Delegate Training and Robert’s Rules of Order Review Connie M. Deford Professional Registered Parliamentarian conmd@concentric.net

Law Student Division of the American Bar Association The Assembly is the highest policy-making body of the Law Student Division. The annual meeting, called by the Division Board of Governors, ordinarily coincides with the American Bar Association’s Annual Meeting. Bylaws Article 5, Assembly; Article 10, Meetings

Voting Membership The voting membership of the Assembly is composed of two delegates from each accredited or recognized school: a) The Student Bar Association president b) The American Bar Association representative OR their proxy from the same school. Bylaws Article 5, Assembly; Assembly Standing Rule 102, Credentials

Delegates have the right to Attend the Annual Meeting Make motions Speak in debate Vote

Proxy The holder of the proxy must attend the same school and must be a member of the Division in good standing. The proxy may be limited. The holder of a proxy shall, upon request, surrender it to any prior holder. Assembly Standing Rule 102, Credentials

Non-Voting Membership UNLESS they are the Student Bar Association president, the American Bar Association representative OR their proxy from the same school, the non-voting membership of the Assembly is composed of: The members of the Division Board of Governors, and The Division Liaisons to ABA entities. Bylaws Article 5, Assembly

Organizing the Annual Meeting 1. CREDENTIALS REPORT: Establishes membership for the annual meeting Number of schools Number of certified delegates Majority vote adopts Assembly Standing Rule 102, Credentials

Organizing the Annual Meeting 2. ASSEMBLY STANDING RULES: Included in the Assembly book Rules supersede parliamentary authority, current edition of Robert’s Rules of Order Newly Revised Two thirds vote adopts Bylaws Article 5, Assembly

Organizing the Annual Meeting 3. PROGRAM/AGENDA Establishes the order of business for the business meeting Prescribed by the Resolutions Committee Majority vote adopts Bylaws Article 5, Assembly; Assembly Standing Rule 106, Order of Business

Quorum A quorum is “the minimum number of members who must be present at the meeting of a deliberative assembly for business to be validly transacted…” RONR, (11th ed.) p. 21, l. 3-5 The quorum for the Law Student Division is one third of the certified delegates, including proxies. Assembly Standing Rule 105.1

Steps in Handling a Motion 1. A Delegate or other authorized person makes a motion. 2. Another Delegate seconds the motion. 3. The Chair states the question. 4. Attendees debate (if the motion is debatable). 5. The Chair takes the vote. 6. The Chair announces the result of the vote.

Rules of Debate for Delegates Speeches are limited as follows: Mover of resolution – 5 minutes as first speaker and 1 minute as last speaker If recommendation is made, reporting member of Board of Governors or Resolutions Committee – 4 minutes Reporting member of any committee making a recommendation – 4 minutes All others – 2 minutes

Debating a Motion Resolutions: 20 minutes Any other main motion: Expiration of total time shall not interrupt a speaker or preclude the maker of the motion from speaking last for one minute.

Methods of Voting Unanimous Consent Used when there seems to be no opposition Viva Voce/Voice Vote Used when a majority vote is required Rising Vote (or vote by voting card) Used when a two-thirds vote is required Counted Vote (or electronic voting) Used when a determination of the exact number voting on each side is required

Secondary Motions Subsidiary Motions Assist the Assembly in treating or disposing of a main motion (or resolution) Privileged Motions Do not relate to the pending business, but have to do with matters of immediate and overriding importance Incidental Motions - Deal with questions of procedure arising out of a pending motion or another motion or item of business

Subsidiary Motions Postpone Indefinitely Amend Commit or Refer Postpone to a Certain Time Limit or Extend Limits of Debate Previous Question Lay on the Table

Postpone Indefinitely This motion is used to decline to take a position on the main motion or resolution. It avoids a direct vote on the question. Debate may go fully into the merits of the pending question. A majority vote adopts. Its adoption kills the main motion for the duration of the session.

Amend This motion modifies the wording or meaning of a pending motion or resolution. A motion may be amended by: - inserting or adding, - striking out, - striking out and inserting. The amendment cannot be made until the mover, an opponent, a proponent, and another opponent have spoken to the resolution. A majority vote adopts.

Commit or Refer This motion is used to send a pending question to a relatively small group of selected persons C a committee C - to investigate and/or - to put into better condition for the Assembly to consider. A majority vote adopts.

Postpone to a Certain Time This motion is used to delay consideration of a pending question - until a definite hour, or - until after a certain event. A majority vote adopts and makes the question a general order for that particular time, without the ability to interrupt business. A two-thirds vote adopts and makes the question a special order, which then interrupts any business at that particular time.

Handling Postpone Indefinitely, Amend, Commit, and Postpone Definitely Maker of the secondary motion speaks first in each of the following scenarios: If the mover of the main motion agrees and there is no objection from the Assembly, the secondary motion is approved.

Handling Postpone Indefinitely, Amend, Commit, and Postpone Definitely If the mover of the main motion agrees, but there is an objection from a member of the Assembly, the Chair recognizes - - the objector, - then the mover of the main motion, - then another opponent of the secondary amendment. The secondary motion is then put to vote.

Handling Postpone Indefinitely, Amend, Commit, and Postpone Definitely If the mover of the main motion opposes the secondary motion, the chair recognizes - - the mover of the main motion, - a proponent of the secondary motion, - another opponent of the secondary motion. The secondary motion is then put to vote.

Limit Debate This motion allows the Assembly to control debate by: Reducing the number or length of speeches, or Requiring that, at a certain time or after debate for a specified length of time, the question shall be put to a vote. This motion is not debatable. The adoption of this motion does not preclude the maker of the motion from speaking last for one minute. A two-thirds vote adopts.

Extend Limits of Debate This motion allows the Assembly to control debate by: Increasing the number or length of speeches permitted, or Increasing the time allowed for consideration. This motion is not debatable. The adoption of this motion does not preclude the maker of the motion from speaking last for one minute. A two-thirds vote adopts.

Previous Question This motion is used to bring the Assembly to an immediate vote on one or more pending questions. It both stops debate and stops any subsequent amendments. This motion is not debatable. The adoption of this motion does not preclude the maker of the motion from speaking last for one minute. A two-thirds vote adopts.

Lay on the Table This motion enables the Assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. This motion is not to be used to kill or avoid dealing with a question. This motion is not debatable. A majority vote adopts.

Privileged Motions Call for the Orders of the Day Raise a Question of Privilege Recess Adjourn Fix the Time to Which to Adjourn

Call for the Orders of the Day This motion is used to require the Assembly to follow the adopted agenda. - No second is required. - The motion is neither amendable nor debatable. - The Chair takes any necessary action. Remember, the Chair may place an informational report or program anywhere in the order of business. In that case, the report or program outranks and suspends all other business.

Question of Privilege This motion relates to the rights and privileges of the Assembly or its members. A Question of Privilege usually relates to the comfort of the Assembly or its ability to make an informed decision. It is neither amendable nor debatable. The Chair rules on the admissibility of the request.

Recess This motion is used to take a short break or intermission during the meeting. It is amendable but not debatable. A majority vote adopts. A motion to recess until the prescheduled time of adjournment or most of the time until then requires a two-thirds vote to adopt.

Adjourn This motion is used to close the meeting It is neither amendable nor debatable. If all business has been completed, a majority vote adopts. A motion to adjourn before the prescheduled time of adjournment requires a two-thirds vote to adopt.

Fix the Time to Which to Adjourn This motion is used to set a time for another meeting to continue business of the session. It has no effect on when the present meeting will adjourn. The motion is amendable but not debatable. Because of time constraints and limited room accommodations, this motion usually will not be in order.

Incidental Motions Division of the Assembly Parliamentary Inquiry Request for Information Other incidental motions relating to the pending or future business of the Assembly

Division of the Assembly This motion is used to require that a vote be retaken by rising. A member of the Assembly may make this motion when - the result appears to be close, or - there is doubt that a representative number of the members have voted. According to Assembly Standing Rules, this requires that the Chair count or cause to be counted how many are voting for and against a question.

Parliamentary Inquiry This motion is a question directed to the presiding officer to obtain information on a matter of parliamentary procedure or the rules. It is the Chair’s duty to answer such questions when it may assist a member - make an appropriate motion, - raise a proper point of order, - understand the parliamentary situation, or - understand the effect of a motion.

Request for Information This motion is a question directed to the presiding officer, or through the chair to another officer or member, for information relevant to the business at hand, but not related to parliamentary procedure. The Chair either answers the question or directs another officer or member to answer the question. The inquiry, the reply, and any ensuing exchange are directed through the Chair. Members are not allowed to carry on discussion directly with one another.

Thank you for your attention. Any questions??? Thank you for your attention. Enjoy your meeting!