Judge Advocates decision

[Guest Harry Kyler]

I belong to a veterans organization. We have a Commander plus other officers and an Executive Board. Our Judge Advocate according to our By-laws interprets our By-laws and Constitution. Recently, he made a decision against what he has upheld for years. We have never let any of our other program organizations to vote upon our business. Our membership several months ago voted on a decision. Unfortunately, our Judge Advocate was upset about this decision because it was something he was for. Has now ruled to let the membership vote again to see if we want to allow our other program organizations to decide upon this decision rather just our immediate members of the parent organization. I feel that there were no by-laws, rules or constitution areas broken and that it is his own personal feelings. I do not think that we have to abide by his decision based upon that. I would like to have some input on this.

Thanks.

Harry

[Chris Harrison]

As far as RONR is concerned it is the body which is authorized to amend the governing documents who has the authority to interpret those documents (RONR pp. 588-589). Since you all have decided to empower a specific officer to do the interpreting (even if to everyone else there appears to be no need for it) you seem to be hamstrung right now. If that is something you all don't like I would recommend that the bylaws/constitution be amended to eliminate the office of Judge Advocate or limit his power.

[sMargaret]

Is the judge-advocate empowered to both interpret the bylaws and rule on any issues? In the more traditional RONR system, the parliamentarian would ADVISE the chair, who would make a ruling. Any ruling of the chair can be appealed by the members, and then things would be settled by majority vote.

Not sure if you could appeal the decision of the Judge Advocate or not.

[Josh Martin]

I belong to a veterans organization. We have a Commander plus other officers and an Executive Board. Our Judge Advocate according to our By-laws interprets our By-laws and Constitution. Recently, he made a decision against what he has upheld for years. We have never let any of our other program organizations to vote upon our business. Our membership several months ago voted on a decision. Unfortunately, our Judge Advocate was upset about this decision because it was something he was for. Has now ruled to let the membership vote again to see if we want to allow our other program organizations to decide upon this decision rather just our immediate members of the parent organization. I feel that there were no by-laws, rules or constitution areas broken and that it is his own personal feelings. I do not think that we have to abide by his decision based upon that. I would like to have some input on this.

This issue deals entirely with your own rules, which (apparently) grant the Judge Advocate the ability to interpret them. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. It's possible that there are limits or checks and balances or something built into your Bylaws, but you'll have to read them to know for sure. In particular, you might want to look at how the Judge Advocate is appointed and how he can be removed.

I agree with Mr. Harrison that in the long-term, you may want to rethink whether giving a single person the sole authority to interpret your rules is a good idea.