#1. What are my rights to postponement on the grounds of council unavailability?
#2. What is the rule regarding trial during suspension?
#3. What is the rule regarding disclosure of evidence?
- Anon., Nov. 18, 1998
A:
I am not a lawyer, so do not take any of this as legal advice.
You may wish to consult with an attorney to preserve your legal rights.
In addition, I recommend a thorough understanding of RONR Chapter XX, Disciplinary Procedures.
Even though the penalty of expulsion has been recommended, whatever penalty is actually imposed, if any, -- expulsion, suspension, fine or censure -- is left to the decision of the assembly.
(RONR pp. 654, 656.)
To answer your specific questions:
The organization, collectively and individually, must be careful not to libel you.
If you are expelled, they may disclose that you are no longer a member, but not any charge or detail of the case.
The trial is not a trial in the legal sense; only a determination of the desirability of continued membership.
(RONR p. 645.)
#1. You must be allowed enough time to prepare your defense, and to obtain council.
Thirty days is suggested as a reasonable time.
(RONR pp. 645, 649, 652.)
If you can show the unavailability of council, it would seem fair to be granted a reasonable postponement.
#2. If your question is whether it is appropriate to conduct a trial of a suspended member, then the answer is, yes.
The suspension is of all rights of membership except those related to the trial. (RONR p. 652.)
#3. There is no rule about disclosure of evidence, except that any information the investigating committee gains in confidence should not be used in the trial unless it can be done without disclosing the private elements. (RONR p. 647.)