BYLAWS RESOLUTION #2
2013 ANNUAL CONVENTION
Hartford, Connecticut
To Amend NFPA’s Membership Criteria to Exclude Convicted Felons andParalegals on Criminal Probation From Membership Eligibility.
Submitted by:Ann Price Hodges, RP®, Primary Delegate and
Kathi P. Ingram, RP, Secondary Delegate and President of the Paralegal Association of Northern Virginia
Association: Paralegal Association of Northern Virginia
Bylaw:Article III, Section 3.3 (A)(e) & (E)(1)(b)
History:NFPA Delegates have been enacting resolutions concerning character and fitness of paralegals, including incarcerated paralegals for many years. The first known Resolution regarding inmates was Resolution 96M-5 which was followed shortly thereafter by Resolution 98M-1 and 98M-3. NFPA Delegates have long been concerned about incarcerated paralegals joining NFPA and they took action to stop that from happening.
Current Situation: Despite a long history of discussing incarcerated paralegals as members of NFPA, to date, the Delegates have not enacted any resolutions that would also preclude convicted felons or those former inmates serving a probationary sentence from joining NFPA. It is likely these groups were also intended to be included in the “incarcerated” prohibition but the existing Resolutions do not specifically state that. Accordingly, The Paralegal Association of Northern Virginia is bringing this topic to the Delegates at the 2013 Convention to clarify the language in these prior resolutions and to amend the Bylaws accordingly.
Several member associations have been contacted by persons either in jail or that have had a prior felony conviction and have served time. Many of these individuals that have contacted local member associations have sought membership in the association since they have, in many cases, been reading books in the prison law library and/or performing legal work themselves.
Recently, our association was contacted by a person with a conviction for a felony involving crimes against minor children. That person attempted to join the member association and did not disclose his current incarceration status and conviction. An alert board member did some research and found the subject currently incarcerated in a federal prison facility. A Google check on the individual disclosed that he had a website and had already listed membership in our association as well as belonging to several committees (which are non-existent). Wepromptly denied membership due to the currently incarcerated status of the individual, but in support of its denial of membership, the local association looked to the National Federation of Paralegal Associations’ membership criteria to support the denial of membership. Surprisingly, it was discovered that NFPA’s membership is only denied to those currently incarcerated. That led our Board to question whether this individual would attempt to join either our association or NFPA once he is out on probation.
There are no current provisions to deny NFPA membership to an individual that has been convicted of a felony (which could include anything from embezzling to child pornography to murder, to terrorism, etc.). Under the existing Bylaws, a just released convicted felon could seek NFPA membership as an individual sustaining member even if they had committed a heinous crime. As long as they were not currently incarcerated, they would be eligible for NFPA membership as the Bylaws are presently written. While acknowledging the possibility of rehabilitation, and the fact that a person who has served time might have learned from mistakes, felony convictions are serious and we would not want a paralegal so convicted to represent him/herself as a member of “the Leader of the Paralegal Profession.” That would weaken the image we want to portray as a member association of NFPA. NFPA holds its members to the highest ethical standards and is held in high regard by the other members of the legal community. Moreover, it would seem to be directly contradictory to the Resolutions previously passed by the NFPA delegates.
Amending NFPA’s membership Bylaws to Include a Prohibition of Paralegal Members who have Been Convicted of a Felony is Consistent With the NFPA Model Code of Ethics. As currently worded,NFPA membership is only excluded for those paralegals currently incarcerated. Yet, the NFPA Model Code of Ethics goes far beyond that and advocates over and over for honesty and a very high level of personal and professional integrity for paralegals. A paralegal who has been convicted of a felony or who has served time would not likely meet that standard. For example, Rule 1.2 which states that “[a] paralegal shall maintain a high level of personal and professional integrity” includes comments from EC- 1.2(e) that paralegals should be “scrupulous, thorough and honest….” Similarly, Rule 1.3 which states “[a] paralegal shall maintain a high standard of professional conduct” includes notes from EC-1.3 that state: “[a] paralegal shall avoid impropriety and the appearance of impropriety and shall not engage in any conduct that would adversely affect his/her fitness to practice. Such conduct may include, but is not limited to: violence, dishonesty, interference with the administration of justice, and/or abuse of a professional position or public office.” A prior felony conviction would at a minimum rise to the appearance of impropriety. Model Code Rule 1.6 regarding conflicts of interest includes references to EC-1.6(a) “[a] paralegal shall act within the bounds of the law . . . .”
Amending NFPA’s membership Bylaws to Include a Prohibition of Paralegal Members who Have Been Convicted of A Felony is Consistent with Prior Resolutions Enacted by NFPA Delegates. As set forth below, there is a history of the NFPA Delegates enacting Resolutions to prohibit incarcerated individuals from joining NFPA. In 2001, the NFPA delegates amended Resolution 98-1 so that NFPA advocates that practicing paralegals meet the following Character and Fitness Criteria: Any paralegal shall be of good moral character, which means that such person: (a) Not have been convicted of a felony or comparable crime as defined by an individual state or jurisdiction that does not have a felony designation; (b) Not have been suspended or disbarred from the practice of law in any state or jurisdiction; (c) Not have been convicted of the unauthorized practice of law in any state or jurisdiction[.]”
Resolution 01S-09 further refines these character and fitness criteria for paralegals: “NFPA advocates that practicing paralegals meet the following Character and Fitness Criteria: Any practicing paralegal shall be of good moral character, which means that such person: a.Has not been convicted of a felony or comparable crime as defined by an individual state that does not have felony designations; OR b. has not been suspended or disbarred from the practice of law in any jurisdiction; OR c. Has not been convicted of the unauthorized practice of law in any jurisdiction; OR d. Has not been convicted of any of the following acts: 1) fraud or deceit;
2) dishonesty, fraud or willful, wanton misconduct resulting in negligence; 3) deception, misrepresentation or unethical conduct; 4) violation of any section of the NFPA Model Code of Ethics or e. For reasons of misconduct, is not currently under suspension, termination, or revocation of a certificate, registration, or license to practice by a professional organization, court, disciplinary board, or agency in any jurisdiction[.]”
Amending NFPA’s membership Bylaws to Include a Prohibition of Paralegals Who Have Been Convicted of a Felony is Consistent with the Character And Fitness Requirements for Both of the NFPA Paralegal Certification Exams. It does not make sense for NFPA to have more stringent requirements for Character and Fitness requirements for its certification exams (which are open to any paralegal meeting the education/experience criteria) than it does for basic membership in the organization itself. While it is entirely appropriate for NFPA to set educational and work experience criteria for its paralegal certification exams that exceed that required for general membership, character and fitness is something else entirely and should be expected – and demanded – of ALL NFPA members, whether they take the certification exams or not. We believe that the language used in the eligibility requirements for character and fitness for both of the NFPA paralegal certification exams is a good model for the NFPA membership as a whole.
Character and Fitness Requirements
Candidates making application to take PACE may be disqualified for any one of the following reasons: 1. Conviction of a felony or comparable crime as defined by an individual state that does not have a felony;
PACE Candidates Handbook, p.4.
Recognizing the possibility of rehabilitation,and in the spirit of giving an individual a second chance, NFPA membership rules should include a provision whereby an individual denied membership in NFPA by virtue of a felony conviction could petition the NFPA Ethics Board for an exemption. The NFPA Ethics Board could then make a recommendation to the NFPA Board of Directors who shall ultimately have the authority to determine whether to grant an exemption to the prospective member excluded by virtue of a felony conviction. Indeed, Resolution 01S-09 provides for the possibility of rehabilitation: “Be it further resolved, when considering an appeal, the appropriate appellate body should also consider, but shall not be limited to, the nature of the act, rehabilitation, the time that has transpired since the act, and any other extraordinary circumstances.”
Strategic Long-Range Plan: Although increasing membership in NFPA is one of the current and long term goals of the Association as set out in the Strategic Plan, allowing convicted felons, regardless of whether they are currently incarcerated or not, as members are not in NFPA’s best interest and it goes against Resolutions enacted by NFPA Delegates. NFPA must maintain the highest ethical standards if it will remain the “leader of the paralegal profession” in the eyes of its members, the legal community and the general public.
Detailed Description of Recommendation:NFPA Delegates should amend the existing Bylaw provisions that prohibit incarcerated paralegals from becoming NFPA members to include language that would incorporate convicted felons and those former inmates on probation. See draft Resolution below.
Pros:Amending the membership criteria as set forth above would be consistent with NFPA’s Model Code of Ethics, Character and Fitness criteria for its certification exams, and would enhance the credibility of member paralegals in the eyes of the legal community and the consuming public. Amending the membership criteria to exclude those currently on probation or who have been convicted of a felony would strengthen the integrity of the association as a whole. Amending the membership bylaws as outlined above would further allow local associations when faced with applications from convicted felons, or those on probation seeking membership, to cite to the regulations of the national association to whom they belong. It would bring membership requirements for character and fitness in line with the NFPA Model Code of Ethics and Professional Responsibility and be consistent with prior resolutions regarding character and fitness of paralegals and the character and fitness requirements for the NFPA paralegal certification exams.
Cons:This might exclude some potential members from joining NFPA. However, any rehabilitated person could petition NFPA for an exemption to allow membership. Denial of membership to a paralegal convicted of a felony would enhance the integrity of NFPA membership far more than the probative harm that would come from denial of convicted felons.
One other potential area of concern might be if some local member associations already have convicted felons or paralegals on probation among their membership. Such a problem could be alleviated if these members (who are expected to be few in number, if any) could be grandfathered into NFPA membership and therefore would not be affected.
Financial Cost:Minimal. Financial cost would include the cost, if any, by the management company to update the membership criteria givenon the NFPA website about NFPA membership. In addition, there would be some cost included in updating paper brochures that are currently in stock. It is not known how many paper brochures regarding membership are currently in NFPA’s possession so we are unable to estimate the financial impact passing this Resolution would have on the Association. NFPA could potentially exhaust its current supply of brochures and if so, the change could be included in the next batch.
Number of Volunteers and Estimate of Hours Needed: 1 hour or less. The Vice President and Director of Membership could be tasked with identifying the appropriate areas in the Bylaws that would need the change and the Webmaster could be tasked with making the changes in the appropriate on-line resources that describe the membership criteria for NFPA.
Proposed Bylaw Amendment:
WHEREAS NFPA has enacted numerous prior resolutions involving character and fitness requirements for paralegals that state paralegals (a) should not be convicted of a felony or comparable crime; (b) be of good moral character; (c) not been convicted of fraud or deceit, dishonesty, or willful, wanton misconduct resulting in negligence, deception, misrepresentation or unethical conduct; and
WHEREAS NFPA has enacted a Model Code of Ethics and Professional Responsibility to include character and fitness requirements, it is
RESOLVED, that Article III, Section 3.3(A)(e) of the NFPA Bylaws shall be amended to read “voting members of voting associations shall be paralegals in good standing who are not incarcerated or who have not been convicted of a felony or a comparable crime as defined by a state that does not have a felony designation.” (ALTERNATIVELY, this provision should be changed as follows: “voting members of voting associations shall be paralegals in good standing who are not incarcerated or on probation.”), AND
RESOLVED, that Section 3.3(E) (1)(b) of Article III the NFPA Bylaws should be amended as follows:
“Individual sustaining members-at-large shall be paralegals who are not incarcerated, on probation, or convicted of a felony or a comparable crime as defined by a state that does not have a felony designation” AND
RESOLVED that Article III, Section 3.3(A)(e) shall be amended to include “(iii) Paralegals who are current voting members of their local associations as of October 31, 2013 who are currently on probation or have been convicted of a felony are grandfathered in as to membership eligibility in NFPA voting member associations, AND
RESOLVED that Article III, Section 3.3(E)(1) be amended to include subparagraph (d) to state: Any paralegal excluded from membership under the provisions of Article III, Section 3.3.(E)(1)(b) because of a felony conviction or probation status shall have the right to petition the NFPA Ethics Board, provided that such petition is received in NFPA Headquarters in writing within 30 days from the date of denial of membership. The NFPA Ethics Board shall weigh the merits of the petition, and make a recommendation to the Supervising Board Member who shall bring up the matter for a final determination by the NFPA Board of Directors.
State any known legal implications: None known. Due process is provided for by allowing local members who are convicted felons or on probation to continue their membership unaffected by these changes, and by a provision to allow individuals denied individual sustaining membership to petition NFPA for an exemption to allow membership despite a felony conviction or probation status.
Have you reviewed NFPA’s Bylaws, Policy Manual and/or Procedures Manual to determine if there are any conflicts? Yes X No If yes, please provide details. See prior resolutions below.
A Bylaw Resolution must include all previous resolutions relating to the subject. When a specific resolution is submitted, it must specifically include the wording of any previous resolutions, in order to alleviate the presumption the previous resolutions are rescinded in total.
Numerous prior bylaw amendments have dealt with membership criteria. None, however, addressed convicted felons or those persons on criminal probation.
Prior Resolutions:
RESOLUTION 96M-5
MOVED that the board of directors direct the appropriate committee to conduct the necessary research and develop a policy on NFPA's position on prison inmate paralegals for consideration at the 1997 annual meeting.
RESOLUTION 98-1
Character and Fitness Criteria Policy
NOW THEREFORE BE IT RESOLVED, that NFPA advocates that practicing paralegals meet the following character and fitness criteria:
Any practicing paralegal shall:
(a) Not have been convicted of a felony or comparable crime as defined by an individual state or jurisdiction that does not have a felony designation;
(b) Not have been suspended or disbarred from the practice of law in any state or jurisdiction;
(c) Not have been convicted of the unauthorized practice of law in any state or jurisdiction;
(d) For reasons of misconduct, not be currently under suspension, termination or revocation of a certification, registration, license to practice by a professional organization, court, disciplinary board, or agency in any jurisdiction.
BE IT FURTHER RESOLVED, that all NFPA's prior resolutions that delineate character and fitness criteria policies be changed to conform with this resolution.
Resolution 98-M3
WHEREAS, the National Federation of Paralegal Associations ("NFPA") recognizes the need for professional standards; and
WHEREAS, Resolution 96M-5 was established to direct the Ad Hoc Committee on Paralegal Inmates to conduct the necessary research and develop a policy on NFPA's position on prison inmates paralegals for consideration at the 1997 annual meeting;
WHEREAS, there is a need to monitor the current situation affecting department of corrections across the country whereby prison law libraries are being closed down, legal resource collections are being reduced within these facilities and contract paralegals are being hired to provide inmates with legal assistance;
NOW THEREFORE BE IT RESOLVED, that the board of directors direct the committee on paralegal inmates to conduct the necessary research and/or at the least, monitor the issue of contract paralegals providing services to inmates to ascertain the following information:
1. Determine the roles & responsibilities of the contract paralegals hired within department of corrections;
2. Determine the scope of those responsibilities and education and/or other requirements of employment required to perform these services;