days. One week after the person named has been notified, the SBA Supreme Court shall declare the petition valid or invalid based upon the procedures that the House of Delegates may from time to time impose. If the petition is deemed valid a new election shall be held within two (2) weeks of the decision of the Supreme Court.

Section 7.  Member of the House of Delegates shall:
• Attend meeting of the House of Delegates
• Have the power to draft legislation in the form of bills, recommendations and resolutions; and
• Hold no Executive or Judicial office in the organizational body of The University of Tulsa College of Law Student Bar Association.

Article IV. Judicial Branch

Section 1.  The judicial power of the SBA shall be vested in one Supreme Court and in such inferior courts as the House of Delegates may from time to time establish. The Justices of the Supreme Court shall hold office until such Justices graduate, retire, or cease to be in good academic standing with the College of Law.

Section 2.  The membership of the Supreme Court shall have five (5) student Justices. The Chief Justice shall be elected by the Justices from the membership of the Supreme Court. A quorum of the court shall be three (3) Justices.

Section 3.  Jurisdiction.
• The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the By-laws of the SBA, or the law which shall be made under their authority; to all cases of judicial review; to all cases affecting SBA offices; to controversies to which the SBA shall be a party; to controversies between two or more student organizations; between members of different organizations; and between a student and another organization.
• In all cases affecting SBA offices and those which the SBA shall be a party; the Supreme Court shall have original jurisdiction. In the event lower courts are established, in all other aforementioned cases, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions as the House of Delegates shall make.
• The hearing of all complaints, except impeachment, shall not be by jury.

Section 4.  The Judicial Branch shall have the power to submit a budget to the Executive Branch for the operation of the court(s) and shall have the power with the advice and consent of the House of Delegates, to appoint such judicial officers as it deems necessary.

Section 5.  All students and student organizations shall be subject to this Constitution and the legislation of the SBA, which shall be made in pursuance thereof.

Section 6.  Impeachment and Removal.
• Impeachment and Removal. Any member of the Judicial Branch may be removed from office for neglect of defined duties and responsibilities by two-thirds (2/3) vote of the House of Delegates after and impeachment hearing.
• Automatic Removal. Any member of the Judicial Branch shall be automatically removed from office for failure to maintain academic good standing as defined by the College of Law.

Article V. Amendments

Section 1.  Procedure.
• The House of Delegates may propose amendments to this Constitution when two-thirds (2/3) of the members shall deem it necessary; or
• The members of the SBA may propose amendments to this Constitution, by submitting a petition to the President, containing the signatures of at least one-third (1/3) of the student body. When this procedure is used the President must submit the petition to the SBA Supreme Court. The Supreme Court, within one (1) week, will decide if the petition is valid or invalid based upon the procedures in this Constitution and any additional procedures that the House of Delegates may from time to time establish; or
• The House of Delegates may call a Constitution Convention when three-fourths (3/4) of the members deem it necessary.

Section 2.  Once an amendment has been properly proposed the President must call an election within twenty (20) school days if a regular election is not to be held within this period. For an amendment to be given effect, two-thirds (2/3) of the members of the SBA voting in a regular or special election must vote in the affirmative.

Article VI. Ratification

Section 1.  This Constitution shall have full force and effect upon approval by two-thirds (2/3) vote of the student body in a regular or special election.

Section 2.  All legislation passed prior to the adoption of this Constitution and not in conflict with any of its provisions shall continue in effect, unless rescinded by the SBA House of Delegates.

Section 3.  All officers and delegates serving when this Constitution is ratified shall continue to serve in their respective capacity until such time as their term expires. All vacancies shall be filled according to the provisions of this Constitution