SA Judicial Council

1. SA Judicial Council Explanation of Duties, Powers, and Processes

2. Judicial Council Members

3. Structure of the Judicial Council • Article IV of Constitution outlines duties and powers • Judicial Board members appointed by President • Approved by Senate • Chief Justice and six Justices • Must be members of SA • Minimum eligibility requirements • Ex-Officio members • Includes SA Advisor, Senate Advisor and Clerks

4. Chief Justice • Presides over all Judicial meetings • Can subpoena SA members or documents relevant to petition • Decides procedural matters as they arise • Can declare a mistrial • Issues orders necessary to operation of Judicial • Appoints Judicial Clerks

5. The Justices and Clerks • Justices • Appointed by President and approved by Senate • Each member has one vote • If Chief Justice is absent, a designated Justice or the senior Justice presides • Clerks • Program allows insight into operation of Judicial • Have at least one year left at TU • Provide incoming President with pool of potential Justices

6. Duties • Hear petitions brought before it through the proper procedure • Ensure procedural due process for all parties • Final interpreter of Constitution and other SA documents • Issue decisions on all petitions in a timely manner • Create a record of all petitions and decisions

7. Judicial Procedure How to file a petition Powers of Chief Justice Rights of petitioners Rules for exchange of evidence Rules for Judgments Rules for recusal Judicial Code Substantive law under which the Judicial Council operates Defines Writ of Mandamus and Writ of Election Meetings Removal of members Rules of Operation

8. Types of Writs

9. Decide which Writ is appropriate Writ of Election or Writ of Mandamus Short, clear statement explaining why petitioner is entitled to relief Any documentation and supporting evidence Whether time is of the essence How do you file a petition?

10. What next? • File petition with Secretary and Chief Justice • File hard copy in SA office • Monday-Friday 8:00am to 5:00pm • Email petition and supporting material to Chief Justice • If settlement conference is required, you will be contacted within 24 hours of filing the petition

11. What happens after a petition is filed? • Settlement conference is the first step of the process • Three Justices facilitate a discussion to see if matter can be resolved • All parties must have a representative at settlement with authority to negotiate in good faith. Without authority, a default judgment is possible. • All evidence or information shared during a settlement conference will remain confidential • If settlement conference fails to resolve the issue, a trial date will be scheduled.

12. Judicial Process Rights • Right to be informed of charges • Opportunity to present evidence • Evidence due 48 hours prior to the scheduled hearing • Evidence must relate to petition • Evidence must follow Federal Rules of Evidence • Object to procedural matters • Right to know appellate options available • Receive a fair and equitable hearing on evidence • Given a fair and equitable hearing based on the evidence • Writ of Mandamus will be decided based on the preponderance of the evidence • Writ of Election will be decided base on clear and convincing evidence • Burden of proof rests with the moving party

13. SA Judicial Council Explanation of Duties, Powers, and Processes

14. Judicial Council Members

15. Structure of the Judicial Council • Article IV of Constitution outlines duties and powers • Judicial Board members appointed by President • Approved by Senate • Chief Justice and six Justices • Must be members of SA • Minimum eligibility requirements • Ex-Officio members • Includes SA Advisor, Senate Advisor and Clerks

16. Chief Justice • Presides over all Judicial meetings • Can subpoena SA members or documents relevant to petition • Decides procedural matters as they arise • Can declare a mistrial • Issues orders necessary to operation of Judicial • Appoints Judicial Clerks

17. The Justices and Clerks • Justices • Appointed by President and approved by Senate • Each member has one vote • If Chief Justice is absent, a designated Justice or the senior Justice presides • Clerks • Program allows insight into operation of Judicial • Have at least one year left at TU • Provide incoming President with pool of potential Justices

18. Duties • Hear petitions brought before it through the proper procedure • Ensure procedural due process for all parties • Final interpreter of Constitution and other SA documents • Issue decisions on all petitions in a timely manner • Create a record of all petitions and decisions

19. Judicial Procedure How to file a petition Powers of Chief Justice Rights of petitioners Rules for exchange of evidence Rules for Judgments Rules for recusal Judicial Code Substantive law under which the Judicial Council operates Defines Writ of Mandamus and Writ of Election Meetings Removal of members Rules of Operation

20. Types of Writs

21. Decide which Writ is appropriate Writ of Election or Writ of Mandamus Short, clear statement explaining why petitioner is entitled to relief Any documentation and supporting evidence Whether time is of the essence How do you file a petition?

22. What next? • File petition with Secretary and Chief Justice • File hard copy in SA office • Monday-Friday 8:00am to 5:00pm • Email petition and supporting material to Chief Justice • If settlement conference is required, you will be contacted within 24 hours of filing the petition

23. What happens after a petition is filed? • Settlement conference is the first step of the process • Three Justices facilitate a discussion to see if matter can be resolved • All parties must have a representative at settlement with authority to negotiate in good faith. Without authority, a default judgment is possible. • All evidence or information shared during a settlement conference will remain confidential • If settlement conference fails to resolve the issue, a trial date will be scheduled.

24. Judicial Process Rights • Right to be informed of charges • Opportunity to present evidence • Evidence due 48 hours prior to the scheduled hearing • Evidence must relate to petition • Evidence must follow Federal Rules of Evidence • Object to procedural matters • Right to know appellate options available • Receive a fair and equitable hearing on evidence • Given a fair and equitable hearing based on the evidence • Writ of Mandamus will be decided based on the preponderance of the evidence • Writ of Election will be decided base on clear and convincing evidence • Burden of proof rests with the moving party

25. SA Judicial Council Explanation of Duties, Powers, and Processes

26. SA Judicial Council Explanation of Duties, Powers, and Processes

27. SA Judicial Council Explanation of Duties, Powers, and Processes

28. SA Judicial Council Explanation of Duties, Powers, and Processes

29. SA Judicial Council Explanation of Duties, Powers, and Processes

30. Judicial Council Members

31. Structure of the Judicial Council • Article IV of Constitution outlines duties and powers • Judicial Board members appointed by President • Approved by Senate • Chief Justice and six Justices • Must be members of SA • Minimum eligibility requirements • Ex-Officio members • Includes SA Advisor, Senate Advisor and Clerks

32. Chief Justice • Presides over all Judicial meetings • Can subpoena SA members or documents relevant to petition • Decides procedural matters as they arise • Can declare a mistrial • Issues orders necessary to operation of Judicial • Appoints Judicial Clerks

33. The Justices and Clerks • Justices • Appointed by President and approved by Senate • Each member has one vote • If Chief Justice is absent, a designated Justice or the senior Justice presides • Clerks • Program allows insight into operation of Judicial • Have at least one year left at TU • Provide incoming President with pool of potential Justices

34. Duties • Hear petitions brought before it through the proper procedure • Ensure procedural due process for all parties • Final interpreter of Constitution and other SA documents • Issue decisions on all petitions in a timely manner • Create a record of all petitions and decisions

35. Judicial Procedure How to file a petition Powers of Chief Justice Rights of petitioners Rules for exchange of evidence Rules for Judgments Rules for recusal Judicial Code Substantive law under which the Judicial Council operates Defines Writ of Mandamus and Writ of Election Meetings Removal of members Rules of Operation

36. Types of Writs

37. Decide which Writ is appropriate Writ of Election or Writ of Mandamus Short, clear statement explaining why petitioner is entitled to relief Any documentation and supporting evidence Whether time is of the essence How do you file a petition?

38. What next? • File petition with Secretary and Chief Justice • File hard copy in SA office • Monday-Friday 8:00am to 5:00pm • Email petition and supporting material to Chief Justice • If settlement conference is required, you will be contacted within 24 hours of filing the petition

39. What happens after a petition is filed? • Settlement conference is the first step of the process • Three Justices facilitate a discussion to see if matter can be resolved • All parties must have a representative at settlement with authority to negotiate in good faith. Without authority, a default judgment is possible. • All evidence or information shared during a settlement conference will remain confidential • If settlement conference fails to resolve the issue, a trial date will be scheduled.

40. Judicial Process Rights • Right to be informed of charges • Opportunity to present evidence • Evidence due 48 hours prior to the scheduled hearing • Evidence must relate to petition • Evidence must follow Federal Rules of Evidence • Object to procedural matters • Right to know appellate options available • Receive a fair and equitable hearing on evidence • Given a fair and equitable hearing based on the evidence • Writ of Mandamus will be decided based on the preponderance of the evidence • Writ of Election will be decided base on clear and convincing evidence • Burden of proof rests with the moving party

41. SA Judicial Council Explanation of Duties, Powers, and Processes

42. Judicial Council Members

43. Structure of the Judicial Council • Article IV of Constitution outlines duties and powers • Judicial Board members appointed by President • Approved by Senate • Chief Justice and six Justices • Must be members of SA • Minimum eligibility requirements • Ex-Officio members • Includes SA Advisor, Senate Advisor and Clerks

44. Chief Justice • Presides over all Judicial meetings • Can subpoena SA members or documents relevant to petition • Decides procedural matters as they arise • Can declare a mistrial • Issues orders necessary to operation of Judicial • Appoints Judicial Clerks

45. The Justices and Clerks • Justices • Appointed by President and approved by Senate • Each member has one vote • If Chief Justice is absent, a designated Justice or the senior Justice presides • Clerks • Program allows insight into operation of Judicial • Have at least one year left at TU • Provide incoming President with pool of potential Justices

46. Duties • Hear petitions brought before it through the proper procedure • Ensure procedural due process for all parties • Final interpreter of Constitution and other SA documents • Issue decisions on all petitions in a timely manner • Create a record of all petitions and decisions

47. Judicial Procedure How to file a petition Powers of Chief Justice Rights of petitioners Rules for exchange of evidence Rules for Judgments Rules for recusal Judicial Code Substantive law under which the Judicial Council operates Defines Writ of Mandamus and Writ of Election Meetings Removal of members Rules of Operation

48. Types of Writs

49. Decide which Writ is appropriate Writ of Election or Writ of Mandamus Short, clear statement explaining why petitioner is entitled to relief Any documentation and supporting evidence Whether time is of the essence How do you file a petition?

50. What next? • File petition with Secretary and Chief Justice • File hard copy in SA office • Monday-Friday 8:00am to 5:00pm • Email petition and supporting material to Chief Justice • If settlement conference is required, you will be contacted within 24 hours of filing the petition