Code of Conduct
MATA adopted an anti-harassment policy in 2019 and earnestly asks that members/firms do their best to emulate it or adopt one of their own.
CONSTITUTION OF
MISSOURI ASSOCIATION OF TRIAL ATTORNEYS
ARTICLE I
OBJECTIVES
The objectives of this Association shall be to uphold and defend the Constitution of the United States of America and the Constitution of the State of Missouri; to advance the science of jurisprudence; to promote the administration of justice; to uphold the honor of the profession of the law; to apply its knowledge and experience in the field of law to the promotion of the public good; to preserve the adversary system and the right to jury trial; to strive to achieve and maintain high standards of professional ethics, competency and demeanor in the bench and bar; and to advance the interests and protect the rights of individuals. For these purposes and for the purpose of educating and training in the art of advocacy, it shall publish one or more legal periodicals at such times, places and under such names as the Board of Governors may determine, directed to the education of its members, as well as judges, lawyers generally, and the public; and to encourage the teaching of workers’ compensation, railroad, aviation, criminal, civil rights, tort and all other branches of the law used for advancing the interests and protecting the rights of individuals, by sponsoring lectures throughout the state and generally encouraging scholarship and increased proficiency among members of the bar and in this Association, specifically.
ARTICLE II
MEMBERSHIP
SECTION 1. Any person who is duly licensed to practice law in the State of Missouri or in any state who is of good moral character and who spends a substantial portion of time repre-senting the interests and defending the rights of individuals, shall be eligible for membership in the Association.
SECTION 2. The Board of Governors may provide for and establish various classes and categories of membership including:
(a) categories of members at large;
(b) a class or classes of membership of persons otherwise ineligible under this Article, but such persons shall be ineligible to vote, to hold office, or to serve on the Board of Governors.
SECTION 3. No member shall be eligible to vote on any matter or in any election unless such member has been a member for at least sixty (60) days and is current in the payment of their dues of membership. Membership shall be renewed annually in order to insure the contin-ued qualification of a member and the payment of dues.
SECTION 4. Termination of Membership - Membership may be terminated in the following manner:
(a) Resignation - A member may resign by submitting
a written resignation to the Executive Director. Such
resignation shall become effective on the date submitted,
provided the member has satisfied all of said member’s
obligations to the Association.
(b) Disbarment - A member who is disbarred shall automatically be removed from membership.
(c) Expulsion - A member may be expelled. The procedure for expulsion shall be to provide to said member not less than fifteen (15) days prior written notice of the expulsion and the reasons therefore and an opportunity for the member to be heard, orally or in writing, not less than five (5) days before the effective date of the expulsion by the President or the President’s designee.
(d) Non-Renewal - A member’s membership shall not be renewed at the end of the member’s annual term if a member is no longer qualified to serve under Article II, Section 1, or by virtue of a failure to pay dues as mandated by Article VIII.
ARTICLE III
OFFICERS
SECTION 1. The officers shall be the President, President-Elect, and Vice President. These officers shall perform the duties prescribed by this Constitution and by Robert’s Rules of Order Newly Revised. The Officers shall be elected from the Board of Governors by a majority of the Board of Governors at the annual meeting of the Board of Governors. The term of office shall begin immediately upon election. The officers shall serve for a one (1) year term or until their successors are elected and shall not succeed themselves in office.
SECTION 2. The President shall preside at all meetings, shall direct the affairs of the Association with the advice and consent of the Board of Governors, and shall appoint all committees as deemed advisable or as directed to be appointed by the Board of Governors.
SECTION 3. The President-Elect shall assist the President in the performance of duties and shall act in place of the President in the President’s absence. The President-Elect shall perform such duties as directed by the President and the Board of Governors.
The President-Elect shall automatically assume the Office of President at the next annual meeting of the Board of Governors unless rejected for cause by a two-thirds (2/3) vote of the Board of Governors voting on the issue.
SECTION 4. The Vice President shall assist the President and the President-Elect in the performance of their duties and shall perform such duties as directed by the President and the Board of Governors.
SECTION 5.
(a) In the event of a vacancy in the office of President, the duties, powers and responsibilities of President shall be assumed immediately by the President-Elect.
(b) In the event of a vacancy in the office of President-Elect or Vice President, notice of the vacancy shall be given to the members of the Board of Governors, which shall elect to fill the vacancy at the next Board meeting. The officer so elected shall serve the remainder of the unexpired term.
SECTION 6. The removal of any officer for good cause may be effected by a two-thirds (2/3) vote of the Board of Governors voting on the issue, provided however that notice of intent to propose such action is given to the members of the Board at least thirty (30) days prior to the vote.
ARTICLE IV
BOARD OF GOVERNORS
SECTION 1. The Board of Governors shall be the governing body of the Association and shall be vested with management of its affairs.
SECTION 2. The Board of Governors shall consist of all Past Presidents and the Governors as chosen in accordance with this Constitution.
SECTION 3. In addition to the Past Presidents, one hundred sixteen (116) Governors shall be chosen by the full membership as follows: a maximum of twenty-four (24) from members practicing in the City of St. Louis or St. Louis County (MATA St. Louis District); a maximum of twenty-four (24) from members practicing in Jackson County or Clay County (MATA Kansas City District); a maximum of twenty-four (24) from members not practicing in either the MATA St. Louis District or the MATA Kansas City District (MATA Outstate District); and a maximum of forty-four (44) from members practicing in any of the above Districts (At-Large). The elected Governors shall serve for two (2) years. The terms of elected Governors shall be staggered so that no more than one-half (1/2) of the Board of Governors shall be nominated and elected in any one (1) year. An unlimited number of Distinguished Service Governors shall be chosen by the full membership. Distinguished Service Governors must qualify for Distinguished Service status by serving on the Board for twenty or more years and may represent any of the above districts. The elected Distinguished Service Governors shall serve for two (2) years.
SECTION 4. There shall be at least one (1) annual meeting of the Board of Governors. Such annual meeting of the Board of Governors shall be held in conjunction with the Annual Convention of the Association.
SECTION 5.
(a) It shall be the duty of the President to appoint, not less than forty (40) nor more than seventy (70) days before the date of the Annual Convention, a committee or committees on nominations. Each committee shall notify the Executive Director at the home office at least thirty (30) days before the Annual Convention of the nominee or nominees for election to the Board of Governors.
(b) Any three (3) or more members acting together may make a nomination by petition mailed to the home office at least thirty (30) days before the Annual Convention.
(c) The ballot to be used at the Annual Convention for the election of members of the Board of Governors shall list the names of the candidates nominated by the committees by districts and the names of the candidates nominated by petition by districts, if any. The President shall call for additional nominations from the floor. Those candidates from each district receiving the highest number of votes shall be declared elected. There shall be no cumulative voting for Governors.
(d) Fifty-one (51) members at the Annual Convention shall constitute a quorum for the election of members of the Board of Governors.
SECTION 6. A quorum of the Board of Governors shall consist of thirty-nine (39) members of the Board of Governors and at least two (2) officers or a total of forty-one (41).
SECTION 7. The Board of Governors may determine, by resolution, guidelines and requirements for service on the Board of Governors; and by same resolution may determine the penalty for not meeting said requirements.
SECTION 8. No member of the Board of Governors may vote by proxy at any meeting.
SECTION 9. In the event of a vacancy on the Board of Governors, notice of the vacancy shall be given to the Board of Governors which shall elect to fill the vacancy at the next meeting. The Governor so elected shall serve the remainder of the unexpired term.
SECTION 10. The removal of a Board member for good cause may be effected by a majority vote of the members voting on the issue at a meeting of the members called for the purpose of removing the Governor and the meeting notice shall state that the purpose, or one of the purposes, of the meeting is the removal of a Governor.
SECTION 11. The Board of Governors shall appoint a full-time Executive Director who shall administer the staff and facilities of the Association subject to the direction of the President and Board of Governors.
ARTICLE V
EXECUTIVE COMMITTEE
SECTION 1. There shall be an Executive Committee of the Board of Governors which shall be composed of the President; President-Elect; Vice President; the Immediate Past President; and six (6) additional members, to be elected from the Board by the whole of such Board at the annual meeting of the Board of Governors. The six (6) additional members of the Executive Committee shall consist of two (2) members elected to the Board from the MATA Kansas City District or At-Large members who practice in the MATA Kansas City District, two (2) elected to the Board from the MATA St. Louis District or At-Large members who practice in the MATA St. Louis District, and two (2) Board members elected from the MATA Outstate District or At-Large members who practice in the MATA Outstate District.
SECTION 2. Between meetings of the Board of Governors, the Executive Committee may exercise such functions as may be delegated to it by the Board of Governors, and may take such actions by a telephone or mail vote.
SECTION 3. Five (5) members, including one (1) officer, shall constitute a quorum.
SECTION 4. It shall, if requested by any Governor, make a report of all its acts in writing to the Board of Governors.
ARTICLE VI
ANNUAL CONVENTION AND MEETINGS
SECTION 1. There shall be an Annual Convention and business meeting of the Association, the time and place to be fixed by the Board of Governors.
SECTION 2. Fifty-one (51) members at the Annual Convention shall constitute a quorum for doing business.
SECTION 3. No member shall be permitted to vote by proxy at the Annual Convention.
SECTION 4. All meetings of the Association, as well as of any of its committees, shall be in accordance with Robert’s Rules of Order Newly Revised. Meetings shall be in keeping with democratic principles and traditions so that members may have the opportunity to be heard and present their views for consideration by the entire body.
ARTICLE VII
FINAL AUTHORITY
The Annual Convention shall be the final authority of the Association and all action taken at the Annual Convention shall be by majority vote of the members present and voting. Any members of the Association who shall consider themselves aggrieved by the action of the Board of Governors or the action of any officer of the Association shall have the right of appeal to the Annual Convention and the decision of that body upon such appeal shall be final and binding.
ARTICLE VIII
DUES
SECTION 1. Annual dues, which may vary among categories and classes of membership, shall be set by the Board of Governors. The Board of Governors may provide for payment of annual dues by periodic payments.
SECTION 2. If the dues of any member be unpaid for a period not to exceed forty-five (45) days after same shall have become payable, the Executive Director shall cause to be mailed a notice of delinquency. If the dues of any member shall not be paid within sixty (60) days of the mailing of such notice of delinquency, such membership shall automatically terminate, but the Board of Governors may provide for subsequent reinstatement.
SECTION 3. No member shall be eligible to vote on any matter or in any election unless such member’s dues are paid in accordance with such schedule as set by the Board of Governors.
SECTION 4. Any member who terminates membership for whatever reason or who changes classification or category of membership, shall not be refunded any portion of previously paid membership dues.
ARTICLE IX
AMENDMENTS
This Constitution may be amended by a majority vote of the members present and vot-ing at an Annual Convention. An amendment must be proposed in writing by any ten (10) members or by the Board of Governors to the President or the Executive Director not less than sixty (60) days prior to the Annual Convention. Not less than thirty (30) days prior to the Annual Convention, all proposed amendments, in printed form, shall be circulated to the entire membership.
If any amendment which is adopted be inconsistent with the Articles of Incorporation of the Association, the Board of Governors shall cause to be filed forthwith an amendment to such Articles with the Missouri Secretary of State, bringing such Articles of Incorporation into con-formity with such amendment to this Constitution.
ARTICLE X
HOME OFFICE
The home office shall be located at such place as the Board of Governors shall designate from time to time.
ARTICLE XI
THE AMERICAN ASSOCIATION FOR JUSTICE
The American Association for Justice Delegates and the American Association for Justice Governor (or Governors) representing Missouri shall be nominated and elected by the membership at the Annual Convention of the Missouri Association of Trial Attorneys. Vacancies in the positions of the American Association for Justice Delegates and Governors shall be filled by the Executive Committee of the Missouri Association of Trial Attorneys within thirty (30) days of the vacancy and such appointments shall be for the balance of the unexpired term. As required by the Bylaws of the American Association for Justice, members of the Board of Governors and Delegates of the American Association for Justice, must also be members of the Board of Governors of the Missouri Association of Trial Attorneys.
