Changes to the current Rules of the Judiciary (version from 2014)
*** new constitution
Things to look at:
- New constitution
- Group’s constitutions
- Mechanism for removal
- Robert’s Rules of Order
- What redress can the judiciary do? (e.g. unrecognize a group, recommend to student org committee to unrecognize a group)
- No selection criteria allowed by student groups (by federal law)
- HERO, APTT aren’t student groups anymore
Other changes Add a section: absences of justices – about recusal and other needs for absences Specify protocol for absence of chief justice Add that justices can grant respondent and petitioner extensions to submit materials based on extenuating circumstances, at the justices’ discretion
The Constitution says, “The Judiciary Board shall be responsible for interpreting the Constitution and Bylaws, enforcing election procedures, and serve as the final avenue of appeal for all matters relating to the SGA” – is there anything we want to add regarding enforcing election procedures, since this is separate from the case protocols structured?
- Part I
- Section 1
- It should say: The Judiciary is established by Article V of The Constitution
- “Justices serve for a one-year term”
Specify that justices need to be full-time students (per Constitution) Rephrase who can request advisory opinions: “the Judiciary may also be asked by the SGA’s Constitution and By-Laws Committee for advisory opinions” to “the Judiciary may also be asked exclusively by the SGA’s Constitution and By-Laws Committee for advisory opinions” ****note: Ryan says there is no constitution and by-laws committee; however, there is an internal affairs committee Other groups can ask the committee to submit advisory opinions Change “regarding the constitutionality of any legislation or acts of the SGA” to Regarding SGA affiliated groups
- Non-binding advisory opinions - add a section with detail?
- Section 3
- Every semester a chief justice is elected
Interim chief justice if chief justice recuses themselves or must be absent for judiciary activity for a prolonged period of time Section 4 Change “the supreme law of the land” to “the supreme of all matters relating to the SGA” Delete sentence regarding “full force and effect of law”
- Part II
- Section 3: Summary Judgments
The petitioner and respondent will each have the opportunity to submit an addendum to their petition or response The petitioner will have to provide their addendum within four calendar days of receiving the respondent’s response, and the petitioner will have to provide their addendum within 3 calendar days of receiving the petitioner’s addendum (or notice that the petitioner will not submit an addendum)
- If four or more judges agree that all pertinent information is clearly transmitted by the petition for a writ of certiorari and response, then the judiciary can issue a judgment without oral arguments
- Part III
- Section 2: Rule of One
Rule of One à Rule of two Emergency injunctions (Part II section I), stays (Part II section II)
- Section 3
- Judiciary should include an explanation
Section 4 Change ten days to 4 calendar days
- Part IV
- Section 2
- Submit at least 24 hours in advance
- Part V
- Section 1
- Petitioner and respondent get 20 min each
- Time stops when judges ask questions
- Amicus Curiae get 10 min
- Section 3
- Notice of oral arguments will only be transmitted to interested parties (e.g. members of a student group involved in a trial)
- Section 4
- Closed session is allowed for sensitive things, but hearings should be public
- No real private matters will go to us, so all hearings should be public
- Part VI
- Section 6
- Will be transmitted to student orgs
- **student body not equal to all undergrads
- Section 7
- Where is the archival? Digital