October 3, 2023
TO: Voting Members of the Berks County Bar Association
FROM: Gabriela G. Raful, President
RE: NOTICE of Proposed Amendments to the Bylaws
The Board of Directors of the Berks County Bar Association proposes amending its Bylaws to address the suspension or loss of membership arising from the conduct of a member.
The Board of Directors is proposing this amendment following several years of reviewing policies adopted by Bar Associations in Pennsylvania and debating how to best protect the integrity of our Bar Association and the legal profession in Berks County.
Members should note that the language in this proposed amendment aligns with revisions the Pennsylvania Bar Association (PBA) adopted in recent years to address member misconduct.
Specifically, the Board proposes that Section 1.6 of the Bar Association Bylaws be amended to add sub-section (c) Suspension/Revocation Resulting from Disciplinary Action. That section is highlighted in yellow below.
SECTION 1.6 SUSPENSION OR LOSS OF MEMBERSHIP.
(c) Suspension/Revocation Resulting From Disciplinary Action. All complaints in regard to the conduct of a member shall be referred to the Executive and Finance Committee. The Executive and Finance Committee, with the assistance of the Executive Director, shall investigate the matter and prepare a report and recommendation (the “Report”) to the Board of Directors. To the extent the Board determines that a hearing on the matter is warranted, a copy of the Report shall be sent to the member in question at least thirty (30) days before such hearing, together with notice of the time and place of the hearing before the Board. At the hearing, the member in question, personally and/or by counsel, will be afforded a full opportunity to be heard. Upon consideration thereof, the Board may determine to censure, suspend or expel the member, or the Board may determine to dismiss the complaint. The decision of the Board shall be final. In addition, the Executive and Finance Committee shall have the right to restrict a member’s participation in Association functions pending a hearing on the matter at such times that the Executive and Finance Committee deems such action to be in the best interests of the Association.
This proposed Amendment is being presented during the Annual Membership Meeting of the Bar Association on Thursday, November 2, 2023, at the Berkshire Country Club, 1637 Bernville Road, Reading PA. The business portion of the meeting will begin at 5:45 PM.
