Presented on the Senate Floor on October 1, 1998

Constitutional Amendment #49

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Presented to the Senate Floor on October 6, 2016.

Authored by: FLORES

Coauthored by: Dalavai

Introduced by: Dalavai

Referred to: Internal Affairs Commission

Recommended by: Internal Affairs Commission Do Pass as Amended, 7-1-1, on October 10, 2016. Yes: Anderson, Flores, Ganz, Grewal, Manghnani, Meneses, Walksman. No: Engel. Abstain: Keyser.

Constitutional Amendment #49

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A Constitutional Amendment to dissolve the Judicial Branch of ASUCD.

Section 1. The ASUCD Senate hereby places the following Constitutional Amendment on the fall 2016 ballot:

ASUCD Judicial Branch Dissolution Amendment

Please vote for one of the following options:

______Yes, I approve of the ASUCD Judicial Branch Dissolution Amendment.

______No, I do not approve of the ASUCD Judicial Branch Dissolution Amendment.

An Act to amend the ASUCD Constitution by placing the following amendment before the vote of the ASUCD membership on the fall 2016 ballot.

BACKGROUND: The ASUCD Judicial Branch has been institutionally defunct in recent memory. The ASUCD Court has sporadic meeting times and an incomplete roster, making it difficult for members of ASUCD to appeal to the body and for them to uphold their constitutional obligations. The stated purpose of the Court is to interpret the language of the ASUCD Constitution and to review the consistency of legislation with ASUCD Governing Documents. All unique responsibilities of the ASUCD Court, given the passage of this Constitutional Amendment, will be appropriately redistributed to ASUCD Commissions.

Section 1. The ASUCD membership hereby nullifies Article VII of the ASUCD Constitution as follows:

ARTICLE VII

ASUCD JUDICIAL BRANCH

Section 1. (1) The judicial authority of the ASUCD shall be vested in one ASUCD Court (hereafter referred to as the ASUCD Court) and the Student Judicial

Affairs Campus Judicial Board.

Section 2. (1) The ASUCD Court shall:

a) Have the ultimate authority to interpret the wording of this Constitution and that of legislation enacted pursuant to this Constitution;

b) Review previously enacted legislation made by the Senate following a written request by any ASUCD member(s);

c) Review complaints regarding the Elections Committee or any other office or body of ASUCD;

(2) The ASUCD Court may deny an appeal made to it or may grant the appeal in whole or in part.

Section 3. (1) The ASUCD Court shall consist of nine (9) ASUCD members.

(2) When vacancies arise on the court, appointments to fill the vacancy will be made by a committee consisting of the following:

a)  ASUCD President;

b)  Two (2) ASUCD Senators;

c)  Internal Affairs Commission Chairperson;

d)  Election Committee Chairperson;

(3) The ASUCD Court shall decide upon then, questions that the Court feels are relevant in determining the qualifications of the applicants. These questions shall not be binding to the committee to ask these questions or limit itself to them.

(4)  Appointments to the ASUCD Court must be approved by a majority vote of the entire Senate.

(5) All ASUCD Court Justices shall serve for the remainder of their membership in ASUCD, so long as it does not exceed four years.

(6) The President shall exclusively appoint the Chief Justice of the ASUCD Court, to be confirmed by a majority vote of the entire Senate, when a vacancy arises in this position.

(7) ASUCD Court Justices may only be permanently removed by a 2/3 majority vote of the entire Senate.

(8) Once confirmed by the ASUCD Senate, before obtaining a seat on the Court bench, ASUCD Court Justices shall recite the ASUCD Oath of Impartiality. All members of the ASUCD Court shall say their own name and then recite:

“I, ______, student of the University of California, Davis, in good academic standing, promise to abide by the ASUCD Judicial Codes; act in a fair, honest, and impartial manner; ensure individuals’ rights are upheld when rulings are made; review and interpret legislation and actions taken by the executive and legislative branches; and faithfully execute the duties enumerated in the ASUCD Constitution, ASUCD Bylaws, and ASUCD Judicial Codes at all times during my term as a member of the ASUCD Court.”

Section 4. (1) No ASUCD Court members shall hold an elective office within ASUCD or an appointed position in the ASUCD that constitutes a conflict of interest to their impartiality as Justices.

Section 5. (1) In performing the duties specified in Section 1 (1) above, the ASUCD Court shall proceed according to rules and procedures as may be enacted pursuant to this Constitution.

Section 6. (1) Members may remove themselves from an individual case or be removed by the ASUCD Court from an individual case according to rules and procedures enacted pursuant to this Constitution on the grounds that the challenged member cannot render an impartial and unbiased opinion.

Section 7. (1) A simple majority of the entire ASUCD Court shall constitute a quorum to hold an "official" meeting in order to conduct business. A simple majority of ASUCD Court justices shall need to reach consensus in order to publish a binding opinion from the court.

Section 8. (1) Complaints alleging that a candidate violated election regulations will be filed with the Elections Committee

a)  The ASUCD Court shall have appellate jurisdiction over elections. The Elections Committee shall retain original jurisdiction over potential disqualifications or violations in elections, but specific questions of law may be appealed to the ASUCD Court. As such, the ASUCD Court cannot sanction a candidate, but the Elections Committee must follow legal precedent set by the Court.

b)  If the Elections Committee finds that a candidate may be in violation of University regulations, or that the candidate’s violation may have constituted a serious and wanton breach of the public trust, the committee must file a complaint with Student Judicial Affairs/Campus Judicial Board.

c)  If the Elections Committee finds that a candidate has forfeit their eligibility for office as described in Article II, Section 2 of this Constitution, the decision may be appealed to Student Judicial Affairs/Campus Judicial Board.

Section 2. All subsequent Articles in the ASUCD Constitution will be renumbered appropriately by the Student Government Administrative Office.

Finance: No Appropriation: None Vote: 2/3

DO PASS, 10-1-0, BY A ROLL CALL OF THE SENATE ON October 13, 2016. YES: CHIANG, DALAVAI, DHALIWAL, GREWAL, JAMALUDIN, JUNG, MARTINEZ, PARK, SINGH, XU. NO: MOLODANOF.

______

Alex T. Lee Date

ASUCD President