Home > Council Bills, Legislation, Passed, Senate > Council Bill SR 1173: To reform the Judicial Branch of the Student Government Council – Modesto A. Maidique Campus

Council Bill SR 1173: To reform the Judicial Branch of the Student Government Council – Modesto A. Maidique Campus


Agenda Item: To reform the Judicial Branch of the Student Government Council – Modesto A. Maidique Campus

Date: January 13, 2011

Committee: Of the Whole

Sponsors: William-Jose Velez, College of Engineering and Computing Senator; Hector Mujica, College of Business Administration Senator; Rachel Emas, University Graduate School Senator;

To reform the Judicial Branch of the Student Government Council – Modesto A. Maidique Campus

SECTION I. Short Title
This bill may be cited as the “Judicial Branch Reform Act of 2011.”

SECTION II. Purpose
The purpose of this bill is to reform the Judicial Branch of the SGC-MMC.

SECTION III. Striking Article III Legislative Branch of the current Statutes

The entirety of the current Article VI. Judicial Branch shall be stricken from the Statutes.

SECTION IV. Enacting Article V. Judicial Branch in the SGC-MMC Statutes

Article V. Judicial Branch
Section 5.01 Purpose

(a) The purpose of the SGC-MMC Supreme Court is to serve as the judicial body of the Student Government Council – Modesto A. Maidique Campus.

(b) The Supreme Court shall receive writs of certiorari, for cases of petitions for legal review or grievances against SGC-MMC officials and entities, and shall decide whether to hear them, and if accepted for a hearing, shall rule on the writ.

Section 5.02 Structure and Leadership

(a) The SGC-MMC Supreme Court shall be composed of one (1) Chief Justice, four (4) associate justices and two (2) Court Clerks.

(i) The SGC-MMC Chief Justice shall be the chief administrator of the Supreme Court and a member of the Executive Board.

(ii)      The SGC-MMC Chief Justice shall serve as the SGC-MMC Parliamentarian.

(1)                    In absence of the SGC-MMC Chief Justice during a given SGC meeting, any Associate Justice may serve as the SGC-MMC Parliamentarian.

(iii)       The Court Clerk is responsible for the following:

(1)        Naming and assigning a citation to petitions received by the Supreme Court.

a)         In crafting the name of the case, the plaintiff shall be listed first, followed by the defendant (i.e., Wickard v. Filburn).

b)         In assigning a citation to the case, the Supreme Court designation shall be listed first, followed by the semester and year in which the petition was adjudicated (i.e.,  S.C. 001 (Fall 2010))

(2)        Making available, for public consumption, the vote and the majority and dissenting and relative concurring opinions, as well as the name and citation of the case.

a)         A hard copy of the opinions relative to each petition shall be filed in a binder in the SGC-MMC office, located in Graham Center, Room 211.

b)         The opinions shall be published at the SGC-MMC website, or some other online resource to be designated by the Chief Justice.

Section 5.03 Court Procedures

(a)        All writs of certiorari must be validated or declined within ten (10) business days of being submitted to the Court Clerk.

(b)        All writs of certiorari must be heard within ten (10) business days of being validated, unless the writ is a complaint or grievance filed against an SGC-MMC Official. If the writ is a complaint or grievance filed against an SGC-MMC Official, the Judiciary must hear the writ within fifteen (15) business days of validating the Writ.

(c)        Any SGC official can be referred for judicial hearing for misfeasance, malfeasance, or nonfeasance as stated in the SGC- MMC Statutes. This review shall be instigated by a written grievance, filed as a writ of certiorari, which may be submitted by any member of the student body to the Supreme Court.

(i)         Upon the decided validity of the grievance, the SGC-MMC Chief Justice and the SGC-MMC Advisor will inform the charged SGC Official of the allegations, charges, student’s rights, and an explanation of the judicial hearing process. The charged student’s academic schedule should be taken into account for consideration of their later scheduled hearing.

(ii)        Once the judicial hearing is scheduled, the SGC official under investigation shall be notified within five (5) business days by the SGC-MMC Chief Justice of the time, date, and location of the SGC-MMC judicial hearing, and notice of witnesses who will be called to testify against him/her.

(iii)       Prior to the hearing, the plaintiff shall compile all evidence of the official actions of the SGC Official in question; this evidence shall be used during the hearing. The evidence shall be submitted to the SGC official being investigated five (5) business days prior to the hearing.

(1)        In the case that the plaintiff is the Senate Internal Affairs Committee or the Department of Justice, the committee or department shall prepare a report containing all the applicable information regarding the official.

(2)        In the case that a student presents the writ of certiorari, that student is entitled to present the case and evidence or request and allow the Department of Justice to take up the plaintiff role, by presenting the evidence and presenting the argument in the hearing.

i)         The Department of Justice has the prerogative to accept or deny the student’s request to present a case on the student’s behalf.

(iv)       Should the charged official not present him/herself at the hearing, the hearing will take place and a decision will be rendered in absentia.

(v)        The hearing will be recorded for documentation purposes, will be chaired by the SGC-MMC Chief Justice, and will proceed as follows:

(1)        Opening statement by the SGC-MMC Chief Justice.

i)          At any point throughout the proceedings any justice may interrupt to ask a question

(2)        Opening statement by the plaintiff.

i)         Present any Evidence/Witness

(3)        Opening statement by the defendant.

i)          Present any Evidence/Witness

(4)        Closing statement by the plaintiff.

(5)        Closing statement by the defendant.

(6)        SGC-MMC Chief Justice brings hearing to closure.

(vi)       Upon conclusion of the hearing, the SGC-MMC Supreme Court will move into deliberations. The Supreme Court’s determination of “guilty” or “not guilty” will be based solely on the information presented at the hearing using the standard of “clear and convincing”. Determination may be made by a simple majority vote of the SGC-MMC Supreme Court.

(vii)      The SGC official under investigation will receive written notice within ten (10) business days regarding the outcome of the hearing.

(viii)     The SGC official under investigation has the right to challenge the inclusion of any Supreme Court member in the hearing. This challenge must be submitted at least three (3) business days prior to the scheduled hearing.  The challenge must be in writing, and be based on cause, which clearly provides evidence of a conflict of interest, bias, pressure, or influence that could preclude a fair and impartial hearing.

Proviso: This Council Bill is part of the SGC-MMC Statutes Reform Acts, and will go into effect as soon as the last of the bills reforming the SGC-MMC Statutes, known as the SGC-MMC Statutes Reform Acts, is passed and signed.

Status

Passed, awaiting President’s signature.

Final Vote

In favor: ; Opposed: ; Abstentions: ; 

Download

  • Download this bill: DOC
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