Trials and Tribulations

1. Trials and Tribulations A Look At Some of the Principles behind Disciplinary Procedures within Roberts Rules of Order (11th ed.)

2. The General and UCMJ • Roberts • Chair Admonition • Scolding • Calling Member to Order • Chair or member • Puts question of penalty to members of the assembly. • Naming the Offender • Full Trials • UCMJ • Art. 15 Non-Judicial • 1 Officer • Summary Court • Judge + >= 3 members • General Court • Judge + >= 5 members • Severity of potential punishments increase with type.

3. Disciplinary Overview • 2 Types: In Meeting and Outside Meeting • “Conduct Unbecoming” • Ch. XX, §61, p. 643, l. 6-11 • General Principle: Any conduct “…tending to injure the good name of the organization, disturb its well-being, or hamper it in its work” is properly subject to disciplinary action whether or not it is stated in the bylaws. • p. 644, l. 3-7

4. In Meetings • Chair or members can spotlight offense. • Infraction witnessed by assembly – no investigation required. • Offender given the opportunity to withdraw language or apologize for actions • Calling Member to Order • Chair gives warning, but if member has the floor, chair puts question “Shall the member be allowed to continue?” – Not debatable.

5. Naming The Offender(repeated infractions w/warnings) • Amounts to preferring of charges. • BEFORE taking action, chair directs secretary to capture offensive language/behavior used and place in minutes. • Offender given opportunity to recant/retract. • If done at time of offense – are the notes of language/action removed from minutes?

6. Chair’s Guiding Principle • ….the chair should take necessary measures to see that the order (or the assembly) is enforced, but should be guided by a judicious appraisal of the situation. p. 648, lines 30-32

7. Outside of Meetings • Offenses occur outside the purview of the assembly. No ‘first-hand’ knowledge . • Charges preferred and trial held before a disciplinary committee, or full assembly. • Even if improper conduct DURING MEETING; for disciplinary action to take place OTHER THAN promptly after breech as previously described, charges MUST be preferred and a formal trial held.

8. Rights of The Society & The Accused • Society has right to investigate, but no one has right to make information obtained public. • Trials are ALWAYS held in Executive Session (private). • Making facts public may constitute Libel. p. 655 [all], p. 656, lines 1-15

9. More……. • Trials can not legally establish guilt of accused as understood in a court of law. • Hearsay evidence has to be admitted/allowed • The accused DOES have the right of due process: Informed of charges, given time to prepare a defense, and appear (at trial) to defend themselves.

10. 5 Basic Steps to the Disciplinary Process: • Confidential investigation by committee • Report of Committee – referral of charges • Formal notification of the accused • Trial • Assembly review of trial committee’s findings See page 656

11. A Final Thought……. “A judge is a law student who marks his own examination papers.” H. L. Mencken