Difference between revisions of "Judicial Court"

Revision as of 14:32, 20 June 2017

AUTHORITY:
This Code is established under Article IX of the Associated Students Constitution of California State University, Northridge, Inc.

PURPOSE:
The purpose of this Code is to outline and define the membership, terms of office, powers, duties, meetings, and judicial processes of the A.S. Judicial Court.

DATE OF EFFECTIVENESS:
This Code shall be effective when approved by a majority vote of the Associated Students Senate.

AMENDMENTS:
This Code may be amended by a majority of the total voting membership of the Associated Students Senate.

RESPONSIBILITIES

The Judicial Court is established under the authority of the Associated Students Constitution, and is responsible for ensuring that Associated Students actions, policies, and procedures are in alignment with the terms and spirit of the A.S. Constitution. Among, but not exclusive to, those responsibilities includes oversight of the A.S. process for chartering new campus clubs, reviewing purpose and name changes of A.S. chartered organizations, hearing challenges to the constitutionality of A.S. Elections-related issues, and making determinations of the constitutionality of an issue, subject, policy or procedure of the Associated Students. The Judicial Court shall have the responsibility upon the conclusion of judicial proceedings to make recommendations on any changes on or clarification of the A.S. Constitution, Senate Standing Rules, Codes, and other University policies.

MEMBERSHIP

The membership of the A.S. Judicial Court shall consist of the following:

• Voting Members (5 total):

1. Chief Justice
2. Four (4) Associate Justices, one of which will be appointed as the Vice Chief Justice by the Chief Justice.

• Non-Voting Members (3 total):

1. Attorney General
2. Senate Representative to the Judicial Court
3. Advisor to the Judicial Court
   

QUORUM AND ABSENCES

1. Quorum for the A.S. Judicial Court shall be defined as a minimum of three (3) voting members present.
2. Voting members of the Judicial Court may have no more than three (3) unexcused absences from official meetings/hearings of the Judicial Court per academic year.
3. Any voting member of the Judicial Court who has more than three (3) unexcused absences per academic year will be considered as having vacated the seat.
4. Voting members of the Judicial Court may have a combination of no more than two (2) unexcused absences and three (3) excused absences per academic year.
5. Voting members of the Judicial Court who arrive more than fifteen (15) minutes late to any official meeting/hearing without notifying the Chief Justice an hour prior to the meeting/hearing shall be considered an unexcused absence.
6. The Attorney General will be responsible for reporting unexcused absences from the Judicial Court to the A.S. President.
   

APPOINTMENTS AND TERMS OF OFFICE

The following outlines the methods and terms of office for the A.S. Judicial Court.

• Chief Justice:

1. The Chief Justice shall be appointed by the A.S. President and confirmed by a majority of the total voting membership of the A.S. Senate.
2. The term of office for the Chief Justice is one-year, to be concurrent with that of the A.S. President who appoints them.
3. The Chief Justice may be recommended for reappointment by any future administrations without limit to the number of reappointments.
4. * Four (4) Associate Justices:
5. Associate Justices shall be appointed by the A.S. President and confirmed by a majority of the total voting membership of the A.S. Senate.
6. The term of office for an Associate Justice is two (2) years from the date of their appointment to the Judicial Court.
7. An Associate Justice may be recommended for reappointment by any future administration without limit to the number of reappointments.

• A) The Vice Chief Justice: The Vice Chief Justice shall be appointed by the Chief Justice at the first official meeting of each semester and confirmed by a majority vote of the voting membership of the Judicial Court. There is no limit to the number of times an Associate Justice may be approved to hold the position of Vice Chief Justice.
• Senate Representative to the Judicial Court:

1. The Senate Representative to the Judicial Court is nominated by the A.S. Senate at the first meeting of each new Administration (June), and is approved by a majority vote of the A.S. Senate. The term of office is a maximum of one year, ending with the last meeting in May of each year. In the event of a vacancy in the Senate Representative position, a new appointment will be made at the next Senate meeting.
   

MEETINGS

Regular meetings of the A.S. Judicial Court will be on Mondays at 2:00 pm. The location of the meetings will be posted seventy-two (72) hours or three working days prior to the meeting as part of the regular agenda. The time and date of the meetings may be changed by a majority vote of the A.S. Senate. The Judicial Court shall have the ability to create any procedures which will ensure a fair and orderly hearing.

DUTIES

In addition to the duties and processes outlined in the A.S. Constitution, the following specific duties apply to the Judicial Court:

• The Chief Justice will:

1. Prepare and appropriately distribute agendas for all meetings and proceedings of the Judicial Court.
2. Chair all meetings and proceedings of the Judicial Court.
3. Ensure that majority, and, if applicable, minority dissenting opinions are written and published for distribution.
4. Present pending constitutions for approval and address Senate questions related to those constitutions.

• The Vice Chief Justice will:

1. Act as the Chief Justice in the absence of the Chief Justice, and will carry out those duties as outlined in the A.S. Code on the Judicial Court;
2. Take minutes of all Judicial Court meetings and decisions, and make sure a historical record of the Judicial Court is kept, including copies of all majority and, if applicable, minority dissenting opinions written and published online.
3. Post the minutes in the A.S. Student Leadership Suite and on the A.S. website within twenty-four (24) hours following any meeting or Judicial Proceeding.
4. Be distributed to: The A.S. President and Vice President;The A.S. Senate; The membership of the A.S. Judicial Court; The A.S. Coordinator for Student Leadership; The A.S. Government Secretary; The A.S. Government General Manager; The A.S. Chair for Clubs and Organizations; Members of the A.S. Executive Cabinet; Advisor to the A.S. Judicial Court; Assistant Director, Matador Involvement Center.
5. Ensure that permanent files of the minutes and other historical information are kept by the A.S. Government Secretary.

• The Associate Justices will:

1. Participate fully in all related Judicial Court meetings and hearings.
2. Write and sign opinions.

• The Senate Representative to the Judicial Court will:

1. Ensure the A.S. Senate is informed of the work and issues present before the Judicial Court.
2. Ensure the Judicial Court is similarly informed of the Senate.

• The Attorney General will:

1. Represent the issues and processes of the Associated Students in matters presented to the Judicial Court for review.
2. Notify the Senate of final decisions made by the Judicial Court, and notify the Judicial Court of any decisions to overturn made by the Senate.
   

PROCESSES