Article XII - Judicial Committee

Section 1.      Term of Office.

After a charge is properly filed (Article XII, Section 4), the Statewide President will chair the committee. If the Statewide President is a participant in the charge, the Vice President will become the Chair. The Chair will appoint 12 additional members to the Committee who are not currently serving on the Board of Directors. Terms will expire following the rendering of the committee’s decision or the Board of Directors’ appeal decision, whichever is later.

Section 2.      Selecting Hearing Body.

In any case coming before the Judicial Committee, the Judicial Committee Chair shall send a list of the names of the members of the Judicial Committee to the accuser and the accused. Within 30 days thereafter, each party shall have the opportunity to delete three names from the list of Judicial Committee members, by written notification to the Judicial Committee Chair. From the names remaining, the Chair shall appoint one member of the Judicial Committee to serve as the hearing officer, who shall conduct the hearing.

Section 3.      Documentation of Decisions.

Decisions of the Judicial Committee shall be in writing, and shall include at least the following separate items:

1. A statement of charges;
2. A summary of the evidence in support of the charges;
3. A summary of the evidence in refutation of the charges;
4. A finding of facts;
5. A conclusion of proceedings;
6. The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.

Section 4.      Communication of Decisions.

A copy of the decision of the Judicial Committee shall be transmitted to the accuser, the accuser’s counsel of record, the accused, the accused’s counsel of record, and each member of the Judicial Committee.

Section 5.      Notice.

A written communication or required notice to the Judicial Committee or any member thereof shall be sent to the Judicial Committee Chair at the MAPE Central office.

Section 6.      Reporting.

Each Judicial Committee shall submit a written summary of its actions to the next regular Delegate Assembly.  All Delegates shall receive a copy of the report. Such a summary shall include a listing of all cases referred to it, a description of the major issues involved, and the judgments of the Committee. The Committee report shall call attention to pertinent omissions or ambiguities in governing documents and policies and may offer recommendations.

Section 7.      Staff Assistance.

The Judicial Committee shall be provided with staff assistance and facilities as are necessary and appropriate to the proper functioning of the Judicial Committee in accordance with policies established by the MAPE Board of Directors.