Judicial Council By-Laws
The Judicial Council recognizes its duties of constitutional interpretation, legislative interpretation, and conflict resolution as granted by the United Students Government (USG) Constitution. Each student shall be protected by equal justice under the USG governing documents, and openness in all proceedings involving the Judicial Council.
ARTICLE I. INITIATION OF GREIVENCES
Section I.
The plaintiff shall file a grievance with the Rules and Regulations Chair in addition to the Chief Justice. The grievance shall contain the names of the plaintiff and the defendant and the time, location and date of the violation. It shall also contain the cause of the grievance and the names of any witnesses. For election regulations, the Chief Justice will set a time and place for the hearing within one (1) class day of receipt of the grievance. For constitutional and legislative interpretation, the Chief Justice will set a time and place for the hearing within five (5) class days of receipt of the grievance. All plaintiffs, defendants, and witnesses named in the grievance shall receive confirmation from the Chief Justice that the grievance has been filed. Without confirmation, no grievance will be considered filed with the Council.
Section II.
The plaintiff and defendant shall have the right to be represented by counsel of their own choosing, to present witnesses and documentary evidence as may be pertinent and to cross-examine witnesses offered by the other party.
Section III.
The Judicial Council shall render a decision in writing within one (1) class day of the conclusion of the hearing for election regulations. A decision in writing shall be rendered within five (5) class days from the date of the hearing for constitutional and legislative interpretation or any other cases heard by the Judicial Council. In case of extenuating circumstances for any hearing, the Chief Justice, subject to majority approval of the Council, may extend the period of deliberation according to his or her discretion.
Section IV.
The failure of the plaintiff or their representative to appear before the Judicial Council without justifiable cause approved by the Council shall terminate his or her right for grievance.
Section V.
Prior to the hearing, the Council will issue procedural guidelines to the parties involved. These instructions will specify operational policies and restrictions imposed by the Council for the sake of efficiency and effectiveness in the hearings. The intent of these guidelines will be left to the discretion of the Council.
Section VI.
The defendant and plaintiff shall identify their attorneys or representatives to the Council before each hearing begins. No individuals other than those designated representatives shall be allowed to argue the case during the course of the hearing.
ARTICLE II. INTERNAL PROCEDURES
Section I.
The Council shall have quorum where there is an acting Chief Justice, who if at all possible should be the appointed Chief Justice, and at least five (4) other acting Justices present at the beginning of a session. Once the session has been called to order, a member may declare himself disqualified due to personal involvement and excuse himself from the session. The quorum will remain and the Council’s decisions will be valid.
Section II.
In case of an abstention on the part of the Chief Justice, the duties of that post shall be filled by the Assistant Chief Justice.
Section III.
The USG Judicial Council shall convene at the discretion of the Chief Justice in order to conduct normal business matters. Three or more Justices may ask the Chief Justice to call a meeting; should the Chief Justice refuse to act, the Justices may call the meeting independently with same quorum and procedure guidelines in effect.
Section IV.
A majority opinion shall be written by a Justice voting in the majority. A minority opinion is not required, but may be written.
Section V.
The majority opinion must bear the signature of each Justice voting in the majority. After approval, one copy is to be placed in the USG Judicial Council permanent file. Others are to be issued to all parties involved.
Section VI.
The Chief Justice will decide which activities and meetings of the Council require mandatory attendance from the Justices. Upon accumulating more than four (5) unexcused absences, the Justice in question will be dismissed from the office of Justice. If after more than four (5) absences, the Chief Justice must show proof of absences on the part of the Justice in question to the Rules and Regulations Chair. Upon gaining the approval of the Rules and Regulations Chair, the Chief Justice may carry out the removal of the Justice in question.
Section VII.
It shall take a majority vote of the Justices to suspend or change the Rules of Order of the Judicial Council.
ARTICLE III. WRITS
Section I.
(a) A signed, written, and witnessed statement shall be required from any Justice to authorize an injunction in cases pertaining to an election.
(b) A signed, written, and witnessed statement shall be required from at least three (3) Justices to authorize an injunction in cases pertaining to constitutional, legislative, and any other matters.
(c) The purpose of the writ of injunction will be to forbid those named in the writ or his agents to (1) do, (2) threaten, (3) attempt, or (4) continue an act which is unjust, inequitable, or injurious and which cannot be immediately redressed by action of the Council.
(d) If a hearing is requested, the status of the writ shall be determined by the outcome of the hearing.
Section II.
Writs of Mandamus may be issued by the Judicial Council to inform USG. officials, that adequate evidence of negligence and/or abuse of their duties and responsibilities has been shown. A case for remedial action or removal may be submitted to/by the Council if adequate evidence is shown that the writ has been ignored.
Section III.
The Chief Justice will be notified of any and all writs before they are served for the purpose of ensuring proper protocols are followed by all parties involved, and not necessarily to gain the Chief Justice’s support for or against the writ’s issuance. If a writ is issued without the prior notification of the Chief Justice then the status of the writ will be determined by the Council once the Chief Justice is aware of the writ.
ARICLE IV. REMOVAL OF JUDICIAL COURT JUSTICES
Section I.
Removal of Justices
a) A complaint concerning Justice of the USG Judicial Council may be filed with the Rules and Regulations Chair in addition to the Chief Justice by any Senator, Executive Branch member, Judicial Court Justice, or student.
(b) Upon receipt of the complaint, the Rules and Regulations Chair has one week to convene the performance review committee to consider the matter.
(c) The performance review committee shall be made up of the USG President, Chief Justice, Senator Pro-tempore. The committee chair shall be the Rules and Regulations Chair. The chair shall serve as the facilitator of the discussion. If the complaint is made by a Judicial Council Justice or the Judicial Council Chief Justice, that person shall then forfeit his or her position in the review process and any subsequent appeal as secondary to his or her position as the filer of the complaint. The Rules and Regulations Chair must then select another member of the Judicial Council to serve on the performance review committee. If the complaint is made by the USG President, the Executive-Vice President shall be selected as a replacement for the President on the committee. If the complaint is made by the Senator Pro-Tempore, the Rules and Regulations Chair must then select another member of the Senate to serve on the performance review committee. If the complaint is made by the Rules and Regulations Chair, the complaint must be filed with the Senator Pro-Tempore who will then chair the committee.
(d) The performance review committee shall base their decision on a vote by all members excluding the committee chair. A majority vote is needed to decide in favor of removing the Council Justice in question.
(e) The Justice in question may appeal the performance review committee’s decision to the Senate Rules and Regulations committee minus its Chair. The Rules and Regulations committee must have a majority vote of all vote castors to uphold a removal. Only Senators originally assigned to the Rules and Regulations committee may cast a vote. This special committee has one week from the announcement of the performance review committee’s decision to convene and make a decision. This special committee’s decision may be appealed to the Advisor of the USG, who has one week to rule on the matter.
Section II.
Removal of the Chief Justice
(a) Following the impeachment of the Chief Justice by the Student Senate, the Chief Justice shall be subject to the process outlined in Section I with the Chief Justice being replaced by a Justice selected by the whole Judicial Council excluding the Chief Justice.
ARTICLE V. ACADEMIC POLICY
Section I. No member of the Judicial Council shall be on scholastic or conduct probation with the university. All officers and members must comply with the academic policies set forth in the University Rules and Regulations, as well as have at least a 2.25 cumulative grade point average while in office.
ARTICLE VI. OATH OF OFFICE
I, (state name), do solemnly affirm that I will faithfully execute the duties of the office of (state office) to which I have been (elected or appointed) and will to the best of my ability, preserve, protect, and defend the Constitution of the United Students’ Government of Buffalo State College.
ARTICLE VII. BY-LAW REVISIONS
Section I.
Amendments to the Judicial Council By-Laws shall be voted on by a two-thirds (2/3) vote of Judicial Council. Revisions of the Judicial Council By-Laws must then be presented by a Justice of the Judicial Council to the Rules and Regulations Chair prior to being placed on the Student Senate agenda. The revisions must then pass the Senate with a 2/3 vote of those present and voting.
ARTICLE VIII. OFFICER POSITIONS
Section I. The role of the Assistant Chief Justice is to assist the Chief Justice in leading and running the Judicial Council. The Assistant Chief Justice shall assist and advise the Chief Justice on issues or matters pertinent to the Judicial Council. The Assistant Chief Justice is to perform all clerical duties of the court. Clerical duties involve taking the filed appeal, working with all parties to set up appeal, securing evidence, and any other duty the court deems necessary.
Section II.
Rules and Regulations Chair
a) The Rules and Regulations Chair is a non voting officer of the Court.
b) The mission of Rules and Regulations Chair is to but not limited to: providing appropriate counsel to parties involved during the appeals process, and to help maintain proper court procedure.
c) The Rules and Regulations Chair, if the parties accept counsel will then meet the party to decide on a course of action.
d) This counsel includes but is not limited to; helping party with evidence, and helping party before and during the appeal.
ARTICLE X. ADVISOR EXPECTATIONS
Section I.
The Advisor for the USG is expected to help maintain an open, working relationship with the Chief Justice. The Advisor is also expected to facilitate opportunities for Justices of the Judicial Council to exercise initiative and judgment within a proper measure of autonomy. The Advisor is also expected to assist and advise the Chief Justice and the Justices of the Judicial Council in pertinent issues or questions that may arise over the course of the year.
