Whereas, the Judicial Oversight Committee has recommended that ASUCI revise the Judicial Board Policies & Procedures to clarify the process by which cases are initiated and adjudicated,

Whereas, Article VI. entitled “Procedures for Hearing” should enumerate how a case is initiated, what the procedures for hearing, the limitations of a prelimary injunction and define when a decision will be published,

Let it therefore be resolved that Article VI of the Judicial Board Policies & Procedures be amended to read as follows:

VI. PROCEDURES FOR HEARINGS

A. Petitions for hearings

1.  Cases shall be initiated before the Judicial Board upon the filing of an official “Petition for Hearing” form to the Judicial Board Chair.

2.  The Petition must explain all charges and contentions, refer to all vital evidence, cite the rule, principle or constitutional clause at issue, and state the remedy sought.

3.   All Petitions shall remain confidential among Judicial Board members unless the Judicial Board determines otherwise by majority vote; however, if a formal hearing results, a copy of the petition shall be provided to the Respondent at least 24 hours prior to the hearing.

B. Preliminary Hearings

1.  Upon receiving a petition for hearing, the Judicial Board Chair shall convene a Preliminary Hearing where the Judicial Board can hear arguments, vital evidence, and testimony concerning its jurisdiction in the matter, and the Judicial Board shall then make its own determination whether or not to hold a formal hearing.

2.  All Preliminary Hearings shall be closed to the public unless specified by the Chair of Judicial Board.

3.  In determining its jurisdiction, the Judicial Board members may also consider such factors as standing, ripeness, and justifiability.

4.  If at least three (3) Judicial Board members determine that the case is within the jurisdiction of the Judicial Board, then a Formal Hearing shall be convened with its date, time, and place announced within one (1) day of the Preliminary hearing.

5.  In setting time and dates for Formal Hearings, the Judicial Board shall allow at least five (5) working days, but no more than one (1) academic quarter, with the option for extension by a vote of the Judicial Board. In matters relating to a pending election, a formal hearing shall be held within 5 days of the Preliminary hearing.

C. Formal Hearings

1.  In all Matters brought before the Judicial Board, only members of the Associated Students shall participate as petitioners and respondents.

a.     The individual or individuals who initiate the petition must act as petitioner throughout the hearing process.

b.     If a petition is initiated against a legislation, the respondent shall be the author of the legislation, the Rules Committee Chair, or the Chair of the Legislative Council

c.     If a petition is initiated against an action of ASUCI, the respondent shall be the individual who initiated the action or the overseeing Executive Officer.

2.  Formal Hearings shall be open to the University public unless decided otherwise by a majority of the Judicial Board members voting affirmatively or negatively prior to the hearing. A vote on this matter can be initiated either by a Judicial Board member or at the request of the Respondent.

3.  The format for the formal hearing shall be as follows:

a.     Opening Statements (2 minutes each)

b.      Plaintiff’s Main Argument (8 minutes)

c.     Defendant’s Main Argument (8 minutes)

d.     Plaintiff’s Rebuttal (5 minutes)

e.     Defendant’s Rebuttal (5 minutes)

f.      Closing Statements (2 minutes each)

g.     Questions on behalf of the Judicial Board

4.  When procedural questions are raised at Formal Hearings or when evidence or testimony is questioned on the grounds of relevancy or admissibility, it shall be ruled upon by the Judicial Board Chair. The Judicial Board Chair’s decision may be appealed by any other Judicial Board member. The Judicial Board member shall then move to a closed session to discuss the appeal, whereby by majority decision they may overrule the Chair’s decision

5.  The right to be a witness and offer testimony before the Judicial Board shall not be limited to the members of the Associated Students, but shall apply to all persons except ASUCI staff members, including but not limited to the Executive Director.

6.  All witnesses shall be informed of their obligation to tell the truth prior to presenting testimony before the Judicial Board.

7.  All witnesses shall be presented prior to the final summations of both parties

8.  All witnesses called by either the Petitioner or the Respondent may be cross-examined by the representatives of the opposing side at the appropriate times.

9.  Judicial Board members may question the Petitioner, Respondent, and witnesses at any time.

D. Decisions

1.  The Judicial Board, in closed session, shall discuss the case and reach a decision.

2.  The Judicial Board, in open session, shall announce its decision.

3.  The majority decision shall be recorded in writing and made available to the public within one week of the hearing.

E.   Preliminary Injunction

1.  The Judicial Board Chair, upon deeming it necessary, shall initiate a vote to determine whether a Preliminary Injunction shall be issued.

2.  The Judicial Board Chair, with approval of the majority of the Judicial Board shall issue a Preliminary Injunction upon the action or legislation in question.

a.     The Injunction shall not argue for or against the issue in question, but rather state the further review is needed due to possible conflict with the governing documents.

3.  Upon the issuance of the Preliminary Injunction, the Judicial Board Chair shall have  three (3) days to determine whether the Student Advocate General will initiate a petition against the action or legislation in question.

4.  If the Student Advocate General accepts, he/she shall file a “Petition for Hearing” form to the Judicial Board Chair and will act as petitioner

5.   If the Student Advocate General declines to petition the case before the Judicial Board, the Judicial Board Chair shall recuse himself/herself in the matter in question and independently file a “Petition for Hearing” form to the Judicial Board Vice-Chair and act as petitioner.

a.      The Judicial Board Chair shall not take part in any further discussion of the case with the Judicial Board.

b.     The Vice-Chair shall, in all matters relating to the case, take full responsibilities as Chair and shall preside over the formal hearing.

c.     All formal hearing procedures shall be followed.

Let it finally be resolved that the Judicial Board Policies & Procedures be immediately updated to reflect these changes