PURDUE STUDENT SENATE

BILL 10-9
“An Act to Amend Judiciary Structure, Authority, and Related Functions”
Author: Nick DeBoer
Sponsor(s): Internal and Financial Affairs Committee
Agenda Date: November 17,2010
Assigned to:
Recommendations:
Action:
President Pro Tempore: Seth Kester
Student Senate President: Jamie Steiner
Student Body President: Brad Krites

WHEREAS, the Section 6.01 of the Purdue Student Government Bylaws states that, “Rules,
practices and procedures of the Student Court shall be outlined in a separate document called the
Standing Rules of the Purdue Student Supreme Court. This document shall be subordinate to the
Constitution of the Purdue Student Government and the Bylaws of the Purdue Student
Government,” and

WHEREAS, clearly determining the authority of the Court will best serve the interest of Purdue
Student Government and the Student Body, and

WHEREAS, The Purdue Student Supreme Court Standing Rules demand that, “This document,
being subservient to the PSG Constitution and By-Laws, must be amended if found in conflict
with these documents or if two rules within this document disagree. If an inconsistency is found
the PSSC must resolve the discrepancy before continuation of normal duties may commence;”

THEREFORE, be the following ENACTED by the Purdue Student Government Senate

assembled:

Section 1. Short Title

This act may be cited as “The Judiciary Act of 2010.”

Section 2. Statutory Authority.

This bill is adopted pursuant to Article VI, Section 6.02 of the Purdue Student
Government Constitution and Article V, Section 5.01(c)(i) of the Bylaws of Purdue
Student Government.

Section 3. Continuity of Order and Sequencing

The entirety of this bill shall be reviewed by the Student Body Secretary, and all errors
relating to sequence, list numbering, and formatting shall be corrected.

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Section 4. Establishment of a Solicitor General

Article VII, Section 7.08, shall be amended to read:

(e) Solicitor General: The Solicitor General, subject to Senate confirmation, shall be the
chief prosecutorial agent for Purdue Student Government. The Solicitor General shall
investigate actions, actors, and legislations to ensure conformity to the Constitution of
Purdue Student Government and the Bylaws of the Purdue Student Government. Upon
identifying a suspected violation, the Solicitor General shall bring action before the
Purdue Student Supreme Court for consideration. The Solicitor General shall be
responsible for defending the Purdue Student Government before the Court if action is
brought against the government. The Solicitor General may submit an Amicus brief to the
Court for case or controversy, presenting the views of the Executive Branch to the Purdue
Student Supreme Court. The Solicitor General may hold the dual role of Solicitor General
and Election Director.

Section 5. Amendments to the Court

Article VI of the Bylaws of Purdue Student Government shall be amended to read:

Section 6.02: Executive Officers of the Purdue Student Supreme Court

(a) The Chief Justice: The Chief Justice shall, pursuant to the Standing Rules of the
Purdue Student Supreme Court, be responsible for the administration of the Purdue
Student Supreme Court, be the chief spokesperson for the Purdue Student Supreme
Court, and shall manage all staffers within the Judiciary. The Chief Justice shall be a
full voting member of the Purdue Student Supreme Court. The Chief Justice shall be
considered the most senior member of the Court.
(b) The Vice Chief Justice: The Vice Chief Justice shall preside at Court hearings and
meetings in the absence, disability, or sanction of the Chief Justice. The Vice Chief
Justice shall be considered the second most senior member of the Court.
(c) The Administrative Justice: The Administrative Justice shall perform all internal
administrative tasks as well as keeping a record of Court activities. Under the scope
of this position is also included the maintenance of the Purdue Student Supreme
Court Archives.
(d) The Promotions Justice: The Promotions Justice shall be responsible for all public
relations and publicity efforts of the Purdue Student Supreme Court. Included under
this scope is the promotion and advertising of call-outs, Court initiatives offered to
the Student Body and the maintenance of the Purdue Student Supreme Court website.
(e) The Justice of the Clerks: The Justice of the Clerks shall train and recruit clerks
which shall include supervising their activities.

Section 6.03: Authority

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(a) All judicial powers of the Purdue Student Government shall be vested in the Purdue
Student Supreme Court. The Purdue Student Supreme Court shall be responsible for
the review, upon petition of any member of the Purdue Student Government, of any
document or action of the Student Government with regard to its constitutionality.
The Purdue Student Supreme Court shall be responsible for resolving disputes
between any member of the Purdue Student Government and other parties, which
may include other Purdue Student Government members, Faculty, Staff, and
Administration, and Community members relating to this Constitution and the
procedures and policies of the Purdue Student Government.

(b) In considering the legal basis for any claim, the Judiciary shall recognize and uphold
the following laws:

i. The Purdue Student Government Constitution, bylaws, and all other duly
enacted legislation.

ii. Previous precedent of the Purdue Student Supreme Court.

iii. The laws of the United States, and the State of Indiana.

iv. The Purdue Student Supreme Court shall uphold no statute or rule that has not
been fully and clearly formulated, published, and made generally known.

v. Where substantial injustice would result from following a previous decision or

from failing to act because no rules of law listed here provide sufficient
guidance, the Judiciary reserves the right to formulate new rules to guide its
decision making, to interpret all sources of law available, and to distinguish,
limit or overrule previous decisions in accordance with the principles of justice.

(c) Upon a constitutional challenge to a duly enacted statute of Purdue Student

Government, the Chief Justice shall notify the President within seventy-two (72)
hours of the complaint’s filing.

i. The President may submit the views of the Government to the Court for
consideration.

ii. Upon the Court’s review of the constitutionality of any statute, the Chief Justice
shall be responsible for presenting a copy of all published opinions to the Purdue
Student Senate for review.

iii. The Purdue Student Supreme Court shall not issue advisory opinions on the
Constitutionality of statutes prior to formal review.

(a) The most senior member of the body shall be the Chief Justice, followed by
Vice-Chief Justice, followed by each subsequent Justice in order of date of
confirmation before the Purdue Student Senate

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 (b) All Purdue Student Supreme Court Justices shall be full voting members of
the body, and shall cast a vote in order of reverse seniority for all questions
of constitutionality, statutory interpretation, and election rules and
procedures. In the event that no opinion shall garner a plurality of voting
Justices, the case shall be dismissed and no action shall be taken. Any
case which is dismissed due to the inability for any opinion to garner a
plurality of voting Justices may be reargued before the Court.

(c) During all Traffic Court cases, the Chief Justice shall only vote to break
ties. In the event that no opinion shall garner a plurality of voting justices
during Traffic Court cases, the Chief Justice shall be the final authority.

(d) The party whom brings an action before the Court shall be considered the
“Petitioner(s).” The party whom the action is being brought against shall be
considered the “Respondent(s).”

(e) No provision in this section shall limit the Purdue Student Supreme Court’s
statutory interpretation authority, nor shall any provision within this statute
prohibit the Purdue Student Supreme Court from adding additional
procedures within the Standing Rules of the Purdue Student Supreme
Court.

Section 6.04 Restrictions

(a) No Justice shall submit evidence or testify as a witness.

(b) Justices shall recuse themselves from an action if they feel they cannot hear the action
fairly and impartially. No justice shall hear an action in which they are a party or
witness, or that raises significant conflict of interest.

Section 6.05 Student Rights

(a) Individual Rights

i. No party shall be required to testify against himself or herself under threat of

penalty.

ii. Both parties shall have the right to a speedy and orderly hearing before an
impartial panel, a prompt disposition of the action, may present evidence and
question witnesses, hear all evidence presented, be given the opportunity to
cross-examine witnesses called by the opposing party, a judgment based
solely on the evidence and arguments presented in a hearing, and a written
explanation of the decision.

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 iii. The Defendant shall have the right not to be penalized except for violation of
a rule that has been fully and clearly formulated, published, and generally
made known to all concerned, to be presumed innocent until proven guilty, to
be free from penalty until the Court has issued its decision, not to suffer from
a cruel or unusual penalty, not to be twice tried for the same offense, and to
be provided with an exact statement of the charges against him/her, the
source of the charges, the maximum penalty assessable, the time and place of
the hearing, in sufficient fullness and reasonable time to allow him/her to
prepare a competent defense.

(b) Parties may provide their own legal counsel, non-professional or professional, to
represent them in court. The Purdue Student Supreme Court shall not be responsible
for providing counsel. Counsel to a party cannot be required to testify regarding his or
her conversations with that party.

(c) Any non-party who wishes to raise questions or present evidence concerning the
action may submit a written Amicus brief. Both parties shall be informed of the
contents of the brief.

Section 6.06 Purdue Student Supreme Court Statute of Limitations

(a) No request for relief shall be filed more than sixty days after the date on which the
alleged violation occurred between the months of August and April.

(b) No request for relief shall be filed more than one hundred and twenty days after the
date on which the alleged violation occurred between the months of May and July.

(c) The Court may hear an action in any month of the calendar year. The Judiciary may,
at its discretion, hear an action during the spring or summer term where necessary to
prevent substantial injustice.

Section 6.07 Restrictions to Membership in Purdue Student Supreme Court

(a) No Purdue Student Supreme Court member shall hold any other office within Purdue
Student Government and shall not be an employee or staff member of a non-
university media outlet.

(b) No Justice, while in office, shall be considered for election or appointment to any
Government position.

Section 6.08 Clerks of the Court

(a) All subordinate members of the Purdue Student Supreme Court shall be considered
“Clerk(s)”. The Purdue Student Supreme Court shall have the authority to recruit and
train clerks of the Court, who shall be responsible for the tasks assigned to them by
the Justices. Clerks may serve at the pleasure of the court at large, or an individual

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 Justice may recruit their own clerks.

(b) Any clerk may be relieved of their duty at the discretion of the Chief Justice.

Section 6. Notification and Compliance

Upon the enactment of this statute, certified copies of this legislation shall be delivered
by the Student Body Secretary to all Student Supreme Court Justices. The Supreme Court
Standing Rules shall be brought into compliance with these Bylaws as soon as possible, a
period not extending more than thirty (30) days from this enactment.