Article I: Name
The name of this organization shall be the Mock Trial Students’ Association.
Article II: Purpose
The purpose of this organization shall be to encourage interest and develop skill in courtroom procedure and the legal system through successful competitions sanctioned by the American Mock Trial Association (AMTA). Above all, the goals of this organization are to foster high ethical standards and professionalism among its members.
Article III: Membership
Section I: Regular membership in this organization shall be open to all full-time Creighton Undergraduate or University College students who subscribe to the ideals of the organization.
Section II: Advanced members shall be selected to represent Creighton University at tournaments. Participation in competitions is to be determined upon individual excellence and dedication as determined by the executive board with approval of the organization’s moderator.
Section III: Participants in mock trial tournaments must be in compliance with all the eligibility requirements as prescribed by AMTA.
Article IV: Elections
Section I: Nominations and elections for the offices of President, Vice President, Finance Chair, and Secretary will take place prior to the final general meeting of the year and no later than the first week of April.
Section II: For the purpose of elections, membership will be defined as people who have participated in at least one-half of the current season’s tournaments. Only members of the current season are able to vote for the next season’s officers. In order to run for the office of President, one must have participated in at least two-thirds of the current season’s activities or hold a current office or have held a previous office within the organization and be eligible for continued membership within the organization for the following season.
Section III: One week prior to election, the nominations are made only for President. Nominations for President have to be made two days before the Presidential election. During the election meeting, a majority of members must be present. After those nominated for President leave the room, any member who wishes to speak on behalf of a nominee may do so. Once that is completed a silent vote is cast, and the moderator will tally the votes and announce the results. The President must be elected by a plurality of the votes cast. In the case that no nominations are made or accepted for the office of President, or the candidates are deemed to be unfit by the current executive board, the organization’s moderator may be required to find someone whom the current executive board must approve of by a majority vote. Criteria for a candidate being unfit pertains to their inability to fulfill the duties of President and or uphold the Creighton Jesuit values.
Section IV: Elections are then held separately for each office in the following order: Vice President, Chief Financial Officer, and Secretary, the week after the nominations for President are cast. During the election meeting, a majority of members must be present. After those nominated for office leave the room, any member who wishes to speak on behalf of a nominee may do so. Once that is completed a silent vote is cast, and the moderator will tally the votes and announce the results. Every office must be elected by a plurality of the votes cast.
Section V: Members previously nominated for other office(s) in which they lost are not excluded from nomination for other office(s) during the current election cycle. Members are then nominated or re-nominated after the finalization of each individual office. Members may only be elected to one office per season. A Member must be present to make a nomination, but a member does not have to be present to be nominated or to win.
Section VI: Absentee voting shall be permitted for only the office of President, contingent on the following:
- Only members, as defined in Section II, shall be permitted to vote.
- Absentee ballots must be submitted no later than noon on the day of elections.
- Only ballots submitted in person to the organization’s moderator will be accepted.
Section VII: For all offices for which an election is held, if more than two candidates are running, and a tie exists between the candidates after an initial vote, a second vote will be held for only the candidates who tied. If a tie persists, it is settled by allowing the President’s vote to count twice.
Section VIII: Power is not transferred until voting has ended for the offices of President, Vice President, Chief Financial Officer, and Secretary. Officers shall take office immediately after the election and shall serve for a period of one year.
Article V: Officers
Section I: The officers of President, Vice President, Chief Financial Officer, Secretary, Blue Team Captain, White Team Captain, and any additional team captain(s) will make up the Executive Board.
Section II: For purposes of identification, the teams will be identified by school colors. In the case of more than two teams, color selection will be left to the discretion of the President. Blue Team Captain will be selected by the newly elected President, Vice President, Chief Financial Officer, and Secretary at the first executive board meeting and the newly selected Blue Team Captain shall take office immediately. The White Team Captain and any additional team captain(s) will be selected by the individual team(s) no later than two weeks following team formation in the fall. Once selected, the Blue Team Captain, the White Team Captain, and any additional team captain(s) will serve as equal officers within the executive board in all procedures.
Section III: A motion to remove an officer from his/her position shall require a vote of a quorum of one-third. Actual removal from office shall require a subsequent vote by a quorum of two-thirds.
Section IV: In the event of a vacancy, a special election will be held according to the procedure as dictated in Article IV, Section II.
Section V: Duties of the officers are as follows:
- The President shall set all general meetings, preside over the meetings, conduct all of the organization’s official business, and preside of the selection of participants in competitions.
- The Vice President shall preside over general meetings in the event of the President’s absence and assist the President in conduction the official business of the organization.
- The Chief Financial Officer shall be responsible for keeping accurate records of all financial matters, collecting dues if required, organizing fundraisers, and representing the organization in all funding meetings.
- The Secretary shall keep official minutes and records for the organization and shall be responsible for distributing and processing information among members.
- Team Captains shall conduct individual team practices, lead teams at tournaments, handle relaying information in regards to the case, and be the liaison between their team and the executive board.
Section VI: Additional duties such as recruitment-related activities, contact with the Creighton student body and the team’s alumni, and technological matters including the website shall be assigned to members of the executive board with the discretion of the President.
Section VII: All officers are required to attend a minimum of three-fourths of all executive board meetings. If such a requirement is not met, he/she shall forfeit that office and a special election will be held according to the procedure as dictated in Article IV, Section II.
Section VIII: Officers shall not be on academic or university probation at the time of their election and throughout the term of their office. Officers must possess a 2.5 QPA and maintain a minimum of a 2.5 QPA to serve during their tenure.
Article VI: Meetings
Section I: A regularly scheduled general meeting of the organization shall be held at least once a month within the constraints of the University calendar.
Section II: A quorum shall be present in order for any official business to be conducted. Official business shall include election of officers, setting of dues, and any other major decisions effecting the organization.
Section III: A quorum shall consist of two-thirds of the regular members.
Article VIII: Finances
Section I: Dues shall be determined by the officers of the organization and are subject to the approval of a majority vote at a meeting of the organization.
Section II: If the organization dissolves, all funds granted by the Creighton Students’ Union would be returned to CSU. All remaining funds will be donated to Creighton University’s Pre-Law Club to enhance the pre-law activities at Creighton University.
Article IX: Parliamentary Procedure
The parliamentary authority shall be the current edition of Robert’s Rules of Order, Newly Revised.
Article X: Ratification
Section I: Ratification of this constitution requires approval of a simple majority of the active members present, the moderator, and the Student Activities Office.
Article XI: Amendments
Section I: All amendments to this constitution require written notice of eight days prior to being voted upon.
Section II: All amendments require a two-thirds vote of a quorum for adoption.
Section III: Amendments become effective only after approval by the organization’s moderator and the Student Activities Office.