MOOT COURT BYLAWS
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 (
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
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:
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
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
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
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. Be responsible for the administration
of Moot Court elections pursuant to Section 2 of this Article;
viii. Assume the duties of the President
should the President be unable to perform his/her duties for any reason;
ix. 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 who are not competing or serving as an assistant coach
shall bench at least two (2) 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 who are not competing or serving as assistant coach
shall bench at least two (2) 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
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
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 08/12/09)
(approved by Board 08/20/09)
(approved by faculty
08/20/09)