Bylaws of BYU Trial Advocacy

ARTICLE I. PURPOSES OF THE BYU TRIAL ADVOCACY TEAM The purposes of the BYU Trial Advocacy Team are as follows: 1. To expose students to courtroom processes; 2. To provide each team member an experience in a realistic trial setting; 3. To provide members an opportunity to compete with fellow members as well as other schools. ARTICLE II. PURPOSE AND SCOPE OF BYLAWS Section 2.1 These Bylaws shall be the general guidelines for the operation of the Brigham Young University Trial Advocacy Team ("the Team"). They are subject to change by the Board of Advocates (the Board) as specified in Article 8 of these bylaws pertaining to amendments. Section 2.2 These Bylaws shall replace the bylaws promulgated and in force at the time of adoption. No bylaw preceding the adoption of these Bylaws shall be given effect after the adoption of these Bylaws. Section 2.3 Where the Bylaws are silent on a matter, the President shall have discretion to act, or to direct a Board member to act in such a way so as to further the objectives of the Trial Advocacy Purposes. Such action shall, upon motion of a Board member in a regularly scheduled or emergency meeting of the Board, be subject to review by the Board. In such review, the Board, by an affirmative vote of two-thirds of the Board, may amend the Bylaws to officially sanction or prohibit such future action. ARTICLE III. THE TEAM Section 3.1 Membership of the Team shall be divided between the second- and third-year classes, with no more than 25 students from each class and no less than 15 from each class. There shall be no more than 50 team members at any time. Section 3.2 In order to be eligible to receive an invitation to the Team, students must participate in the Woody Deem Competition. Section 3.3 Selection and invitation of new Team Members is made by the sitting Board on the basis of outstanding performance in the Woody Deem Competition. If invitations are declined, additional invitations may be extended to additional individuals by the same basis. The decision to extend additional invitations is at the discretion of the sitting Board or the succeeding Board.

Section 3.4 Each semester, Team Members shall receive one credit for completing the team requirements for that semester as follows: A. Fall semester: Team members must compete in the Linda Anderson Competition, attend all mandatory meetings and trainings, and attend a session of the Orrin Hatch Lecture Series (if applicable). B. Winter semester: Team members must serve as a mentor for the Woody Deem competition, according to the requirements established by the Board, serve as a bailiff and/or judge during the Woody Deem competition, and attend any other mandatory meetings or trainings. Section 3.5 Team members may also receive one credit during the winter semester as a member of a traveling team. Students not actually attending a National Competition such as alternates do NOT qualify for the additional traveling credit. Section 3.6 Credit shall be graded as pass, low pass, or fail. Pass shall be awarded to all members who fulfill all requirements. Low pass shall be awarded to all members who only partially fulfill requirements. Members who do not fulfill any requirements shall receive a fail. Section 3.7 Team Members may be expelled by two thirds vote of the members of the Board for noncompliance with Membership Requirements or violations of the Code of Conduct set forth in Article 10. Notice of expulsion shall be given to the member and an opportunity to appeal the decision of the Board shall be given before final disposition. Upon final disposition, notice of expulsion will be sent to the Team Faculty Advisor, the Associate Dean of Student Affairs, along with a recommendation that the member receive a failing grade for any credit for which such member was enrolled. Appeals resulting from a failing grade should follow the procedures set forth in the Student Handbook. ARTICLE IV. THE BOARD Section 4.1 The Board shall be the managing body of the team and shall have the power to act for the Team in all matters consistent with these bylaws. It shall be responsible for making the overall policy decisions of Trial Advocacy (i.e., planning special training, determining the number of invitations that will be extended in the Woody Deem competition, and so forth) and for selecting individuals to fill the positions of the new Board. The Board shall meet regularly to discuss the general affairs of Trial Advocacy. Section 4.2 The Board shall be comprised of ten members. Each member of the Board shall hold one of the following positions: President, Vice-President, Traveling Chair, Skills Training Chair, Skills Training ViceChair, Linda Anderson Competition Chair, Linda Anderson Competition Vice-Chair, Woody Deem Competition Chair, Woody Deem Competition Vice-Chair, and Publicity Chair. Each chair may create a committee composed of second and third-year Team members to fulfill its duties. Additional Board positions may be added if the discretion of the President deems the position(s) necessary. Section 4.3

Every board member shall have substantial discretion over their area of special responsibility, with the following specific responsibilities and functions: A. President The President shall act as the chief executive officer of the board and shall be ultimately responsible for the effective functioning of the Trial Advocacy program. The President shall be responsible for the successful coordination of the Linda Anderson competition, and all other Trial Advocacy activities. The President shall be responsible for maintaining membership statistics and records and determining whether members receive pass, low pass or fail grades. The President shall conduct Board meetings and Team meetings. The President shall also act as a liaison between Trial Advocacy and the faculty and administration, and between Trial Advocacy and the outside legal community. The President shall be a third-year student during the time of his/her service. B. Vice-President The Vice-President shall serve as assistant to the President in all of the operations of the Board, including but not limited to developing the Board budget, maintaining and tracking committee assignments, overseeing office administrative operations, recording minutes of Board meetings and performing all other secretarial functions, and performing other duties as required from time to time by the President. The Vice-President shall be responsible for the successful coordination of the Woody Deem Competition. The Vice-President shall be a second-year student during the time of his/her service. C. Traveling Chair The Traveling Chair shall coordinate the selection and organization of each traveling team. The Traveling Director may ask at least three other members of the Trial Advocacy Team, who are not applying to travel, to sit on a committee. This committee shall decide which competitions to participate in that year, consider the applicants, and issue invitations to students to travel for national competitions. The invitations shall be reviewed and approved by the faculty advisors. D. Linda Anderson Competition Chair and Vice-Chair The Linda Anderson Competition Chair shall oversee all aspects of the Linda Anderson Competition, including but not limited to problem selection, parings and schedules, judge recruitment, and competition scoring and advancement. The Linda Anderson Vice-Chair shall assist the chair in overseeing the Linda Anderson Competition. The Linda Anderson Chair and Vice-Chair are prohibited from competing in the Linda Anderson Competition. E. Woody Deem Competition Chair and Vice-Chair The Woody Deem Competition Chair shall oversee all aspects of the Woody Deem Competition, including but not limited to problem selection, recruiting competitors, parings and schedules, recruiting judges, organizing training, creating mentor guidelines, and competition scoring and advancement. The Woody Deem Competition Vice-Chair shall assist the chair in overseeing the Woody Deem Competition. F. Skills Training Chair and Vice Chair

The Skills Training Chair shall oversee the training of team members in preparation for the Woody Deem and Linda Anderson Competitions, and general building of Trial Advocacy skills. The Skills Training Vice-Chair shall assist the chair. G. Publicity Chair The Publicity Chair shall oversee all Trial Advocacy Public Relations, including but not limited to Lawmailer privileges, announcements regarding competitions, and all other publicity relating to the Trial Advocacy teams and announcements. Section 4.4 In the event that a member of the sitting Board is either unable or unwilling to perform their responsibilities, the Board may terminate such members board membership upon the affirmative vote of two-thirds of the members of the Board. Section 4.5 The sitting Board may act to fill a vacancy on the Board upon the affirmative vote of the majority of the members of the Board. ARTICLE V. SELECTION OF BOARD MEMBERS Section 5.1 Selection of all board members, including President, is to be made during Winter semester after the completion of the Woody Deem competition and before the end of the semester. The new board assumes their new duties beginning on the day after the last day of Winter semester finals. Section 5.2 Any team member interested in serving as President shall submit an application stating their interest, goals, and qualifications to the current President. The current President shall compile the applications and present them to the team. Each team member has one vote; this includes first-year students who were recently invited and accepted into the team and third-year students who are graduating. The person with the most votes becomes the next President. Section 5.3 Once the new President has been selected, team members interested in serving on the Board shall submit an application stating their interest, goals, and qualifications to the current President. Together the current and new President shall interview each applicant and decide who will fill each position. The current and new President must be in agreement as to who will fill each position. If there is a disagreement that cannot be solved, the President may choose to put it to a vote before the current Board. Section 5.4 The Linda Anderson Chair and Vice-Chair shall be selected by the following procedures: 1. All initial efforts shall be made by the President to pick two Chairs who prefer not to participate on a traveling team or to compete in the Linda G. Anderson competition. If those positions are not filled during the initial Board application process, then the Chair shall advertise the positions a second time once the other positions have been filled. 2. If no law student(s) can be found that are willing to fill the Chair positions under the above specifications, then the Board shall have the discretion to appoint a Chair and/or Vice Chair,

guaranteeing them a spot on a traveling team; this appointment must be a Team member who has placed exceptionally well in both the Woody Deem and Linda Anderson competitions in the past. These appointments must be of a rising 3L who participated in Trial Advocacy as a 2L, and must be made before the end of Winter semester. ARTICLE VI. BOARD MEETINGS Section 6.1 The President shall schedule and conduct at least two (2) meetings of the Board during the fall semester, and at least two (2) meetings of the same during the winter semester. Section 6.2 Five members of the Board must be present at a meeting to constitute a quorum in order to conduct the official business of the Board Section 6.3 The President shall conduct meetings of the Board in the following manner: A. There shall be an opening statement from the President including but not limited to a reading of the agenda and any other preliminary announcements. B. There shall be a reading of the minutes of the last meeting and of all relevant portions of the Board meetings held prior to that meeting. C. Every Board member present shall give a report regarding his or her duties and the status of his or her respective areas of responsibility. Each report shall be followed by an opportunity for members to ask questions. Board members not present shall ensure that another Board member is prepared to give the absent Board member's report. D. Business shall be conducted by motion, discussion and majority vote of a quorum of the Board, or by a higher margin if required by these bylaws. E. There shall be a closing statement by the President including but not limited to announcement of the next meeting of the Board. Section 6.4 Each board member shall have one vote. Section 6.5 The Board shall make reasonable efforts to notify all Board members of all regularly scheduled meetings at least seven (7) days prior to the meeting. This may include but is not limited to announcement at prior meetings or email message. Section 6.6 Attendance at all regularly scheduled Board meetings held in accordance with these bylaws is mandatory for all Board members. Excused absences for good cause may be obtained from the President. Section 6.7 General Team members may attend Board meetings and be recognized to speak at such meetings, but the President or Vice President shall have discretion to exclude Team members before the Board votes on any matter. Only members of the Board, as specified in these bylaws, shall vote in any Board proceeding.

ARTICLE VII INTRA-SCHOOL COMPETITIONS Section 7.1 There shall be at least two intra-school competitions: Woody Deem and Linda G. Anderson. Section 7.2 The Woody Deem competition shall be held during the winter semester of each year and the primary purpose is to extend invitations to potential team members. The competition shall be open to all students who are not yet members of the Trial Advocacy team. Third Year students may compete if they have never competed in a Trial Advocacy Competition and are limited to competition through Quarter-Finals due to the primary purpose of the competition. A. Competitors are required to attend a training session prior to the competition. B. The competition shall consist of at least four rounds: preliminary rounds, Quarter-finals, Semi-finals and Finals. C. Opportunities to advance shall be awarded based on an individual, not team, score. Competitors with the top scores shall advance, regardless of the competitors year. D. Members of the Trial Advocacy team shall be required to participate as judges for at least 2 time slots. Judges for the later rounds shall be selected from the local community of attorneys and judges, as well as faculty. E. Members of the Trial Advocacy team shall be required to mentor Woody Deem competitors, according to the rules set forth by the Woody Deem Chair and Vice Chair. F. The official rules of the Woody Deem Competition shall be prepared by the Woody Deem Chair and Vice-chair. The rules must be ratified each year by a majority vote of the Board. G. The problem for the competition must be appropriate for the time constraints and shall be selected by the Chair and Vice-Chair. Section 7.3 The Linda Anderson competition shall be held during the fall semester of each year. The competition shall be open only to current members of the Team, with the exception of transfer students who may compete if they have not had the opportunity to participate in the Woody Deem Competition. A. The competition shall consist of at least 4 rounds: Preliminaries, Quarter-finals, Semi-finals, and Finals. B. Opportunities to advance shall be awarded based on a team, not individual, score. The Board may choose to extend the Preliminary round to two rounds to give members an additional opportunity to compete. C. Witnesses for the Linda Anderson competition shall be first-year students when possible, in order to give the first-year students exposure to the program. If first-years are not available, then other volunteers will suffice, including non-law students. D. Judges for the Linda Anderson Competition shall be selected from the local community of attorneys and judges, as well as faculty members. No current member of the Trial Advocacy team may serve as a judge for the competition. E. The official rules of the Linda Anderson Competition shall be prepared by the Linda Anderson Chair and Vice-chair. The rules must be ratified each year by a majority vote of the Board. F. The problem for the competition must be appropriate for the time constraints and shall be selected by the Chair and Vice-Chair

Section 7.4 The Competition Chairs shall have discretion to interpret the rules in a manner that promotes fairness and equity with respect to the individual competitors. The Board shall have the discretion to review any Competition Chair decision. Section 7.5 Appeals for a decision made by the applicable Competition Chair may be made to the Board. Notice of this right shall be given to all participants. Such appeals must be in writing and submitted to the President no later than forty-eight (48) hours after the decision of the Chair. The decision of the Board shall be rendered within one calendar week of the appeal and shall be final. If the appeals are made during a competition, then the decisions must be rendered within an appropriate time frame.

SECTION VIII. SELECTION OF TRAVELING TEAM MEMBERS Section 8.1 As of November 2011, Trial Advocacy may send up to 14 team members to national competitions, such as the American Association of Justice Student Trial Competition, the Costello Criminal Competition, and the Texas Young Lawyers Association National Trial Competition, which are scheduled to take place during the winter semester of each year. As funding and interest become available, the Trial Ad Team may send teams to additional national trial competitions scheduled during the fall and/or winter semesters. Section 8.2 Team members will be invited to join a Traveling Team based on the following criteria: 1. Ranking in Linda Anderson and Woody Deem Competitions, 2. Previous national trial advocacy competition experience, 3. Scheduling of the competitions and the Applicants relative availability, 4. Building the program ensuring both 3Ls and 2Ls are represented on the teams, and 5. Whether an Applicants adherence to the Honor Code and ethical standards will well represent BYU.
Section 8.3

The determination of invitation for Traveling Team shall be, primarily, the responsibility of the Traveling Team Chair, as well as the committee which the Chair may impanel. The Board shall have discretion to review any final decision of the Traveling Chair, with the power to vote consistent with Article 2.3 of these bylaws.
Section 8.4

The Traveling Team Chair shall select the committee pursuant to the following criteria: A. The committee shall consist of no less than three (3) persons, and no more seven (7); B. The selected committee members shall be current Team members; C. The selected committee members shall not have submitted applications to travel; D. The committee shall consist of both 3Ls and 2Ls when possible; and E. If the Linda Anderson Chair and Vice-Chair have not been guaranteed a Traveling Team position, then the Chair and Vice-Chair shall be part of the committee.

Section 8.5

In the event that the Traveling Team Chair submits an application to travel, they shall impanel the committee and appoint one person from it to serve as the foreperson for the purpose of conducting the meeting and overseeing the selection process. The Traveling Team Chair shall then have no part in the committees selection process. The committee shall report their decisions to the Traveling Team Chair.
Section 8.6

The opportunity to travel is contingent on funding, competition availability, student interest, and many other unforeseeable situations that may limit traveling opportunities in any given year. Because of this, there is no guarantee for traveling each year, even if you traveled in a prior year or performed well in the most recent interschool competition.
Section 8.7

The information regarding which team members have been impanelled for the committee shall be public information, but details of the discussions held by that panel shall be confidential.
Section 8.8

Students who travel shall register for an additional credit. Alternates who do not travel do not receive an additional credit for participation.

ARTICLE IX. AMENDMENT TO THE BYLAWS Section 9.1 These bylaws may be amended. Section 9.2 Written notification of a proposed amendment shall be made to the President and the Board. Notification shall include the language of the amendment and the supporting signatures of at least three members of the Board. Proposed amendments may be submitted by faculty, a Board member, or a current team member. Section 9.3 The Board shall entertain a motion for amendment no sooner than one week after notification. Adoption shall be by the affirmative vote of two-thirds of the members of the Board. ARTICLE X. CODE OF CONDUCT Section 10.1 It will be considered ethical misconduct for a member of the Team, including the Board, to: A. commit an act that reflects badly on the member's honesty, trustworthiness, or fitness as a member of the Team and/or the Board; B. engage in conduct involving dishonesty, fraud, deceit, or misrepresentation; C. engage in conduct that seriously interferes with the Boards ability to responsibly administer Board activities, including, but not limited to, Trial Advocacy competitions; D. state or imply an ability to improperly influence Board members involved in administering or judging Trial Advocacy competitions; or

E. knowingly assist any Board member in conduct that is a violation of this rule. Violation of this rule may result in expulsion from the Team under Section 3.7 of these bylaws. Section 10.2 It shall be considered misconduct for any participant in a Trial Advocacy competition to: A. commit any act in violation of the Brigham Young University Honor Code; B. engage in conduct that seriously interferes with the Boards ability to responsibly administer Board activities related to Trial Advocacy competitions; C. state or imply an ability to improperly influence Board members involved in administering or judging Trial Advocacy competitions; D. verbally abuse, or otherwise seriously mistreat, insult or demean, the chair of the participant's competition; or E. knowingly assist any other participant in conduct that is a violation of this rule. Notice of this rule shall be given to all Trial Advocacy competition participants. Violation of this rule may result in disqualification, at the discretion of the Competition Chair and subject to review by the Board as provided in these bylaws, from the competition in which the participant is competing. Notice of the disqualification will be sent to the Associate Dean for Administrative Affairs and the Assistant Dean of Student Affairs. Furthermore, violation of this rule may result in expulsion from the Team under Section 3.7 of these bylaws.