In re the Virgin Islands Bar Association's

60 V.I. 269, 2013 WL 6498197, 2013 V.I. Supreme LEXIS 93
CourtSupreme Court of The Virgin Islands
DecidedDecember 11, 2013
DocketS. Ct. Miscellaneous No. 2013-0035
StatusPublished
Cited by2 cases

This text of 60 V.I. 269 (In re the Virgin Islands Bar Association's) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Virgin Islands Bar Association's, 60 V.I. 269, 2013 WL 6498197, 2013 V.I. Supreme LEXIS 93 (virginislands 2013).

Opinion

OPINION OF THE COURT

(December 11, 2013)

Per Curiam.

This matter comes before the Court pursuant to an October 31, 2013 petition filed by the President of the Virgin Islands Bar Association (“VIBA”), which requests that this Court adopt various changes to the Bylaws of the VIBA, including altering its dues structure. For the reasons that follow, we grant the petition, as modified.

I. BACKGROUND

At its September 25, 2013 Third Quarterly Meeting, the President of the VIBA notified the members in attendance that the VIBA’s Board of Governors had approved several changes to the Bylaws. On October 7, 2013, the VIBA published a special edition of the Virgin Islands Bar Journal, which stated that nine amendments would be submitted for consideration at a special meeting, scheduled for October 23, 2013, at 5:30 pm at the District Court of the Virgin Islands. The special edition did not mention the possibility of members voting by mail, nor did it specify how the membership would vote on the proposed amendments, i.e., whether all nine amendments would be subject to a single collective vote or be voted upon separately. However, on October 9, 2013, the VIBA, through its Executive Director, Hinda Carbon, sent an email to the membership stating that the special meeting had been rescheduled to [272]*27212:00 pm on October 23, 2013.1 The VIBA did not publish a new edition of the Bar Journal to reflect the changed meeting time, nor did it distribute any mail-in ballots in advance of the special meeting.

Only 16 members of the VIBA attended the special meeting.2 At the meeting, the following proposed amendments were submitted for a vote:

A. Increasing Bar Dues.

Article I of the Bylaws of the Virgin Islands B ar Association Integrated is amended:

1. In section 3 by deleting “$200.00” and inserting “300.00” in its place; and by deleting “$50.00” and inserting “150.00” in its place;
2. In section 5 by deleting “100.00” and inserting “300.00” in its place; and
3. In section 7 by deleting “$150.00” and inserting “300.00” in its place.

B. Establishing an Official Policy for the Succession of Officers and permitting Electronic Voting.

Article IV of the Bylaws of the Virgin Islands Bar Association Integrated is amended:

1. In the title by adding the words “and Voting”;
2. By adding a new section three to read: “In the event the sitting President is unable to exercise and perform the duties assigned to him by these Bylaws and by the Board of Governors and [by] the Chief Executive Officer of the Virgin Islands Bar, the President-elect shall assume the duties of the Presidency for the remainder of the term of the President and shall there[273]*273after serve his or her elected term. In the event a member of the Board of Governors or the ABA Delegate is unable to exercise and perform the duties assigned to him or her by these Bylaws and the Board of Governors, the President shall appoint a member to serve in the Member or Delegate’s stead for the remainder of his or her elected term. Said appointment shall expire at the remainder of the elected term of the disabled Member or Delegate.”;
3. By renumbering the remaining sections accordingly; and
4. In the existing section 3, by striking the word “present”, and adding a new sentence to read: “An electronic voting system shall be established and implemented by the Nominating Committee. All members in good standing shall cast their vote by secret paper ballot or by secret electronic ballot.”

C. Establishing additional Guidelines for Use of Scholarship Funds and Eliminating the Maximum Limitation of the Number of Members who may Serve on a Committee.

Article X of the Bylaws of the Virgin Islands Bar Association Integrated is amended by:

1. Adding a new section 3 to read: “Notwithstanding the limitations set forth herein, the Scholarship Committee may grant donations for purposes other than those listed in subsection 1, subject to the availability of funds.”; and
2. Adding the words “at least” after the words “consists of’ after all committee designations set forth in bold, except for the Young Lawyers Committee designation.

(Pet. Exh. B (emphasis, capitalization, and spelling in original).) The 16 members present voted separately for the “A,” “B,” and “C” amendments, all of which passed by a majority vote. The special meeting adjourned without any mention or tabulation of mail-in ballots.

The VIBA, through its President, filed a petition for this Court to approve the proposed amendments on October 31, 2013. This Court, in a November 5, 2013 Order, expressed several concerns with the VIBA’s petition, and required that the President submit a supplemental brief addressing the following issues:

1. Article XII of the Bylaws provides that “[t]hose absent can vote in writing by mail provided such vote is received prior to [274]*274the date of the meeting.” Additionally, Supreme Court Rule 205(e) provides that “[w]here mailing of ballots is required, the Bar Association shall provide adequate time for distribution and return before the tabulation deadline.” Were members of the Virgin Islands Bar Association informed of their right to vote by mail and, if so, how were mail-in ballots distributed and counted?
2. Article XII of the Bylaws requires that notice of a vote on proposed amendments be provided by mail or publication in the Virgin Islands Bar Journal atleast 15 days before the meeting. The petition states that the Bar Journal was published on October 7, 2013. But while the Bar Journal states that the meeting would occur at 5:30pm on October 23, 2013, this Court takes judicial notice that on October 9, 2013, the Executive Director published an email to members stating that the meeting would occur at 12:00pm on October 23,2013. In light of this, has the 15 day notice requirement been met?
3. The proposed amendments would change the dues structure so that all active, inactive, and government members would pay $300.00 in dues. What is the justification for requiring inactive and government members to pay the same dues as active members, given that inactive members cannot practice law and neither inactive nor government members can vote or hold office?

In re Petition to Amend Bylaws, S. Ct. Misc. No. 2013-0035, slip op. at 1 (V.I. Nov. 5,2013) (unpublished). Additionally, since only 16 total members attended the special meeting, as well as the fact that the proposed amendments would raise dues for inactive and government3 members — who were not [275]*275eligible to vote — this Court found that the interests of justice required notifying all members of the VIBA of the petition, and permitting any member so desiring to electronically file a written response or comments directly with this Court for its consideration.

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People v. Titre
63 V.I. 800 (Supreme Court of The Virgin Islands, 2015)
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62 V.I. 271 (Superior Court of The Virgin Islands, 2015)

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Bluebook (online)
60 V.I. 269, 2013 WL 6498197, 2013 V.I. Supreme LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-virgin-islands-bar-associations-virginislands-2013.