|
|
The Board of Advocates
|
|
|
|
| BOA Charter |
BOA Bylaws |
BOA Point System |
|
|
|
Charter of the Board of Advocates Back to top
- PURPOSE
The purpose of the Board of Advocates is to provide educational opportunities to the students of the University of Missouri–Columbia School of Law in curricular and extracurricular advocacy, counseling and practice oriented activities and competitions.
- EXECUTIVE COMMITTEE
- In selecting a new Executive Committee, all current Executive Committee members shall be present, or vote by absentee ballot.
- Selection of the Executive Committee shall be made annually each April from the members of the Board of Advocates by the incumbent Executive Committee.
- In all decisions requiring an Executive Committee vote, an affirmative vote by the majority of those present shall be required. Unless otherwise specified herein, a quorum shall be required for all decisions requiring a vote. A quorum shall consist of threequarters of the current Executive Committee members.
- The Executive Committee shall consist of the Chairman, one Judging Director, one Writing Director, one Finance Director, two First–Year Moot Court Directors and as many other Tournament Directors (but no more than one per tournament) as the Executive Committee determines to be necessary.
- COMMITTEES
Standing committees shall exist for each Director., The Chairman may create such other ad hoc committees as deemed necessary. Duties of standing committees shall be as set forth in the Bylaws.
- MEMBERSHIP
Only second–year students of the School of Law who are eligible under Section IV (B) for membership may petition to become members of the Board of Advocates. All petitions shall be dated and filed in the Board of Advocates' office by the Chairman.
- SELECTION
- Election to membership shall be by affirmative vote of the majority of all members present, including Executive Committee members. All petitions for membership shall be dated and filed in the Board of Advocates' office with the Chairman for at least one week prior to voting on new members.
- The Executive Committee may place a limitation on the total number of new members in the Bylaws. In the event there are more petitioners receiving an affirmative vote than permitted by the designated limit, they shall be ranked by their "Participation Points" with the designated limit serving as a cut–off.
- REQUIREMENTS FOR MEMBERSHIP
All petitioners for membership must satisfy competition and participation requirements as set forth in the Bylaws. The "Point System" therein shall be maintained so that a petitioner must meet the following conditions:
- First, either
- Complete two competitions without writing requirements sponsored by the Board, or
- Complete one competition with a writing requirement, or the trial competition, or,
- Complete any nationally recognized competition which the Executive Committee finds to be the equivalent of a local competition with a writing requirement, and
- Second, satisfy the "Participation Points" requirement as set forth in the Bylaws.
- LIMITATIONS
The Executive Committee may, in its discretion, set limitations on the total number of members to elect. Any such limitation shall be set forth in the Bylaws.
- RECORDS
Membership status shall be submitted by the Chairman to the Dean for recordation upon permanent transcript of each member. The Chairman shall also report to the Dean the severance of any, member from the Board of Advocates.
- DUTIES OF MEMBERS
Members must meet the requirements set forth below to remain in good standing
- Complete the "Competition Points" requirement for members as set forth in the Bylaws by participating in one or more local or other approved competitions.
- Complete the "Participation Points" requirement for members as set forth in the Bylaws by attending committee meetings and helping with Board of Advocates activities.
- SEVERANCE AND SUSPENSION
Any member of the Board of Advocates who fails to perform the duties required of him or her shall be severed from membership. Any member of the Board of Advocates who is on Academic Probation is on manditory suspension from membership until Academic Probation is removed. Any member of the Board of Advocates on Academic Probation shall notify the Chairman. Any member of the Board of Advocates on Academic Probation for more that one semester may be severed from membership.
- PROCEDURE
- Severance proceedings are initiated by any member of the Executive Committee who alleges that "good cause" has been shown for the severance of a member.
- The first meeting of the Executive Committee to consider the propriety of a Severance Hearing shall be held without the presence of the member against whom the allegation is made.
- If a majority of the Executive Committee determine that there is probable cause to believe that "good cause" has been shown, a Severance Hearing is called and the member who is subject to severance shall be notified as to the time of the Severance Hearing.
- At the Severance Hearing, the member in question shall have the right to appear and defend himself/herself against the allegations.
- The unanimous vote of the Executive Committee is required to sever a member.
- CANDIDACY AND DUTIES
Any first–year student of the School of Law who is eligible under Section VI. A. for candidacy may petition to become a Candidate to the Board of Advocates. All petitions shall be dated and filed in the Board of Advocates' office with the Chairman
- ELIGIBILITY FOR CANDIDACY
In order to be considered for candidacy, petitioner must satisfy the following conditions:
- Petitioner must rank as a Top Ten Oralist in the First–Year Moot Court Competition, or petitioner must have participated in any activity worthy of "Participation Points" or "Competition Points" as set forth in the Bylaws.
- Petitioner must submit an application for candidacy.
- SELECTION OF CANDIDATES
Candidates shall be selected within one month of the First–Year Moot Court Competition. Selection shall be made by the majority affirmative vote of all members present. The Executive Committee may place a limitation on the total number of candidates in the Bylaws. In the event there are more petitioners receiving an affirmative vote than permitted by the designated limit, they shall be ranked by their "Participation Points" with the designated limit serving as a cut–off.
- DUTIES OF CANDIDATES
Candidates must meet the requirements of membership within one year of their election to candidacy by accumulating the "Competition Points" and "Participation Points" required for membership, as set forth in the Bylaws. Failure to satisfy those requirements shall result in the termination of their candidate status.
- FACULTY ADVISOR
At least one Law School Professor "Assistant, Associate or Full", who is at least 75% FTE, shall be selected to serve as Advisor to Board of Advocates, and as an ex–officio member of the Board.
- AMENDMENT OF THE BYLAWS
The Bylaws of the Board of Advocates may be amended at any time by an affirmative vote of at least three–quarters of the Executive Committee members. Any such amendment shall not be applied retroactively and shall take effect only after publication of such amendment in a prominent place in the School of Law for at least five class day during the regular term.
- AMENDMENT OF THE CHARTER
Any amendment of the Charter must be approved by a vote of three–quarters of the Executive Committee members and a majority of the members. The Dean of the School of Law must approve all amendments to this Charter.
Bylaws of the Board of Advocates Back to top
- EXECUTIVE COMMITTEE
- The Executive Committee shall be composed of the Chairman, two Judging Director(s), Intra-School Competition Director, Writing Director, Finance Director, two First–Year Moot Court Director(s), Regional Tournament Director, two Shughart Thomson & Kilroy Fall Moot Court Director(s), Trial Competition Director, Negotiation Tournament Director, Mediation Tournament Director and Client Counseling Tournament Director. The positions of Intra-School Competition Director and Writing Director should be appointed to the Executive Committee based on need and student interest in these positions.
- The duties and responsibilities of the Chairman and Directors are as follows:
- Chairman
The duties of the Chairman are:
- To serve as faculty liaison generally and specifically as liaison with the faculty advisor;
- To be ultimately responsible for all Board activities including the actions of other Directors;
- To supervise the work of members and candidates;
- To preside at meetings of the Executive Committee and meetings of the members and candidates generally;
- To oversee and maintain records of Board activities;
- To appoint all ad hoc committees and delegate duties as appropriate;
- To maintain a list of all current and past Board members;
- To ensure the BOA website is updated and maintained;
- To coordinate the awarding of certificates relating to Board membership and participation in competitions.
- Judging Director(s)
The duties of the Judging Director(s) are:
- To maintain a record of all persons available to judge;
- To be responsible for all judging activities;
- To train, support, supervise and coordinate all Assistant Judging Directors members in their duties;
- To send out thank you letters and CLE certificates to all judges;
- To solicit and instruct the judges for all competitions.
- Intra-School Competition Director
The duties of the Intra-School Competition Director are:
- To prepare the chosen teams for the regional rounds of the National Moot Court Competition, the ATIA Mock Trial Competition, the ABA Negotiation, Mediation, and Client Counseling Competitions, and any other competitions for which teams are selected to represent the University of Missouri School of Law;
- Solicit the support and assistance of faculty and local practitioners in the preparation of the chosen teams for these competitions;
- Work with the Finance Director to coordinate regional and national travel expenses and logistics;
- Register teams for regional and national competitions;
- If no Intra-School Competition Director is appointed for a particular academic term, the Competition Directors are responsible for ensuring and coordinating the preparation of the chosen teams from their respective competitions for regional rounds and any other competition for which those teams are selected to represent the University of Missouri School of Law.
- Writing Director
The duties of the Writing Director are:
- To work closely with faculty members teaching the First?Year Advocacy course and the First-Year Moot Court Director(s) to ensure the preparation of bench briefs;
- To work with the Shughart Thomson & Kilroy Fall Moot Court Tournament Director(s) in developing grading scales and grading briefs;
- To compose or compile bench briefs when needed. Such bench briefs should succinctly address the anticipated legal issues of the competition for the purpose of bringing them to the judges' attention. The Writing Director shall work with the Tournament and Judging Directors in providing judges with bench briefs;
- To work with the Shughart Thomson & Kilroy Fall Moot Court and Mock Trial Tournament Director(s) in selecting the competition problem.
- Finance Director
The duties of the Finance Director are:
- To prepare and maintain a budget;
- To maintain records of all income and expenditures of the Board;
- To act as liaison between the Board and the Law School Fiscal Officer;
- To reconcile the Board's financial records with monthly reports;
- To report to the Executive Committee about Board finances;
- To assist the Tournament Directors in determining the cost of their tournament;
- To be responsible for all financial activities, however, regional and national travel expenses shall be determined in coordination with the Intra-School Competition Director.
- First–Year Moot Court Director(s)
The duties of the First–Year Moot Court Director(s) are:
- To work closely with faculty members teaching the First–Year Advocacy course and to carry out all administrative duties delegated by said faculty members;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs needed for the rounds;
- To organize the oral arguments and serve generally as liaison between the faculty members and the participants with regard to the oral competition;
- To work with the Writing Director to coordinate the production of bench briefs. If no Writing Director is appointed for a particular academic term, the First Year Moot Court Director(s) are responsible for ensuring the production of bench briefs.
- Regional Tournament Director
The duties of the Regional Tournament Director are:
- To secure at least one regional moot court, trial, negotiation, mediation, arbitration or client counseling tournament;
- To organize and administer the Regional Tournament;
- To coordinate with the Judging Directors any judges needed for the tournament;
- To secure any bailiffs, witnesses or clients needed for the tournament.
- Shughart Thomson & Kilroy Fall Moot Court Director(s)
The duties of the Moot Court Director are:
- To organize the local rounds of the National Moot Court Competition;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs needed for the rounds;
- To work with the faculty advisor with regard to academic credit earned by participants in the competitions;
- To work with the Writing Director in selecting the competition problem, developing the score sheet, grading briefs and preparing the bench brief. If no Writing Director is appointed for a particular academic term, the Shughart Thomson & Kilroy Fall Moot Court Director(s) are responsible for completing all of the above.
- Trial Competition Director
The duties of the Trial Competition Director are:
- To organize the local rounds of the ATLA Mock Trial Competition;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs or witnesses needed for the rounds;
- To work with the Writing Director in selecting the competition problem and preparing the bench brief. If no Writing Director is appointed for a particular academic term, the Trial Competition Director is responsible for completing all of the above.
- Negotiation Tournament Director
The duties of the Negotiation Competition Director are:
- To organize the local rounds of the Negotiation Tournament;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs needed for the rounds.
- Mediation Tournament Director
The duties of the Mediation Tournament Director are:
- To organize the local rounds of the Mediation Tournament;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs or clients needed for the rounds.
- Client Counseling Tournament Director
The duties of the Client Counseling Tournament Director are:
- To organize the local rounds of the Client Counseling Tournament;
- To coordinate with the Judging Director(s) the judges needed for the rounds;
- To secure any bailiffs or clients needed for the rounds.
- Completion of the above designated duties will not qualify any member of the Board for academic credit.
- Additional Records to be kept by the Chairman and Directors:
- Additional Chairman's Records:
- The Chairman shall keep a record of all expenditures incurred by the Board.
- The Chairman shall keep on file:
- All information received regarding off–campus competitions and shall post or advertise the same where appropriate;
- All petitions for candidacy and membership for at least three years;
- All materials related to the Order of the Barristers.
- Additional Directors' Records:
- All Directors shall keep records of their tournaments including all expenditures and scores of ail participants. All briefs or other materials submitted by the participants shall be returned to them except the Director may retain copies of any materials where deemed appropriate. However, all materials relating to the First–Year Moot Court Competition shall be kept on file for three years or as otherwise directed by the Advocacy and Research Instructor.
- CANDIDATES
- Requirements for Candidacy:
- To be eligible to petition for candidacy, a first–year student must either:
- rank in the top ten oralists in the First–Year Moot Court Competition, or
- have accumulated any Participation Points or Competition Points; and
- be in good academic standing with the law school; and
- the student must submit an application for candidacy.
- Applicants shall be ranked on the basis of total points, and voting shall be done as set forth in the Charter.
- Limitation:
There shall not be more candidates than ten percent (10%) of the first–year class as measured by class number after the fall semester.
- MEMBERSHIP
- Requirements for Membership:
- To be eligible for membership, a second–year or third–year student must:
- meet the competition requirements set forth in the Charter,
- have accumulated a minimum of three (3) Participation Points, except that honorary members need only have accumulated a total of thirteen (13) points,
- have accumulated a minimum of ten (10) total points, which may include both Competition Points and Participation Points,
- be in good academic standing with the law school, and
- submit a petition for membership.
- To be eligible for honorary membership, a second or third–year student must:
- have accumulated a minimum of thirteen (13) total point, which may include both Competition and Participation Points,
- be in good academic standing with the law school,
- submit a petition for membership,
- and be approved by a 2/3 vote by the Board at any time.
- Petitioners shall be ranked an the basis of total points, and voting shall be done as set forth in the Charter.
- Petitioners who are third–year students maybe elected to honorary membership only.
- Limitation:
There shall not be more than a total of twenty (20) members including those serving on the Executive Committee, but excluding those third–year students elected to Honorary Membership and those continuing students who have successfully completed a year of membership.
- Requirement for Sustaining Membership:
- To remain a member of the Board, a third–year student must either:
- meet the competition requirement set forth in the Charter for eligibility for membership, or
- serve on the Executive Committee; and
- Accumulate a minimum of three (3) Participation Points; and
- Accumulate a minimum of ten (10) total points, which may include Competition Points and Participation Points.
- MEMBERS' MEETING
A meeting of all members and candidates shall be held within two (2) weeks of the beginning of the Fall and Winter Semesters for the purpose of planning any Board social functions and attending to other business of the Board.
- NEGATIVE POINTS
- Methodology
- For any BOA activity in which a student signs up to participate, the student shall receive negative points, in an amount double to the points that would have been gained for the activity, when the student fails to participate in the activity and the student does not inform by e-mail both the appropriate BOA tournament director and the BOA office more than 24 hours prior to the activity of their inability to participate in the activity.
- When the student has signed up to participate as a competitor in either the Moot Court or the Mock Trial competition, the above shall apply except that the student must inform the appropriate BOA tournament director by e-mail more than 96 hours prior to the activity to avoid negative points.
- Appeals
- While negative points are automatic, the student may request that the appeals committee strike the negative points. If the appeal is successful, then the student will not receive negative points for the incident.
- The appeals committee shall consist of the BOA Chair, the Judging Directors, the Finance Director and the Director(s) of any competition applicable to the incident. The appeals committee may, at their discretion, consider possibly striking the negative points due to reasons such as a death in the family, illness and reasonable justifications. The appeals committee will not strike the negative points simply because the student decided s/he was too busy to participate. Appeals committee decisions are final.
Point System of the Board of Advocates Back to top
| I. | This Point System shall be attached to the Bylaws and is subject to the same rules regarding amendments as apply to the Bylaws. |
| | | | | |
| II. | Competition Points |
| a. | Competitions Requiring Briefs (Moot Court) |
| | i. | Participation in local competition | 6 |
| | ii. | Advancement within local competition |
| | | 1. | Advance to Quarter Finals | 1 |
| | | 2. | Advance to Semi Finals | 2 |
| | | 3. | Finalist in local competition (top 6 in Moot Court) | 3 |
| | iii. | Participation in Regional Competition |
| | | 1. | Additional Writing Requirement | 6 |
| | | 2. | No Additional Writing Requirement | 3 |
| | iv. | Participation in National Competition | 3 |
| | | | | |
| b. | Competitions Not Requiring Briefs (Trial, Client Counseling, and Negotiation, Mediation Competitions) |
| | i. | Participation in Trial Competition | 5 |
| | ii. | Participation in Mediation, Client Counseling, Negotiation | 3 |
| | iii. | Advancement within Local Competition |
| | | 1. | Advance to Quarter finals | 1 |
| | | 2. | Advance to Semi Finals | 2 |
| | | 3. | Finalist in Local Competition | 3 |
| | iv. | Participation in Regional Competition | 3 |
| | v. | Participation in National Competition | 3 |
| | | | | |
| c. | First–Year Moot Court |
| | i. | Top 36 Oralist | 2 |
| | ii. | Top 10 Oralist | 4 |
| | | | | |
| III. | Participation Points |
| a. | Bailiff (Per Round of Competition) | .5 |
| b. | Witness (Per Round of Competition) | 2 |
| c. | Client for Client Counseling (Per Round) | 1 |
| d. | Judge for First-Year Moot Court Competition (Per Round) | 1 |
| e. | Participation–at–Large | * |
| | | | | |
| *Participation-at-Large Points will be awarded in the discretion of the Chairman and any Director on whose committee the petitioner or member has served, but not to exceed five points awarded to one individual by any one Director. They are awarded for time and effort spent doing administrative work, for participating on committees, and for any other contributions to the Board of Advocates which should entitle points.
|
|
|
An Equal Opportunity/ADA Institution |
|