XI Public Statements

57. On Behalf of the Association

  1. Statements on matters of policy and public interest on behalf of the Association are the prerogative of the President and, in the President's absence, the Vice President.
  2. Such matters shall be supported by a resolution adopted at a General Meeting of the Association or in accordance with this Bylaw or the Bylaw in force at the time it was adopted.
  3. Where there is no relevant resolution, the subject shall be referred to Board of Directors for consideration whenever practicable. The statement may be approved by the Board or referred to a General Meeting of the Association.
  4. When the subject matter is, in the opinion of the President, of sufficient importance and urgency that a statement cannot await the direction of the Board of Directors or a General Meeting of the Association, then the statement may be approved:
    1. by the President and Vice President where practicable;
    2. failing that, by the President alone. 

58. By Sections

  1. Section Chairs may make statements on matters of policy and public interest supported by a resolution adopted at a General Meeting of the Association, or in accordance with this Bylaw or the Bylaw in force at the time it was adopted.
  2. Where there is no relevant resolution, a statement shall be supported by the Section Executive and approved by the Policy Committee of the Board.
  3. Where it is not practicable to comply with paragraph 58(2), supported by the Section Executive and approved by the President, provided that the statement is clearly attributed only to the Section and not to the Association. 

59. Judicial Members

Any resolution or statement of the Association on a matter of policy or public interest shall not be construed as the position of the Judges Section or of any Judicial member.

60. Conflict of Interest

  1. Every member preparing, commenting on, approving or presenting a public statement on behalf of the Association or a Section must disclose on a confidential basis to the Chief Executive Officer or designate, any material interest in the subject matter of the statement by specific employment or representation of a client, as soon as the interest becomes apparent to the member;
  2. Where the member is of the view that disclosing the material interest is not appropriate, the member shall withdraw from preparing, commenting on, approving or presenting the public statement.