Eric Varney, Rachelle Stone, Eric Saar, Janell Wise, Petitioners
v.
ASM Student Judiciary and Student Election Commission, Respondents
2005 ASM SJ 13.
Certification of Appeal
Cite As: 2005 SJ Ord. 17
Before Fox, C.J., Collins, V.CJ., Brusda, Hodgson, Leonard, Romano, Tyack, and Wang, S.JJ.
PER CURIAM.1 Petitioners Eric Varney, Rachelle Stone, Eric Saar, and Janelle Wise have filed suit against the Student Judiciary and the Student Election Commission, alleging that the Fall Election Ballot improperly contained a referendum seeking amendment of the ASM By-laws.THE CHIEF JUSTICE has appointed SEC Chair and Student Justice Timothy Leonard to represent both the Student Judiciary and the Commission.Cf. Hiegel v. Student Judiciary, 2003 ASM SJ 15 (Chief Justice appointing member of Court to represent Court when named in a suit).
2In order to expedite the process, this Court has decided, on its own motion, to immediately certify the complaint in its entirety to a hearing before the full Court.See, e.g. Collegians for a Constructive Tomorrow v. Kiernoziak –Certification of Appeal, 2005 SJ Ord. 2; Amendola v. United Council & WisPIRG, 1998 ASM SJ 3. We take this step in order to facilitate the resolution of these important issues. It is clear to us that the issues presented by the Complaint are incredibly important to the right of ASM members to participate directly in student governance. Because of this, it is incredibly important that any issues involved be resolved quickly, and, more importantly, with a binding decision before the full court.See, Evans v. Roulhac –Denial of Appeal, 2004 SJ Ord. 15 at 2 (Fox, J. dissenting). Accordingly, we do use our inherent authority to certify the Complaint, in its entirety for a full appellate hearing.
3Further, we recognize that ordering an appeal hearing immediately would ordinarily require us to hold the hearing at our next regular business meeting. However, to do so now would potentially burden the parties with too little time to prepare. Accordingly, we utilize our power under the Rules to suspend that requirement and to authorize THE CHIEF JUSTICE to set a meeting time conducive for all parties.
4Accordingly, the Student Judiciary does Order
1.The Complaint and Petition for Relief filed by Eric Varney, Rachelle Stone, Eric Saar, and Janell Wise is CERTIFIED for appeal; and
2.This Court, two-thirds thereof concurring, does SUSPEND THE RULES and Order a hearing to be set at such time as is best for all parties involved.
Nicholas Fox, Chief Justice
Grant Collins, Vice-Chief Justice
Nathaniel Romano, Chief Justice emeritus
Yin-Chin Wang, Student Justice
Shannon Brusda, Student Justice
Amber Hodgson, Student Justice
Joshua Tyack, Student Justice
* * *
Timothy Leonard, Student Justice dissented from the Suspension of the Rules.
* * *
Published: 21 October 2005, 7.00PM
Attest: /s/ NJF