This amendment seek to formalize the deputy treasurer and parliamentarian positions which previously existed and add an LLM class representative.
This amendment adds an LLM class representative election process. It also calls for special elections to be held in cases of vacancies of members of the SBA Board of Governors. It eliminates the previous nominations process and changes the process to a traditional election.
Article VI: Elections
3. LLM Elections. Elections for the LLM class representative shall be held in
Section 4. Where any member (or members) of the SBA Board of Governors, not including the SBA President, shall fail to
serve, or for any reason ceases to serve in the office for which such officer
shall have been elected prior to the completion of the term of office and before the end of the second week
of the fall semester, a
Special Election shall be held in conjunction with the First Year Elections as governed by the By-Laws, in
order to fill the office (or
offices). Where a Special Election shall be deemed impracticable, such election
may be postponed by a two-thirds (2/3) vote by the SBA Board of Governors. Where
a Special Election shall occur within 5 weeks of the General Election, such
election may be dissolved by a two-thirds (2/3) vote by the SBA Board of
Where any class
president or class representative shall fail to serve, or for any reason ceases
to serve in the office for which such office shall have been elected, prior to
the completion of that term of office and after the second week of fall
semester, the remaining two members of that class shall nominate a successor to
that office who shall take office upon two-thirds affirmative vote of the Board
situations where any two members representing a class shall simultaneously fail
to serve, or for any reason ceases to serve in the office for which they shall
have been elected, prior to the completion of their terms, and after the second
week of the fall semester, the Executive Committee, together with the remaining
class officer shall nominate persons to succeed these offices, who shall take
office upon two-thirds affirmative vote of the Board of Governors.
officer of the Executive Committee shall fail to serve or shall for any reason
cease to serve in the office for which such officer shall have been elected,
prior to the completion of that term of office and after the second week of the
fall semester, the President of the SBA shall nominate a successor who shall
take office upon two-thirds affirmative vote of Board of Governors.
Section 5. INTENTIONALLY LEFT BLANK (AMENDMENT ONLY CHANGES NUMBERING)
Section 6. INTENTIONALLY LEFT BLANK (AMENDMENT ONLY CHANGES NUMBERING)
___________________________________________________________________________ SPRING 2018: DRAFT AMENDMENT TO ARTICLE VII OF THE UNC SCHOOL OF LAW CONSTITUTION
This amendment eliminates language referencing the Honor Court from the constitution, as it is out of date.
Article VII: The Honor
Section 1. Jurisdiction
The Law School Honor Court shall adjudicate all
cases arising under the UNC Honor Code involving law school students as
provided for in The Instrument of Student Judicial Governance (The Instrument).
Under Section IV.d.2. of The Instrument, the Law
School Student Bar Association has responsibility for the operation of the Law
School Honor Court and to establish all procedures and structures of the Court,
consistent with the Instrument.
Section 2. Membership
Including the Chair and
the Vice Chair, the Court shall have at least twenty members
b. Qualifications to
hear a case
Prior to serving on a
trial court, a student must be certified by the Law School Court chair and the
Judicial Programs Officer as qualified to sit.
“Qualified,” here and elsewhere, means knowledgeable in the regulation,
provision, procedures, sanctions, and functions of the student judicial system
as delineated in The Instrument of Student Judicial Governance (hereinafter,
The Instrument). Furthermore, all court
members must be qualified to hear cases by the beginning of the court’s term.
Those students who are not qualified by the beginning of the term, subject to a
vote of the entire Court, may be replaced under the method specified in
VII.2.c.3 of the Constitution
c. Election and
1. During the spring semester each year, five
students from the First Year class shall be elected to serve on the Honor
Court. The new memberships shall be
elected by the First Year class. Their
term shall begin on the day following the last day of the spring semester in
2. During the spring semester each year,
after the election of Honor Court members, five students from the First Year
class shall be appointed by the President of the Student Bar Association,
subject to approval by a vote of two-thirds of the total membership of the
Board of Governors. The Student Bar
Association President shall appoint members from a list of candidates provided
by the Honor Court Chair in accordance with the procedures set forth in
VII.2.d. of the Constitution. Their
terms shall begin on the day following the last day of the spring semester in
3. In the event of any vacancies on the Honor
Court, due to resignation or otherwise, the Student Bar Association President
shall appoint a new member from a list of candidates provided by the Honor
Court Chair in accordance with the procedures set forth in VII.2.d of the
Constitution. The Student Bar
Association President shall give preference to students who are in the same law
school class as the person who resigned or otherwise vacated the membership on
the Honor Court.
d. Selection Process
1. A description of the process for selection
and a schedule of dates associated with selection shall be widely publicized by
the Court Chair and Vice Chair.
general selection process shall take place immediately following the election
process of the Court. In the event of a
vacancy on the Honor Court, the selection process shall begin as soon as the
Court Chair becomes aware of the vacancy.
Court shall choose a selection committee comprised of at least five members of
the Honor Court, including the Chair and Vice Chair. The Court Chair shall serve as the chair of
the committee. It shall be the
responsibility of the selection committee to establish an application process
by which law students may apply to become new members of the courts.
law student in good standing may apply to the selection committee to be
considered for recommendations.
committee shall convene to consider all applications that it receives.
recommendations shall be based upon evaluations of personal qualifications and
interviews using criteria designed to assure effective operation of the Court.
7. Members of the Honor Court are expected to
adhere to the highest standard of conduct and are subject to removal for any
conduct that falls below the standards set forth in the North Carolina Rules of
thorough consideration of the application, the committee shall create a list of
all applicants. The list shall be ranked
in order of the Committee’s preferences and then be submitted to the Student
Bar Association President for approval.
sexual, and other diversity represented in the law school student body may be
considered in recommending and appointing Court members.
e. Terms of
Members of the Honor
Court, whether elected or selected, shall serve until they graduate from the
law school. Members may resign at any
time. In the event of resignation, a new
member shall be selected by the President of the Student Bar Assocation in
accordance with VII.2.c.3 of the Constitution.
f. Term of
The term of the Court
shall begin on the day following the last day of the spring semester and shall
last for twelve months until the last day of the following spring semester.
Section 3. Procedures
a. Chair and Vice Chair
1. Prior to the end of the spring semester, the Court,
excluding the newly elected and selected members, shall elect a new Chair and
Vice Chair to serve during the upcoming term, from among the current members of
the Court. The term of office for the
Chair and the Vice Chair shall be for approximately twelve calendar months from
the day following the last day of spring semester until the last day of the
next spring semester or until their successors have been elected.
2. Any vacancy in the offices of the Chair or Vice Chair shall
be filled by election from among the members of the Court.
3. It is the responsibility of the Chair and the Vice Chair to
be well-versed in the procedures of and the rules of the Court as detailed in
4. The Chair shall assure effective and timely functioning of
the procedures leading to the appointment and confirmation of the Court members
as provided in VII.2.d of the Constitution.
The Chair shall, in conjunction with the Judicial Programs Officer,
establish procedures for the training and certification of the Court members,
and shall certify the candidates for Court panels are qualified to hear cases.
5. It shall further be the responsibility of the Chair to:
A.Impanel a trial court of five members, including the Chair
or the Vice Chair and four other randomly drawn members of the Honor Court,
upon receipt of notice from the Law School Attorney General that a case is
i. The Chair shall randomly draw the names of the members of
the Court, and compile a list of the names in the order in which they were
drawn. The Chair and the first four
randomly drawn members of the Court shall serve as the trial court. All of the available members of the Honor
Court, who are not on the original trial court, shall convene nearby in the
event a trial court member is disqualified under V.B.2 of the Instrument. In the event a trial court member is
disqualified under V.B.2 of the Instrument, the Chair shall call upon the next
available member from the randomly drawn list of names. This process shall continue until a court is
ii. If the Chair is disqualified, then the Vice Chair shall take
the Chair’s plaice in leading the hearing.
If the Vice Chair is then disqualified, the newly impaneled court shall
select from themselves a member to serve as Chair during the hearing. After the Court is impaneled, all members of
the Court not participating in the hearing shall be dismissed.
B. Selected Members of the Honor Court, when necessary, to
serve on the University Hearing Board pursuant to IV.E.2.a.2 of the
Instrument. Where Court members are
serving on a University Hearing Board sitting in appellate jurisdiction, the
next available members from the random list generated from the original hearing
shall be selected. The Court must convene
once again and follow the disqualification process articulated in VII.3.a.5.A.i
of the Constitution. Where a University
Hearing Board sits in original jurisdiction, the Chair shall randomly select
two members of the Court to hear the case.
The Court must convene and follow the disqualification process
articulated in VII.3.a.5.a.i of the Constitution.
C. Along with the Law School Attorney General, take reasonable
steps necessary to protect the privacy of the defendant and to preserve the
confidentiality of a hearing.
6. It shall be the responsibility of the Vice Chair to preside
over the Court hearings in the absence of the Court Chair. It shall further be the responsibility of the
Vice Chair to assist in the execution of the Chair’s duties.
b. All other trial and appellate procedures shall follow those
established in The Instrument.
Section 4. Court
a. Law School Attorney General
The outgoing President
of the Student Bar Association and outgoing Law School Attorney General shall
select the new Law School Attorney General.
This selection shall be based upon an application process, interview,
and personal qualifications. This
selection shall be subject to approval by two-thirds of the total membership of
the Board of Governors.
b. Law School Assistant Attorney General
The outgoing President
of the Student Bar Association and the new Law School Attorney General shall
select two Assistant Attorney Generals to assist the Attorney General in
carrying out his duties. These
selections shall be based upon an application process, an interview, and
personal qualifications. This selection
shall be subject to approval by two-thirds of the total membership of the Board
c. Responsibilities of Officers
1. It shall be the responsibility of the Attorney General and
the two Assistant Attorneys General to present cases to the Honor Court and to
work with the Court Chair to inform the student body of their rights and
responsibilities under the Honor System.
2. The Law School Attorney General, in conjunction with the Law
School Assistant Attorneys General, shall select a staff whose responsibility
shall be to investigate, provide defense counsel for, and prosecute in student
courts all alleged violations of the Code of Student Conduct.
3. The responsibilities of the Law School Attorney General are
further delineated at IV.A.1 of the Instrument.
d. Terms of Office
Law School Attorney General’s term of office shall be concurrent with that of
the Honor Court.