The Constitution of
The Ohio State University Moritz College of Law
Moot Court Governing Board
Section I:
Name and Purpose:
Subsection A: Name:
This organization shall be known as the Moot Court Governing Board.
Subsection B: Purpose:
(1): The Moot Court Governing Board shall provide students, who are interested in, inter alia, moot court, lawyering skills, and other competition-related or advocacy skills with an opportunity to participate in such competitions at the Moritz College of Law and other venues; and to provide students, who are interested in, inter alia, moot court, lawyering skills, and other competition-related or advocacy skills, who understand the importance of providing this service to the law school and abroad, the opportunity to participate.
(2): Individual members of the Moot Court Governing Board may mentor other students through evaluating briefs, attending arguments, and completing other academic enterprises in the course of their duties to enrich all law students’ professional and personal lives, while focusing additional resources on networking, professionalism, and career guidance as necessary.
Subsection C: Nondiscrimination Policy:
(1): The Moot Court Governing Board and its members shall not discriminate against individuals for the reason of race, color, creed, religion, sex, national origin, sexual orientation, age, handicap, or military veteran status.
(2): The policy specified in Section I, Subsection C, paragraph 1 of this Constitution shall be endorsed in writing by all members of the Moot Court Governing Board.
Section II:
Composition of the Moot Court Governing Board:
Subsection A: Eligibility of Current Membership:
The Moot Court Governing Board shall be comprised of The Ohio State University Moritz College of Law students in good academic standing.
Subsection B: General Composition:
The Moot Court Governing Board shall be comprised of voting and non-voting members. All members other than Clerks to the Moot Court Governing Board shall have voting power.
Subsection C: Offices of the Moot Court Governing Board:
(1): The Moot Court Governing Board shall consist of the offices of the Chief Justice, the Executive Justice of Competitions, the Executive Justice of Judge Recruitment, the Executive Justice of Travel Teams and Development, and the Competitions Justices, including the Lawrence Negotiation Competition Justice, the Mediation Competition Justice, the Colley Lawyering Skills Justice, the Executive Justice of the Herman Moot Court Competition, the Justice of the Herman Moot Court Competition’s Logistics, three other Herman Moot Court Competition Justices, and such additional justices as described in Subsection E of this section.
(2): Justices shall hold office for one academic year subject to qualification for re-election.
Subsection D: Executive Committee:
The offices of the Chief Justice, the Executive Justice of Competitions, the Executive Justice of Judge Recruitment, the Executive Justice of Travel Teams and Development, and the Executive Justice of the Herman Moot Court Competition shall constitute the Moot Court Governing Board Executive Committee (the “Executive Committee”). This Committee shall fulfill the responsibilities described in this Constitution.
Subsection E: Office of Justice When Hosting Local, Regional, National or Other Non-Annual Competitions:
(1): In the event that the College hosts local, regional, national, or other non-annual moot court competitions in addition to those competitions described herein, such additional persons shall be appointed per Subsection G of this Section to office as justice of that competition and serve on the Moot Court Board, their number and organization to be determined by the Chief Justice, in conjunction with the recommendations of the Executive Committee, and the Director of the Moot Court Program of the academic year preceding the competition, in conjunction with the recommendations or mandates of the organizers or sponsors of that local, regional, or national moot court competition.
(2): The Justice shall be known as the justice of that competition in name.
(3): The Justice shall not hold office otherwise as justices of the Moot Court Board, described in Subsection C of this section.
(4): The Justice shall hold office until the end of the academic year in which those additional local, regional, national, or other non-annual competitions take place, thereupon such office is dissolved, unless the occurrences of those additional local, regional, national, or other non-annual competitions are canceled by the organizers or sponsors of those competitions, thereupon such office is dissolved.
Subsection F: Clerks to the Moot Court Governing Board:
(1): Clerks to the Moot Court Governing Board shall assist in the administration of competitions, organization of resources, and furtherance of the Moot Court Governing Board’s goals.
(2): Clerks shall be selected from eligible first and second-year students.
(i): First-year clerks shall be selected through an application and interview process as initiated and overseen at the direction of the Executive Committee no later than two weeks after the last day of first-year orientation.
(ii): Second-year clerks may be selected:
(a): With the advice of the outgoing Governing Board, the new Executive Board may choose some clerks within 72 hours of the new board being chosen and
(b): Through the application and interview process as initiated and overseen at the direction of the Executive Committee no later than two weeks after the last day of the first-year orientation; or
(c): By appointment of the Chief Justice, in conjunction with the recommendations of the Executive Committee.
(3): The Chief Justice, in conjunction with the recommendations of the Executive Committee, will determine the number of clerks chosen for the academic year.
(4): Clerks shall be assigned by the Chief Justice, in conjunction with the recommendations of the Executive Committee, to either individual competitions or the Moot Court Governing Board at large.
(5): Clerks shall not hold office otherwise as justices of the Moot Court Board.
(6): Clerks shall serve for one academic year but are not limited to one term.
Subsection G: Addition, Modification, or Elimination of Offices
(1): A Justice position may be added or eliminated from the Moot Court Governing Board subject to approval of the Director of the Moot Court Program when one of the following conditions are met:
(i): an annual moot court competition is added to the Moot Court Program at the behest of the faculty or administration of the College that falls within the governance of the Moot Court Governing Board, or
(ii): an annual moot court competition is added to Moot Court Program at the behest of students of the College that falls within the governance of the Moot Court Governing Board, subject to approval by a majority of the Executive Committee or
(iii): the development of the Moot Court Program so demands such an office, subject to approval by a majority of the Executive Committee.
(2): An Executive Committee position may be added or eliminated from the Moot Court Governing Board subject to approval of the Director of the Moot Court Program when the following condition is met:
(i): the development of the Moot Court Program so demands such an office, subject to approval by a 2/3 vote of the Executive Committee.
Subsection H: The Director of the Moot Court Program:
(1): An appointed faculty or other administrator of the Ohio State University Moritz College of Law shall direct the entire Moot Court Program at the College’s discretion. The Director of the Moot Court Program shall oversee all aspects of the Moot Governing Board and have those responsibilities delineated by this constitution and others as necessary.
(i): The Director shall oversee the Chief Justice’s progress and assure that he/she is adequately performing all job duties.
Section III:
Elections and Appointments
Subsection A: When Held:
Elections shall be held once each academic year at the end of the winter/spring semester for all positions, not later than three weeks before the first day of final exams.
Subsection B: Effective Date of New Leadership:
New Leadership shall take office subject to the following conditions:
(1): upon the communication of the outgoing Chief Justice and Leadership followed by a communication from the incoming Chief Justice and Leadership, or
(2): upon the conclusion of final exams in the semester in which the election occurs. For the purposes of this subsection, finals exams will conclude on either;
(i): the last scheduled day of final exams as determined by the Registrar, or
(ii): the last day either an outgoing or incoming member of the Moot Court Governing Board has a final exam or final exams.
Subsection C: Eligibility to Seek Membership:
(1): Students of the College of Law shall not be denied the equal opportunity to run for Justice positions on the Moot Court Governing Board and shall be eligible to seek a position on the Moot Court Governing Board unless that person:
(i): has violated a college of law’s honor code, or
(ii): has not satisfied a requirement of any competition governed by any college of law’s moot court board, subject to review on a case-by-case basis by the Executive Committee, or
(iii): is not a student in good academic standing at the Moritz College of Law, or
(iv): holds the position of:
(a): editor-in-chief of a law journal. Other positions of a law journal may be eligible to serve on the Moot Court Governing Board if the Executive Committee determines that person could serve effectively in both capacities.
(2): Disqualified interviewees or candidates for the Moot Court Governing Board shall be given written notice of disqualification, which shall contain a brief and concise statement as to the reason for such disqualification. The letter shall be signed by the Chief Justice and the Director of the Moot Court Governing Board. The Board shall retain a copy of the letter in the office files for a period of at least five years.
(i): Notice of disqualification shall be delivered in writing to the individual or individuals, or individual or individuals as part of any group in their Moritz College of Law mailbox and by e-mail as listed on their application for membership the same day such determination is made at least 48 hours before election.
(a): In the event there is no mailbox, the writing shall be delivered to the Dean of Student Affairs or the Director of the Moot Court Program with instructions that such notice be communicated to the disqualified interviewees or candidates.
(ii): The disqualified interviewee or candidate may appeal the decision to disqualify by submitting a written request containing a concise statement as to the reason for the contest and a request for a hearing to the Moot Court Governing Board mailbox no later than 24 hours after notice of disqualification has been delivered to the individual or individuals.
(iii): An appeal of the disqualification determination shall be reviewed by the Executive Committee and the Director of the Moot Court Governing Board for a final determination.
Subsection D: Available Positions:
With the exception of the clerks to the Moot Court Governing Board, all offices of the Moot Court Governing Board shall be subject to the election procedures specified in Subsection E.
Subsection E: Process:
(1): Schedule of Elections: the Executive Committee shall establish the schedule of the election process, determining suitable dates and times for the advertisement of elections, submission of applications to interview for Moot Court Governing Board positions, interviews for Moot Court Governing Board positions, voting on applicants, and delivery of invitations to join the Moot Court Governing Board.
(2) Process of Elections: the following process shall be used to select members for the Moot Court Governing Board:
(i): Advertisement of Elections: the Executive Committee shall determine the best methods of advertising Moot Court Governing Board positions. Such advertisement shall at least begin on the Friday prior to the deadline for submitting an application for an interview.
(ii): Applications to Interview for Moot Court Governing Board Offices: applications to interview for Moot Court Governing Board offices shall be due no earlier than the seventh day after advertisement of elections begins.
(iii): Applications to interview for Moot Court should be similar to the format of Appendix 1.
(iv): The applications shall be reviewed by the Executive Committee, who shall determine the number of applicants to be interviewed.
(v): Interview Schedule: the Executive Committee shall establish the interview schedule(s) for applicants to the Moot Court Governing Board.
(a): Interview schedule shall be posted at least two days before interviews begin.
(b): Interview Times: each interview should be approximately equal in duration.
(c): The interview process should not last longer than a week.
(vi): Any Executive Committee member who applies for an invitation to interview for an Executive Committee office or offices shall not participate in establishing the interview schedule or schedules for an Executive Committee office(s). Any Executive Committee member who applies for an invitation to interview for a non-Executive Committee office(s) shall not participate in establishing the interview schedule or schedules for non-Executive Committee office or offices.
(vii): Interview Process:
(a): The Moot Court Governing Board shall conduct all interviews for its offices. At least three current voting members of the board must be present for each interview.
(b): The Moot Court Governing Board may divide itself as necessary subject to limitations of conflict of interests to interview potential candidates for all applied-for positions. Any voting Moot Court Governing Board member who applies for and receives an invitation to interview for an Executive Committee office or offices shall not participate in the interviewing of any candidates for any Executive Committee offices. Any voting Moot Court Governing Board member who applies for and receives an invitation to interview for a Justice office or offices shall not participate in the interviewing of any candidates for any Justice offices.
(viii): Voting Process:
(a): All Moot Court Governing Board members with voting power are eligible to participate in the voting of Moot Court Governing Board member offices. To vote on an interviewee for a voting Moot Court Governing Board office, that voting Moot Court Governing Board member must be present for all applicant interviews unless excused as determined by either the Chief Justice or a majority vote of the Executive Committee.
(b): The voting of Moot Court Governing Board offices shall begin with the filling of the office of Chief Justice, then the other Executive Justice offices, and then the justice offices.
(c): The Chief Justice shall be chosen first and shall be given the option to participate in the interview process and vote on the new executive board and justice board member positions.