Whereas the Judicial Board has exceeded its bounds in a ruling regarding R50-07, “Appointment of Bio Sci Representative” during their meeting on November 5th, 2014, and

Whereas, it is the belief of this Legislative Council that they have exceeded their bounds in interpreting the roles and content of the Constitution and By-Laws with respect to vacancies within Council Membership, and

Whereas Article IV, Section B, states that, “The actions of the Legislative Council shall be enacted upon a specific majority vote stipulated in the By-Laws for a particular measure,” and

Whereas it is the belief of Legislative Council that the abovementioned grants the By-Laws a supplementary role in the interpretation of the Constitution, and

Whereas the ASUCI Judicial Board Policies specifically state that, “When vacancies occur, the Judicial Board may still function and issue opinions and decisions providing quorum requirements described herein have been met” (ASUCI Judicial Board Policies, Article II - Composition, Section D - Vacancies, Item 2), and

Whereas the ASUCI Judicial Board Policies specifically state that, “A quorum shall be required in order to conduct all Judicial Board hearings. Quorum shall be four (4) justices in any circumstance” (ASUCI Judicial Board Policies, Article IV - Quorum, Section B & C), and

Whereas, the abovementioned ruling was formed without having properly followed Judicial Board Guidelines regarding quorum as only three members were listed as present in the official ruling [1], and

Whereas Article VI, Section E of the ASUCI Constitution provides for the calling of the ASUCI Judicial Oversight Committee following a petition to ASUCI Legislative Council and a unanimous vote, and

Whereas if ASUCI as an organization wishes to maintain the legitimacy of the student body as a representative organization, Legislative Council needs to ensure that due process is followed and that we as an organization follow the rules stipulated, and

Whereas, it is in the best interest of ASUCI that this issue be resolved as quickly as possible to insure the smooth governance of the organization, and

Let it be resolved that ASUCI Legislative Council formally disagrees with the Judicial Board Ruling on R50-07, and

Let it further be resolved that ASUCI Legislative Council urges the Judicial Board to accept the appointment process for Legislative Council vacancies as currently outlined in the By-Laws, as an appropriate means of maintaining Council membership.

Finally let it be resolved that that Legislative Council activate a Judicial Oversight Committee to review the action of the ASUCI Judicial Board.

[1] - https://asuci.uci.edu/wp-content/uploads/2014/02/R50-07_Ruling.pdf