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Sec. 32. The Committee on Admissions shall consist of nine members. All applications for membership shall be referred to this committee. They shall report to the Association the names of such persons as they deem suitable for membership, and shall seek to bring in all the lawyers of the State fitted to become members. What occurs at the meetings of this committee shall be considered confidential, except such matters as shall be publicly reported to the Association. Any ten members may appeal, in writing, to the Association from the failure or refusal of this committee to report favorably any application for membership.
Sec. 33. The Committee on Grievances shall consist of nine members. They shall hear all complaints preferred by one member against another for misconduct in his relations to the profession or to this Association, provided the same be in writing, particularly stating the matters complained of, and signed by the complainant. They may also hear any specific complaints made by any member, affecting the interest of the profession, the practice of law or the administration of justice; and may report thereon to the Association, with such recommendations as they deem advisable. No report shall be made adversely to any member until after notice to him, with full opportunity to defend and to meet his accusers and witnesses face to face. The adverse action of this committee must be approved by a vote of not less than two-thirds of the members present and voting. It shall also be the duty of this committee to institute and carry forward all measures necessary for the maintenance of a high standard of professional integrity and honor, by opposing the admission to the bar of incompetent, dishonest and immoral persons, and by instituting proceedings for the expulsion from the bar of members thereof, guilty of improper, immoral or dishonest conduct. What occurs at the meetings of this committee shall be considered confidential, excepting such matters as shall be publicly reported to the Association.
Sec. 34. The Committee on Law Reform shall consist of seven members. They shall consider and report to the Association such amendments of the law as they shall deem beneficial, oppose such as they shall deem injurious, observe the practical working of the judicial system of the State, and recommend from time to time such action as they shall deem best.
Sec. 35. The Committee on Legal Education shall consist of tive members. They shall report from time to time such changes as they shall deem it expedient to make in the system of legal education and of admission to the practice of law in the State.
Sec. 36. The Committee on Legal Biography shall consist of five members. They shall provide for the preservation, among the records of the Association, of such facts relating to the history of the profession as may be of interest, and of suitable memorials of the lives and characters of deceased members of the Association.
Sec. 37. All standing committees and vacancies therein shall be filled by appointment of the President, he designating the chairman, to serve until the expiration of the next annual meeting and the appointment of their successors. They shall make rules for their government, keep minutes of their proceedings, and make annual reports to the Association. They may provide, by rule, that formal matters requiring attention between meetings may be voted on by letter, and that a failure of any member to attend three successive meetings shall cause his membership in the committee to become vacant. The rules adopted by one committee shall govern the succeeding committees until altered.
Sec. 38. Such other committees may be appointed or elected from time to time as shall be deemed expedient; but, except by a vote of the Association, no matter shall be referred to a special committee which is within the province of any of the standing committees.
Sec. 39. A majority of any committee shall constitute a quorum. In case of necessity, the annual report of the standing committees may be prepared and adopted by less than a quorum (the necessity therefor being shown, however, by the report).
VII. DUES. Sec. 40. The current year of the Association shall commence on the first day of July, and the annual dues shall be payable on that date. Active members shall pay five dollars per year. The admission fee shall be five dollars, and shall include the first vear's
dues. Honorary members shall pay no admission fee or dues. Active members who become non-resident of Colorado shall thereafter pay no dues.
Sec. 41. The Treasurer shall, after diligently seeking to collect the same, and with notice to the member of this By-Law, report to the Executive Committee the names of all members who are one year in arrears for their dues, and that committee may, by rule or direct vote on that report, declare that, by reason thereof, such persons have ceased to be members of the Association.
Sec. 42. Any member may be suspended or expelled for misconduct in matters connected with the Association, or in his personal or professional relations, after conviction thereof by the Committee on Grievances, and the approval of such conviction by this Association.
Sec. 43. If any member is disbarred from practice in the Supreme Court, such disbarment shall work a forfeiture of his membership until the disbarment be set aside or reversed. Reinstatement to practice shall not reinstate to membership, unless by a vote of the Association upon recommendation of the Committee on Admissions.
Sec. 14. A member's interest in the property of the Association shall cease with his membership.
Sec. 45. Amendments may be made to these By-Laws only at an annual meeting, and by a vote of two-thirds of the members present; and no amendment shall be considered (except by unanimous consent of those present) unless a copy of the same shall have been sent to the Secretary, and notice of the intention to offer the same shall have been included in the call for the annual meeting.
CODE OF ETHICS.
The purity and efficiency of judicial administration which, under our system, is largely government itself, depend as much upon the character, conduct and demeanor of attorneys in this great trust, as upon the fidelity and learning of courts, or the honesty and intelligence of juries.
"There is, perhaps, no profession after that of the sacred ministry, in which a high-toned morality is more imperatively necessary than that of the law. There is certainly, without any exception, no profession in which so many temptations beset the path to swerve from the line of strict integrity; in which so many delicate and difficult questions of duty are constantly arising. There are pitfalls and man-traps at every step, and the mere youth, at the very outset of his career, needs often the prudence and self-denial, as well as the moral courage, which belong commonly to riper years. High moral principle is his only safe guide; the only torch to light his way amidst darkness and obstruction."-Sharswood.
No rule will determine an attorney's duty in the varying phases of every case. What is right and proper must, in the absence of statutory rules and authoritative code, be ascertained in view of the peculiar facts, in the light of conscience, and the conduct of honorable and distinguished attorneys in similar cases, and by analogy to the duties enjoined by the statute, and the rules of good neighborhood.
The following general rules are adopted by the Colorado Bar Association for the guidance of its members:
DUTY OF ATTORNEYS TO COURTS AND JUDICIAL OFFICERS 1. The respect enjoined by law for courts and judicial officers is exacted for the sake of the office, and not for the individual who administers it. Bad opinion of the incumbent, however well founded, can not excuse the withholding of the respect due the office, while administering its functions.
2. The properties of the judicial station, in a great measure, disable the judge from defending himself against strictures upon his official conduct. For this reason, and because such criticisms tend to impair public confidence in the administration of justice, attorneys should, as a rule, refrain from published criticism of judicial conduct, especially in reference to causes in which they have been of counsel, otherwise than in courts of review, or when the conduct of a judge is necessarily involved in determining his removal from or continuance in office.
3. Marked attention and unusual hospitality to a judge, when the relations of the parties are such that they would not otherwise be ex
tended, subject both judge and attorneys to misconstruction, and should be seduously avoided. A self-respecting independence in the discharge of the attorney's duties, which at the same time does not withhold the courtesy and respect due the judge's station, is the only just foundation for cordial personal and official relations between bench and bar. All attempts by means beyond these to gain special personal consideration and favor of a judge are disreputable.
4. Courts and judicial officers, in their rightful exercise of their functions, should always receive the support and countenance of attorneys against unjust criticism and popular clamor; and it is an attorney's duty to give them his moral support in all proper ways, and particularly by setting a good example in his own person of obedience to law.
5. The utmost candor and fairness should characterize the dealings of attorneys with the courts and with each other. Knowingly citing as authority an overruled case, or treating a repealed statute as in existence; knowingly misquoting the language of a decision or text-book; knowingly misquoting the contents of a paper, the testimony of a witness, or the language or argument of opposite counsel; offering evidence which it is known the court must reject as illegal, to get it before the jury, under guise of arguing its admissibility, and all kindred practices, are deceits and evasions unworthy of attorneys.
Purposely concealing or withholding in the opening argument positions intended finally to be relied upon, in order that opposite counsel may not discuss them, is unprofessional. Courts and juries look with disfavor on such practices, and are quick to suspect the weakness of the cause which has need to resort to them.
In the argument of demurrers, admission of evidence, and other questions of law, counsel should carefully refrain from “side-bar" remarks and sparring discourse, to influence the jury or bystanders. Personal colloquies between counsel tend to delay, and promote unseemly wrangling. and ought to be discouraged.
6. Attorneys owe it to the courts and the public whose business the courts transact, as well as to their own clients, to be punctual in attendance on their causes; and whenever an attorney is late he should apologize or explain his absence.
7. One side must always lose the cause, and it is not wise or respectful to the court for attorneys to display temper because of adverse ruling.
DITY OF ATTORNEYS TO EACH OTHER. TO CLIENTS AND TO THE PUBLIC.
8. An attorney should strive, at all times. to uphold the honor, maintain the dignity and promote the usefulness of the profession; for it is so interwoven with the administration of justice that whatever redounds to the good of one advances the other, and the attorney thus discharges, not merely an obligation to his brothers, but a high duty to the state and his fellowmen.
9. An attornev should not speak slightingly or disparagingly of his profession, or pander in any way to unjust popular prejudices against it;