PHILADELPHIA BAR ASSOCIATION RESOLUTION TO AMEND THE BYLAWS OF THE CAMPAIGN FOR QUALIFIED JUDGES TO ENHANCE THE PURPOSES OF THE FUND

WHEREAS, the Campaign for Qualified Judges is the Philadelphia Bar Association’s Political Action Committee, the purpose of which is described in Article III, Section 1 of the Campaign for Qualified Judges Bylaws as follows: “Article III Purposes and Powers. (1) The purpose of the fund is to raise and spend funds to support two classes of candidates: those running in primary, special or general elections for judicial office and incumbent judges seeking retention; provided that each candidate has been rated “Highly Recommended” or “Recommended” by the Commission on Judicial Selection and Retention of the Association (“Commission”)”; and

WHEREAS, legislative efforts to amend the Constitution of Pennsylvania to alter the method of selecting justices and judges threaten to undermine the independence of the judiciary; and

WHEREAS, education of the electorate is essential to maintain the balance of power among the three branches of government and to maintain a quality independent judiciary; and

WHEREAS, the Board of Trustees of the Campaign for Qualified Judges, to enhance the purposes of the Fund, has approved an amendment to Article III, Section 1 of its Bylaws, as follows: “Article III Purposes and Powers. (a.) The purposes of the Fund are to raise and spend funds (i) to support two classes of candidates: those running in primary, special or general elections for judicial office and incumbent judges seeking retention; provided that each candidate has been rated “Highly Recommended” or “Recommended” by the Commission on Judicial Selection and Retention of the Association (“Commission”); and (ii) to support or oppose, as determined by the Board of Trustees, with approval of the Board of Governors, proposed amendments to the Constitution of Pennsylvania (the “Constitution”) relating to the selection of justices and judges, which amendments are being submitted to the electors of the Commonwealth pursuant to Article XI of the Constitution.”

NOW, THEREFORE, BE IT RESOLVED, that the Board of Governors hereby approves the amended Bylaws of the Campaign for Qualified Judges in the form attached hereto.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: January 28, 2021

BY-LAWS OF THE POLITICAL ACTION COMMITTEE OF THE PHILADELPHIA BAR ASSOCATION

ARTICLE 1. Name, Principal Office and Address.

The name of the Political Action Committee of the Philadelphia Bar Association shall be the Campaign for Qualified Judges (hereinafter referred to as the “Fund”). The principal office of the Fund shall be at the headquarters of the Philadelphia Bar Association (the “Association”).

ARTICLE II. Form of Organization.

The Fund will be a non-profit, unincorporated association established under Pennsylvania law operating as a separate segregated fund of the Association.

ARTICLE III. Purposes and Powers.

  1. The purposes of the Fund are to raise and spend funds (i) to support two classes of candidates: those running in primary, special or general elections for judicial office and incumbent judges seeking retention; provided that each candidate has been rated “Highly Recommended” or “Recommended” by the Commission on Judicial Selection and Retention of the Association (“Commission”); and (ii) to support or oppose, as determined by the Board of Trustees, with approval of the Board of Governors, proposed amendments to the Constitution of Pennsylvania (the “Constitution”) relating to the selection of justices and judges, which amendments are being submitted to the electors of the Commonwealth pursuant to Article XI of the Constitution.
  2. The Fund is empowered to solicit and receive contributions from members of the Association, law firms, and any other sources permitted by law to expend funds to further the purpose of the Fund.
  3. The Fund and its trustees and officers shall possess and may exercise all powers and privileges set forth in these By-Laws or incidental thereto necessary to conduct, promote, or attain the purpose of the Fund subject to the qualification that all expenditures by the Fund in connection with a particular election shall be made so as to benefit equally members within a class of candidate (as defined in subparagraph (a), above) for office on the same court in that election, although classes of candidates may be treated differently. The foregoing qualification shall not be deemed to preclude the Fund from publicizing the names of candidates rated “Not Recommended” by the Commission.

ARTICLE IV. Trustees and Responsibilities.

  1. The Trustees of the Fund shall consist of its Chair, Vice-Chair, and Treasurer, and of the following: the Chancellor, Chancellor-Elect and Vice-Chancellor of the Association; the Chair and Vice-Chair of the Board of Governors of the Association (“the Board”); the Chair and Vice-Chair of the Commission of Judicial Selection and Retention of the Association; and the designee of the Chair of the Young Lawyers’ Section of the Association. In addition, the Chancellor shall have the power to appoint honorary non-voting trustees who shall serve for a term of one year.
  2. The Trustees of the Fund shall determine the programs and policies of the Fund with respect to the solicitation and expenditure of funds and the other activities of the Fund in furtherance of its purpose.

ARTICLE V. Officers and Responsibilities.

  1. The Fund shall have a Chair who shall be a member of the Association and shall be appointed by the Chancellor of the Association with the approval of the Board to serve for a term of one year. The Chair shall be the chief executive officer of the Fund; shall call and preside at the meetings of its Trustees; and shall be responsible for carrying out its programs and policies as determined by the Trustees of the Fund.
  2. The Fund shall have a Vice Chair who shall be a member of the Association and shall be appointed by the Chancellor of the Association with the approval of the Board to serve for a term of one year. The Vice Chair shall preside at meetings of the Trustees of the Fund when the Chair is absent and shall assume the duties and responsibilities of the Chair in the event of a temporary or permanent vacancy in the office of the Chair. The determination of whether such a vacancy exists shall be made by the Trustees of the Fund.
  3. The Fund shall have a Treasurer who shall be a member of the Association and shall be appointed by the Chancellor of the Association with the approval of the Board to serve for a term of one year. The Treasurer shall be the chief financial officer of the Fund and shall:
    1. Receive all contributions made to the Fund;
    2. Establish and maintain detailed accounts of all contributions made to the Fund and of all contributions, expenditures and other disbursements made by or on behalf of the Fund;
    3. Establish and maintain all other records necessary to comply with applicable laws and regulations;
    4. Approve all contributions, expenditures and other disbursements made by or on behalf of the Fund; and
    5. Prepare, sign and file all reports required to be filed by the Fund in accordance with applicable laws and regulations.
  4. In the event of a vacancy in the office of the Treasurer of the Fund, the Chancellor of the Association shall immediately appoint a replacement Treasurer who, with the approval of the Board, shall serve out the balance of the term of Treasurer.
  5. No contribution or expenditure shall be accepted or made by or on behalf of the Fund during any period in which there is a vacancy in the office of Chair or Treasurer.
  6. All contributions to the Fund shall be maintained by the Fund as a separate segregated fund in one or more depositories authorized by applicable law and regulations to act as such, and all contributions, expenditures or other disbursements by or on behalf of the Fund shall be made from that Fund and no other source.
  7. The officers of the Fund shall be bonded and any checks issued by the Fund shall require the signature of the Chair or Vice-Chair and the Treasurer.

ARTICLE VI. Subcommittees.

The Chair may appoint subcommittees from among the Trustees to advise him with respect to the operations of the Fund.

ARTICLE VII. Reports.

The Chair and Treasurer of the Fund shall make reports concerning the activities of the Fund to the Board and the Association when and as required by the Board.

ARTICLE VIII. Contributions to the Fund.

All contributions to the Fund shall be completely voluntary. No contribution to the Fund shall be solicited or secured by physical force, job discrimination, financial reprisal, or threat of any of the foregoing, or as a condition of employment, job assignment or promotion or in any other coercive manner.

ARTICLE IX. Adoption and Amendment of By-Laws.

  1. These by-laws shall be effective upon their approval by the Board.
  2. These by-laws may be amended by the Trustees of the Fund subject to the approval of the Board.

ARTICLE X. Term and Dissolution.

The term of the Fund shall be perpetual, except that it may be dissolved at any time by the Board. In the event of dissolution, any unexpended funds of the Fund shall be disposed of in accordance with applicable law and regulations, and no unexpended funds shall inure to the benefit of any officer or Trustee of the Fund or to the Association.