SA Judicial Council 2008/2009

SA Judicial Council 2008/2009 Explanation of Duties, Powers, and Processes

Judicial Council Members • Hugh M. Robert- Chief Justice • Brandi Gragg- Justice • Caroline Bettis, Justice • Alex Burch, Justice • Joseph Ocheja, Justice • Lauren Williams, Justice • Robert Hall, Justice • Jessica V. Hunt, Clerk, Ex-Officio Member • Samantha Fix, Clerk, Ex-Officio Member • Eric McCray, Clerk, Ex-Officio Member

Structure of the Judicial Council • The structure of the Judicial Council is set forth in Article IV of SA constitution along with an outline of duties and powers • The judicial board shall have seven members • These members will be appointed by SA president and Approved by SA senate • One of the members will be the Chief Justice the others will be justices • Each justice will be a member of SA • Meeting minimum eligibility requirements • There will also be ex-officio members • Including but not limited to a SA Advisor and SA senate advisor and clerks

Chief Justice • Shall preside over all Judicial meetings • Has the power to subpoena SA members, and documents deemed relevant to petition • Is the arbitrator of procedural matters as they arise • May deem any proceeding a mistrial • Issues orders necessary to ensure the operation of the council • Appoint judicial clerks

The Justices and Clerks • The Justices • Are appointed by the SA President, and Approved by the SA senate • Each member has one vote • The senior Justice or the one designated will take the place of the chief Justice in case of absence • The clerks • Developmental staff appointed by The Chief Justice and approved by the SA President • To be considered for appointment, the clerks should have at least one year to complete at TU, so as to provide experience and knowledge of SA procedures.

Duties • Hear all petitions brought before it by the proper procedure • Ensure procedural due processes are given to all parties • Be the final interpreter of the Constitution and other SA related documents • Render decisions on all petitions in a timely manner • Create a record of all cases and decisions rendered

Judicial Procedure Provides Procedure on how to file a petition What the powers the Chief Justice has Rights of those before the council Rules for exchange of evidence Rules for Judgments Rules for recusal Judicial Code Sets the substantive law under which the Judicial Council operates Defines Writ of Mandamus and Writ of Election Establishes Procedures for Meetings Removal of members Provided to creation of Judicial Procedures Rules of Operation

Types of actions • The judicial council has authority to issue two types of Writs and hear appeals • All of these are reactionary to issues brought before the Judicial Council and filed as a formal complaint: • Writ of election • Writ of mandamus • Request for relief in the form of an appeal

Writ of Mandamus is an order to enforce compliance with SA governing documents Shall not be issued in response to violations of election rules Judicial Council is the final authority The writ of election deals with case involving violations election rules. Judicial council can revoke or affirm election results A second motion to the Senate can be made but requires a 2/3 vote Writ of Mandamus &Writ of Election

Format of Petition Needs to contain a short and clear statement showing that the party filing is entitled to relief Indicate whether it is a Writ of Election, Writ of Mandamus, or Appeal Documentation and supporting evidence If the petitioner feels time is of the essence Submission of Petition Needs to be filed with SA Secretary and Chief Justice Petition is filed in SA office Monday-Friday 8:00am to 5:00pm Petition and supporting material need to be electronically filed (e-mailed to Chief Justice) Contact attempt made within 24hours to set-up settlement conference Is filed before the deadline as set forth in the governing documents or Judicial Procedure Petition Process

The Settlement Process • Settlement conference is the first step of the process for Writs of Mandamus. • Three members of the Judicial council will facilitate discussion in an informal setting to resolve the issue in a beneficial manner to both parties. • All parties will have a representative present with authority to negotiate in good faith--failure to do so may result in a default judgment • Evidence presented at settlement conference will remain confidential • If settlement process fails the Chief Justice will set up a trial date to allow both sides to present their evidence and allow the council to render a decision of the issue at hand.

Judicial Process • The party against whom a complaint is filed will be informed of the charges being heard • Will have the opportunity to present evidence • Parties shall exchange evidence 24 hours prior to the scheduled hearing • All evidence must be pertinent to petition and comply with Federal Rules of Evidence described in the Judicial Procedure • Bring objections to a procedural matter • Be informed what Appellate options are available • Given a fair and equitable hearing based on the evidence • The council will decides the case based on the evidence presented. • 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

SA Judicial Council 2008/2009