Judicial Committee

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Contents

About Judicial Committee

The Judicial Committee is a delineated committee of the Board of Directors, chaired by the Director of Operations, which is designed to give objective recommendations or judgments with respect to legality, precedence, and procedure. The recommendations are on any number of issues including bylaws or constitutional amendments, bills from the Board of Directors, ballot measures, elections complaints, or any legislation requesting Judicial Review. It is also responsible for adopting the Elections Policies and Procedures. In order for Judicial to review anything a student must fill out the Request for Review Form which is adopted by the Judicial Committee and approved by the Board Every Year.

Notable Cases

2008 Controversy Over Proposed Ballot Measures

The Board of Directors for the 107th Session referred two proposed ballot measures to the Judicial Committee as BOD Bills 1.09 and 1.10. The Judicial Committee submitted a unanimous judgment on April 30, 2008, which they then reaffirmed on May 7, 2008 that the proposed ballot measures were submitted past the deadline mandated by Article XIII, Section 2 of the ASUW Constitution and Article XIII, Section C of the ASUW Bylaws. The Board of Directors overturned these judgments, resulting in an election complaint by President Tyler J. Dockins against members of the Board who voted to overturn the judgments. The Judicial Committee then ruled on the election complaint, choosing to refer it the the Attorney General and University Ombudsman, and their ruling was upheld by the Board. To date, no response has been received on this matter.

Delineated Duties

ASSOCIATED STUDENTS OF THE UNIVERSITY OF WASHINGTON


BYLAWS OF THE BOARD OF DIRECTORS


ARTICLE XV


ARTICLE XV- ASUW JUDICIAL COMMITTEE

SECTION 1: PREAMBLE

The Judicial Committee has been created to ensure that the actions of the ASUW subscribe to the goals and guidelines as set forth in its Articles of Incorporation, Constitution, and Bylaws. Creation of this Committee is by no means designed as a check to the BOD; rather it is intended to provide the BOD with a resource for further investigation of complex legal and policy issues. The Judicial Committee must, therefore, recognize that the BOD retains the final decision making power of the ASUW with every issue on which the BOD chooses to take action.

SECTION 2: MEMBERSHIP OF THE JUDICIAL COMMITTEE

The membership of the Judicial Committee is delineated in the ASUW Constitution Article VIII, § 2, A. In cases involving review of elections violations, Judicial Committee members who are BOD members, including the Chair and ASUW President or proxy, shall not be involved in discussion or voting. Committee members excluded from participation may be called upon by the remaining members of the Committee to address complaints filed by and/or against him/her.

A. Voting members of the committee shall include:

1. An at-large member of the Board of Directors shall serve as Chair of the Judicial Committee;
2. ASUW President or proxy;
3. The Secretary of Judgments, who shall be an at-large member of the Judicial Committee;
4. The Secretary of Recommendations, who shall be an at-large member of the Judicial Committee;
5. Two additional at-large members; and
6. One member of the Student Senate.

B. Non-voting members of the Committee shall include:

1. A liaison from Student Legal Services; and
2. A representative of the Student Activities Office.

SECTION 3: DEFINITIONS

A. Recommendations.

A recommendation is a decision made by the Judicial Committee that suggests a particular course of action to the BOD (ASUW Constitution Article VIII, § 2, B, 1, a).

B. Judgments.

A judgment is a decision made by the Judicial Committee that mandates a particular course of action to the BOD (ASUW Constitution Article VIII, § 2, B, 1, b).

C. Requests for Review.

A “Request for Review” is the official form that must be completed in order to request Judicial Committee action. The form, to be designed by the Judicial Committee and approved by the BOD, must include the following information:

1. Submitter’s name;
2. Submitter’s student number (to verify student status.);
3. Appropriate reference number of legislation, if applicable (Board of Directors Bill number, location in the ASUW Constitution or Bylaws where the violation is said to occur, or sections of the Constitution or Bylaws that submitter would like the Judicial Committee to review.);
4. Purpose of legislation or an explanation of the request (A brief summary of the intent of the legislation in question or a description of the question being asked of the Judicial Committee.); and
5. Justification for review (i.e. specific references to where the ASUW has violated its governing laws or policies; an in-depth description of the action, or an explanation of why the submitter believes there is a need for Judicial Review of the matter in question.)

D. To reach quorum requires the presence of at least four voting members of the Judicial Committee.

SECTION 4: DUTIES

A. Duties of the Judicial Committee Chair.

1. Ensuring Committee actions conform with guidelines delineated in the ASUW Constitution and Bylaws.
2. Assigning tasks to Committee members as necessary to successfully fulfill the purpose of the Judicial Committee as delineated in the Constitution.
3. Writing reviews, recommendations, and judgments in accordance with the findings of the Judicial Committee.
4. Presenting recommendations and judgments of the Committee to the BOD, unless this responsibility is specifically delegated by the Chair to an at-large member of the Judicial Committee.
5. Ensuring all members of the Committee are contributing. If the Chair finds any member(s) to be inadequately carrying out their responsibilities, the Chair will report any inadequacies to the Vice President for review.
6. Assign at-large members of the Committee to the Secretary positions by the second meeting of Fall Quarter.
7. To reassign some responsibilities of the Secretaries if the work load is determined to be excessive for one individual.
8. Prepare a review of the performance of two-year appointees at the end of their first year for the incoming Judicial Committee Chair.

B. Secretary of Judgments

One at large member of the Judicial Committee who is not serving as the Secretary of Recommendations shall serve as Secretary of Judgments. The duties of the Secretary include:

1. To provide additional research deemed necessary as delineated in these Bylaws;
2. To serve as Chair of the Judicial Committee when hearing matters relating to ASUW elections; and
3. Perform duties as assigned by the Chair of the Judicial Committee.

C. Secretary of Recommendations.

One at large member of the Judicial Committee who is not serving as the Secretary of Judgments shall serve as Secretary of Recommendations. The duties of the Secretary include:

1. To provide additional research deemed necessary as delineated in these Bylaws;
2. To serve as Vice Chair of the Judicial Committee; and
3. Perform duties as assigned by the Chair of the Judicial Committee.

D. Voting membership of the Judicial Committee.

All voting members of the Judicial Committee will perform duties as assigned by the Chair of the Judicial Committee.

SECTION 5: FUNCTIONS AND LIMITATIONS

The functions and limitations of the Judicial Committee shall be as delineated in the ASUW Constitution with the following provisions:

A. Relationship to the BOD.

In no way shall the functions and powers of the Judicial Committee replace or supersede those of the Board of Directors as granted in the ASUW Constitution;

B. Constitutional limitations.

The Judicial Committee may undertake no action of its own without that power being explicitly delineated in the ASUW Constitution or specifically granted by the Board of Directors;

C. Right of referral.

The Judicial Committee reserves the right to defer review of an issue pending recommendations from the appropriate University authority for legal or procedural information if the issue involves investigation beyond their means and/or if the consequence of their decision warrants such action;

D. The Judicial Committee must follow University guidelines when referring issues to the University resources; and

E. The Judicial Committee must recognize the authority of University resources upon receiving requested recommendations from that University resource.

SECTION 6: PROCEDURES OF THE COMMITTEE

The Committee shall use Sturgis Standard Guide to Parliamentary Procedure in accordance with BOD Bylaws. Situations allowing the Judicial Committee to review ASUW actions for recommendation and judgment are delineated in the ASUW Constitution.

A. Procedures for submission.

1. The presented information requesting Judicial Committee action must meet the criteria delineated in the ASUW Constitution.
2. Students who are requesting Judicial Review must fill out a "Request for Review."
3. The student(s) must then submit the “Request” to the Chair of the Judicial Committee five days prior to the next scheduled Judicial Committee meeting.
4. Submitted “Requests for Review” that ask for a Judicial Committee judgment must be filed no longer than ten regular class days after the BOD decision in question.
a. The Judicial Committee may extend the deadline a maximum of five regular class days when provided with sufficient justification from submitter.
b. Re-filed “Requests for Review” must be submitted within five regular class days of its return in order to be considered by the Judicial Committee.
5. Submitted “Requests for Review” that are past deadline shall not be considered by the Judicial Committee. In these instances, only new legislation by the BOD can reverse/replace a prior action/decision of the ASUW, BOD, or ASUW Entity.

B. Procedure for review.

1. The Chair will then verify all information on the Request as well as perform any additional research deemed necessary.
2. The Judicial Committee shall, at its next meeting, review the merits of the Request. At this time the committee may vote by simple majority on one of the following actions:
a. Vote to investigate the “Request” further and offer a recommendation/judgment on this or a later date;
b. Refer the “Request” back to the submitter with requests for further information;
c. Reject the "Request for Review" if the issues involved are outside the jurisdiction of the Judicial Committee or are not felt to be grounded in fact; or
d. Refer the issue to the appropriate University resources for legal or procedural information.
C. If the Judicial Committee decides to investigate, they must provide a written summary of their conclusions to the submitter as well as members of the Board of Directors. These conclusions, once presented to the Board at their next meeting, are not debatable. However:
1. The submitter may choose to re-file the “Request” as long as sufficient revisions have been completed that warrant further inquiry by the Judicial Committee; and
2. The Board of Directors may overturn judgments of the Judicial Committee as delineated in the ASUW Constitution.

D. If the Judicial Committee refers the “Request” back to the submitter, the Committee must provide, in writing, the specific information needed to review the “Request.”

E. If the Judicial Committee rejects the “Request”, they must provide a written summary of the reasons for rejection. This rejection, once written, is not debatable; however, the submitter may choose to re-file the “Request” as long as sufficient revisions have been completed such that further inquiry by the Judicial Committee is warranted.

F. If the Judicial Committee refers the “Request” to an “appropriate University resource,” the Committee must provide the submitter, in writing, a summary of the Committee's reasoning for such referral.

G. The Judicial Committee must approve and amend as necessary the final text of the summary during the next meeting after a Committee decision has been made, unless the Committee finds that the matter is of a timely nature and would hinder ASUW operations if delayed, in which case a draft of the review may be approved at the initial meeting. If the Judicial Committee elects to approve a draft version of their review, the Chair must provide the final version at the next meeting.

SECTION 7: ADDITIONAL PROCEDURES FOR REVIEW OF ELECTION ISSUES

Upon receiving complaints from the EAC, candidates, and students at large, the following shall be the rules regarding the hearings and the final presentation of the Judicial Committee’s findings to the BOD.

A. The functions of the Judicial Committee regarding election complaints are as follows:

1. To collect data, investigate charges, and take punitive measures regarding alleged violations of ASUW election rules; and
2. To hear complaints from the EAC, candidates, and students.

B. A public hearing shall be convened five regular school days after the last day of ASUW elections to consider election matters.

1. All decisions shall be made in executive session.
2. BOD members and any President's proxy serving on the Judicial Committee shall not vote or participate in Committee discussion.
3. The Secretary of Judgments shall serve as the Chair of special sessions involving elections.

C. Complainants must fill out an Elections Complaint Form to register allegations of election misconduct.

D. The “Request” will be automatically rejected if filed more than two regular school days after the election.

E. Candidates against whom a complaint has been filed must be notified within three regular school days of the election or the “Request” must be dismissed.

F. A special report of the results shall be sent to the Board of Directors, where it will be dealt with in accordance with BOD Bylaws and the Elections Policies and Procedures.

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