CALIFORNIA DUI LAWYERS ASSOCIATION
Formerly: CALIFORNIA DEUCE DEFENDERS
CONSTITUTION, BY-LAWS, & Email List Rules
2006 - present
ARTICLE I1
Section 1.01. NAME.
The name of this organization shall be CALIFORNIA DUI LAWYERS
ASSOCIATION, which may be abbreviated as C.D.L.A. or CDLA.
Section 1.02. STATEMENT OF PURPOSE.
1. For both Regular and Specialist Members, it shall be the purpose of the
association to:
A. Foster a spirit of fellowship and a free exchange of ideas among those
attorneys and other persons who regularly participate in the defense of
persons charged with drunk driving.
B. To encourage improvement, toward the aim of obtaining fair treatment of
defendants and defense counsel, in the practice and procedures of the courts
and prosecution in drunk driving cases.
C. To promote the efficient administration of drunk driving cases for the
mutual benefit of the courts, litigants, attorneys, jurors and the general public.
D. To provide moral support and encouragement for the vigorous defense of
persons accused of drunk driving.
E. To provide a source of information for the media in support of the defense
of persons accused of drunk driving.
2. For Associate Members, it shall be the purpose of this association to:
A. Encourage and enhance the ascertainment of truth and justice in the
criminal justice system with regard to matters of expert testimony.
B. Encourage and enhance the ascertainment of truth and justice in the
criminal justice system with regard to matters of scientific knowledge.
C. Endeavor always to seek the most scientifically valid means of reaching an
expert opinion.
D. Endeavor always to stay current on all scientific literature in the field of
expertise, and in particular, peer reviewed scholarly journals on the subject.
3. Any member (including officers and board of directors members) may be removed
from the CDLA membership rolls for good cause shown and a two thirds vote of the active
Board of Directors at their next scheduled meeting.
Section 1.03. OFFICIAL APHORISM.
In recognition of the CDLA advocates’ steadfast devotion to the defense of his or her
client and to the transcendent principles embodied in the Constitution, in an often
unpopular cause, too frequently biased proceedings, and extrajudicial pressures
from inimical special interests groups, the official aphorism of this organization shall
be ADVERSUS OMINIA IMPENDIMENTA.
Section 1.04. OFFICIAL SEAL AND LOGO..
The official seal and logo of the California DUI Lawyers Association shall bear the
name of the organization, its founding year, and shall be depicted as follows:
1
The division of these By-Laws into articles, section numbers and descriptive titles, are for convenience only.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 1 of 20
ARTICLE II
Section 2.01. MEMBERSHIP.
A. Qualifications for Membership.
Membership is open to all persons who agree in writing with the Statement of
Purpose, and who regularly participate in the defense of persons accused of
drunk driving, and who are not involved in either prosecution or law
enforcement, nor any organization that is interested in the prosecution of
drunk drivers.
B. Membership Categories. Membership is divided into three categories:
1. Regular Member: Any member in good standing with the State Bar of
California.
2. Associate Member: Other persons not otherwise qualifying for Regular
Membership. Associate members shall have no vote.
3. Specialist Members:
a. Experience Requirements for Specialist Membership:
(1) A member in good standing of the California State Bar
Association for not less than 5 years;
(2) Defense counsel of record in 20 or more California felony or
misdemeanor drunk driving trials submitted to the jury for
decision;
(3) 50 additional drunk driving matters to disposition;
(4) Any two of the following arising out of a drunk driving
incident:
(a) Applicant is Defense Counsel of Record in 5 hearings
pursuant to Penal Code section 1538.5 in which oral
testimony was taken and in which decisions have been
rendered;
(b) 5 petitions or answers filed in extraordinary writ
proceedings in which decisions after hearing have been
rendered;
(c) 3 appearances as attorney of record in the Appellate
Divisions of the California Superior Court, California
Courts of Appeal or Supreme Court, or equivalent
Federal Appellate Courts, which resulted in a published
or unpublished written opinion, or
(d) 10 additional jury trials submitted to the jury for
decision.
(5) As an alternative to the drunk driving defense trial practice
experience requirements listed in subsections a(2), a(3) and
a(4) above, an applicant may qualify to be a Specialist Member
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 2 of 20
by demonstrating to the satisfaction of the Board of Directors
that the applicant has had substantial involvement in other
areas of drunk driving practice requiring similar skills and level
of expertise in drunk driving or related criminal matters in which
decisions after hearing have been reached.
b. Educational Requirements for Specialist Members:
In the three years immediately preceding application,
applicant must have attended and completed or
instructed not fewer than 20 hours of educational
programs approved for State Bar M.C.L.E. Credit
pertaining to drunk driving or related areas of criminal
defense.
Section 2.02. DUES. The annual dues, any extraordinary assessments, and
application processing fees shall be set from time to time by the Board of Directors.
Section 2.03. MEMBERSHIP ROSTER.
A. This association shall maintain a current roster of members which shall not be
used for any purpose in conflict with the Statement of Purpose.
B. This association may from time to time cause to be published and distributed
among its members and to members of the public, a Membership Directory
containing the names, business addresses, business telephone numbers, and
sufficient additional data as may be of professional interest, but not including
personal information.
ARTICLE III
Section 3.01. OFFICERS. The officers of this association shall be the President, Vice
President, Secretary and Treasurer.
A. Officers’ Qualifications. The qualification of the office of President and Vice
President are that the person be a member who has tried not less than 20 jury trials
to verdict or hung jury in drunk driving cases where he/she represented the
defendant. The qualifications for the office of Secretary or Treasurer are that the
person is a member of this organization.
B. Officers’ Duties. The duties of the officers of this organization shall be
determined from time to time by the President, subject to confirmation by the Board
of Directors.
C. Election of Officers. The officers of this association shall be chosen bi-annually
by majority vote of the members of the Board of Directors.
Section 3.02. BOARD OF DIRECTORS.
A. The Board of Directors shall consist of (i) fifteen nine members of this association
elected as provided in Article IV, and (ii) all past Presidents of CDLA who shall serve
for an indefinite term except as is provided in Section 3.03B2.
B. The President shall act as chair of the Board of Directors. One of the non-officer
members of the Board may be appointed by the President to act as Assistant
Secretary, and one of the non-officer members of the Board may be appointed by
the President to act as Assistant Treasurer. These members shall perform duties as
such officers only in the absence or inability of the Secretary of Treasurer.
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C. Except as may be expressly provided by these By-Laws, the Board of Directors
shall conduct the business of this association, and shall have power to act for and in
the name of the association.
D. The Board of Directors shall meet not less than once per year, and more
frequently as the business of this association requires at the call of the Chairperson
or at the call of the majority of said Board.
E. The Board of Directors may from time to time form committees and appoint
members thereto on such terms and conditions and with such powers as may seem
appropriate and not inconsistent with this Constitution and By-Laws.
Section 3.03. TERMS OF OFFICE.
A. Except as herein provided, each officer shall hold his or her office for a term of
two years commencing with the date of the bi-annual election, or until such time as
his or her successor shall have been elected and qualified. Each officer shall hold
his or her office at the pleasure of the Board of Directors.
B. Members of the Board of Directors shall serve the following terms of office:
1. Each member of the Board of Directors who is nominated and elected as
provided in Article IV shall hold his or her office for four years, commencing
with the date of the bi-annual election, or until such time as his or her
successor shall have been elected and qualified.
a. Staggered Terms. Elected Board of Director members shall be
nominated and serve staggered terms. Eight Five members of the
Board of Directors will be nominated and elected in years evenly
divisible by four; seven four members of the Board will be nominated
and elected two years thereafter.
2. Past Presidents of this association shall, by virtue of that previously held
position, serve an indefinite term as members of the Board of Directors, and
shall be removed only by death, written resignation, for a failure to maintain
their membership in good standing, or by unanimous vote of the remaining
members of the Board of Directors, or for good cause shown, by two thirds
vote of the Association’s voting members.
Article IV
Section 4.01. BOARD OF DIRECTORS ELECTIONS.
The election of the members of the Board of Directors shall be held bi-annually by
mail by means of anonymous ballots mailed to each member for return by mail
within 30 days of the date of mailing to the members. The results of the election shall
be announced to all members in the next regular meeting notice. Further details of
procedure shall be as the President directs, and such directions shall be stated on
the ballots and shall not be inconsistent with these By-Laws.
In any year that there are more candidates for the board than there are openings on
that board, each candidate shall have the right to include a one page (8.5” X 11”)
statement with the ballots mailed to members.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 4 of 20
Section 4.02. NOMINATIONS FOR BOARD MEMBERS.
A. Prior to the bi-annual Board election, the Board of Directors shall designate the
names of members of this association to stand for election.
1. The Board of Directors shall nominate not less than two members to be
elected from among members in good standing who have not previously
served as a member of the Board of Directors, but nothing contained herein
shall limit add ional nominations as provided below.
2. Members who have been previously elected and who have served as a
President of this association shall be ineligible for nomination, but shall
automatically at the conclusion of their respective terms of office, become
members of the Board of Directors and serve as provided in section 3.03B2.
3. Board Members may also be nominated by petition signed by at least
twenty members who are eligible to vote, submitted to and received by the
President or Secretary not less than 10 days prior to the election.
Section 4.04. NOTICE OF NOMINEES.
A. The names of those persons nominated by the Board of Directors, and a
proposed date and time of mailing the ballots for Board elections, shall be
announced to all members by mail sent not less than 30 days prior to the date
tentatively set for such election.
1. All those nominated at least 10 days before the election shall be
candidates at the election, unless a written letter of declination is received
prior to the election from the candidate.
ARTICLE V
Section 5.01. ASSOCIATION VOICE. Except as set forth in these By-Laws, this
association shall speak only by action of its Board of Directors.
A. Media Relations Committee. There shall be appointed by the Board of
Directors, a Media Relations Committee of five members of any type, but not more
than one Associate Member, whose Chairperson shall be the President of the
Association. Said Chairperson, and others as may be designated by the Board of
Directors to speak on specific topics, are authorized to speak for the organization
along general guidelines set by the Board of Directors, and the other members of the
Media Relations Committee as long as there is no conflict with the guidelines of the
Board of Directors.
B. Except as set forth herein, neither the Board nor any member may identify himself
as a spokesperson of this association in connection with any communication with
any representative of the media on the general subject of drunk driving.
C. Partisan Endorsements Prohibited. Neither the Board nor any of this
association’s members shall endorse in the name of this association any candidate
for public office.
D. Board Members may be authorized to act in the name of the association
regionally to conduct meetings and educational programs with the prior approval, of
the President.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 5 of 20
ARTICLE VI
Section 6.01. QUORUM.
A. Quorum. For the transaction of the business of this association, 25 members of
the association, plus the President or his or her designated representative, shall
constitute a quorum, and a simple majority of the Executive Committee and Board of
Directors, which majority shall include the President or his or her designated
representative, shall constitute a quorum of those bodies.
Section 6.02. MEETINGS.
A. Business Meetings. This association shall hold business meetings at such time
as may be appropriate as determined by the President or the Board.
B. Regular Meetings. This association shall hold regular meetings, not less than six
times per year.
ARTICLE VII
Section 7.01. AMENDMENT(S) TO BY-LAWS.
A. Amendment(s) to these By-Laws may be proposed by any member of this
association in writing stating the full text of the proposed amendment, signed by the
person proposing the amendment, delivered to the President and shall be deemed
enacted when approved by a two thirds majority of the Board of Directors. members
A By-Law amendment election shall be held by mail using the same procedure, so
much as is practicable, as that for a Board election. Such an election shall be held
not less than annually, but only in years in which one or more By-Law amendments
are proposed.
Section 7.02. MATTERS NOT COVERED BY THESE BY-LAWS.
The membership email listserver is governed by the attached rules. Matters not
covered by these By-Laws shall be governed by the Revised Roberts’ Rules of
Order.
CERTIFICATION
I, Ronald A. Jackson, as President of the California DUI Lawyers Association do
hereby certify as follows:
The Constitution and By-Laws of the California DUI Lawyers Association are as set
forth herein above, having been originally adopted by the members in 1989 and duly
amended from time to time as provided for herein.
Signed Ronald A. Jackson, President
Attest: Joshua M. Dale, Executive Director
Enacted: June, 2006
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 6 of 20
Notice to CDL-Member Listserver Subscribers
For quality assurance and security reasons, all network activity inside the domain
"California-DUI-Lawyers.org" located on the TCP/IP network range at YahooGroups.com
may be monitored and/or logged from time to time. CDLA reserves the right to terminate
subscription rights to anyone who loans their password to a third party non-subscriber, or in
any other way misuses the CDLA web system. "Misuse" includes but is not limited to
attempts to access or retrieve files or directories not available via URL links on CDLA
pages. Telnet, FTP or Gopher and other similar file upload and download utilities are
prohibited within the domain "California-DUI-Lawyers.org" (only web browsers should be
used to access the CDLA internet service). Additionally, attempts to log into and retrieve e-
mail located on the CDLA e-mail servers is prohibited (your e-mail sent from CDLA is
stored on YOUR service provider's e-mail server(s), not on CDLA's).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEB SITE OR ANY CDLA INTERNET SERVICE.
By using this Web site or any other CDLA service owned, operated, licensed, or controlled
by the California DUI Lawyers Association (CDLA), you signify your assent to these terms
of use.
If you do not agree to these terms of use, please do not use the site. We reserve the right,
at our discretion, to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use of this site or any
other CDLA INTERNET SERVICE following the posting of changes to these terms will
mean you accept those changes.
Please read and know these guidelines.
CDLA Netiquette Guidelines
Please read through this before participating in the listserver.
1. This notice provides information for the members of the CDLA List Server (California-
DUI-Lawyers.org e-mail system).
2. Although this may appear to be a list of "don’ts", you should also realize that there's a
much larger list of things you are free to "do" with respect to using the CDLA List Server.
This freedom, however, carries with it some degree of responsibility - not a legal
responsibility, but a professional responsibility needed to keep the list server functioning
within its purpose of facilitating public and private communication between defenders
throughout this state (on the subject of criminal law).
3. This document provides, among other things, a minimum set of guidelines for Network
Etiquette (Netiquette) which apply to use of the CDLA List Server.
4. These guidelines are subject to change. You can obtain a copy from CDLA at any time.
5. The address for the CDLA List Server is CDL-Member@yahoogroups.com . By sending
an e-mail to this address, your e-mail message being reflected out to the entire list of
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subscribers.
6. Technical questions or comments regarding this guide should be directed to CDL-
Member-owner@yahoogroups.com Sending an e-mail to CDL-Member-
owner@yahoogroups.com results in a single e-mail message that reaches the CDLA
webmaster.
7. Please do not send comments regarding these guidelines to CDL-Member-
owner@yahoogroups.com or you will be ignoring one of the rules noted below!
--------------------------------------------------------------
8. What is a "List Server"? An internet list server or "list serv" is a computer system
designed to receive e-mail from individuals and "reflect" that e-mail back out to a list of
"subscribers" on that particular list.
9. In the case of the CDLA List Server, the list is "closed", meaning the CDLA computer
system cannot receive or send e-mail to individuals who have not gone through the process
of signing and submitting a CDLA Internet Services subscriber form.
10. Subscribers to the CDLA Internet Service must:
a. Be a current member of the California DUI Lawyers Association. Members of CDLA may
be private defender "members" or public defender "members".
b. Complete and submit a CDLA Internet Services subscriber agreement form.
c. Maintain current membership in CDLA and pay the annual CDLA subscriber fee.
11. How to "read" the header information on e-mail received from the CDLA List Server.
CDLA’s email header looks like this:
-------- Original Message --------
Subject: CDLA Netiquette Guidelines for CDLA List Server
Date: Sat, 20 Aug 2005 11:56:23 EDT
From: CDL-Member-owner@yahoogroups.com
Reply-To: CDL-Member@yahoogroups.com
To: CDL-Member@yahoogroups.com
12. Using the example above, if one chose the option to "REPLY" to this message, the
"Reply-To" address would be placed in the "TO" address of the new reply message (CDL-
Member@yahoogroups.com)
13. This is often confusing for new subscribers to list servers. Unlike normal e-mail, list
servers have both a "From" and a "Reply-To" address in the header. The "Reply-To"
address is the address of the CDLA List Server, and the "From" address is the address of
the person who actually wrote the e-mail message. If you only wish to reply to the individual
who wrote the message and NOT the entire membership list, you must copy and paste the
contents in the "From" field into a new message (into the "To" field of the new message).
14. The "Reply-To" address is the address of the CDLA list server. For public responses to
an e-mail message, this configuration makes it easy to "reply" to the entire group, by simply
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 8 of 20
choosing the REPLY option in one's e-mail program.
15. Unnecessary replies to CDLA. Before pressing the "Reply" button ask yourself: "Am I
wasting bandwidth with my reply? Generally, the "Hey, that happened to me too," replies to
the entire list are of little use to anyone. On the other hand, a "Hey that happened to me
too, and here's what I did..." does belong on the list server. We are trying to increase the
knowledge base in criminal defense practice and these comments can help others. Clearly
a post to the list such as: "Hey Joe, it was great to see you at the seminar last week," does
not need to be sent to all members of the list. This stuff should be sent privately. Often a
subscriber posts a complicated question regarding an upcoming trial or hearing and
receives back volumes of suggestions. It is perfectly appropriate to post back to the entire
list the results you had in that case - we all want this type of feedback - it adds out our
collective knowledge base. The posting of a "Thank You" message to the entire list of
subscribers is not appropriate if you are only thanking one or two subscribers, unless you
want to save that "Thank You" comment and put it at the end of your next criminal law
related message to the list. In other words, don't post messages to the list such as: "Hey
Bob Smith, thanks for that 1538.5 motion, it worked." Send such messages directly to the
person you wish to thank. Other samples of inappropriate posts to the entire list include but
are not limited to things like these:
"Hey, send me a copy of that 1538.5 too!" "Hey, did you get a referral to that D.V. case or
do you still need help?" "Another win! Good Going!" "Hey, I hate that judge too!" "Hey, does
that web site you posted apply to only juvenile defense attorneys?" "Thanks for your prompt
reply, I already have the motion I needed."
As you can see, all of these examples are really written to only one person or contribute
nothing of substance and result in clogging the limited bandwidth on CDLA with
unnecessary information. The CDLA list is far too large and filled with important requests
and replies to tolerate the broadcast of unnecessary messages. Occasional posts made to
the entire group by accident will be understood; but repeated violations following warnings
by the webmaster will result in suspension or termination of CDLA privileges.
16. If you do not have an e-mail program equipped with filtering capability, it is strongly
advised that you obtain one. CDLA has recommended "Eudora Pro" by Qualcomm
(http://www.qualcomm.com) for many years. The most current versions of Netscape
Communication and Microsoft's Internet Explorer also have filter capabilities. Older web
browsers do not provide for easy management of the large volumes of e-mail generated by
a list server such as CDLA. The solution is not to require CDLA to cut down on the number
of messages generated to accommodate a new subscriber's inability to deal with that
volume; the solution is for the subscriber to explore alternatives in e-mail programs to
handle this necessary aspect of internet communication.
17. What if a subscriber posts a question and asks that all replies be sent to her/him
privately and you too have an interest in the subject? It's perfectly okay to send a _private
message_ to the original sender and politely request that they share whatever they get with
you. A note to those who receive replies: Be sure to obtain permission from those who
respond to your questions before you ever forward **their** message(s) to a third party.
18. Unless you are using an encryption device (hardware or software), you should assume
that mail on the Internet is not secure. Never put in a mail message anything you would not
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 9 of 20
put on a postcard. On the other hand, you should CLEARLY UNDERSTAND that this is a
closed list server and you may not disclose, distribute, or otherwise communicate to non-
subscribers the contents of ANY CDLA e-mail. This also applies to any data obtained from
the CDLA Web system which can reasonably be interpreted to have been provided for
viewing only by members of the criminal defense community. Note: Violation of this rule will
result in termination of CDLA services.
19. Respect the copyright on material that you reproduce. This means that you must resist
the temptation of copying, pasting, and e-mailing information from legal resources you
subscribe to, which are copyrighted. Don't violate copyright laws! Instead, direct the
individual to the product, etc. The CDLA list server will not accept any e-mail that contains
the copyright symbol or the word "Copyright" followed by a date. To send any e-mail via the
list server that has such language, you must first e-mail the CDL-Member-
owner@yahoogroups.com and indicate what it is, that you either own the copyright, or that
you've obtained permission to distribute the copyrighted material via the list server (and in
that case you must attach a copy/fax a copy of that permission). Likewise, do not send
copyrighted materials to the CDLA webmaster asking that such materials be posted on
CDLA or on the CDLA system. It is not the responsibility of the employees at CDLA to
screen material you send to CDLA for posting on the CDLA system. You must exercise that
screening effort and assume responsibility for such materials forwarded to CDLA for
posting on CDLA or in the CDLA systems databases.
20. You may NOT forward or otherwise distribute CDLA messages to non-subscribers.
Deliberate violation of this rule will result in suspension or revocation of CDLA subscriber
privileges and potentially, revocation of membership in CDLA. In rare circumstances, you
may be able to obtain permission from the original author(s) and CDLA, so that you may
share a message with a colleague who is not a CDLA subscriber. If you are re-posting a
message you've received from CDLA, do not change the wording. You may edit out
unnecessary parts to the original message if it does not change the meaning of the original
message. You may delete the "confidentiality" notice when replying to a CDLA message
because the CDLA List Server will automatically append to each outgoing message the
same confidentiality notice.
20.1 Proper netiquette regarding any email you receive from another party dictates that you
NEVER forward that message to non-parties to the original message without first obtaining
permission to do so from the original author. Therefore, if the message was a personal
message to you and you are including additional parties when you reply to it, you should
ask permission from the original sender before you do this, or you are essentially
forwarding the message to third parties without first obtaining permission from the author.
Most experienced internet users will remove your address from their "mailbox" if you violate
this rule of internet conduct.
21. Never send chain letters via electronic mail. Chain letters are forbidden on the Internet.
Your network privileges will be revoked. Notify your local system administrator if you
receive one (save the message).
22. A good rule of thumb: Be conservative in what you send and liberal in what you receive.
You must not send heated messages (we call these "flames") even if you are provoked. It's
prudent not to respond to flames.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 10 of 20
23. In general, it's a good idea to at least check all your mail subjects before responding to
a message. Sometimes a person who asks you for help (or clarification) will send another
message which effectively says "Never Mind". Also make sure that any message you
respond to was directed to you. You might be cc:’d rather than the primary recipient.
24. Make things easy for the recipient. Many mailers strip header information which
includes your return address. In order to ensure that people know who you are, be sure to
include a line or two at the end of your message with contact information. You can create
this file ahead of time and add it to the end of your messages. (Some mailers do this
automatically.) In Internet parlance, this is known as a ".sig" or "signature" file. Your .sig file
takes the place of your business card.
A typical signature line is this:
-----------------------------------------
Sincerely, webmaster@nonprofit.org
[Joe D. Dokes]
216/366-1234 x 111)
25. Watch cc's when replying. Don't continue to include people if the messages have
become a 2-way conversation.
26. Know whom to contact for help. In the case of the CDLA Internet Services, the correct
address for help is: CDL-Member-owner@yahoogroups.com Phone: 415 750 4350 Fax:
415 750 4351
27. ***NEVER*** send technical comments to CDL-Member-owner@yahoogroups.com
even if you think everyone needs to see it. Let the webmaster decide if it needs to go to
defenders across the state. Keep technical/nerd/computer comments off the list.
28. ***NEVER*** send CDL-Member@yahoogroups.com e-mail containing silly/snide
comments or cute quotes, poetry, or poems. Defenders don't have time for this stuff. Many
list servers have DIED just because this rule was continually violated.
29. Remember that the recipient is a human being whose culture, language, and humor
may have different points of reference from your own. Be especially careful with sarcasm, it
can be easily misunderstood ("Many a truth is told in jest...").
30. Use mixed case. UPPER CASE LOOKS AS IF YOU'RE SHOUTING SO DON'T DO
IT!!!.
31. Use symbols for emphasis. That *is* what I meant. Use underscores for underlining.
_War and Peace_ is my favorite book.
32. Use smileys to indicate tone of voice, but use them sparingly. :-) is an example of a
smiley (Look sideways). Don't assume that the inclusion of a smiley will make the recipient
happy with what you say or wipe out an otherwise insulting comment.
33. The entire CDLA system - CDLA List Servers are for the purposes of promoting and
bettering the practice of criminal defense, and to promote professionalism in the criminal
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 11 of 20
defense community. Therefore, it is the policy on all CDLA systems that no messages or
files be transmitted to other subscribers via the CDLA systems that solicit assistance in the
furtherance of activity related to the prosecution or prosecutions of individuals. Such activity
conducted via the CDLA system directly conflicts with the function and purposes of the
California DUI Lawyers Association and its CDLA resource system. Additionally, it is highly
detrimental to the criminal defense function to solicit other members of the criminal defense
community to assist in prosecutorial or law enforcement activity. Intentional violation of this
guideline will result in suspension or termination of CDLA subscriber rights and may also
result in termination of membership in CDLA.
34. CDLA messages should be posted to the list in "plain text" format. Many email
programs are set by default to include what is known as "fancy" or "html" formatted
messages (color, bold face, large / small fonts, etc.). If your email program is set to send
html formatted messages, you should change it to instead generate only plain text
messages. The CDLA list server will automatically reject any incoming message not in plain
text. An automated rejection notice will be sent to the sender of such messages and the
rejection notice includes instructions and information on how to correct the problem. If you
are unable to correct the problem, you may call the CDLA Technical Support Division at
415 750 4350 for assistance.
35. Do include attachment(s) / file(s) to your e-mail. CDLA List Server has been
programmed to allow any e-mail containing an attachment. It is better though to share the
files with the group by placing your file into the files section of our site. E-mail attachments
to the CDLA list are usually prohibited for a number of reasons: 1. Bandwidth issues and 2.
Prevention of the spread of viruses (yes, even in word processor formatted files there can
be "macro" viruses).
36. Be brief without being overly terse. When replying to a message, include enough
original material to be understood but no more. It is extremely bad form to simply reply to a
message by including the entire previous message: edit out all the irrelevant material.
37. Limit line length to fewer than 65 characters.
38. Mail should have a subject heading which reflects the content of the message. Don't
simply write: "READ THIS!!!"
39. Read the CDL-Member@yahoogroups.com e-mail traffic for one to weeks before you
post anything.
40. Do not blame the system administrator for the behavior of the system users. (Please re-
read this one ;-) (wink)
41. Consider that a large audience will see your posts. That may include your present or
your next boss. Take care in what you write. Remember too, that the e-mail sent out via
CDL-Member@yahoogroups.com is archived, and that your words may be stored for a very
long time in a place to which many people have access. One subscriber recently pointed
out that the last thing you want to have happen is to have an e-mail you wrote subpoenaed
to court.
42. NEVER NEVER NEVER ask for "dirt" on witnesses, etc., via the CDLA List Server.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 12 of 20
Instead, ask for "previous transcripts of the witness and/or interesting insights into his/her
testimony. Don't refer to witnesses, cops, judges, etc., as "whores", pimps, members of
particular a WWII army, etc.
43 Assume that individuals speak for themselves, and what they say does not represent
their organization or CDLA (unless stated explicitly).
44. Messages and articles should be brief and to the point. Don't wander off-topic, don't
ramble and don't send mail or post messages solely to point out other people's errors in
typing or spelling. These, more than any other behavior, mark you as an immature
beginner.
45. Forgeries and spoofing are not approved behavior and will result in revocation of
subscriber privileges, no exceptions on this...you will be out if you forge a message under
another person's name (without permission, of course). "Spoofing" is basically faking an e-
mail address and name and or internet e-mail message id. If you don't know how to do it,
don't bother trying to find out how it's done.
46. Delivery receipts, non-delivery notices, and vacation programs are neither totally
standardized nor totally reliable across the range of systems connected to Internet mail.
They are invasive when sent to mailing lists, and some people consider delivery receipts an
invasion of privacy. In short, do not use them.
47. If you find a personal message has gone to a list or group, send an apology to the
person and to the group.
48. If you should find yourself in a disagreement with one person, make your responses to
each other via mail rather than continue to send messages to the list or the group. You
should ***Never*** carry on a conversation with one subscriber via the entire list - this is a
serious misuse of the list server. Send your e-mail directly to the person if you are simply
"talking" to that person. If you should take your "disagreement" with a CDLA subscriber to a
direct email exchange as suggested in Guideline 48, it does not relieve you of the
responsibility to comply with Guidelines 58 or 59, if such "attacks" as discussed in
Guidelines 58 or 59 are directly related to issues that arose from participation as a CDLA
subscriber.
49. It's almost impossible to stop a message sent to CDLA from being broadcast out to the
entire list of subscribers after you've pressed your "send" button. This means you must
make sure you really want the message to go as you have written it.
50. Consider moving your e-mail address to the CDLA Vacation List when you cannot
check your mail for an extended period. To do this, simply go to CDLA
(http://groups.yahoo.com/group/CDL-Member/join) and then find the way of receiving
messages that you like. Go back to that page when you return from vacation and switch the
account back over to the active list.
51.* As noted above, the CDLA List Server system is a closed system. Therefore, the e-
mail message traffic is also private, to be kept within the group. Do not send mail received
via CDL-Member@yahoogroups.com to non-subscribers and especially, do not forward
such e-mail to other lists! The exception: Obtain permission from the original message
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 13 of 20
sender before sharing the e-mail with others. Failure to follow this guideline can result in
termination of CDLA privileges.
52. If you are going on vacation: see number 50 above, new feature.
53. If you change your e-mail address, send an e-mail message to CDL-Member-
owner@yahoogroups.com indicating your old address and new address and effective
dates. If the CDLA List Server begins getting "returned mail" from your old defunct account,
you run the risk of being shut out of the system if you fail to provide the webmaster with
your new address. Please use e-mail to indicate any changes, as it provides us with a
written record. Don't ever send e-mail address changes to the list.
54. Advertising via the CDLA list server on any of the CDLA email systems of Non-CDLA
sponsored or non-CDLA co-sponsored events or materials is prohibited. Background
comments: The various governmental nonprofit corporation regulatory authorities prohibit
the use of a particular professional business/trade association's resources for unrelated
business activity.
Comment: This prohibition on advertising was adopted to prevent the possible loss of tax
exempt status and/or imposition of an income tax on the advertising activity in question.
Examples of prohibited messages include advertising / announcing the sale of a book or
publication, training workshop, seminar, video / audio tapes, newsletters, employment
opportunities, office space available for lease, computer equipment for sale, or events not
sponsored or co-sponsored by the CDLA.
55. Most e-mail programs permit you to enter your full name followed by your actual e-mail
address in the following format: Jane Smith jane@netcom.com. Usually this information is
entered where the field "Return Address" appears in your e-mail program. It is considered
good manners to enter your entire name followed by your e-mail address as noted above,
so that on the CDLA List Server, recipients can quickly scan the "Sender" field and see who
actually wrote the message sent from CDLA's List Server. This is a lot better than seeing
only: bob2343@happy.net in the Sender field on a message coming from the CDLA List
Server. Please take the time to configure your e-mail program or internet browser's identity
field's return address so that people know who the real sender is immediately upon opening
a message. Additionally, always sign your message with your full name and e-mail
address. You may optionally also indicate where you are in the state. Here's an example of
an acceptable signature at the end of an e-mail message:
Robert Smith, Attorney at Law bobsmith@packbell.com Placerville, CA Phone: 916-332-
3333 Fax: 916-332-3334
If you take the time to sign your messages like this, you will find many more responses
from other CDLA subscribers when they read your e-mail message asking for help on some
matter of importance. If you don't sign your e-mail message and your e-mail address in the
sender field is just bob334@packbell.com don't expect too many responses, no one will
know who you are, where you are, or if you're even for real.
56. The CDLA SMTP E-Mail and List Servers are non-public servers. Subscribers should
not even try to "hijack" them to send e-mail. Basically this means that you may not list any
CDLA mail server host as the SMTP mail host for your e-mail program, via which you send
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 14 of 20
e-mail. Use the SMTP mail server assigned to you by your internet service provider, such
as AOL, Earthlink, PacBell, ATT, MCI, Pacific.Net, etc.
57. Nearly all CDLA e-mail posted to the list server is saved into a database upon which
you can do keyword searches over on the YahooGroup system. Go to
http://groups.yahoo.com/group/CDL-Member/messages
58. PROHIBITED: Potentially Defamatory/Libelous Messages on CDLA. It is the policy of
CDLA that any posting of a potentially defamatory/libelous message will result in either a
warning, suspension or termination of CDLA privileges. The determination as to whether
the violator will be warned, suspended, or terminated, is based on a number of factors, the
most important of which is whether that person has been a repeating violator of this
guideline.
In California, a statement that is defamatory on its face is said to be "libelous per se",
actionable without any proof of any special damage. The claim(s) that an attorney is
dishonest, immoral, lacking in character or education, and may commit acts of misconduct
or ethical breaches automatically causes the attorney injury in h/her occupation, standing in
the community, and perhaps more. It arguably is an automatic cause of action. Maidman v.
Jewish Publications (1960) 54 Cal.2d 643, Albertini v. Schaefer (1979) 97 C.A.3d 822.
Warnings or suspensions (by the Webmaster) for first-time violations or terminations for
repeated violations of this guideline may be appealed to the CDLA Board of Directors and
as a subscriber to CDLA, you are hereby notified that a decision rendered by the Board of
Directors will be the final resolution of the dispute. Subscribers are responsible for what
they write on CDLA - legally, but this does not provide the individual subscriber with license
to make defamatory comments about other private citizens in this "private" forum. CDLA
stands for "Criminal Law Automated Research Assistance." The main purpose of the entire
CDLA system is to further the education, training, and research of criminal defense
practitioners. Occasionally some subscribers may feel compelled to share with other
subscribers via CDLA some horrible experience in court, etc., and that is not prohibited by
this guideline. CDLA, however, is NOT an assembly of the "Holy Inquisition," nor is it a
"War Crimes Tribunal." As the internet matures, we are seeing more and more civil actions
against both internet service providers and the authors of defamatory messages. Moreover,
a subscriber's libelous messages broadcast on the list server may also expose CDLA to
liability, which could have wide-ranging implications to our entire membership. This
particular guideline for CDLA subscribers is designed to prevent unfair accusations against
private citizens who in most cases will have no way of defending themselves, or even
knowledge about such accusations made in this large private forum. If you should take your
"disagreement" with a CDLA subscriber to a direct email exchange as suggested in
Guideline 48 above, it does not relieve you of the responsibility to comply with this
particular Guideline 58, if such "private attacks" in violation of the spirit of this Guideline 58
are directly related to issues that arose from participation on the CDLA system.
Some examples of prohibited defamatory messages are as follows:
1. "....... I have no reservation in declaring that when [attorney's name omitted] now accepts
a fee he commits theft by trick or false pretense."
2. "Los Angeles Police Officer xxxx xxxxx is a particularly brutal cop, he frequently lies on
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 15 of 20
the stand, beats most of his arrestees, and it would not surprise me if he beats his own
wife."
3. "[name deleted] is the worst expert on eye witness you could get. He doesn't know what
the heck he's doing. I've seen him in court and have wondered if he can actually read. He's
basically a total nut."
4. "[attorney's name omitted] is both inept and a crook. He doesn't know what he's doing
half the time in court and that's based on personal observation of him. I have seen him
dump case after case on the local public defender's office because he's not getting the fee
he expected. I wonder how he got through law school."
59. Personal Attacks on Other CDLA Subscribers Prohibited. While not reaching the level
of "defamatory," personal attacks on other subscribers of CDLA or CDLACHAT must be
prohibited. Remember again, the purpose of CDLA is to provide continuing legal education,
training, and research for criminal defense attorneys in California. CDLA is not a forum for
criticizing colleagues and airing gripes, and if it turns into a "gripeline" many subscribers will
simply quit and the system will basically implode. Warnings and suspensions for first-time
violations, or terminations (by the Webmaster) for repeated violations of this guideline may
be appealed to the CDLA Board of Directors for final resolution. If you should take your
"disagreement" with a CDLA subscriber to a direct email exchange as suggested in
Guideline 48 above, it does not relieve you of the responsibility to comply with this
particular Guideline 59, if such "private attacks" in violation of the spirit of this Guideline 59
are directly related to issues that arose from participation on the CDLA system.
Some examples of prohibited personal attack messages are as follows:
1. "[subscriber's name] you must be dumb to have asked that question. Why don't you look
on the main web page once in a while and you'd see the entire subscriber's directory is
right there in front of your big red face. And up til now I thought you were a lawyer, able to
figure things out for yourself. Duhaaaa."
2. "That last post by [name omitted] is just typical of a "Public Defender." That's the reason I
quit working for "institutionalized defense services" in the first place. He just doesn't get it,
how tough it is to run a private office. [name omitted] should get a life and a private practice
and see what it's really like out here."
3. "Responding to your last post [name omitted], I must start by telling you that I am so sick
and tired of seeing you dump cases on my office after you've gotten your big fat fee paid,
that I'm ready to sponsor legislation specifically aimed at you and your ilk,..."
4. "[name omitted], if this is still too complex - write me privately and I will break it all the
way down to seven letters with a space in the middle."
5. "It's pretty hard to look at your signature and then be called self aggrandizing without
laughing, Mr. Chief Deputy Public Defender of XXXX County. Tell you what...I'll quit
insulting you in public when you do the same."
60. The subject of messages posted on the CDLA E-Mail List Server should be strictly
limited to the practice of criminal law matters.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 16 of 20
61. Examples of messages that should NOT be posted to CDLA include warnings
regarding new viruses (many are hoaxes); updates on meeting facilities, weather conditions
at CDLA training programs, election results, candidate statements or statements supporting
candidates for elections of any type including CDLA's own annual elections, comments on
current events such as earthquakes, "Hey, Thanks for the help" messages, etc. These
types of messages do not belong on CDLA and when they are posted, many subscribers
write the CDLA tech. support staff to complain about their mailboxes being filled with non-
criminal law related messages. The basic standard for posting a message to CDLA is this:
Does the message directly address an issue directly related to criminal law? If not, then it
does not belong on CDLA.
62 Notwithstanding other more severe penalties for violations of the CDLA guidelines,
violators of these guidelines are subject, with or without prior notice, to being placed on a
"moderated" version of the CDLA list server, whereby the subscriber's desired posts to the
list are first examined by technical support staff for compliance with the guidelines prior to
distribution of the message(s) to the entire CDLA list.
63. Do not "Over Post" on the system. No one likes a "Know it all", so don't post inordinate
numbers of messages, whether they are original or replies, unless there's a very good
reason for it. Subscribers do not want to see a particular subscriber constantly posting
messages all week long, especially if the messages carry little or no substance, or merely
repeat what has already been said previously. A subscriber should consider 20 messages
a week to be a "maximum". Use common sense on this and don't "hog" the system.
64. The CDLA Guidelines are part of the terms and conditions for subscription to and
participation on CDLA. Your receipt of CDLA email from the CDLA List Server system, and
your accessing of the CDLA system, constitutes an acknowledgement that you agree to
abide by these Guidelines.
65. Once a message is sent to CDLA/CDLACHAT/ETC., it is highly unlikely that it can be
prevented from being broadcast out to the entire list of subscribers. This is because the list
server checks and processes incoming messages every 30 seconds, and once a message
is received by the list server, the entire batch of messages is gone - out on the net to
everyone - in only 3 minutes, headed for CDLA subscriber's local mail servers all over the
state.
66. The CDLA is available on a 24 hour a day, 7 days a week non-guaranteed basis; and
that all data on the system is informational only and is not advisory nor guaranteed to be
accurate. Users are strongly encouraged to "Shepardize" everything regardless of the
creation date noted on a file. That passwords, e-mail messages received from CDLA, or the
computer files from CDLA may not be distributed to others not noted on this form, and that
if it is discovered that a subscriber has allowed a non-subscriber to use the CDLA system
or have copies of computer files received from CDLA, their subscription privileges may be
suspended or revoked. Subscribers may access any of the file areas listed on the system's
menus or retrieved from any listed database via the CDLA search engines, but may not
attempt to enter any non-listed areas on the CDLA Internet Servers, or attempt to learn or
use the passwords of other subscribers. Subscribers must be practicing criminal defense
attorneys and assume all responsibility for ensuring that files downloaded or contributed
are free from any virus or other damaging effects. Whether files received from the CDLA &
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 17 of 20
WEB Service carry a copyright notice or not, it is understood that those files may not be
placed on any non-CDLA-hosted-internet-sites or storage devices intended for use by
anyone as a commercial or non-commercial information service or data base unless
previous written permission has been obtained from CDLA. I agree to comply with the
rules, regulations and policies, as they may be amended from time to time, applicable to
any services accessed through CDLA or related services, and I agree that any violation of
such rules, regulations or policies shall be cause for suspension or termination of services.
It is understood that the internet network activity for the domains and IP blocks owned or
administered by CDLA are monitored and logged on a regular basis for quality assurance
and security purposes. Subscribers must maintain current CDLA membership. Subscribers
may not be engaged in any law enforcement or prosecution activities of any kind, whether
direct or indirect.
67 DISCLAIMER OF WARRANTY
CDLA accepts no responsibility for errors or inaccurate information in its products. Every
reasonable attempt has been made to maintain accuracy, but no guarantees of such can
be made.
THE CDLA PRODUCTS AND SERVICES INCLUDE BUT ARE NOT LIMITED TO THE
LIST SERVE. SUCH CDLA PRODUCTS ARE SOLD OR PROVIDED "AS IS." NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
USE IS MADE. NO WARRANTY OR GUARANTY IS MADE.
REGARDING THE USE OR ACCURACY OF CDLA PRODUCTS. THE USER OF CDLA
PRODUCTS ASSUMES THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE.
THE INFORMATION IN CDLA PRODUCTS ARE SUBJECT TO CHANGE WITHOUT
NOTICE.
CDLA ASSUMES NO LIABILITY FOR ANY LOSS OR DAMAGE FROM ERRORS OR
OMISSIONS IN ITS PRODUCTS WHETHER ARISING IN CONTRACT, NEGLIGENCE OR
OTHERWISE. BY USING CDLA PRODUCTS YOU AGREE THAT YOUR SOLE REMEDY
AGAINST CDLA., ITS OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, DEALERS, AND
DISTRIBUTORS SHALL BE THE RETURN OF THE PRICE YOU PAID FOR THE CDLA
PRODUCT WITHIN 30-DAYS OF PURCHASING IT. YOU AGREE THAT NO OTHER
REMEDY SHALL BE AVAILABLE TO YOU.
WITH RESPECT TO THE CDLA Service, the CDLA "Guidelines" are part of the terms and
conditions for subscription to and participation on CDLA. Your receipt of CDLA email from
the CDLA List Server system, or your accessing of the CDLA system, constitutes an
acknowledgement that you agree to abide by these Guidelines, terms and conditions, and
any amendments or changes to them that may occur from time to time.
CDLA Products are not intended to be legal advice. CDLA is not in the business of
providing professional advice. CDLA products should not be relied on as a substitute for
financial, legal or other professional advice.
EFFECT OF AGREEMENT
This Agreement embodies the entire understanding between the parties with respect to the
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 18 of 20
subject matter hereof and supersedes any and all prior understandings and agreements,
oral or written, relating thereto. There are no representations, warranties, collateral
agreements or conditions affecting this agreement or the transactions contemplated herein
other than as are expressed or referred to herein or in writing among the parties.
ASSIGNMENT AND SUCCESSORS
Neither this Agreement nor any part or portion hereof or right granted hereunder, shall be
assigned, sublicensed or otherwise transferred without CDLA's prior written consent.
SEVERABILITY
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal
by a court, the validity and enforceability of the other provisions shall not be affected
thereby.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed under the laws of the State of
California. Any action related in any way to this Agreement shall be brought in the
appropriate federal or state court located in Sacramento County, California. Each party
hereby consents to the jurisdiction of such courts for the purposes of this Agreement. The
prevailing party in any such action shall be entitled to all costs and reasonable attorney's
fees.
It is hereto agreed that irreparable damage would occur in the event that any of the
provisions of this Agreement were not performed in accordance with their specific terms or
were otherwise breached. It is accordingly agreed that CDLA. shall be entitled to an
injunction or injunctions to prevent breaches of this Agreement and to enforce specifically
the terms and provisions hereof in any court having jurisdiction, this being in addition to any
other remedy at law or in equity.
This Agreement shall all be governed and construed in accordance with the laws of the
State of California applicable to agreements made and to be performed in California. You
agree that any legal action or proceeding between CDLA and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in Sacramento
County, California. Any cause of action or claim you may have with respect to the CDLA
Products or CDLA Services must be commenced within three (3) months after the claim or
cause of action arises or such claim or cause of action is barred. CDLA's failure to insist
upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. CDLA may
assign its rights and duties under this Agreement to any party at any time without notice to
you.
The CDLA is an association of criminal defense attorneys and does not provide legal
advice or legal services. While the association's officers, board members, and members of
CDLA who subscribe to the CDLA and CDLA system are practicing attorneys, the CDLA
office itself does not have any attorneys on staff.
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 19 of 20
The information supplied on this web site should not be relied upon to make legal
decisions. . If you need a lawyer or legal advice, you should contact the bar association or
a lawyer referral service for the county you live in, or where the case is scheduled. The
information supplied on this web site is provided by CDLA members and non-members.
While CDLA makes every effort to present accurate and reliable information on this web
site, CDLA does not endorse, approve or certify such information, nor does it guarantee the
accuracy, completeness, efficacy, timeliness, or correct sequencing of such information.
Use of such information is voluntary, and reliance on it should only be undertaken after an
independent review of its accuracy, completeness, efficacy, and timeliness. Reference
herein to any specific commercial product, process, or service by trade name, trademark,
service mark, manufacturer, or otherwise does not constitute or imply endorsement,
recommendation, or favoring by CDLA. CDLA, including its employees and agents,
assumes no responsibility for consequences resulting from the use of the information
herein, or from use of the information contained at linked Internet addresses, or in any
respect for the content of such information, including, but not limited to, errors or omissions,
the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions,
the defamatory nature of statements, ownership of copyright or other intellectual property
rights, and the violation of property, privacy, or personal rights of others. CDLA is not
responsible for, and expressly disclaims all liability for, damages of any kind arising out of
use, reference to, or reliance on such information. No guarantees or warranties, including,
but not limited to, any express or implied warranties of merchantability or fitness for a
particular use or purpose, are made by CDLA with respect to such information.
In offering linked sites, CDLA does not endorse the sites, their sponsoring organizations, or
the information contained on the linked sites, nor does it vouch for the accuracy of the
information contained on the linked sites.
If you have questions regarding any of these terms and conditions of use of CDLA, you
should contact the CDLA Board of Directors for further information and clarification. For the
current President and Board, see the website, www.California-DUI-Lawyers.org
CDLA Constitution, By-Laws, & Email List Rules - 2006 - present - Page 20 of 20