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This
November our Association's members will be asked to
vote their approval of four amendments to our constitution.
All four were referred for this vote by your House
of Delegates. Here is what and why.
In recent years, you
have approved a sweeping modernization of our governance.
Formerly our House of Delegates, a large, diverse
body of lawyers, was charged with running the Association
on literally a day-by-day basis (with considerable
help from our fine staff, of course.) Because that
was impractical, an Executive Council (really an executive
committee composed of delegates and elected by delegates)
began doing that job under the auspices of the House.
When we reorganized we transformed the Executive Council
into the Board of Governors. We provided for direct
election, by district, of governors, and left the
House with the responsibility for broad, enduring
policy issues. For example, the Association's biannual
legislative package is set by the House of Delegates.
However, current Article XV of our constitution still
requires an affirmative vote at a regular or special
election of the entire membership before the association
can sponsor or even just support a proposed amendment
to the state or federal constitution. (Paradoxically,
no such vote is required if we oppose such a constitutional
amendment.)
The existing rule is
unnecessary and unwieldy. Here is a topical example.
Most of us believe that Arkansas' legislative process
has suffered severely by legislative term limits so
strict that they virtually mandate a forever-inexperienced
General Assembly. The last legislative session produced
a proposed amendment liberalizing these term limits.
It is something which we should support and I am sure
we will, but we really should have been able to support
it from the beginning, while it was still before the
Legislature. At one point it was suggested that the
proposed amendment should include imposing term limits
upon our judges. I, for one, would oppose that one
with all of my resources. There lies the problem.
During the most critical time period (when the Legislature
is considering the proposed amendment) there is not
enough time to obtain authority for support. Further,
special elections are expensive. I would rather spend
our dues delivering member benefits like Arkansas
VersusLaw.
The proposed amendment
puts this authority with our Delegates, where it belongs.
It is full of safeguards. First, thirty-days' notice
to the membership must precede any such House vote.
Second, a three-fourths' majority is required. Article
VII, Section 4 requires the Board of Governors to
meet four times each year, whether it needs to or
not. Often it does not need to. These meetings cost
those involved time, and the Association money. We
propose to reduce the number of required meetings
of the Board to three and, if more meetings are needed,
call special meetings.
The first of our two
annual House of Delegates meetings is held on the
Saturday of our Annual Meeting. The schedule for election
of new house members almost runs into that date, especially
when no nomination occurs during the initial election
of new house members. When that happens, the vacancy
is re-advertised. Then, if there is still no qualified
nominee, the vacancy is filled by presidential appointment.
By shortening both the time between re-advertising
the vacancy and closing nominations and the time the
vote itself by five days each (thirty days to twenty-five
days in both cases) we eliminate the time crunch.
For several years, we
have had a category of Association membership called
"Associate Members." Those members are licensed
to practice law and in good standing, but their licensing
state is not Arkansas. Most of these members are on
the faculty of one of our law schools. Some have simply
retired here. A few others are employed as in-house
counsel by national corporations in those companies'
Arkansas corporate offices.
These members are currently
required to be Arkansas residents. They pay the same
dues as the rest of us and devote valuable time to
our task forces, committees and sections. They are
not eligible to hold office or membership in the House
of Delegates or Board of Governors.
We propose to open this
class of membership to all licensed lawyers in good
standing who are full time employees of business organizations
with regular business in Arkansas. Thus, for in-house
counsel, the requirement of Arkansas residency will
be removed. Some of our smaller, more specialized
sections (Natural Resources comes to mind) will greatly
benefit from the participation of these fine lawyers
in section-sponsored publications and CLE programs.
The dues base will be slightly expanded.
Your ballot on these
small changes will arrive in November. Please vote
"yes".
Arkansas VersusLaw User Tips and Tricks
As our members learn
to use Arkansas VersusLaw some have learned tricks
that are worth sharing. To that end, we will publish
some of their Tips and Tricks in the next few issues
of The Arkansas Lawyer.
Here is one from yours
truly. When including Eighth Circuit cases in a search
within the AR Content library, end your query with
"and arkansas." You will then almost completely
limit your hits to appeals of cases arising in Arkansas,
although, occasionally, some other opinions will contain
the word "Arkansas". If you are only searching
Eighth Circuit cases (as opposed to state and federal
district cases at the same time), the phrase: "and
(history includes arkansas)" works even better.
(Within the Federal Appeals Court database, the field
called "history" contains the name of the
district court from which the appeal is taken.)
Our next tip was developed
at the suggestion of Association Governor Bob Young
of Paragould. Bob noted that, while Arkansas VersusLaw
searches the Arkansas Code and finds any statutes
matching the search criteria, it does not facilitate
browsing the Arkansas Code itself. The fix is simple.
From the Association's web page click "law links".
From that sub menu click "Arkansas Code".
Shazam! A fully browsable version of the Code is at
your service. The Code has opened in a new window.
If you minimize that window (click on cute little
"-" sign), you are back at the Association's
website, ready to enter Arkansas VersusLaw. When you
find a statute in response to your Arkansas VersusLaw
query, reopen that minimized Code window and browse
the vicinity of the statute which Arkansas VersusLaw
found for you.
Today's final tip comes
from Finis Batchelor of Van Buren. Finis uses Arkansas
VersusLaw to produce electronic advance sheets of
Arkansas decisions. (We have modified his procedure
to make it also work on Eighth Circuit cases.) The
trick is to date-limit the search. For example, if
it is Monday and you want to know about cases decided
the previous week, fill in the "from" date
on the date-limiter with the preceding Monday. (You
do not need to fill in the "to" date.) Then,
enter the query "arkansas" and search away.
You will find all the cases decided that week. If
you include the Eighth Circuit in your search you
will only retrieve cases using the word "arkansas"
which, as observed above, is good but not perfect.
If you are obsessed with perfection, search the Eighth
Circuit separately, and use the query "history
includes arkansas" along with your date-limiter.
If you have a suggestion
for "Arkansas VersusLaw Tips and Tricks"
we would like to hear from you. Send it, via email,
to rhicks@arkbar.com. We will publish them as space
allows.
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