Rule 1 of ABA YLD Assembly Standing Rules

§ 1.1. Delegate defined

§ 1.2. Alternates

(a)For the purpose of this rule, an "alternate" means any member so designated in the same manner as a delegate is designated.

(b)The Clerk may certify an alternate as a delegate if the alternate's affiliate is entitled to more delegates than have been certified, and either (1) the affiliate's chair instructs that the Clerk certify the alternate as a delegate; or (2) the published deadline for certification has passed or is imminent, and the Clerk (A) declares that any alternate present may be certified in preference over any delegate who has been designated but not yet certified, and (B) so certifies each available alternate.

§ 1.3. Certification

(a) The certification of credentials confers the exclusive right to vote. A delegate's credentials may not be certified at an annual or midyear meeting unless the delegate has registered with the Association or its registrar for that meeting.

(b) The Clerk or the Clerk's designee shall hold one or more sessions totaling at least six hours, including at least two of the four hours immediately before the call to order and ending one hour before the call to order, for the purpose of certifying credentials. The Clerk shall give notice of the scheduled sessions to the affiliates and delegates by the most effective means available, and shall not certify any credentials more than fifteen minutes before or after the scheduled sessions, except as this rule otherwise provides.

(c) The Clerk shall certify the credentials of any member who claims to be a delegate if it appears that the claimant is a member and has been designated by the claimant's affiliate's chair. Such a designation may be made-

(1) in writing on a form that the Clerk supplied in advance;
(2) in writing on the affiliate's or its parent bar's letterhead;
(3) in person (including by telephone) by the claimant's affiliate's chair or, in the chair's absence, by a member acting with authority in his or her place or on his or her behalf; or
(4)if the published deadline for certification is less than half an hour away and the Clerk cannot reach the claimant's affiliate's chair, by-

(A) a certified delegate from the same affiliate;
(B) the chair of the state affiliate, or by a member acting with authority in his or her place or on his or her behalf; or
(C)the district representative, provided that the designation is not contrary to an instruction from the claimant's affiliate or state affiliate.

(d) If none of the above appears, the Clerk shall inquire on the basis of all the available information whether the claim is true, and shall accordingly certify or not certify the claimant's credentials. The claimant, any competing claimant, any member from the claimant's affiliate, and the district representative may participate throughout this inquiry, and may offer any relevant information (including oral or written testimony from any member) or affirm, deny, or rebut such information.

(e) A motion to reopen certification is in order promptly after the Credentials Board's first report or, by written notice to the presiding officer, at any later time before the question is put (whether or not it is adopted) on an original main motion, or on a motion that would dispose of an original main motion; in which case, if the motion to reopen certification is adopted, the Clerk shall promptly reopen certification for fifteen minutes. If the meeting recesses overnight or adjourns overnight, then a motion to reopen certification during the recess or adjournment is in order by written notice to the presiding officer before the recess or adjournment; in which case, if the motion is adopted, the Clerk shall promptly schedule and announce another session of at least half an hour for certification to be held during the recess or adjournment. The presiding officer shall recognize the mover of any motion to reopen certification of which he or she has received written notice, as soon as the motion is in order, and before declaring any recess or adjournment. A motion to reopen certification is an incidental main motion, is debatable, is not amendable, and takes a two-thirds vote; and a negative vote cannot be reconsidered. No motion to reopen certification is in order except as this paragraph provides.

(f) The Clerk, with the Credentials Board's advice and consent, may certify a member's credentials outside the scheduled sessions for certifying credentials if a motion to reopen certification would be in order under rule 1.3(e) and-

(1) the member specially arranged with the Clerk for such certification before the first scheduled session begins;
(2) the member was traveling by common carrier, was scheduled for arrival at least three hours before the last scheduled session ends, but in fact arrived at least two hours behind schedule; or
(3) the Credentials Board unanimously finds that the member was delayed by unforeseen circumstances that were beyond his or her control and did not result from poor planning.

§ 1.4. Rules

The Clerk shall not fail to certify a claimant's credentials because the claimant did not follow a rule that is not part of these rules, unless-

(a) the claimant had actual notice of the rule at least fifteen days before the annual meeting;

(b) the rule is a bylaw; or

(c) the rule was published before the meeting in the magazine or in a mailing sent at least fifteen days before the annual meeting to every member who had then registered for the meeting.

§ 1.5. Appeal

c) Credentials. The Clerk shall certify each delegate's credentials, subject to review by a board charged with hearing and finally determining, without review, any dispute relating to the allocation of delegates under paragraph 4.2(b) or the certification of credentials, according to the Assembly's rules. The board shall consist of the Clerk, as chair, and four certified delegates from four different states appointed by the Clerk. No delegate shall hear a dispute that concerns a delegate from the same state, in which case the Clerk shall appoint another certified delegate to the board for that dispute.

Bylaws § 4.2(c)

A claimant may appeal his or her failure of certification to the Credentials Board.

 

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