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CEJA Bylaws

Authority
Functions
Original Jurisdiction
Appellate Jurisdiction
Membership
Nomination and Election
Term
Tenure
Vacancies

6.51 Authority. The Council on Ethical and Judicial Affairs is the judicial authority of the AMA, and its decision shall be final.
   
6.52 Functions.
  6.521 To interpret the Principles of Medical Ethics of the AMA through the issuance of Opinions;
     
  6.522 To interpret the Constitution, Bylaws and rules of the AMA;
     
  6.523 To investigate general ethical conditions and all matters pertaining to the relations of physicians to one another or to the public, and make recommendations to the House of Delegates or the constituent associations through the issuance of Reports or Opinions;
     
  6.524 To receive appeals filed by applicants who allege that they, because of sex, color, creed, race, religion, disability, ethnic origin, national origin, sexual orientation, gender identity, or age, or for any other reason unrelated to character or competence have been unfairly denied membership in a component and/or constituent association, to determine the facts in the case, and to report the findings to the House of Delegates. If the Council determines that the allegations are indeed true, it shall admonish, censure, or in the event of repeated violations, recommend to the House of Delegates that the constituent and/or component association involved be declared to be no longer a constituent and/or component member of the AMA;
     
  6.525 To request that the President appoint investigating juries to which it may refer complaints or evidence of unethical conduct which in its judgment are of greater than local concern. Such investigative juries, if probable cause for action be shown, shall submit formal charges to the President, who shall appoint a prosecutor to prosecute such charges against the accused before the Council on Ethical and Judicial Affairs in the name and on behalf of the AMA. The Council may acquit, admonish, suspend, expel or place on probation the accused; and
     
  6.526    To approve applications and nominate candidates for affiliate membership as otherwise provided for in Bylaw 1.12.

 

6.53 Original Jurisdiction. The Council on Ethical and Judicial Affairs shall have original jurisdiction in:
  6.531 All questions involving membership as provided in Bylaws 1.111, 1.112, 1.12, 1.14 and 1.60.
     
  6.532 All controversies arising under this Constitution and Bylaws and under the Principles of Medical Ethics to which the AMA is a party.
     
  6.533  Controversies between two or more state associations or their members and between a constituent association and a component society or societies of another state association or associations or their members.
6.54 Appellate Jurisdiction. The Council on Ethical and Judicial Affairs shall have appellate jurisdiction in questions of law and procedure but not of fact in all cases which arise:
  1. Between a constituent association and one or more of its component societies.
  2. Between component societies of the same constituent association.
  3. Between a member or members and the component society to which the member or members belong following an appeal to the member’s constituent association.
  4. Between a member and the component society or the constituent association to which the member belongs regarding disciplinary action taken against the member by the society or association.
  5. Between members of different component societies of the same constituent association following a decision by the constituent association.
     
  6.541   Appeal Mechanisms. Notice of appeal shall be filed with the Council on Ethical and Judicial Affairs within thirty days of the date of the decision by the component society or the constituent association and the appeal shall be perfected within sixty days thereof; provided, however, that the Council on Ethical and Judicial Affairs, for what it considers good and sufficient cause, may grant an additional thirty days for perfecting the appeal.
6.55 Membership.
  6.551 Nine active members of the AMA, one of whom shall be a resident/fellow physician and one of whom shall be a medical student. Members elected to the Council on Ethical and Judicial Affairs shall resign all other positions held by them in the AMA upon their election to the Council. No member, while serving on the Council on Ethical and Judicial Affairs, shall be a delegate or an alternate delegate to the House of Delegates, or an Officer of the AMA, or serve on any other council, committee or as representative to or Governing Council member of an AMA Section.
     
  6.552   Limit on Medical Student Participation.The medical student member of the Council shall have the right to participate fully in the work of the Council, including the right to make motions and vote on policy issues, elections, appointments, or nominations conducted by the Council, except that in disciplinary matters and in matters relating to membership the medical student member shall participate only if a medical student is the subject of the disciplinary matter or is the applicant for membership.
   
6.56 Nomination and Election. The members of the Council shall be elected by the House of Delegates on nomination by the President-Elect who assumes the office of President at the conclusion of the meeting. State medical associations, national medical specialty societies, Sections, and other organizations represented in the House of Delegates, and members of the Board of Trustees may submit the names and qualifications of candidates for consideration by the President-Elect.
6.57 Term.
  6.571 The medical student member of the Council shall be elected for a term of two years. If the medical student member ceases to be enrolled in an educational program at any time prior to the expiration of the term for which the medical student member was elected, the service of such medical student member on the Council shall thereupon terminate, and the position shall be declared vacant.
     
  6.572 The resident/fellow physician member of the Council shall be elected for a term of three years provided that if the resident/fellow physician member ceases to be a resident/fellow physician at any time prior to the expiration of the term for which elected, the service of such resident/fellow physician member on the Council shall thereupon terminate, and the position shall be declared vacant.
     
  6.573   All other members of the Council shall be elected for a term of seven years, so arranged that at each Annual Meeting the term of one member shall expire.
6.58 Tenure. Members of the Council may serve only one term, except that the resident/fellow physician member and the medical student member shall be eligible to serve for two terms. A member elected to serve an unexpired term shall not be regarded as having served a term unless such member has served at least half of the term.
   
6.59 Vacancies.
  6.591 Members other than the Resident/Fellow Physician Member. Any vacancy among the members of the Council other than the resident/fellow physician member shall be filled at the next meeting of the House of Delegates. The new member shall be elected by the House of Delegates, on nomination by the President, for the remainder of the unexpired term.
     
  6.592    Resident/Fellow Physician Member. If the resident/fellow physician member of the Council ceases to complete the term for which elected, the remainder of the term shall be deemed to have expired. The successor shall be elected by the House of Delegates at the next Annual Meeting, on nomination by the President, for a three year term.