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Article 3. CBA Membership; CBA Patrons

3. CBA Membership; CBA Patrons

3.1. Classes of CBA Membership. There shall be the following classes of CBA membership:

(a) Active CBA Members. An active CBA member is any lawyer (1) who is licensed and in good standing to practice law in Colorado and (2) who either (A) is a member of an Affiliated Local Bar Association or (B) is not a resident of Colorado. Each active CBA member shall enjoy all of the rights and privileges of CBA membership including the right to vote and to hold office.

(b) Associate CBA Members. An associate CBA member is a non-lawyer whose primary occupation is directly involved in assisting attorneys on a regular basis in the delivery of legal services. Associate CBA membership shall be limited to paralegals, legal assistants, law office administrators, legal secretaries, court personnel, and bar association staff who are residents of Colorado. Each associate CBA member must have a CBA member who is a lawyer sponsor the associate CBA member's annual renewal of associate CBA membership and certify that the non-lawyer meets the qualification stated in the first sentence of this provision. Each associate CBA member shall enjoy all of the rights and privileges of CBA membership except the right to vote or to hold office.

(c) Honorary CBA Members. An honorary CBA member is a distinguished lawyer who is elected to honorary membership in the CBA by a two-thirds vote of the Board of Governors. Each honorary CBA member shall have such rights and privileges of CBA membership as may be specifically granted to him or her by the Board of Governors, which may or may not include the right to hold office or to vote, and shall be exempt from the payment of CBA dues.

(d) Inactive CBA Members. An inactive CBA member is a lawyer who is on inactive status with the Colorado Supreme Court and who is not a life CBA member or a retired CBA member. An inactive CBA member need not join an Affiliated Local Bar Association. Each inactive CBA member shall pay such CBA dues as may be fixed by the Board of Governors and shall enjoy all of the rights and privileges of CBA membership except the right to hold office or to vote.

(e) Life CBA Members. A life CBA member is a lawyer (1) who has been licensed to practice in Colorado or in any one or more other states for at least 50 years cumulatively, (2) who either (A) is licensed and in good standing to practice law in Colorado or another state, (B) is in good standing in Colorado or another state as a licensed lawyer on inactive status, or (C) is not licensed and in good standing in Colorado or in any other state but was, when last licensed as a lawyer, in good standing as such in all states where licensed and was not thereafter suspended or disbarred in any state, and (3) who has been a CBA member for the most recent 10 years. Each life CBA member shall be exempt from the payment of CBA dues. Each life CBA member who is licensed and in good standing to practice law in Colorado shall enjoy all of the rights and privileges of CBA membership, and each life CBA member who is not licensed and in good standing in Colorado shall enjoy all the rights and privileges of CBA membership except the right to hold office or to vote.

(f) Resident CBA Members. A resident CBA member is a lawyer (1) who is licensed and in good standing to practice law in a state other than Colorado but who is not licensed to practice law in Colorado, (2) who resides in Colorado, and  (3) who is a member of an Affiliated Local Bar Association. Each resident CBA member shall pay the same CBA dues as are required of active CBA members and shall enjoy all of the rights and privileges of CBA membership except the right to hold office or to vote.

(g) Retired CBA Members. A retired CBA member is a lawyer (1) who has attained the age of 65 years, (2) who is not actively engaged in full-time law practice, (3) who, when last licensed as a lawyer was in good standing as such and was not thereafter suspended or disbarred, and (4) who is not a life CBA member. Each retired CBA member shall enjoy all of the rights and privileges of CBA membership, including the right to vote but not the right to hold office, and shall pay such CBA dues as may be fixed by the Board of Governors.

(h) Student CBA Members. A student CBA member is any student of an accredited law school. Each student CBA member shall enjoy such of the rights and privileges of active CBA members as may be specified by the Board of Governors, but not the right to hold office or to vote.

3.2. Record of CBA Members; Admission; Address for Notices.

(a) Record of CBA Members. The Executive Director shall maintain a record of persons who have applied for CBA membership, are qualified to be CBA members, and have paid the dues then required for CBA membership, which record shall be categorized by CBA membership classification. The record shall include the most recent address, if any, provided by each CBA member to the Executive Director for mailing notices to the CBA member.

(b) Admission to CBA Membership. Each person who is identified on the record maintained pursuant to Section 3.2(a) shall be deemed to be admitted to CBA membership in the respective category, subject to suspension, expulsion, or termination as provided by these Bylaws.

(c) Notices to CBA Member. Without limiting the effectiveness of notice given in any other manner that may be provided in these Bylaws, notice given in a writing deposited with sufficient postage in the United States post, addressed to a CBA member at the address stated on the record maintained pursuant to Section 3.2(a), shall be deemed to have been given to that CBA member upon such deposit.

3.3. CBA Dues.

(a) Fixing Dues. Subject to the provisions of Section 3.1, the Board of Governors shall have the power (1) to fix the amount of dues paid by CBA members; (2) to establish classifications for such purposes; and (3) to establish the times and procedures by which (A) notice of dues shall be given, (B) dues shall be paid, (C) delinquency may be determined, and (D) delinquent CBA members may be stricken from the record of members maintained pursuant to Section 3.2(a).

(b) Waiver of Dues. The Board of Governors may waive the dues of any CBA member.

3.4. Suspension or Expulsion of Member. The Board of Governors may suspend or expel any CBA member from the CBA for such cause or causes, if any, as it may determine, without a right of refund of CBA dues paid; provided, however, that such suspension or expulsion is effectuated in accordance with the following procedures:

(a) Notice of Impending Action. Notice of the impending suspension or termination shall be given to the CBA member not less than 15 days prior to the effectiveness of such suspension or expulsion, which notice shall state the cause or causes, if any, of the suspension or expulsion.

(b) Opportunity to Be Heard. If the CBA member requests, by written notice actually received by the Executive Director before the effectiveness of the suspension or expulsion, the opportunity to state his or her reasons why he or she should not be suspended or expelled, the CBA member shall be given the opportunity either:

(1) To provide, within 15 days after he or she is given notice of the right to do so, a written statement to the Executive Council stating his or her reasons why he or she should not be suspended or expelled; or

(2) To make an oral statement before a meeting of the Executive Council, at such time as the Executive Council determines in a notice given to the CBA member not less than five days before such meeting, of his or her reasons why he or she should not be suspended or expelled.

The determination of whether the CBA member's statement of reasons against suspension or expulsion is to be made in writing or by oral statement shall be made either by the Board of Governors at the time it first determines to suspend or expel the CBA member or, in the absence of such determination, by the President.

(c) Final Determination. The determination whether or not to suspend (and, if so, on what terms and conditions for reinstatement) or to expel the CBA member shall be made by the Executive Council, within such time after the CBA member has had the opportunity provided for in Section 3.4(b) as the Executive Council may determine, and notice of the determination shall be given to the CBA member. Such determination shall be final.

(d) Responsibility for Notices to CBA Member. The notices that are to be given to the CBA member pursuant to the foregoing procedures shall be given by the President or, if the President does not do so, by the Executive Director.

(e) Effect of Section. This Section 3.4 is intended to be a bylaw provision within the meaning of Section 7-126-302(1), Colorado Revised Statutes. Any proceeding challenging a suspension or expulsion pursuant to this Section 3.4 must be commenced within one year after the effective date of the suspension or expulsion.

3.5. Termination or Suspension of CBA membership Upon Disbarment or Suspension.

(a) Termination of CBA Membership. The CBA membership of a CBA member shall automatically terminate, without a right of refund of CBA dues paid, upon the CBA member's disbarment or suspension for more than 12 months from the practice of law in Colorado or before the United States Supreme Court or the federal courts of the District of Colorado. A person whose CBA membership has been terminated by reason of such disbarment or suspension may be reinstated to CBA membership only if and when (1) the person has been reinstated to practice in all courts from which such person was disbarred or suspended, (2) the person is otherwise eligible for CBA membership, and (3) the person is admitted and enrolled pursuant to Section 3.2.

(b) Suspension of CBA Membership. The CBA membership of a CBA member who has been suspended from the practice of law in Colorado, or before the United States Supreme Court or the federal courts of the District of Colorado for a period of 12 months or less shall continue during the suspension, but, during the suspension, the CBA member shall relinquish all privileges of holding office and voting, without a right of refund of CBA dues paid.

(c) Effect of Section. This Section 3.5 is intended to be a bylaw provision within the meaning of Section 7-126-302(1), Colorado Revised Statutes. Any proceeding challenging a termination or suspension pursuant to this Section 3.5 must be commenced within one year after the effective date of the suspension or expulsion.

3.6. Patrons of the CBA. A patron of the CBA is any non-lawyer or organization who provides ancillary goods or services to lawyers or to the legal profession and who applies to the Executive Director for recognition as a patron of the CBA. Patrons of the CBA may include, but are not limited to, arbitrators, mediators, certified public accountants, private investigators, court reporters, educators, and professional consultants. No sponsorship by a CBA member is required for recognition as a patron of the CBA. Patrons of the CBA shall pay such fees as may be fixed by the Board of Governors, and may participate in such CBA activities and privileges as may be approved by the Board of Governors, but no patron of the CBA may hold office or vote.