MOOT COURT BYLAWS
ARTICLE I. - Mission
Statement of the Moot Court
The Moot Court Board (The
Board) exists to develop each individual member's potential in written and oral
advocacy, to represent Georgia State University College of Law (College of Law)
successfully in moot court competitions, and to enhance each individual
member's educational experience in law school.
ARTICLE II. - Board
Selection
1.
Eligibility
of Prospective Board Members
a.
Prospective
Board Members shall have successfully completed Legal Bibliography and
RWA. Successful completion shall be deemed to be a grade of PASS in Legal
Bibliography and EITHER an overall average of 2.7 (B-) or higher in RWA OR a
3.0 (B) or higher in the second semester of RWA. In the case of transfer
students, acceptance of coursework equivalent to Legal Bibliography and RWA by
the College of Law for transfer credit shall be conclusive evidence of
successful completion and shall satisfy this requirement.
b.
Potential
Board Members shall be required to have achieved an overall grade point average
of 2.7 (B-) or higher by the completion of their first year of law school.
2.
Moot
Court Candidates
Board Members shall be
chosen by one of two methods:
a.
Invitation
to join Moot Court pursuant to Section 3 of this article or
b.
Selection
based on performance in the Summer Appellate Advocacy Tournament pursuant to
Section 4 of this article.
Acceptance of an
invitation to participate on the Moot Court Board requires an affirmative
commitment by the student as defined in Article III, Section 5(a) of these
bylaws. In addition, the student must fulfill any obligations enumerated
in these bylaws.
3.
Moot
Court Invitees
At the completion of
the spring semester of RWA, eight (8) students shall be invited to join Moot
Court as Invitees.
a.
“Grade-On”
Invitees: The four (4) students with the highest grades in RWA, determined
through a combination of brief and oral argument scores and excluding those
students invited to join pursuant to subsection b of this Section, shall be
invited to join The Board. The brief
score shall account for forty percent (40%) and the oral argument score for the
remaining sixty percent (60%) of a student’s combined score.
i. The brief score will
be assessed by the faculty head of the RWA program.
ii. The oral argument
scores shall be derived from the combined scores of the Preliminary rounds of
the oral argument phase of RWA.
iii. The four (4)
“Grade-On” Invitees will be extended an invitation by the President of the Moot
Court Board after final grades are submitted by the RWA professors.
b.
“Argue-On”
Invitees: Additionally, the four (4) finalists from the oral argument portion
of the RWA Appellate Advocacy Tournament will be invited to join Moot Court as
Invitees.
c.
All
invitations will be extended by the President via mail or email and all
invitations must be accepted or declined within two (2) weeks of receipt of an
invitation.
d.
In
the event that any of the invitations are declined, no further invitations will
be extended.
e.
Upon
acceptance of an invitation, an invitee is considered a Board Member.
4.
Summer
Appellate Advocacy Tournament
Students who meet all
eligibility requirements set forth in Section 1 of this article, who were not
invited to join The Board pursuant to Section 3 of this Article, and who, in
good faith, believe they can successfully execute the commitments and satisfy
the requirements set forth in Article III, Section 5, may try out for The Board
by competing in the Summer Appellate Advocacy Tournament (Tournament). The Tournament shall consist of both brief writing
and oral argument components, to be based upon a problem selected by the Vice
Presidents of Appellate Advocacy and approved by the President. The format of
the competition shall comport with the following provisions:
a.
The
Brief Writing Component:
i. The problem will be
made available to eligible students via the internet, and competitors may
download the problem on a date deemed appropriate by the Vice Presidents of
Appellate Advocacy;
ii. Students will have at
least two (2) weeks from the start date of the Tournament to submit their
completed brief, but must comply with all deadlines and time parameters set by
the Vice Presidents of Appellate Advocacy;
iii. Students are not
required to download the problem as soon as it is available. However, each
competitor’s brief must be turned in by the Due Date, regardless of the date
the competitor downloaded the problem;
iv. The Due Date shall be
set by the Vice Presidents of Appellate Advocacy at a date deemed appropriate.
b.
The
Oral Argument Component:
i. The oral argument
component of the Tournament shall consist of two rounds, one “on-brief” and one
“off-brief”;
ii. The oral argument
rounds shall commence no sooner than one week after the Due Date for
briefs;
c.
Grading:
Moot Court Board Members shall grade all briefs and serve as judges for the oral
argument rounds of the Tournament. Former Board Members, who graduated within two
years of the start date of the Tournament, may also serve as oral argument
judges. The Vice Presidents of Appellate
Advocacy will provide the Board Members with guidelines for scoring both
components of the Tournament. Competitors will be ranked based on their
combined brief and oral argument scores.
Selection of new board members shall be based upon this ranking. The Executive Board shall determine the total
number of new Board Members selected from the Tournament.
d.
Additional
Educational Resources: The Vice Presidents of Appellate Advocacy and the
Executive Committee shall make available or suggest to all competitors
appropriate resources by which the competitors may further develop their
appellate advocacy skills. Such resources may include, but are not limited to:
i. Video taped or live
seminars on written and/or oral advocacy;
ii. Recommended texts on
written and/or oral advocacy;
iii. Case Counselors:
Current Moot Court Board Members who may serve as mentors for competitors
during the Tournament.
e.
Requirements
Satisfaction: Each competitor has a duty to ensure his or her compliance
with the requirements specified in Article II, Section 1 upon the posting of
relevant grades. Failure to satisfy these requirements without
withdrawing from the tournament is dishonest and may result in a violation of
the Honor Code. The Vice Presidents of Appellate Advocacy are responsible
for ensuring that every competitor signifies his or her compliance with Article
II, Section 1 by physical or electronic verification to the following statement
prior to receipt of competition materials:
"I have read and
understand the requirements of Article II, Section 1 of the Moot Court Bylaws.
I understand that it is my duty to ensure that I meet these requirements.
If the grades specified in Article II, Section 1 have not been posted prior to
the competition's commencement, I will ensure my satisfaction of the
requirements as soon as practicable. If I do not meet these requirements,
I understand that if I do not withdraw from the competition, I may be subjected
to discipline under the Honor Code."
Article III. - Responsibilities
of Moot Court Board Members
1.
Executive
Committee
Moot Court shall be governed
by an Executive Committee consisting of the nine elected officers described in
Section 4 of this Article. The President shall serve as chairman of the
Executive Committee and each officer shall have a single vote. The President
shall only vote in the event of a tie among the Executive Committee officers.
2.
Elections
Board Members shall
elect officers for the incoming Executive Committee by vote of a simple
majority of those casting ballots, provided that at least two-thirds of the
Board Members are present. The election will be held no later than the
first week of March. The outgoing president shall provide notice of the
opening of nominations at least one week before the election.
3.
Transition
Newly elected officers
shall work with their outgoing counterparts until an Executive Committee
meeting scheduled at or around the first week of April. Following the Executive Committee meeting,
the newly elected officers will officially begin serving their term and serve
until at or around the first week in April of the following year.
During this transition
period, each outgoing officer shall (1) provide the newly elected officer with
their respective Guidebook updated appropriately; and (2) meet with the newly
elected officer at least once to discuss the contents of the Guidebook.
4.
Officers
a.
President
The President shall be
responsible for the overall administration of both the Summer Appellate
Advocacy Tournament and Moot Court Competition Team components. The
President shall also be responsible for acting as a liaison between the Board
and the College of Law faculty and administration. This officer shall:
i. Act as chairman of the
Executive Committee, casting a vote on that committee only in the case of a
tie;
ii. Select competition
teams along with the Vice President of Moot Court and the Vice President of
Competitions subject to Executive Committee approval;
iii. Appoint Board members
to any and all vacant officer positions subject to Executive Committee approval;
iv. Work with the Vice
President of Treasury as well as the College of Law administrative staff to
ensure the Board meets its fiscal responsibility;
v. Monitor Board member
activities to ensure the smooth functioning of Competition Teams;
vi. Work with the Vice
President of Communications to foster alumni relations;
vii. Work with the Moot
Court Faculty Advisor to ensure good relations with the College of Law faculty;
viii. Provide
recommendations to the Moot Court Faculty Advisor regarding the appropriate
awarding of academic credit to program participants;
ix. Appear before the faculty
at the beginning of each semester, along with the Vice President of
Competitions, to present the schedule of competitions and seek faculty member
support;
x. Take any action
necessary that is in the best interest and furtherance of the stated goals of the
Board;
xi. Update and maintain
Guidebook.
b.
Vice
President of Moot Court
The Vice President of
Moot Court shall be responsible for assisting all other officers in performance
of their duties. This officer shall:
i. Select competition
teams along with the President and the Vice President of Competitions subject
to Executive Committee approval;
ii. Assist the President
in performing his/her duties when the President is engaged in a competition or
otherwise cannot achieve the goals of the office;
iii. Coordinate a trip to an
Atlanta-based appellate court each Fall and/or Spring semester and ensure all
Moot Court I or II students attend (the trip should be open to and optional for
all other Board Members);
iv. Coordinate and
schedule at least one (1) appellate advocacy training each semester and ensure
all Moot Court I and II students attend (the trainings should be open to and
optional for all other Board Members);
v. Select the five-member
disciplinary panel, pursuant to Article VI with the assistance of the Executive
Committee;
vi. Ensure that all Board
Members are present at all Board meetings;
1.
Board
Members who are unable to attend scheduled meetings must present a valid
excuse;
2.
The
validity of the excuse will be determined by this officer, subject to Executive
Committee approval.
vii. For minor infractions,
as enumerated in Article VI, Section 1(a)(v), assign additional
responsibilities to a member such as benching additional practice rounds for
teams preparing for competition in order to provide that member with another
opportunity to satisfy his or her semester responsibilities;
viii. Be responsible for the
administration of Moot Court elections pursuant to Section 2 of this Article;
ix. Assume the duties of
the President should the President be unable to perform his/her duties for any
reason;
x. Update and maintain
Guidebook.
c.
Vice President of Appellate Advocacy
Two
(2) Board members will serve as Vice President of Appellate Advocacy.
The Vice Presidents of
Appellate Advocacy are responsible for coordinating all aspects of the Summer Appellate
Advocacy Tournament, to comport with the format enumerated in Article II.
These officers shall:
i. Develop the research
problems to be used for the Tournament;
ii. Establish deadlines
for submission of appellate briefs pursuant to the limitations enumerated in Article
II, Section 4;
iii. Assign current Board
Members to be Case Counselors to prospective Moot Court members competing in
the Tournament;
iv. Provide for additional
educational resources pursuant to Article II, Section 4(d);
v. Schedule oral argument
rounds for the Tournament;
vi. Assign Board members
to be judges for oral arguments;
vii. Assign Moot Court
Invitees to function as bailiffs for the Tournament and to read and score
briefs;
viii. Assign Board Members
to read and score briefs;
ix. Compile the results of
the brief writing and oral argument sections of the Tournament and, based upon
those scores, recommend to the Board those students that should be
extended invitations upon Board approval;
x. Ensure that invited
students are eligible for Moot Court pursuant to Article II, Section 1;
xi. Ensure successful
completion of the Tournament, and that new members are invited to join Moot
Court, before the end of July to accommodate the Career Services Office’s
deadlines;
xii. Update and maintain
Guidebook.
d.
Vice
President of Competitions
The Vice President of
Competitions is responsible for any and all areas involved with competitions
and competition teams. This officer shall:
i. Select competition
teams along with the President and Vice President of Moot Court subject to
Executive Committee approval;
ii. Enter teams in the
selected competitions;
iii. Work with the Team Coaches
and Assistant Coaches to coordinate travel, lodging, and other accommodations;
iv. Appoint, oversee, and
ensure Team Coaches comply with procedures outlined in Article V, Section 3 and
the Team Handbooks;
v. Work with the Vice
President of Treasury to create a yearly competition budget for approval by the
Executive Committee;
vi. Ensure all Board
Members who are not competing, coaching, or serving on the executive committee
during any given semester are assigned to a team to assist that team by
benching practice oral argument rounds;
vii. Update and maintain
Guidebook.
e.
Vice
President of Communications
The Vice President of Communications
is responsible for alumni relations, for the maintenance of the official
Georgia State College of Law Moot Court website, and the Board’s social
activities. This officer shall:
i. Further the
relationship between the Board and Georgia State University College of Law Moot
Court Board alumni;
ii. Maintain a contact
list of Board alumni;
iii. Produce (at least) two
(2) alumni newsletters per year to update the alumni about, inter alia, the
Board’s accomplishments, planned activities, and future competitions;
iv. Work with the
President to plan at least one (1) alumni event per academic year
v. Maintain a current
list of officers, Board members, Competition Teams, and competition dates on
the website;
vi. Update and maintain
the website throughout the year including posting upcoming Board activities,
competition results, and any distinctions earned by Competition Teams or
Competition Team Members;
vii. Work with the
Executive Committee to expand the content on the website to meet the growing
and changing needs of the Board;
viii. Update any award
plaques in possession of the Board;
ix. Coordinate the Board’s
various social activities;
x. Update and maintain
Guidebook.
f.
Vice
President of RWA
The Vice President of
RWA is responsible during the spring term for coordinating the Moot Court
Board’s participation in the first-year RWA oral argument competition.
This officer shall:
i. Set up two (2) oral
argument demonstrations (one for the day students, one for the evening
students) for the first-year RWA students to be performed by members of the
Intrastate Competition Team (or another team if necessary);
ii. Assign Board members
to be Case Counselors for the first-year students;
iii. Work with the RWA
faculty to formulate an oral argument schedule;
iv. Assign Board members
to be judges for oral arguments;
v. Ensure that all oral
arguments have two (2) Board members present to judge;
vi. Assist the RWA faculty
in tabulating oral argument scores to determine which first-year students
advance to the second round of the competition;
vii. Update and maintain
Guidebook
g.
Vice
President of Records
The Vice President of
Records is responsible for collecting, organizing and maintaining competition
information and also maintaining, updating and creating the Team Handbooks.
This officer shall:
i. Collect all
competition information including, but not limited to: competition problem, the
Competition Team’s brief, other teams’ briefs (if available), the winning brief
(if available), score sheets, information obtained by the Competition Team at
the competition, etc.;
ii. De-brief Competition
Teams regarding the competition including, but not limited to, information on:
the number of teams, the winning team(s), the best oralist, the best brief, the
judging, the judges, the travel and lodging (to be given to the Vice President
of Competitions).
iii. Organize this material
for future reference by The Board in each respective Team Handbook;
iv. Update and maintain
Guidebook.
h.
Vice
President of Treasury
The Vice President of Treasury
is responsible for any and all areas related to the finances of Moot
Court. This officer shall:
i. Along with the
President, act as the liaison between Moot Court and the Georgia State College
of Law Administrative staff relating to any and all financial matters;
ii. Be responsible for
processing, handling and recording all monetary expenditures made by Moot
Court;
iii. Work with the Vice
President of Competitions to create a yearly competition budget for approval by
the Executive Committee;
iv. Work with the Vice
President of Communications to create a yearly dues amount for approval by the
Executive Committee;
v. Be responsible for the
collection of yearly Board dues. Dues will be payable at the beginning of
the Fall Semester for new and current Board Members;
vi. Maintain records of
all Moot Court finances;
vii. Update and maintain
Guidebook.
5.
Moot
Court Board Members
a.
Commitment
Students
accepting invitations to join the Board and current Board Members accept the
following commitments:
i. Serve
four (4) consecutive semesters.
1.
An exception to the four-semester commitment
may be made for undue hardship as demonstrated by an individual member pursuant
to the following procedure:
a.
The Member shall provide notice of his or her
hardship and the nature of relief requested to the President as soon as the
situation arises.
b.
The President shall present the request to
the Executive Committee and requests shall be granted by a majority vote of the
Executive Committee.
2.
A Member’s failure to satisfy the semester
requirement will subject the member to removal procedures pursuant to Article VII,
Section 1 of these bylaws.
ii. Pay
yearly dues as determined and set forth by the Executive Committee.
1.
A Member’s failure to pay dues will subject
the Member to removal procedures pursuant to Article VII, Section 1 of these
bylaws.
iii. Participate
on any Competition Team for which they are selected.
b.
Academic
Credit
i. Academic
credit will be made available to Moot Court Board Members on a pass/fail basis.
ii. Academic
credit will be awarded at the rate of one (1) credit hour for each semester
successfully completed. In no event may
a student earn more than four (4) credit hours for the Moot Court I-IV course
sequence.
iii. The
Moot Court President shall submit a list of students who successfully completed
the requirements for each Moot Court course to the Moot Court Faculty Advisor
at the end of each semester.
c.
Requirements
i. Board
Members are required to participate on at least one (1) competition team as a Competitor
in either Moot Court I or II. Board
Members are required to participate on a competition team as a Competitor and/
or Team Coach during Moot Court III and/ or IV.
The specific requirements of each course, in addition to the requirements
set forth in the preceding sentences, are as follows:
ii. Moot Court I:
1.
Students
invited to join Moot Court pursuant to Article II shall register to take Moot
Court I during fall semester of their second year of law school;
2.
All
Moot Court I students shall observe an oral argument at an Appellate Court as
coordinated by the Vice President;
3.
All
Moot Court I students shall attend brief writing and/or oral argument seminars,
to be coordinated by the Vice President of Moot Court;
4.
All
Moot Court I students are required to attend Board meetings (Unless excused by
the Vice President of Moot Court pursuant to Section 4(b)(vi) of this Article;
5.
All
Moot Court I students are eligible to compete in a competition or to servve as
assistant coaches;
6.
All
Moot Court I students shall bench at least four (4) practice rounds for teams
preparing for competition;
7.
All
invitees who joined the Board pursuant to Article II, Section 3 shall assist
the Vice Presidents of Appellate Advocacy during the Summer by reading and
grading briefs and acting as bailiffs for the Summer Appellate Advocacy
Tournament.
iii. Moot Court II:
1.
Board
Members shall enroll in Moot Court II after completing Moot Court I;
2.
All
Moot Court II students shall attend brief writing and/ or oral argument
seminars, to be coordinated by the Vice President of Moot Court;
3.
Board
Members enrolled in Moot Court II are eligible to compete or serve as an
assistant coach for a competition;
4.
All
Board Members enrolled in Moot Court II shall assist the Vice President of RWA
in the Spring by serving as Case Counselors and judging and scoring oral
arguments for the first-year RWA oral argument competition;
5.
All
Moot Court II students shall bench at least four (4) practice rounds for teams
preparing for competition;
6.
All
Board Members enrolled in Moot Court II are required to attend Board meetings
(Unless excused by the Vice President of Moot Court pursuant to Section
4(b)(vi) of this Article.
iv. Moot Court III:
1.
Board
Members shall enroll in Moot Court III after completing Moot Court II;
2.
Board
Members enrolled in Moot Court III are eligible to compete or serve as an
assistant coach for a competition. Additionally, Board Members enrolled in Moot
Court III who have previously competed or served as an assistant coach are
eligible to coach a competition team;
3.
All
Board Members enrolled in Moot Court III will assist the Vice Presidents of
Appellate Advocacy in the Summer by serving as Case Counsels, reading and
grading briefs, and judging and scoring oral arguments for the Summer Appellate
Advocacy Tournament.
4.
All
Moot Court III students shall bench at least four (4) practice rounds for teams
preparing for competition;
5.
All
Board Members enrolled in Moot Court III are required to attend Board meetings
(Unless excused by the Vice President of Moot Court pursuant to Section
4(b)(vi) of this Article.
v. Moot Court IV:
1.
Board
Members shall enroll in Moot Court IV after completing Moot Court III;
2.
Board
Members enrolled in Moot Court IV are eligible to compete or serve as an
assistant coach for a competition. Additionally, Board Members enrolled in Moot
Court IV who have previously competed or served as an assistant coach are
eligible to coach a competition team;
3.
Board
Members enrolled in Moot Court IV must compete if they have not competed
previously;
4.
All
Board Members enrolled in Moot Court IV shall assist the Vice President of RWA
in the Spring by serving as Case Counselors and judging and scoring oral
arguments for the first-year RWA oral argument competition;
5.
All
Moot Court IV students shall bench at least four (4) practice rounds for teams
preparing for competition;
6.
All
Board Members enrolled in Moot Court IV are required to attend Board meetings
(Unless excused by the Vice President of Moot Court pursuant to Section
4(b)(vi) of this Article.
6.
Competition
Team Selections
a.
Rankings:
Each invitee and candidate shall be ranked upon becoming a Board Member. Ranks 1-4 will be occupied by those who
“argued on” to The Board pursuant to Subsection C(2) of this article. Ranks 5-8 will be occupied by those who
“graded on” to The Board pursuant to Subsection C(1) of this article. Subsequent ranks will be assigned based on
combination of brief and oral argument scores earned during the
Tournament. These rankings shall assist
the Vice President of Competitions in assigning Board Members to competitions.
b.
First
Competition Assignment: All Board Members are required to participate as a
competitor in one (1) Competition Team during either Moot Court I or II. The following factors shall be considered in
assigning a Board Member to their first competition: (a) assigned rank pursuant
to Section 6(a) of this article; (b) demonstrated ability in brief writing and/
or oral advocacy in non-Moot Court experience; (c) group dynamic; and (d)
dedication.
c.
Subsequent
Competition Assignment: Board Members who prove themselves in their first
competition will be invited by the Executive Committee to participate on at
least one (1) Competition Team during Moot Court III or IV. The following factors shall be considered in
assigning a Board Member to their second or subsequent competition: (a)
performance in previous competitions; (b) group dynamic; and (c) a Board
Member’s preference for a particular subject matter or semester.
d.
All
other Board Members not invited to participate on a Competition Team during
Moot Court III or IV shall be assigned to serve as a Team Coach.
e.
Under
exceptional circumstances, Board Members may be excused from a Competition
Requirement by the Executive Committee upon unanimous consent from all elected
officers.
ARTICLE IV. - Responsibilities
of Case Counselors
1.
Case
Counselors are responsible for guiding Prospective Board Members in the Summer Appellate
Advocacy Tournament in both the brief writing and the oral argument
sections. The extent of assistance and involvement by the Case Counselors
with Prospective Board Members will be determined by the Vice Presidents of
Appellate Advocacy.
2.
Case
Counselors are responsible for guiding first-year RWA students in the Spring
RWA oral argument competition. The Case Counselors will be available to
first-year students to give advice and assistance with oral argument skills. The head of the RWA program will determine the
extent of assistance and involvement by the Case Counselors with first-year RWA
students.
ARTICLE V. - Responsibilities
of Competition Teams
1.
Competition Teams will consist of Board
Members serving as Competitors, Coaches, and Assistant Coaches. Each Competition Team will be
selected by the President, Vice President, and the Vice President of Competitions, subject to
approval by the Executive Committee, and pursuant to Article III, Section 6.
2.
Competitors will be responsible for:
a.
Representing the Georgia State University
College of Law and the Moot Court Board at competitions around the country;
b.
Working together to research and write the
brief;
c.
Completing the brief in the time limits set
forth by the Competition and Coaches;
d.
Working with the coaches to establish an oral
argument practice schedule;
e.
Recruiting judges for oral argument practice
rounds (including Professors, Alumni, Attorneys, Judges, and Board Members);
f.
Working with the Vice President of Records to
convey competition experiences and information after the competition is done;
g.
Adhering to the guidelines outlined in the
appropriate Team Handbook.
3.
Coaches and Assistant Coaches will be
responsible for:
a.
Setting brief completion deadlines;
b.
Mailing the brief to the competition as well
as to other teams;
c.
Working with competitors to set up oral
argument practice times;
d.
Recruiting judges for oral argument practice
rounds (including Professors, Alumni, Attorneys, Judges, and Board Members);
e.
Reporting brief deadlines and practice
schedules to the Vice President of Moot Court;
f.
Working with the Vice President of
Competitions to ensure that the Competition Team is registered for the
Competitions;
g.
Work with the Vice President of Competitions
to make travel, lodging, and other accommodations;
h.
Working with the Vice President of Records to
convey competition experiences and information after the competition is done;
i.
Adhering to the guidelines outlined in the
appropriate Team Handbook.
ARTICLE VI. - Disciplinary
Panel
The Disciplinary Panel
shall consist of five non-Executive Committee members selected by the Vice
President of Moot Court with the assistance of the Executive Committee.
The Disciplinary Panel shall operate and make its decisions regarding Moot
Court disciplinary matters independently of the Executive Committee. If
the subject of a disciplinary complaint is a member of the Disciplinary Panel,
the subject shall step down and be replaced by the Vice President of Moot
Court.
1.
The
Disciplinary Panel may take disciplinary action against a Member pursuant to
the following provisions:
a.
Board
members are expected to handle themselves professionally at all times. Board Members shall make every effort to
handle minor problems with a candidate or member without taking formal
disciplinary action. In the event of serious misconduct, any member or
candidate may report an individual’s misconduct to the Disciplinary Panel. The disciplinary committee shall notify the
individual that a request has been made for the Disciplinary Panel to take
action against such notified individual.
Such requests and the identity of the individual(s) who made the request
shall be kept confidential. Examples of
serious misconduct include but are not limited to:
i. Failure to meet brief
deadlines for a competition team;
ii. Failure to attend
scheduled oral argument practices for a competition team;
iii. Failure to perform
duties assigned by the Vice Presidents of Appellate Advocacy;
iv. Failure to perform
duties assigned by the Vice President of RWA;
b.
The
Disciplinary Panel shall notify the subject of the complaint as to:
i. The nature of the
complaint;
ii. The action being
contemplated;
iii. Opportunities to
present their case to the Panel;
iv. The possibility of rescheduling
assignments, possible retribution or possible removal from the Board.
c.
The
Disciplinary Panel shall take care to perform its duties in an impartial, fair
and discreet manner. The Panel shall convene to discuss the case, hear
any statement from the subject of the complaint, hear any statement from any
other involved Board members, Invitees and/or Candidates (in the example of a
competition team where a member consistently misses deadlines), and shall
decide the appropriate action to take, if any. The Panel should make
every effort to make a decision that is in the best interests of the Board, not
the subject of the complaint. Examples of appropriate action include but
are not limited to:
i. Rescheduling deadlines
or practice schedules. (This is the first step in dealing with competition
team-related problems. Every effort should be made to accommodate all
team members’ schedules. Input from the competition team coach and the
other members is crucial at this stage. Should no compromise be possible
the next appropriate step may be taken.)
ii. Removing the subject
of the complaint from the competition team. (This step should be taken
only if the other team members approve and are capable of continuing the
competition without that individual. This step should be taken early
enough in the competition for the other team members to adequately prepare for
and meet their deadlines, at least a week before the brief is due or at least
two weeks prior to oral argument. These time frames are suggestions and
may be altered to suit the individual team’s needs.)
iii. Rescheduling the Board
Member for additional duties within the Appellate Advocacy or RWA phase of Moot
Court.
iv. Recommending to the
Executive Committee for the removal of the Board Member pursuant to Article VII,
Section 1.
d.
The
Disciplinary Panel shall notify the subject of the complaint, any involved team
members, the President and the faculty advisor of their choice of actions.
i. The subject of the
complaint may only appeal decisions that affect their removal from the Moot
Court Board pursuant to Article VII, Section 3.
ii. Any objections as to
unfairness, bias or prejudice may be made to the faculty advisor, who alone
shall decide the appropriate course of action after a thorough review of the
facts and the decision of the Disciplinary Panel.
ARTICLE VII. - Removal
Failure to
successfully complete all required responsibilities (as defined in Article III,
Article IV, and Article V) and commitments (as defined in Article III, Section
5(a)) shall be grounds for removal of the Board Member.
1.
The
Executive Committee may hold a removal vote in the following cases:
a.
Failure
of a Board Member or Invitee to complete required responsibilities or
commitments as defined by these bylaws;
b.
Upon
recommendation by the Disciplinary Panel.
2.
Decisions
to remove a member from the Board will be made by simple majority vote of the
Executive Committee. In the event the member whose participation in
dispute is an officer, the faculty advisor will be substituted for the officer
and will confer and vote in his/her place.
a.
In
the event of a removal vote pursuant to Section 1(a) of this Article, the
subject will have an opportunity to present his/her case to the Executive
Committee.
b.
In
the event of a removal vote pursuant to Section 1(b) of this Article, the
subject will not be permitted to present his/her case to the Executive
Committee. (Subject will have had the opportunity to present his/her case to
the Disciplinary Panel.)
3.
Appeal
of a removal decision made by the Executive Committee may be made to the
faculty advisor, unless the advisor has cast a vote in the removal decision, in
which case appeal may be made to the Faculty Moot Court Committee.
ARTICLE IX. - Amendments
1.
These
bylaws are subject to the approval of the Moot Court Board and the Faculty of
the Georgia State University College of Law.
2.
These
bylaws are subject to amendment at the behest of the Moot Court Board.
a.
To
amend the bylaws, a proposal of the amendment must be submitted to the Board.
b.
The
President shall give prior written notice of the proposed amendment(s).
c.
The
President shall give prior written notice of the date, time and place of the
meeting called for the purpose of voting on the proposed amendment(s) to the
bylaws.
d.
The
proposed amendment(s) must be approved by at least two-thirds of the Board
members present at the meeting called pursuant to Section 2(a) of this Article.
3.
These
bylaws (and any amendment(s) made pursuant to Section 2 of this Article), once
approved, will remain in full force and effect until future amendment(s).
(last amended 01/19/10)
(approved by Board 01/19/10)
(approved by faculty 02/18/10)
