Creighton University School of Law
Student Bar Association
CONSTITUTION
As Amended, April 2, 2024
PREAMBLE
We, the students of Creighton University School of Law to provide for self-government, to promote cooperation with the Law School Faculty, to encourage scholarship, to promote extra-curricular activities, to create spirit and loyalty for our school and profession, and to participate with the organized Bar and the American Bar Association, establish this Constitution.
ARTICLE I: NAME
The name of this organization shall be “the Creighton University Student Bar Association,” hereinafter referred to as the “SBA.”
ARTICLE II: AUTHORITIES
SECTION 1. GOVERNING DOCUMENTS. The SBA is organized through its Constitution, Bylaws, and Policies & Procedures. The Constitution serves as the foundational document for the SBA's workings, which the Bylaws and Policies & Procedures supplement.
SECTION 2. PARLIAMENTARY AUTHORITY. For procedures not covered in the Constitution, Bylaws, or Policies & Procedures of the SBA, the Governing Council shall adopt the use of the rules contained in the current edition of Robert’s Rules of Order Newly Revised.
SECTION 3. RELATIONSHIP TO CREIGHTON STUDENT UNION. The relationship between the SBA and Creighton Student Union, hereinafter referred to as “CSU,” is outlined in the CSU Governing Documents.
ARTICLE III: STRUCTURE
A. General Members:
All students enrolled in Creighton University School of Law, hereinafter referred to as “CUSOL,” are automatically General Members of the SBA.
All General Members are voting members of the SBA.
B. Executive Board:
The Executive Board shall serve as the primary operational body of the Governing Council.
The Executive Board shall be comprised of (5) members who shall be elected by the General Members.
The Executive Board members include:
i. President;
ii. Vice President of Internal Affairs;
iii. Vice President of Student Organizations;
iv. Vice President of Finance; and
v. Vice President of Communications.
C. Governing Council:
The Governing Council shall be comprised of all five (5) Executive Board members, eight (8) Elected Representatives, and at least two (2) Appointed Delegates.
Elected Representatives include:
i. 1L Class Representatives – Two (2)
ii. 2L Class Representatives – Two (2)
iii. 3L Class Representatives – Two (2)
iv. AJD Class Representative – One (1)
v. Part-time Class Representative – One (1)
3. Appointed Delegates include:
i. CSU Delegate(s) – At least one (1) CSU Delegate, with the exact number to be determined by CSU
ii. ABA Delegate – One (1)
ARTICLE IV: THE EXECUTIVE BOARD
SECTION 1. PURPOSE. The Executive Board exists to represent, express, and execute the wishes and opinions of the SBA.
SECTION 2. POWERS OF THE EXECUTIVE BOARD. The Executive Board Shall:
A. Formulate Policies & Procedures and promulgate necessary Bylaws in support of and in accordance with this Constitution;
B. Allocate, budget, and administer the funds of the SBA in accordance with the Bylaws and Policies & Procedures;
C. Oversee the daily activities and operations of the SBA;
D. Conduct all other SBA affairs; and
E. Appoint the CSU Delegate(s) and ABA Delegate by a majority vote after application and interview.
SECTION 3. EXECUTIVE BOARD MEMBER DUTIES AND POWERS.
A. The Executive Board shall meet weekly and at the call of the President.
B. All members of the Executive Board shall serve as voting members of the Executive Board, pursuant to Robert’s Rules of Order. Three (3) of the five (5) Executive Board members shall constitute a quorum.
C. All members of the Executive Board shall serve as voting members of the Governing Council, pursuant to Robert’s Rules of Order.
D. The Vice Presidents shall perform other such duties as the President may direct and shall fulfill all other duties and reasonable expectations of office.
E. The President Shall:
Serve as the chair of the Executive Board;
Serve as the official liaison of the SBA and of the law school student body in its collective relations;
Call, preside over, and make necessary preparations for all Executive Board and Governing Council meetings;
Appoint an election committee composed of SBA Governing Council Members to supervise and coordinate the election process and all activities held in relation to such election;
Manage the Vice Presidents and day-to-day operations of the SBA;
Reserve the power to designate ad hoc committees and appoint SBA members to the designated committees;
Reserve the power to determine whether the Chief of Staff office will be filled during that President’s term of office;
Serve as a signatory on all SBA Accounts along with the Vice President of Finance and the current SBA Moderator; and
Assume all other powers and duties necessary to execute this Constitution.
F. The Vice President of Internal Affairs Shall:
Serve as the liaison between the Executive Board and the SBA’s internal ad hoc committees and Officers and serve as a de facto member of such committees;
Oversee compliance with Robert’s Rules of Order; and
Interpret this Constitution subject to a final appeal to the faculty advisor for the SBA. All members of the Executive Board have the right to appeal the Vice President of Internal Affairs’ interpretation of the Constitution within a reasonable time.
G. The Vice President of Student Organizations Shall:
Oversee the law school’s recognized student organizations, hereinafter referred to as a “RSO,” and defined by CSU’s governing documents, by coordinating all activities which are necessary to provide the RSO leadership teams with guidance, training, and support;
Serve as the liaison between the Executive Board and all RSO’s; and
Call and make necessary preparations for all meetings of the Student Organizations Cabinet.
H. The Vice President of Finance Shall:
Serve as the Chair of the Budget Committee;
Prepare, with the assistance of the Budget Committee members, the proposed SBA budget for the academic year;
Present the proposed SBA budget for the academic year to the Executive Board for approval;
Present the SBA budget approved by the Executive Board for the academic year to the Governing Body for final approval;
Ensure the SBA’s strict adherence to CSU’s Policies & Procedures for the use of CSU funding;
Ensure an RSO’s strict adherence to CSU’s Policies & Procedures prior to the allocation of CSU funding to such RSO;
Notify student organization executives and the student who submitted the fund request form immediately after their request is approved by SBA;
Provide an updated balance of all SBA Accounts available at each Governing Council meeting;
Provide the status of each line item of the SBA budget at each Governing Council meeting;
Maintain detailed financial accounts and records of the SBA;
Promptly pay the obligations of the SBA for which funds have been designated;
Comply with all requirements set forth by CSU’s governing documents;
Serve as a signatory on all SBA Accounts along with the President and the current SBA Moderator;
Ensure the SBA Moderator has any and all banking documents that are in excess; and
Prepare and submit to the President, at the end of each semester and upon request, a financial report for all SBA Accounts.
I. The Vice President of Communications Shall:
Supervise and manage all SBA correspondence;
Oversee scheduling of all SBA meetings, appointments, and events and gain the required approval for such gatherings when necessary;
Record, compile, and publish all Executive Board and the Governing Council Meeting Minutes;
Record, compile, and publish all mailings and correspondence received in SBA’s mailbox;
Make available, upon request by any General Member of the SBA, all Governing Council Meeting Minutes; and
Receive records associated with the SBA’s ad hoc internal committees and publish any and all records for review by the Governing Council.
SECTION 4. EXECUTIVE BOARD MEMBER TERMS OF OFFICE. All Executive Board members shall assume office after the end of the academic year in which their positions are finalized through election, and they shall serve until their successors assume office at the end of the following academic year. All Executive Board members shall hold a transition meeting with their respective Executive Board-elect members.
ARTICLE V: GOVERNING COUNCIL
SECTION 1. MEETINGS.
A. The Governing Council shall meet weekly. Meetings may only be canceled or rescheduled at the discretion of the President, with reasonable notice to the Governing Council and the General Members.
B. Governing Council meetings are open to all General Members. However, portions of meetings may be closed at the discretion of the President.
C. Attendance at all Governing Council meetings is required for all members of the Governing Council, unless excused in advance by the SBA President. The President has the sole discretion to determine whether an absence is “excused” or “unexcused.”
D. A simple majority of the voting members of the Governing Council shall constitute a quorum.
SECTION 2. GOVERNING COUNCIL DUTIES AND POWERS. All Governing Council members shall:
A. Serve as voting members of the Governing Council;
B. Execute policy and legislation; and
C. Attend SBA sponsored events and functions.
ARTICLE VI: ELECTED REPRESENTATIVES
SECTION 1. PURPOSE. The Elected Representatives exist to represent the diverse interests of the entire SBA across the different classes.
SECTION 2. ELECTED REPRESENTATIVE DUTIES AND POWERS. All Elected Representatives shall:
A. Consist of two (2) voting members from each class, including one (1) AJD student and one (1) part-time student if applicable;
B. Elected representatives from the 1L class shall be one (1) member from each section;
C. Serve as voting members of the Governing Council, pursuant to Robert’s Rules of Order;
D. Participate in planning and organizing of SBA events;
E. Promote and encourage SBA participation within their respective class; and
F. Coordinate the SBA activities with their respective classes including planning any end-of-semester, SBA-sponsored class parties.
SECTION 3. ELECTED REPRESENTATIVE TERMS OF OFFICE. All Elected Representatives, excluding the 1L Representatives, shall assume office after the end of the academic year in which their positions are finalized through an election and shall serve until their successors assume office at the end of the following academic year. All 1L Representatives shall assume office at the first meeting held upon the finalizing of their positions through the election and shall serve until the end of the academic year in which their positions are finalized through the election.
ARTICLE VII: APPOINTED DELEGATES
SECTION 1. PURPOSE. The Appointed Delegates of the SBA exist to represent the SBA’s interests at their respective body meetings.
SECTION 2. STRUCTURE. Appointed Delegates shall include at least one (1) CSU Delegate, with the exact number to be determined by CSU, and one (1) ABA Delegate.
SECTION 3. APPOINTED DELEGATES DUTIES AND POWERS.
A. All Appointed Delegates Shall:
Serve as voting members of the Governing Council, pursuant to Robert’s Rules of Order;
Participate in planning and organizing of SBA events;
Promote and encourage SBA participation to in the events of their respective body; and
Make any necessary SBA announcements to their respective body.
B. The CSU Delegate(s) Shall:
Represent SBA at CSU meetings; and
Report relevant items addressed at CSU meetings to the Governing Council.
C. The ABA Delegate Shall:
Represent CU SOL at all ABA Delegate meetings;
Attend the National ABA Delegate Orientation and complete all necessary training; and
Report relevant items addressed at ABA Delegate meetings to the Governing Council.
SECTION 4. APPOINTED DELEGATES TERMS OF OFFICE. Appointed Delegates shall assume office at the first meeting held upon the finalizing of their positions through appointment and shall be reconsidered with each new election of Executive members.
ARTICLE VII. APPOINTED STAFF AND OFFICERS.
SECTION 1. CHIEF OF STAFF. The President has the sole discretion as to whether the Chief of Staff position be filled during that President’s term of office. When the President determines that the Chief of Staff position is to be filled, the position is filled after application and interview by the recommendation of the President and approval of the Executive Board by a majority vote, without the President voting.
A. DUTIES AND POWERS.
The Chief of Staff shall serve as the assistant to the President. The President reserves the power to outline the specific duties of their Chief of Staff, so long as such duties are not reserved by any other member of the Governing Council in the Constitution or Bylaws.
The Chief of Staff shall not serve as a voting member of either the Executive Board or the Governing Council.
B. CHIEF OF STAFF ELIGIBILITY. In order to be eligible to submit an application for the Chief of Staff position, the applicant must not hold a Governing Council position within the SBA for the term in which the applicant is applying.
C. TERMS OF OFFICE. The Chief of Staff shall assume office at the first meeting held upon the finalizing of their position through appointment and shall serve until the President’s successor assumes office the following academic year.
D. REMOVAL OF OFFICE. The Chief of Staff may be recalled by a majority vote of the Executive Board, without the President voting.
SECTION 2. INTERNAL OFFICERS. The SBA’s Internal Officers shall be appointed, after application and interview, by a majority vote of the Executive Board. There shall be six (6) Officers, including the Events Officer; Barrister’s Ball Officer; Fundraising Officer; Merchandise Officer; Equity, Diversity, and Inclusion Officer; and Cura Personalis Officer.
A. DUTIES AND POWERS. An Internal Officer may promulgate an external committee in furtherance of its goals, with the approval of the Executive Board.
B. ELECTED REPRESENTATIVE ELIGIBILITY.
In order to be eligible to submit an application for an Internal Officer position, the applicant must hold a non-Executive Board position within the SBA Governing Council for the term in which the applicant is applying.
Each applicant may only hold one (1) Internal Officer position at any given time.
C. TERMS OF OFFICE. The Internal Officers shall assume office at the first meeting held upon the finalizing of their positions through appointment and shall serve until the end of the academic year.
D. REMOVAL OF OFFICE. The Internal Officers may be recalled by a majority vote of the Executive Board.
ARTICLE VIII: ELECTIONS
SECTION 1. EXECUTIVE BOARD MEMBER ELIGIBILITY. In order to become a formalized candidate on the SBA Executive Board Election ballot, the candidate must:
A. Be a student enrolled at CU SOL;
B. Be in good standing and meet the grade point average requirements;
C. Be in good judicial standing with Creighton University; and
D. Have attended at least one (1) SBA Governing Council meeting during the academic year in which the election is being held.
SECTION 2. ELECTED REPRESENTATIVE ELIGIBILITY. To become a formalized candidate on the SBA Governing Council Election ballot, the candidate must:
A. Be a student enrolled at CU SOL;
B. Be in good standing and meet the grade point average requirements;
C. Be in good judicial standing with Creighton University; and
D. Belong to the class for which the position represents. The following classes shall be defined pursuant to the CU SOL Curriculum Requirements: 1L, 2L, 3L, AJD, and part-time. For purposes of this Constitution, each student enrolled as CU SOL may only belong to one (1) class, with the AJD and part-time classes taking priority over the 1L, 2L, and 3L classes. For example, a student who is enrolled part-time at CU SOL who is in their third year of law school shall be considered a member of the part-time class as opposed to the 3L class.
SECTION 3. ELECTION PROCESS.
A. The President shall appoint an election committee at the start of the spring semester to coordinate the election process.
The election committee shall consist of members from the Governing Council who are not running for re-election. This can include the appointed CSU and ABA representatives. If this is not possible, the President shall appoint the SBA Moderator or a neutral member of the Governing Body to create an election committee.
The election committee shall ensure the general body is informed of the election process, enforce the rules of the election listed below, and maintain the integrity of the votes;
The election process shall take place the first week of April or be concluded two (2) weeks prior to scheduled Spring finals – whichever happens first;
Formal campaigning, such as posters and student wide announcements shall not be made until the election process has formally begun;
Ensure that candidates who apply and run for Executive Board positions have attended at least one (1) Governing Council meeting within that academic year;
The Election Committee may establish further rules of the SBA election with the SBA moderator's approval.
B. The election process shall be conducted in a ranked choice voting system, and all votes shall be by secret ballot.
C. All elected members shall be elected by a plurality of the votes cast by the General Members. Should no candidate receive a plurality of votes, the candidate with the least number of votes is eliminated, and voters who picked the now-eliminated candidate as their first ranked choice shall have their votes count for their second choice. This process continues until there is a plurality winner.
D. Exact numbers of votes for each candidate will not be released unless a candidate successfully challenges the results of the election.
E. Should a candidate wish to challenge the results of the election (the “challenging candidate”), they may do so via petition to be submitted to the Governing Council and Administration. This petition must be signed by at least twenty (20) General Members. Once a candidate has submitted a signed petition to the Governing Council, thereby successfully challenging the results of the election, the results of the election that pertain to the challenging candidate will be released to the challenging candidate and only to the challenging candidate.
ARTICLE IX: REMOVAL OF GOVERNING COUNCIL MEMBERS
SECTION 1. RECALL OF THE EXECUTIVE BOARD MEMBERS. Any Executive Board member may be removed by recall. A recall is achieved by a petition with at least one-hundred (100) signatures of General Members submitted to an Executive Board Member. The petition must be published to all General Members within five (5) days of an Executive Board Member’s receipt of the petition. A two-third (2/3) vote of all General Members, held consistent with the election rules of this Constitution, is sufficient to remove the member listed in the petition.
SECTION 2. RECALL OF THE ELECTED REPRESENTATIVES. Any Elected Representative may be recalled by recall similar to Article VIII, Section 1, but the petition must contain at least twenty-five (25) signatures of General Members from the represented class, and the voting is to be restricted to such represented class.
SECTION 3. RECALL OF THE APPOINTED DELEGATES. Any Appointed Delegate may be removed by recall. A recall is achieved by a majority vote of the Executive Board.
SECTION 4. DISCIPLINARY ACTION. Any Governing Council Member may call for disciplinary action against any other Governing Council Member for cause during an SBA Governing Council meeting. Potential disciplinary actions include but are not limited to temporary suspension and expulsion from office for the remainder of the academic year. Such disciplinary actions and their underlying causes must be first discussed by the Governing Council, then ratified by a two-third (2/3) vote of the Governing Council, without the caller voting, before any discipline is to become effective. The vote must be done by secret ballot.
SECTION 5. RESIGNATION. Any Governing Council Member wishing to resign from an elective or appointive position must submit a signed letter of resignation to another member of the Executive Board.
ARTICLE IX: OFFICE SUCCESSION
SECTION 1. VACANCIES. Any office becomes vacant in the event of the officer’s death, physical or mental incapacity as defined by the Nebraska Probate Code, recall, expulsion, resignation, or withdrawal from CU SOL before the expiration of the term.
SECTION 2. PROCESS FOR FILLING VACANCIES.
A. When a vacancy is created, the President has the sole discretion whether to fill the vacancy in accordance with this Article or to leave the position vacant.
B. If the office of the President shall become vacant, there shall be succession to the office by the Vice President of Internal Affairs, followed by the Vice President of Student Organizations, followed by the Vice President of Finance, followed by the Vice President of Communications. In the event all five (5) offices of the Executive Board become vacant simultaneously, a new election shall be organized and held by the remaining Governing Council Members in accordance with this Constitution.
C. Any vacancy, excluding the office of President, shall be filled by presidential appointment and a two-third (2/3) majority approval of the Governing Council, without the President voting.
SECTION 3. 3L REPRESENTATIVES: ABSENCE AS A RESULT OF ACADEMIC PROGRAMS. In the event both 3L Representatives are absent in the first semester due to academic programs including but not limited to the GOAL Program, the President shall appoint a third 3L Representative to serve for the entire year. Under such circumstances, the Governing Council shall include the third 3L Representative. This does not constitute a vacancy under Article IX Section 1.
ARTICLE X: AMENDMENTS
SECTION 1. AMENDMENT PROCESS. This Constitution shall be amended by a two-third (2/3) vote of the Governing Council and three-fourths (3/4) vote of the Executive Board. Proposed amendments must be circulated to each Governing Council Member by the proponent of the amendments at least seven (7) days before any votes may be cast on the amendments.
SECTION 2. TIME LIMIT WAIVER. Upon unanimous vote of the Governing Council, the Governing Council may waive the time limits set forth in Article XI, Section 1. Under such circumstances, the Governing Council must vote unanimously to pass the proposed amendment.
SECTION 3. CONTINUITY OF DECISIONS. All decisions made by the Governing Council shall remain in effect until repealed.
SECTION 4. EFFECTIVE DATE. Governing documents become effective immediately upon approval by the Student Leadership & Involvement Center.
ARTICLE XI: BYLAWS AFTER RATIFICATION
The Governing Council will, after ratification, decide which of the previous academic year's Bylaws will remain effective and which will be nullified. The ratified Bylaws shall be made available to all currently enrolled students of CU SOL.