Judicial Council By-Laws
Updated: February 10, 2009
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 GRIEVENCES
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. Both the plaintiff and defendant will have the option of taking the counsel provided by the Rules and Regulations Chair. The option is available equally to both parties, and both parties may choose to not take this counsel. In the situation that an Executive Board or Senate member should have an incident, they will also be given the opportunities to be represented by the Rules and Regulations Chair.
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. Depending on the circumstances, The Council reserves the right to impose a sanction for non-attendance.
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.
Section VII.
- (a) When a report is presented to the Business Staff of USG and or any officer regarding an organization that violated a policy or damaged property, it immediately is to be reviewed by the Rules and Regulations Chair. Upon review, the Rules and Regulations Chair will determine if the issue at hand merits filing a grievance.
- (b) If the report doesn't merit a grievance, the Executive Board may meet with the organization to clarify what occurred. A grievance may be considered necessary later.
- (c) If the report merits a grievance, the issue is immediately turned over to the Judicial Council Chief Justice and the Judicial Council will convene to hear the case. At no point will any meeting occur between the organization and anyone other than the USG Judicial Council.
- (d) At no point is any other branch of USG, other than the Judicial Council, to discuss, negotiate or implement any punishment or sanction on any organization in an attempt to rectify a situation.
Section VIII.
There shall be no discussion by any USG member or anyone speaking in an open forum about a pending judicial case until it is brought before the council.
ARTICLE II. INTERNAL PROCEDURES
Section I.
The Council shall have quorum where there is an acting Chief Justice and at least four (4) other acting Justices. 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.
The Chief Justice shall chair all hearings and represent the council in all meetings and conferences. In case of an abstention or inability 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 or the Chief Justice, which ever the Chief Justice deems necessary.
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 (4) unexcused absences, the Justice in question will be dismissed from the office of Justice. If after more than four (4) 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.
All Judicial Council deliberations shall be considered an executive session and shall only be open to Justices of the Judicial Council.
Section VIII. It shall take a majority vote of the Justices to suspend or changed the Rules of Order of the Judicial Council
ARTICLE III. APPEAL PROCESS
Section I.
At the Council's discretion the appeal process will consist of an organization having five (5) business days from the prior hearing date to re-submit a grievance form. However the appeal will be denied if the violation is a clear violation as stated in the USG constitution. In addition, the organization must prove there is additional evidence that would grant the case re-evaluation.
Section II.
Once the appeal has been granted the organization has the option to bring a maximum of two (2) other representatives from the organization.
ARTICLE IV. STATUTE OF LIMITATIONS
Section I. The Judicial Council shall have jurisdiction over any case as long as the student involved is an activity-fee paying student.
ARTICLE V. 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 VI. 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 recommendation 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 recommendation is to be presented to the Senate by the Performance Committee Chair within seven (7) days of the recommendation. The Senate is to vote on the recommendation and a 3/4 vote is required to uphold the recommendation.
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 VII. ACADEMIC POLICY
- Section I.
(a) 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.
- (b) First semester freshmen and transfer students who have not acquired a formal cumulative grade point average from Buffalo State College may be appointed to the position of Justice. This position will be probationary until they satisfy the minimum requirements to serve as a Justice, which must be fulfilled by the end of the semester in which they were sworn in. If they fail to do so they will vacate their seat on the Council.
ARTICLE VIII. 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 IX. 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 X. OFFICER POSITIONS
Section I.
The Chief Justice shall keep a minimum of six (6) in-office hours per week.
- a) Half shall be held during business hours per week.
- b) Business hours being defined as 8:30 am to 5:00 pm Monday through Friday.
Section II.
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 the clerical duties of the court, at the request the of the Chief Justice.
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 III. 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 XI. 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.
