BYLAWS of the Cyberlaw & Privacy Law Section of the Utah State Bar
1. NAME & PURPOSE
1.1. Name. Upon adoption of these Bylaws, the name of the Section shall be the Cyberlaw & Privacy Law Section of the Utah State Bar (the “Section”).
1.2. Purpose. The purpose of the Section shall be to seek the participation of all interested members of the legal profession and of state and local bar associations in order to benefit such members by:
a) providing the opportunity and a forum for the interchange of ideas related to cybersecurity, data privacy, related business practices, among industry, the Bar, and the general public;
b) providing meaningful, timely, and relevant CLE opportunities for Bar membership;
c) monitoring legal and political issues relevant to the Section members and making recommendations to the Bar with respect thereto; and
d) undertaking such other service, education, or other projects as may be of benefit to the members, the legal profession, or the public.
1.3. Limitations. These Bylaws have been adopted subject to the applicable Utah Statutes and the Bylaws of the Utah State Bar (the “Bar”).
1.4. Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.
1.5. Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.
1.6. Amendment of the Bylaws. These Bylaws may be amended at any meeting of the Section by a majority vote of the Attorney Members of the Section present and voting.
2. MEMBERSHIP
2.1. Enrollment of Attorney Members. Any member in good standing of the Bar may, upon the request to the Secretary of the Bar, be enrolled as an Attorney Member of the Section by the payment of annual Section dues in the amount and for the purpose approved by the Board of Commissioners of the Utah State Bar.
2.2. Enrollment of Affiliate Members. Affiliate Members of the Bar who are members of the Bar’s Legal Assistants Division may enroll as Section Affiliate Members. As a specific condition for membership in the Section, candidates for Section Affiliate Membership shall take all precautions to assure they do not hold out themselves as being Attorney Members of the Bar, and will follow all guidelines and directives from the Section Chair in connection with the implementation of these requirements. In order to be enrolled as a Section Affiliate Member, candidates must also pay annual section dues in an amount and for the purpose determined by the Section leadership. Section Affiliate Members may not hold office in the Section or vote, but are otherwise entitled to all of the privileges and benefits of Section membership.
2.3. The Membership. Members enrolled as provided in Section 2.1 and 2.2 shall constitute the Membership of the Section.
2.4. Dues. The Section may impose dues. The amount of the dues may be changed by majority vote of a quorum of the Section followed by the approval of the Board of Commissioners of the Bar.
2.5. Voting Rights. Each enrolled Attorney Member shall be entitled to one vote on any question to the Section and in any election as provided herein.
3. OFFICERS
3.1. Officers. The officers of the Section shall be a Chair, a Vice-Chair, and a Secretary.
3.2. Duties of Officers. The officers shall generally supervise and control the affairs of the Section, subject to the rules and bylaws of the Utah State Bar, and shall establish and execute the general policy, programs, and activities of the Section.
3.3. Chair. The Chair shall preside at all meetings of the Section and of the Section Officers. The Chair shall formulate and present at each annual meeting of the Section a report of the work of the Section for the past year. The Chair shall also perform such other duties and acts usually pertaining to this office. The Chair shall communicate with the Board of Commissioners of the Bar and others as may be necessary.
3.4. Vice-Chair. Upon the death or resignation of the Chair, or upon his or her refusal to act, the Vice Chair shall perform the duties of the Chair for the remainder of the Chair term. In the case of the Chair’s disability or unavailability, the Vice Chair shall only perform the duties of the Chair for the duration of the disability or unavailability. The Vice-Chair shall also perform such other duties as appropriate.
3.5. Secretary. The Secretary shall keep a record of all proceedings of all meetings of the Section and of the Officers, whether assembled or pursuant to teleconference or other electronic communications. The Secretary shall work with the Bar’s webmaster to keep the Section’s website current. In conjunction with the Chair and Vice-Chair, the Secretary shall attend generally to the business of the Section.
3.6. Succession to Offices. The Secretary shall automatically succeed to the office of Vice-Chair. The Vice-Chair shall automatically succeed to the office of Chair.
3.7. Eligibility for Office. Any enrolled Attorney Member of the Section may be nominated for office provided the Attorney Member is in good standing and shall remain a member of the Section during the term of office for which the member is running.
3.8. Term of Office. A new Secretary shall be elected each year in the manner prescribed herein. Each officer shall serve for a one-year term in each office.
3.9. Vacancy. If the office of the Chair becomes vacant, then the Vice Chair shall become Chair of the Section for the unexpired term. If the office of the Vice Chair becomes vacant, then the Secretary shall become the Vice Chair of the Section for the unexpired term. If the office of Secretary becomes vacant, then the office of Secretary shall be filled by an election of the Attorney Membership of the Section.
3.10. Nominations. Nominations for office may be made in writing or orally at any meeting of the Section. Nominations may be made until the voting in an election begins.
3.11. Election. An officer may be elected by a voice or roll call vote at a preannounced Section meeting. If demanded by any enrolled Attorney Member of the Section present at a meeting where the election is to take place, the election of officers shall be by secret ballot by all enrolled Attorney Members of the Section present at the meeting.
4. MEETINGS
4.1. Meetings. Meetings of the Section shall be held at least bi-monthly during the months of September through June.
4.2. Annual Meeting. The annual meeting of the Section shall be held at a time and place determined by the officers.
4.3. Quorum. At least 5 Attorney Members of the Section present at any meeting shall constitute a quorum for the transaction of business.
4.4. Controlling Vote. Action of the Section shall be by majority vote of a quorum except as otherwise provided in these Bylaws.
4.5. Meetings of the Officers. The officers shall meet as often as they deem necessary.
4.6. Notice of Meetings. Written, printed, or electronic notice shall be given to all Section members stating the date, hour, place, and purpose of all meetings of the members. Notice shall be delivered to each member of the Section by hand, U.S. mail, facsimile, or e-mail at the contact information recorded with the Bar and least 5 days prior to the date of the meeting. If delivering notice by U.S. mail, notice shall be deemed delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Utah State Bar, with adequate postage.
5. COMMITTEES
5.1. Appointment. At any time during the year, the officers may appoint any committees from the Attorney Members as they may deem advisable in order to carry out the purpose of the Section and shall describe the duties and functions of such committees. The officers shall designate the committees, define their duties, and appoint the committee chairs.
5.2. Committee Chairperson. Each Committee may have a Chairperson to be appointed by the Officers who will then regularly report to the Officers.
5.3. Duties of Committees. Each Committee shall have the responsibilities which are delegated to it by the Officers.
5.4. Meetings. The Committees may act by electronic communication, correspondence, or at meetings separate from the Section. Section members may but need not be given notice of Committee meetings and all Committee meetings may but need not be open to all Section members.
5. ADOPTION
6.1. I certify that the forgoing bylaws were adopted by vote of the Attorney Members of the Section at a meeting, duly called, on 12th day of July, 2019.
Signature: /s/ Jared J. Braithwaite
Name: Jared J. Braithwaite
1.1. Name. Upon adoption of these Bylaws, the name of the Section shall be the Cyberlaw & Privacy Law Section of the Utah State Bar (the “Section”).
1.2. Purpose. The purpose of the Section shall be to seek the participation of all interested members of the legal profession and of state and local bar associations in order to benefit such members by:
a) providing the opportunity and a forum for the interchange of ideas related to cybersecurity, data privacy, related business practices, among industry, the Bar, and the general public;
b) providing meaningful, timely, and relevant CLE opportunities for Bar membership;
c) monitoring legal and political issues relevant to the Section members and making recommendations to the Bar with respect thereto; and
d) undertaking such other service, education, or other projects as may be of benefit to the members, the legal profession, or the public.
1.3. Limitations. These Bylaws have been adopted subject to the applicable Utah Statutes and the Bylaws of the Utah State Bar (the “Bar”).
1.4. Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.
1.5. Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.
1.6. Amendment of the Bylaws. These Bylaws may be amended at any meeting of the Section by a majority vote of the Attorney Members of the Section present and voting.
2. MEMBERSHIP
2.1. Enrollment of Attorney Members. Any member in good standing of the Bar may, upon the request to the Secretary of the Bar, be enrolled as an Attorney Member of the Section by the payment of annual Section dues in the amount and for the purpose approved by the Board of Commissioners of the Utah State Bar.
2.2. Enrollment of Affiliate Members. Affiliate Members of the Bar who are members of the Bar’s Legal Assistants Division may enroll as Section Affiliate Members. As a specific condition for membership in the Section, candidates for Section Affiliate Membership shall take all precautions to assure they do not hold out themselves as being Attorney Members of the Bar, and will follow all guidelines and directives from the Section Chair in connection with the implementation of these requirements. In order to be enrolled as a Section Affiliate Member, candidates must also pay annual section dues in an amount and for the purpose determined by the Section leadership. Section Affiliate Members may not hold office in the Section or vote, but are otherwise entitled to all of the privileges and benefits of Section membership.
2.3. The Membership. Members enrolled as provided in Section 2.1 and 2.2 shall constitute the Membership of the Section.
2.4. Dues. The Section may impose dues. The amount of the dues may be changed by majority vote of a quorum of the Section followed by the approval of the Board of Commissioners of the Bar.
2.5. Voting Rights. Each enrolled Attorney Member shall be entitled to one vote on any question to the Section and in any election as provided herein.
3. OFFICERS
3.1. Officers. The officers of the Section shall be a Chair, a Vice-Chair, and a Secretary.
3.2. Duties of Officers. The officers shall generally supervise and control the affairs of the Section, subject to the rules and bylaws of the Utah State Bar, and shall establish and execute the general policy, programs, and activities of the Section.
3.3. Chair. The Chair shall preside at all meetings of the Section and of the Section Officers. The Chair shall formulate and present at each annual meeting of the Section a report of the work of the Section for the past year. The Chair shall also perform such other duties and acts usually pertaining to this office. The Chair shall communicate with the Board of Commissioners of the Bar and others as may be necessary.
3.4. Vice-Chair. Upon the death or resignation of the Chair, or upon his or her refusal to act, the Vice Chair shall perform the duties of the Chair for the remainder of the Chair term. In the case of the Chair’s disability or unavailability, the Vice Chair shall only perform the duties of the Chair for the duration of the disability or unavailability. The Vice-Chair shall also perform such other duties as appropriate.
3.5. Secretary. The Secretary shall keep a record of all proceedings of all meetings of the Section and of the Officers, whether assembled or pursuant to teleconference or other electronic communications. The Secretary shall work with the Bar’s webmaster to keep the Section’s website current. In conjunction with the Chair and Vice-Chair, the Secretary shall attend generally to the business of the Section.
3.6. Succession to Offices. The Secretary shall automatically succeed to the office of Vice-Chair. The Vice-Chair shall automatically succeed to the office of Chair.
3.7. Eligibility for Office. Any enrolled Attorney Member of the Section may be nominated for office provided the Attorney Member is in good standing and shall remain a member of the Section during the term of office for which the member is running.
3.8. Term of Office. A new Secretary shall be elected each year in the manner prescribed herein. Each officer shall serve for a one-year term in each office.
3.9. Vacancy. If the office of the Chair becomes vacant, then the Vice Chair shall become Chair of the Section for the unexpired term. If the office of the Vice Chair becomes vacant, then the Secretary shall become the Vice Chair of the Section for the unexpired term. If the office of Secretary becomes vacant, then the office of Secretary shall be filled by an election of the Attorney Membership of the Section.
3.10. Nominations. Nominations for office may be made in writing or orally at any meeting of the Section. Nominations may be made until the voting in an election begins.
3.11. Election. An officer may be elected by a voice or roll call vote at a preannounced Section meeting. If demanded by any enrolled Attorney Member of the Section present at a meeting where the election is to take place, the election of officers shall be by secret ballot by all enrolled Attorney Members of the Section present at the meeting.
4. MEETINGS
4.1. Meetings. Meetings of the Section shall be held at least bi-monthly during the months of September through June.
4.2. Annual Meeting. The annual meeting of the Section shall be held at a time and place determined by the officers.
4.3. Quorum. At least 5 Attorney Members of the Section present at any meeting shall constitute a quorum for the transaction of business.
4.4. Controlling Vote. Action of the Section shall be by majority vote of a quorum except as otherwise provided in these Bylaws.
4.5. Meetings of the Officers. The officers shall meet as often as they deem necessary.
4.6. Notice of Meetings. Written, printed, or electronic notice shall be given to all Section members stating the date, hour, place, and purpose of all meetings of the members. Notice shall be delivered to each member of the Section by hand, U.S. mail, facsimile, or e-mail at the contact information recorded with the Bar and least 5 days prior to the date of the meeting. If delivering notice by U.S. mail, notice shall be deemed delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Utah State Bar, with adequate postage.
5. COMMITTEES
5.1. Appointment. At any time during the year, the officers may appoint any committees from the Attorney Members as they may deem advisable in order to carry out the purpose of the Section and shall describe the duties and functions of such committees. The officers shall designate the committees, define their duties, and appoint the committee chairs.
5.2. Committee Chairperson. Each Committee may have a Chairperson to be appointed by the Officers who will then regularly report to the Officers.
5.3. Duties of Committees. Each Committee shall have the responsibilities which are delegated to it by the Officers.
5.4. Meetings. The Committees may act by electronic communication, correspondence, or at meetings separate from the Section. Section members may but need not be given notice of Committee meetings and all Committee meetings may but need not be open to all Section members.
5. ADOPTION
6.1. I certify that the forgoing bylaws were adopted by vote of the Attorney Members of the Section at a meeting, duly called, on 12th day of July, 2019.
Signature: /s/ Jared J. Braithwaite
Name: Jared J. Braithwaite