Constitutional Amendment Proposals

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THESE ARE PROPOSED AMENDMENTS TO THE UNC SCHOOL OF LAW CONSTITUTION. PROPOSED CHANGES ARE IN BOLD. PROPOSED DELETIONS ARE IN ITALICS.

_______________________________________________________________________

SPRING 2018: DRAFT AMENDMENT TO ARTICLE IV OF THE UNC SCHOOL OF LAW CONSTITUTION

This amendment seek to formalize the deputy treasurer and parliamentarian positions which previously existed and add an LLM class representative. 

Article IV: Board of Governors  

Section 2.

         (a) The Board of Governors shall be composed of:                 

(i) The President, Vice President, Treasurer and Secretary of the SBA, such officers to constitute the Executive Committee of the Board of Governors.

(ii) Two elected representatives from each class.

(iii) The President of each class, as elected by each respective class.

(iv) A representative from the LLM class.

(v) A Deputy Treasurer.

(vi) A Parliamentarian.

(b) INTENTIONALLY LEFT BLANK (NO CHANGES MADE TO THIS SECTION)

(c) The Deputy Treasurer and Parliamentarian are appointed, and shall not have voting powers.

(d) INTENTIONALLY LEFT BLANK (AMENDMENT ONLY CHANGES LETTERING)

(e) INTENTIONALLY LEFT BLANK (AMENDMENT ONLY CHANGES LETTERING)

 _______________________________________________________________     

SPRING 2018: DRAFT AMENDMENT TO ARTICLE VI OF THE UNC SCHOOL OF LAW CONSTITUTION

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

Section 3. LLM Elections. Elections for the LLM class representative shall be held in the Fall.

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 Governors.

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 of Governors.

In such 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.

Where any 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 Court

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

         a. Composition

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 Selection

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 which elected.

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 which selected.

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.

2.      The 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.

3.      The 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.

4.      Any law student in good standing may apply to the selection committee to be considered for recommendations.

5.      The committee shall convene to consider all applications that it receives.

6.      Committee 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 Professional Conduct.

8.      Following 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.

9.Racial, sexual, and other diversity represented in the law school student body may be considered in recommending and appointing Court members.

e. Terms of Office

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 Court

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 The Instrument. 

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 pending

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 impaneled.

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 Officers

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 of Governors. 

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

The Law School Attorney General’s term of office shall be concurrent with that of the Honor Court.

 

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