TRIALS AND TRIBULATIONS

A Look At Some of the Principles behind Disciplinary Procedures

within Roberts Rules of Order (11th ed.)

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.

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

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.

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?

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

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.

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

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.

5 Basic Steps to the Disciplinary Process:

1. Confidential investigation by committee

2. Report of Committee – referral of charges

3. Formal notification of the accused

4. Trial5. Assembly review of

trial committee’s findingsSee page

656

A Final Thought…….

“A judge is a law student who marks his own examination papers.”

H. L. Mencken