Expulsion and Censure Actions Taken by the Full Senate Against Members
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Appeal/Grievance Process – Member Appeals Committee Responsible Party: T
_________________________________________ APPROVAL as appropriate: Board _________ Exec Dir _________ Med Dir _________ Other Dir/Mgr _________ _________________________________________ REVIEWED BY LEGAL COUNSEL Yes ___ No ___ Date: x Name: x __________________________________________ POLICY STATUS: _x__ Approved ___Pending Policy and Procedure Title: Appeal/Grievance Process – Member Appeals Committee Responsible Party: T. Rumler/S. Sinnett Div/Dept/Serv Area: Member Services Volume: III Number: INS.MS.001 Date of Issue: 6/93 Page 1 of 8 Formerly A2a.015 (7/08)/MS.001 (4/12) NCQA UM 8 A PURPOSE: The purpose of this policy is: 1. To document the role of the Member Appeals Committee in the grievance process of Group Health Cooperative of South Central Wisconsin (GHC-SCW). 2. To document the policies and procedures for thorough, appropriate and timely registering and resolution of member appeals. DEFINITIONS: 1. Adverse Determination means an adverse benefit determination [as defined in 29 CFR 2560.503-1], as well as any rescission of coverage, as described in § 147.128 (whether or not, in connection with the rescission, there is an adverse effect on any particular benefit at that time). 2. Appeal/Grievance means a request for GHC-SCW to review an Adverse Determination. 3. Post-Service Appeal means a request to change an Adverse Determination for care or services that have already been received by the member. 4. Pre-Service Appeal is a request to change an Adverse Determination for care or service that GHC-SCW must approve, in whole or in part, in advance of the member obtaining care or services. POLICY: 1. The Member Appeals Committee is the adjudicating body for GHC-SCW’s grievance process. -
Congressional Self-Discipline: the Power to Expel, to Exclude and to Punish
Fordham Law Review Volume 41 Issue 1 Article 2 1972 Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish Gerald T. McLaughlin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Gerald T. McLaughlin, Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish, 41 Fordham L. Rev. 43 (1972). Available at: https://ir.lawnet.fordham.edu/flr/vol41/iss1/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish Cover Page Footnote Associate Professor of Law, Fordham University. Professor McLaughlin received his B.A. from Fordham University, and his LL.B from New York University, where he was Managing Editor of the Law Review. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol41/iss1/2 CONGRESSIONAL SELF-DISCIPLINE: THE POWER TO EXPEL, TO EXCLUDE AND TO PUNISH GERALD T. McLAUGHLIN* R ECENT events have again focused attention on Congress' power to discipline its members for personal misconduct. On April 19, 1972, the House Committee on Standards of Official Conduct1 recommended that Texas Representative John Dowdy be stripped of his right to vote on the floor of the House or in committee as a result of his conviction for bribery and perjury.2 On that same day, two Senators argued before the Supreme Court that the Constitution forbids the executive branch from investigating the official conduct of a member of Congress, and delegates all responsibil- ity for punishing members' wrongdoing to each house of Congress.3 Finally, on June 29, 1972, a Supreme Court majority in United States v. -
Michigan Parliamentarian Publication of the Michigan State Association of Parliamentarians March 2018
The Michigan Parliamentarian Publication of the Michigan State Association of Parliamentarians March 2018 Greetings MSAP Members: I welcome you to join members, guests and friends as we gather to celebrate 50 years of the Michigan State Association of Parliamentarians at the Annual Meeting at Zehnders Restaurant in Frankenmuth on Saturday, April 14, 2018. This year’s meeting, hosted by the Genesee Area Unit, is guaranteed to be worth the trip to historic Frankenmuth. Not only for the great venue, and outstanding educational sessions but also to see old friends and make new ones as we celebrate 50 years as a state association. All the details you need to register are included in this edition of the newsletter. I think it would be fun to gather comments and stories about your best experience and fondest memories as a member of MSAP. Send them to me at [email protected]; or mail me a note to 628 N. Kalamazoo St, Paw Paw MI 49079. I will compile and share them at the annual meeting. If you can, plan to make it a weekend in Frankenmuth because on Friday, April 13, The Michigan United of Registered Parliamentarians will be holding their annual meeting with dinner followed by the quarterly meeting of MSAP and an educational lesson. Read on for more details for these meetings plus lodging information. I look forward to seeing you all in Frankenmuth in April! Julie Pioch, PRP MSAP President 1 | Page Updates MEETINGS – PAST, PRESENT, AND FUTURE MSAP celebrates its golden anniversary Submitted by: Gretchen Denton, MSAP Education Committee Chair The Michigan State Association of Parliamentarians is fifty years old in 2018 and its annual meeting will reflect that past, present, and future in its workshops with three topics that are important whether you’re a 50-year member or embarking on your parliamentary journey. -
1 Certified for Publication in the Court Of
Filed 8/17/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY AND COUNTY OF SAN A160659 FRANCISCO, Plaintiff and Respondent, (City & County of San Francisco Super. Ct. No. CGC-18-569987) v. ALL PERSONS INTERESTED IN ORDER MODIFYING OPINION; THE MATTER OF PROPOSITION AND ORDER DENYING G (NOWAK), PETITION FOR REHEARING Defendants and Appellants. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on July 26, 2021, be modified in the following particulars: 1. On page 4, line 17, the sentence beginning “By mid-November 2017” is deleted and replaced with the following sentence: By Autumn 2017, the District and Union were considering whether the parcel tax could be proposed as a citizens’ initiative. 2. On page 24, lines 3 and 4, the clause “Without disputing that Proposition G met the criteria set forth in the Charter” is deleted and replaced with the following clause: Without disputing that Proposition G met the criteria set forth in Section 14.101 of the Charter . Pollak, P.J., Tucher, J. and Brown, J. participated in the decision. 1 These modifications do not effect a change in the judgment. Appellant’s petition for rehearing is denied. Dated:___________________ _______________________ P.J. 2 Trial Court: City & County of San Francisco Superior Court Trial Judge: Hon. Ethan P. Schulman Counsel for Appellants: Greenberg Traurig: Bradley R. Marsh and Colin W. Fraser Counsel for Amicus Curiae Howard Jarvis Taxpayers Foundation; on behalf of Appellants: Jonathan M. Coupal, Timothy A. -
Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
Petitioner's Brief
DO NOT REMOVE Fl co 1 IN THE SUPREME c8 ,~ 6 · f PPEALS OF THE STATE OF WEST VIRGINIA r,:~::::;-;;aM-AY~ ~- - """:(g~~-- 5 2020 0 LAWYER DISCIPLINARY BOARD, EDYTHE NASH GAISER CLERK SUPREME COURT OF APPEALs OF WEST VIRGINIA Petitioner, v. No. 18-0101 McGINNIS E. HATFIELD, JR., Respondent. BRIEF OF THE LAWYER DISCIPLINARY BOARD Rachael L. Fletcher Cipoletti [Bar No. 8806] Chief Lawyer Disciplinary Counsel [email protected] Renee N. Frymyer [Bar No. 9253] Lawyer Disciplinary Counsel [email protected] Office of Lawyer Disciplinary Counsel City Center East, Suite 1200C 4700 MacCorkle Avenue, S.E. Charleston, West Virginia 25304 (304) 558-7999 (304) 558-4015 - facsimile TABLE OF CONTENTS TABLE OF AUTHORITIES .... .. ..... ... ..... ..... .... ... .... ... .... .. ...... .. 111 I. STATEMENT OF THE CASE ..... ........ .. ...... ... .... .. ..... ....... 1 A. NATURE OF PROCEEDINGS AND RECOMMENDATION OF THE HEARING PANEL SUBCOMMITTEE ... .. ..... .... ... .... ....... 1 B. FINDINGS OF FACT ... .. .............. .. ..... ..... ... .... .. ...... 2 C. CONCLUSIONS OF LAW . .. ..... .... ...... ... .... ... ..... ..... .. .. ... 8 IL SUMMARY OF ARGUMENT . .. ...... ... ...... ... ..... .. .... ... ..... .... 9 III. STATEMENT REGARDING ORAL ARGUMENT AND DECISION ......... .... 10 IV. ARGUMENT ............ .... ... .. ... ...... .. ..... .. ..... .. ....... 10 A. STANDARD OF PROOF . ...... ........ ...... .. ..................... 10 B. ANALYSIS UNDER RULE 3.16 OF THE RULES OF LAWYER DISCIPLINARY PROCEDURE .................... ..... 11 1. Respondent -
Points of Order; Parliamentary Inquiries
Points of Order; Parliamentary Inquiries A. POINTS OF ORDER § 1. In General; Form § 2. Role of the Chair § 3. Reserving Points of Order § 4. Time to Raise Points of Order § 5. Ð Against Bills and Resolutions § 6. Ð Against Amendments § 7. Application to Particular Questions; Grounds § 8. Relation to Other Business § 9. Debate on Points of Order; Burden of Proof § 10. Waiver of Points of Order § 11. Withdrawal of Points of Order § 12. Appeals B. PARLIAMENTARY INQUIRIES § 13. In General; Recognition § 14. Subjects of Inquiry § 15. Timeliness of Inquiry § 16. As Related to Other Business Research References 5 Hinds §§ 6863±6975 8 Cannon §§ 3427±3458 Manual §§ 627, 637, 861b, 865 A. Points of Order § 1. In General; Form Generally A point of order is in effect an objection that the pending matter or proceeding is in violation of a rule of the House. (Grounds for point of order, see § 7, infra.) Any Member (or any Delegate) may make a point of order. 6 Cannon § 240. Although there have been rare instances in which the Speaker has insisted that the point of order be reduced to writing (5 633 § 1 HOUSE PRACTICE Hinds § 6865), the customary practice is for the Member to rise and address the Chair: MEMBER: Mr. Speaker (or Mr. Chairman), I make a point of order against the [amendment, section, paragraph]. CHAIR: The Chair will hear the gentleman. It is appropriate for the Chair to determine whether the point of order is being raised under a particular rule of the House. The objecting Member should identify the particular rule that is the basis for his point of order. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
K:\Fm Andrew\21 to 30\27.Xml
TWENTY-SEVENTH CONGRESS MARCH 4, 1841, TO MARCH 3, 1843 FIRST SESSION—May 31, 1841, to September 13, 1841 SECOND SESSION—December 6, 1841, to August 31, 1842 THIRD SESSION—December 5, 1842, to March 3, 1843 SPECIAL SESSION OF THE SENATE—March 4, 1841, to March 15, 1841 VICE PRESIDENT OF THE UNITED STATES—JOHN TYLER, 1 of Virginia PRESIDENT PRO TEMPORE OF THE SENATE—WILLIAM R. KING, 2 of Alabama; SAMUEL L. SOUTHARD, 3 of New Jersey; WILLIE P. MANGUM, 4 of North Carolina SECRETARY OF THE SENATE—ASBURY DICKENS, 5 of North Carolina SERGEANT AT ARMS OF THE SENATE—STEPHEN HAIGHT, of New York; EDWARD DYER, 6 of Maryland SPEAKER OF THE HOUSE OF REPRESENTATIVES—JOHN WHITE, 7 of Kentucky CLERK OF THE HOUSE—HUGH A. GARLAND, of Virginia; MATTHEW ST. CLAIR CLARKE, 8 of Pennsylvania SERGEANT AT ARMS OF THE HOUSE—RODERICK DORSEY, of Maryland; ELEAZOR M. TOWNSEND, 9 of Connecticut DOORKEEPER OF THE HOUSE—JOSEPH FOLLANSBEE, of Massachusetts ALABAMA Jabez W. Huntington, Norwich John Macpherson Berrien, Savannah SENATORS REPRESENTATIVES AT LARGE REPRESENTATIVES 12 William R. King, Selma Joseph Trumbull, Hartford Julius C. Alford, Lagrange 10 13 Clement C. Clay, Huntsville William W. Boardman, New Haven Edward J. Black, Jacksonboro Arthur P. Bagby, 11 Tuscaloosa William C. Dawson, 14 Greensboro Thomas W. Williams, New London 15 REPRESENTATIVES AT LARGE Thomas B. Osborne, Fairfield Walter T. Colquitt, Columbus Reuben Chapman, Somerville Eugenius A. Nisbet, 16 Macon Truman Smith, Litchfield 17 George S. Houston, Athens John H. Brockway, Ellington Mark A. Cooper, Columbus Dixon H. Lewis, Lowndesboro Thomas F. -
Mr. Justice Stanton by James W
At Sidebar Mr. Justice Stanton by James W. Satola I love U.S. Supreme Court history. Sometimes, the more arcane the better. So, for my At Sidebar con- tribution, I want to share a little bit of what I love.1 Perhaps calling to mind the well-known story behind Marbury v. Madison, here is a lesser-known story of a presidential commission not delivered on time (though in this case, it was not anyone’s fault). The story of Mr. Justice Edwin M. Stanton.2 James W. Satola is an As one walks through the Grand Concourse of attorney in Cleveland, Ohio. From 2010 to the Ohio Supreme Court building in Columbus, Ohio 2016, he served as (officially, the Thomas J. Moyer Ohio Judicial Center, an FBA Circuit Vice which had a first life as the “Ohio Departments Build- President for the Sixth ing,” opening in 1933, then restored and reopened as Circuit, and from 2002 the home of the Ohio Supreme Court in 2004), one’s to 2003, he was Presi- dent of the FBA Northern eye is drawn to nine large bronze plaques mounted District of Ohio Chapter. on the East Wall, each showcasing one of the U.S. © 2017 James W. Satola. Supreme Court justices named from Ohio.3 This story All rights reserved. is about the fourth plaque in that series, under which reads in brass type on the marble wall, “Edwin Mc- Masters Stanton, Justice of the United States Supreme Court, 1869-1869.” Justice Stanton? One finds no mention of “Justice Stanton” among the lists of the 113 men and women who have served on the Supreme Court of the United States. -
Hon. J. Dennis Hastert Amicus Brief
No. 02-1674 IN THE ����������������������������������� ———— MITCH MCCONNELL et al., Appellants, v. FEDERAL ELECTION COMMISSION et al., Appellees. ———— On Appeal from the United States District Court for the District of Columbia ———— BRIEF OF THE HONORABLE J. DENNIS HASTERT, SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, AS AMICUS CURIAE IN SUPPORT OF THE APPELLANTS ———— J. RANDOLPH EVANS * STEFAN C. PASSANTINO SETH F. KIRBY ARNALL GOLDEN GREGORY LLP 2800 One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3450 (404) 873-8500 Counsel for J. Dennis Hastert, Speaker of the United States * Counsel of Record House of Representatives July 8, 2003 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20001 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ......................................... ii INTEREST OF AMICUS ............................................... 2 SUMMARY OF ARGUMENT ..................................... 4 THE ROLE OF THE SPEAKER IN AMERICAN POLITICS ...................................................................... 6 ARGUMENT................................................................. 9 I. THE BCRA VIOLATES THE CONSTI TUTION BY IMPERMISSIBLY RESTRICT ING THE SPEAKER’S ABILITY TO PARTICIPATE IN STATE AND LOCAL POLITICAL ACTIVITIES................................ 9 A. The Speaker Will be Prohibited from Taking Any Significant Role in the Activ ities of His State Party or the Campaign Committees of State Candidates .................. 11 B. The BCRA Unconstitutionally Discrimi nates Against the Speaker and Other Members of Congress by Preventing Them From Raising Money For State Candidates as Permitted by State Law............................ 18 C. The BCRA as Adopted Unconstitutionally Limits the Speaker’s Ability to Participate in Other State and Local Organizations....... 21 II. THE BCRA AS ADOPTED VIOLATES THE CONSTITUTION BY IMPERMISSIBLY RESTRICTING THE SPEAKER’S ROLE IN HIS NATIONAL PARTY ................................. 22 CONCLUSION.............................................................