Sign Up / Login
Article IV: Judicial Print E-mail
Tuesday, 06 November 2007 16:56
  1. The judicial authority of the ASEWU shall be vested in the ASEWU Superior Court and such lesser courts as the ASEWU Council may establish.
  2. Purpose
    The purpose of the ASEWU Superior Court shall be to examine questionable bylaws and constitutional amendments and ensure that the ASEWU Council does not violate the ASEWU Constitution, its bylaws, the EWU Student Code of Conduct, any local, state or federal law.
  3. Definitions
    1. A “recommendation,” given by the ASEWU Superior Court, is a decision that suggests a particular course of action to the ASEWU Council or one that offers advice.
    2. A “judgment,” made by the ASEWU Superior Court, is a decision that mandates or demands a particular course of action to the ASEWU Council.
  4. Duties
    1. The ASEWU Superior Court shall serve as a court of equity, the highest appellate court in the student government judicial system, and shall have full powers of judicial review.
    2. The ASEWU Superior Court may review and render decisions with regard to:
      1. All proposed revisions of the ASEWU Constitution and its bylaws and make judgments or recommendations to the ASEWU Council,
      2. All proposed bylaws or amendments to the bylaws of the ASEWU and its committees and clubs and organizations and make judgments or recommendations to the ASEWU Council,
      3. Interpretations of the ASEWU Constitution, all governing bylaws and make judgments or recommendations to the ASEWU Council, and
      4. Performance of duties for ASEWU Council and Executives.
    3. The ASEWU Superior Court shall have the authority to:
      1. Determine if the actions or decisions of the ASEWU Council, committees or clubs and organizations are in violation of the ASEWU Constitution and/or the governing bylaws,
      2. Hear appeals from the election board and issue sanctions according to relevant bylaws established by the ASEWU Council, and the ASEWU Constitution, and
      3. Review twice annually the performance of ASEWU Council and Executives.
      The ASEWU Superior Court, and any lesser court, shall hear all cases and render recommendations or judgments in an expeditious manner, except during summer quarter. All recommendations or judgments must be presented to the ASEWU Council in writing.
  5. Procedure
    1. All proceedings of the judicial branch shall be recorded and all decisions shall be accompanied by a written opinion expressing the majority and may include dissenting or concurring opinions.
    2. A copy of all ASEWU Superior Court case records, decisions, and opinions shall be maintained in the JFK Library.
    3. All legislation or concerns given to the ASEWU Superior Court that falls under the ASEWU Superior Court’s jurisdiction must originate from any ASEWU student, and/or club or organization, and/or the ASEWU Council.
    4. The procedures for submitting legislation to the ASEWU Superior Court for recommendation are as follows:
      1. The ASEWU Council shall give every Superior Court Justice copies of proposed bills;
      2. The ASEWU Council may refer any legislation to the ASEWU Superior Court when the document involves interpretation of the ASEWU Constitution and/or its bylaws;
      3. The ASEWU Council may refer any legislation to the ASEWU Superior Court that involves amending or replacing the ASEWU Constitution and/or its bylaws.
    5. Procedures for submitting legislation to the ASEWU Superior Court for judgment:
      1. The ASEWU Council may refer any legislation to the ASEWU Superior Court when the document involves interpretation of the ASEWU Constitution and/or its bylaws;
      2. Legislation approved by the ASEWU Council or any ASEWU committee or club and organization may be submitted to the ASEWU Superior Court by any student who is not a member of the ASEWU Superior Court to verify that it complies with all precedent documents.
  6. Limitations
    1. No member of the ASEWU Superior Court may initiate or endorse any action requesting review by the ASEWU Superior Court except in cases of the twice annual performance review of ASEWU Council and Executives.
    2. Any member of the ASEWU Superior Court who intends to endorse or participate in any ASEWU election campaigning must resign their judicial position by the first day of the quarter during which elections will be held. If this does not take place, the member in question or the candidate or ballot measure that the member endorses will be considered ineligible for that election.
    3. ASEWU Council members, executives, and any other paid staff member (who works directly for the ASEWU Council) may not simultaneously sit on the ASEWU Superior Court.
    4. The ASEWU Council may overturn a judgment of the ASEWU Superior Court with a unanimous vote of the voting membership of the ASEWU Council. This decision is final and cannot be reconsidered by the ASEWU Superior Court.
  7. Requirements
    1. The justices of the ASEWU Superior Court, and any judges from lesser courts, shall be members of the ASEWU, have and maintain a two point five (2.5) cumulative grade point average, and be enrolled for and complete six (6) credit hours in the quarter immediately prior to their appointment (excluding summer quarter) at the university.
    2. The justices and judges are further responsible for keeping and maintaining their own records.
  8. Term of Office
    Members of the ASEWU Superior Court and lesser courts shall serve until they resign, cease to be a member of ASEWU (excluding summer quarter), are elected as an ASEWU Council member, an ASEWU executive officer, ASEWU cabinet member, or until impeached and convicted for causes brought to the ASEWU Council and there tried. Removal will occur on conviction and a vote of three-fourths (¾) of the ASEWU Council. Appeals may be made to the ASEWU Superior Court.
  9. Membership
    The ASEWU Superior Court shall consist of five (5) justices who shall select from its members, one who shall serve as ASEWU Chief Justice with the others serving as associate justices. Selection shall occur at the next meeting following the resignation, removal, or abdication of the ASEWU Superior Court Chief Justice. Selection shall consist of open nominations, followed by a vote done to determine the new ASEWU Superior Court Chief Justice. Simple majority shall decide the winner.
  10. ASEWU Chief Justice
    1. It shall be the duty of the ASEWU Chief Justice to preside as chairperson and chief officer at all meetings of the ASEWU Superior Court. The ASEWU Chief Justice may appoint, with the advice and consent of the ASEWU Superior Court, a court clerk and other assistants who may be beneficial to the functioning of the ASEWU Superior Court. Salaries may be granted and approved through the ASEWU Council budgeting process.
    2. In the absence of an ASEWU Chief Justice, the senior justice shall serve in the interim. If two or more justices were appointed the same year, an internal vote shall occur to decide between the qualifying justices.
    4. The ASEWU Chief Justice shall serve until they resign their position or cease to meet the terms of office of the ASEWU Superior Court.
  11. Meeting Quorum
    No court shall render an opinion, hear evidence, nor pass judgment in the absence of a quorum (simple majority of the court).
  12. Appointment
    Whenever there is a vacancy on the Superior Court the ASEWU President, with the advice and consent of the ASEWU Council, shall appoint the members of the ASEWU Superior Court.
< Prev   Next >