By Laws and Rules

As Amended and Adopted April 2009

I. Description and Purpose:

A. The Rutgers Moot Court Board (hereinafter "the Board") is an autonomous student-run organization dedicated to promoting superior advocacy skills. The Board sponsors and coordinates various competitions including the Nathan Baker Mock Trial Competition and the David Cohn Appellate Advocacy Competition.

B. The Board's duties include developing competition problems and administering the mock trial and appellate advocacy competitions. In addition, the Board endeavors to field teams representing Rutgers School of Law-Newark in regional and national mock trial and other moot court competitions. The Board encourages school-wide student participation in the Moot Court Board and its programs.

II. Structure of the Board

A. Co-Chairs: The Board shall have two Co-Chairs. The Co-Chairs shall be responsible for: coordinating the Board's activities; scheduling Board meetings; drafting the Board's calendar; delegating academic, administrative, and other tasks; acting as liaisons between the Board and the Law School faculty and administration; and recommending academic credit for Board Members. In addition, the Co-Chairs shall oversee disciplinary matters.

B. Board Officers: The Board shall also have a Secretary, Treasurer, Alumni Liaison, and Webmaster.

C. General Membership: The General Membership shall be comprised of those persons, both second- and third-year day students and night-student equivalents, who are not serving as either the Co-Chairs or Officers of the Board. All General Members must participate in at least one competition, either the Nathan Baker Mock Trial Competition or the David Cohn Appellate Advocacy Competition. They shall also be responsible for completing all academic and administrative tasks assigned by the Co-Chairs.

D. Membership on the Board, unless terminated otherwise, shall be considered to terminate on the first reading day of the Spring semester after which the respective member is to graduate.

III. Selection of the Board

A. General Membership: The General Membership of the Board shall be selected each summer from among those incoming second-year day students and evening student equivalents demonstrating high achievement in written and oral advocacy skills. The General Members shall be selected after their Legal Research and Writing oral arguments and shall be notified before the start of Fall classes. Board members shall be selected from second-year day students and the equivalent night students, and only such students will be permitted to compete for open positions on the Board. The Board will, wherever possible, notify those students selected to be General Members before the due date of resumes for on-campus interviews. All students selected as General Members shall be notified in time to register for the Board in order to receive academic credit. In addition, the semi-finalists and/or finalists from the Nathan Baker Mock Trial and/or David Cohn Appellate Advocacy Competitions shall be considered for Board membership and may be invited to be members at the sole discretion of the Co-Chairs.

B. Election of Officers: The Co-Chairs and all Officers shall have participated on the Board for one semester prior to their nomination. They shall be chosen in the following manner:

1. Any Member can nominate any other Member, including him or herself, for any Officer position during the period for nomination designated by the Co-Chairs and shall have the right to withdraw his or her name from nomination.

2. Elections shall be held in the Spring semester after the David Cohn Appellate Advocacy Competition.

3. Only second-year day students and evening student equivalents shall be eligible to vote. In the event of a tie, the Co-Chairs shall break the tie.

4. All Board Members eligible to vote shall be notified of the nominations in writing prior to elections.

5. In the event of scheduling conflicts, and at the discretion of the Co-Chairs, Members may be permitted to vote by proxy.

6. All Board Members shall vote for two Co-Chairs and other Officers.

7. The outgoing Co-Chairs shall oversee the election. They will count the ballots and will announce the incoming Co-Chairs and other Officers as soon after the elections as is practicable.

8. The incoming Co-Chairs and other Board Officers shall take office on the first reading day of the Spring semester in which they are elected.

9. Co-Chairs and other Board Officers shall serve in their office for a period of one year.

IV. Academic Credit

A. Each second-year Board Member or evening student equivalent may earn one credit per semester for participation on the Board.  Each third-year Board member or evening student equivalent may earn up to three credits per academic year; the distribution of credits between semesters shall be determined by the Board member, Co-Chairs, and the Rutgers Law School administration.

B. In order to obtain academic credit, each second-year day student Board or evening student equivalent member must participate in one of the following tracks with obligations outlined accordingly:

C. In addition to the academic requirement, each second year day student Board member or evening student equivalent Board member will be required to perform a variety of administrative duties. These duties include but are not limited to: remaining in the Moot Court Board office to answer phone calls and e-mails, grading competition briefs, serving as bailiff for the Nathan Baker or David Cohn Competitions, assisting with the grading of LRW oral arguments of students seeking membership on the Board, and such other duties as may be necessary for the proper discharge of all Board responsibilities. The Co-Chairs shall have the right to withhold academic credit from any Member whom the Co-Chairs determine has not fulfilled his or her duties.

D. Members wishing to compete in both the Nathan Baker Mock Trial Competition and the David Cohn Appellate Advocacy Competition must obtain written permission from the Co-Chairs.

VI. Disciplinary Matters

A. The Moot Court Board is an autonomous organization that reserves the right to handle any disciplinary matters that arise in relation to the Board's competitions and other activities.

B. All disciplinary matters arising from Board activities shall be handled by the Co-Chairs and such Board Officers as may be appointed by the Co-Chairs.

C. At anytime, a Co-Chair or other Board Officer may be impeached and removed, for improper activity or seriously inadequate performance of duties as a Co-Chair or other Officer of the Moot Court Board.

1. Impeachment and removal of a Co-Chair or other Officer shall be commenced by the submission to at least one Co-Chair of a petition signed by either half the Officers or half of the General Membership.  The impeachment petition must state the Officers’ or Members’ basis for seeking removal of the Officer named therein.

2. Within two weeks of submission of the impeachment petition, the Board must hold a meeting in Rutgers School of Law-Newark to conduct the removal vote on the impeached Officer.  This meeting shall require a two-thirds quorum of the Board.  The removal vote shall be conducted by secret ballot and a two-thirds majority of the Members and Officers present shall be sufficient for removing the impeached Officer.

3. In the event that an Officer resigns or is removed from office under the procedures described in these By-laws and Rules, the Co-Chair(s) shall within two weeks arrange and conduct an election pursuant to the procedures described in Article III, Section B.

D. All Members of the Moot Court Board are bound by the Honor Code and the Rutgers University Student Disciplinary Code of the Law School as provided in the Student Handbook (hereinafter "the Codes"). All Board Members are required to perform all designated and assigned tasks and responsibilities. Inactive Board membership shall not be tolerated. Any member who fails or refuses to fulfill his or her duties, or who is found to have violated the Codes, may be denied academic credit. Decisions to deny credit shall be made by the Co-Chairs. Any member who is to be denied credit shall be notified in writing and permitted to dispute the proposed denial.

E. All persons who participate in Board-sponsored competitions shall be required to conduct themselves in accordance with the Codes and any other applicable standards of professional conduct. All competitors shall be notified in writing of this requirement, as part of the competition materials, before they compete. In addition, competition materials shall set forth the procedures for complaints, investigations, and penalties. The Co-Chairs shall establish such procedures. In the event that competition rules are to be changed from those of the previous year, the Co-Chairs shall consult with the faculty advisor, but shall not be bound by the advice of the faculty advisor.

VII. Amending These By-Laws

A. The Co-Chairs may, at any time, call a meeting of the Board to discuss and/or vote on any proposed amendments to these by-laws. A two-thirds majority of all Board Members (second- and third-year day students and evening student equivalents), voting either in person or by electronic means, shall be sufficient to amend these by-laws.