UCSU APPELLATE COURT BYLAWS
Article I: Purpose
Rule 1: Purpose of Rules
These rules supplement the UCSU Constitution and Bylaws as provided by Article V of the Constitution. These rules are adopted in the best interest of UCSU constitutional law, basic fairness to all parties involved, and efficiency of Court procedure.
Rule 2: Chief Justice
The Chief Justice shall act as the presiding officer for the Appellate Court. The Chief Justice will serve as primary liaison and Court representative to extra-judicial parties and other branches of the UCSU government. The Chief Justice will serve to ensure efficient administration of Justice, as described in Rule 1 and may delegate authority as deemed necessary.
Rule 3: Deputy Chief Justice
The Deputy Chief Justice shall assume all duties of the Chief Justice when the Chief Justice is unable to do so or delegates such power to the Deputy Chief justice. The Deputy Chief justice shall assist the Chief Justice in securing efficient Court procedure.
Rule 4: Staff Support
There shall be a staff assistant provided to the Court by UCSU. Duties shall consist of clerical responsibility and administrative support.
Rule 5: Election of Court Officers
The Chief and Deputy Chief justices, as officers of the Court, shall be elected by majority vote of the Court at a previously designated meeting consisting of a Court quorum. Officers shall be elected upon the end of the term, resignation, or censure of a former officer. Elections for an officer- delegate may be held three weeks prior to the scheduled vacancy of an office.
Rule 6: Removal of Court Officers
The Court may, upon the affirmative vote of five Justices at a previously designated meeting, remove an officer from the position. Prior to such a removal, the officer is entitled to present favorable arguments at a formal hearing before the Court.
Rule 7: Report on the State of the Appellate Court
The Appellate Court may, at the discretion of the Chief Justice, present a report on the state of the court to the Legislative Council. This report is optional and may be written or oral, or both.
Rule 8: Judicial Decorum
A. Justices shall not discuss a case pending before the Court with any other person, except another Justice, prior to issuance of judgment of case, as set forth in Rules 27-29.
B. Justices shall not give substantive legal advice on matters potentially or actually before the Court. However, justices are not precluded from assisting a party with procedural matters or discussing past cases and UCSU jurisprudence.
C. Justices shall strive to avoid actual conflicts of interests in cases pending or potentially pending before the Court.
Rule 9: Judicial Censure
The Court may, upon the affirmative vote of five Justices, remove a Justice from participation in a case if it is determined that a substantial conflict of interest or serious abuse of judicial office requires removal to ensure integrity of Court decisions.
Rule 10: Terms of Office
A. Appointments to the Court shall last for as long as the Justice is a student. “Student” shall be defined as any full mandatory fee-paying member of the University of Colorado Student Union enrolled in at least six credit hours. The enrollment requirement applies only to Fall and Spring semesters.
B. All Justices, except for the Chief Justice, shall serve voluntarily.
C. The Chief Justice shall have office hours a minimum of two hours per week.
D. The Chief Justice and/or the Associate Chief Justice shall be required to attend all hearings.
Rule 11: Meetings
A. The Court shall meet every other week or as deemed necessary by the Chief justice. The
time and place of the meeting is at the discretion of the Chief Justice.
B. All justices, excluding Chief Justice, will be allowed a total of three absences from any and all meetings in
a single semester. Failure to attend without just cause will result in grounds for removal from office.
C. Justices will be required to attend a minimum of three hearings. If a justice is assigned to attend a hearing and then he/she does not attend, that absence will count as two.
Rule 12: Standing to Bring an Action
Any student may request a decision of the Court on a matter of Constitutional interpretation, and if the student so desires, request relief from the Court under Article VI, Rule 26 of these Bylaws.
Rule 13: Commencement of Action
A. A case before the Court is activated by filing a petition with the Court, or in the case of fee waivers, the UCSU Finance Director pursuant to the procedures set forth in Rules 12 and 13.
B. The person or party filing the petition with the Court shall be known as the "Petitioner." The person or party against whom relief is sought shall be designated the "Respondent."
C. Should there exist no party against whom relief is sought, the Court will designate the case as "In the Matter of" or "In re" petitioner.
D. The Court may, as deemed necessary, order the petitioner to name or clarify a respondent against whom relief would issue should the Court find in favor of the petitioner.
E. Petitioner must submit one copy of the petition to the Court and one copy to the respondent, if one exists or is later ordered by the Court to be named.
F. All written oral arguments presented to the Court must be authored and presented by a member of UCSU, except in the case of fee waiver appeals.
Rule 14: Requirements of Petition
A. A petition should clearly state, in order and by numbered paragraphs, all facts which are not generally recognized through judicial notice, and which are pertinent to the action; the Constitutional arguments upon which the claim(s) is based; and the specific remedies sought.
B. The petition shall include the name, address, and phone number of each petitioner, and respondent, if known to the petitioner.
C. Absolutely no retroactive cases shall be heard.
Rule 15: Optional Answer
Once served with a petition, the respondent party, may, but is not required to, file an answer with the Court and the petitioner, subject to the requirements of Rule 12.
Rule 16: Amending the Pleadings
A. An amendment to a petition or answer shall contain additional pertinent facts, and/or new arguments, and/or additional claims(s) for relief not purposefully omitted from the original pleading.
B. An amendment to a petition shall be filed no later than 24 hours before scheduled consideration of the case. An amendment to an answer which responds directly to an amended petition and contains no additional arguments beyond the scope of the amended petition shall be filed no later than 8 hours before consideration; otherwise an amended answer must be filed no later than 24 hours before consideration.
Rule 17: Clarity
All matters filed before the Court should be designed with clarity and straightforwardness. All filings to the Court shall be legible, or the Court will refuse to consider the filling.
Rule 18: Court Discretion
The Court may, with valid cause shown, waive or alter any of the requirements set forth in Rules 12-16 as efficiency in the best administration of justice so requires.
Rule 19: Burden of Proof
Unless applicable law or regulations so provide, the Court will determine the burden(s) of proof necessary for successful fact finding in a case after all filings have been made to the Court.
Rule 20: Argument Presentation
A. Unless announced otherwise by the Court, the following order shall be used to present a case before the Court:
1. Petitioner's
opening statement.
2. Respondent's opening statement.
3. Each side, beginning with the petitioner, will present their case and if witnesses are used, the opposing party shall have the opportunity to cross examine the witness.
Rule 21: Questions by the Court
If necessary to an understanding of an argument presently being made, a Justice may, at any time during the proceeding, interject with a question to the party making the argument.
Rule 22: Courtroom Order and Conduct
A. The Court shall be brought to order by the Chief Justice or a person the Chief Justice delegates the power to. The Court shall not be convened unless there is a quorum present which, for Court purposes, is five Justices.
B. The Chief Justice shall be empowered to maintain order during the proceeding and may issue orders to that effect.
Rule 23: Relevancy
A. The Court shall determine what evidence is relevant.
B. Although relevant, the Court may exclude evidence if its probative value is substantially outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. The Court shall also disregard unsubstantiated observances, rumors, or innuendoes.
Rule 24: Control of Evidence
The Court will, in a manner it sees fit, determine the admissibility of evidence as, defined in this article.
Rule 25: Other Exclusionary Bases
The Court may determine standards of admissibility of evidence beyond those defined in Rule 23 in the best interests of the fair and efficient administration of Justice.
Rule 26: Authority
Decisions of the Court derive authority from Article IV, Paragraph B, Section 2 of the UCSU Constitution, which reads, "All decisions by the Court shall be binding and valid on all affected parties." These rules supplement this Constitutional provision.
Rule 27: Final Judgment
The Court shall issue a final judgment in a case which has been argued by the parties in a hearing before the Court. Judgment officially becomes final when the written decision by the Court is posted on the door of the Appellate Court office. In the case of fee waivers, a letter will be sent notifying the student of the Court's decision. The Court has seven days in which to post the decision after the case has been heard.
Rule 28: Summary judgment
The Court shall issue a summary judgment in a case when the Court determines no issues of fact exists and a hearing for the presentation of argument is unnecessary. The summary judgment becomes final when posted in the manner described in Rule 27.
Rule 29: Default judgment
The Court may issue a default judgment against a party who fails to appear at a scheduled hearing, or who fails to abide by Court orders provided for in these rules. The Court will issue a continuance of a proceeding if good cause is shown.
Rule 30: Temporary Restraining Order
Prior to the issuance of a final judgment or summary judgment, the Court may, upon a showing of substantial possibility of irreparable harm, make an order restraining actions by a party until final resolution of the case, or until such harm ceases to exist.
Rule 31: Bill of Particulars
A. The petitioner shall, upon order of the Court, submit a bill of particulars, whereby that party shall set forth in greater detail their arguments and/or claims for relief.
B. Failure to submit a bill of particular when ordered to shall preclude hearing of the case until submitted.
Rule 32: Interrogatories
The Court may, as it deems necessary, submit interrogatories to a party, who is bound to answer as best as possible. The Court may also submit interrogatories to other relevant non-parties.
Rule 33: Amendment Procedure
Five affirmative votes from the Court are required to amend any of these rules.
Rule 34: Activation
These Appellate Court Rules displace all prior Appellate Court Rules and become effective when ratified by five affirmative votes of the Appellate Court.
Rule 35: Elections
The Court shall empower the Justices present at the tabulation center with the power to decide if a ballot or ballots are valid. These decisions can be appealed to the Court which has final jurisdiction.
As
Amended by Appellate Court ruling in review of TRO in 021-SP-04, April
10, 2002