Any member of the SBA with a controversy rooted in a specific provision of the
Constitution or SBA By-Laws with another member of the SBA may petition the
Judicial Commission for a hearing. All Petitions must be given (either by hand
or by e-mail) to the
This may not be an exhaustive collection of decisions from the Judicial
Commission. These are the documents that have been archived and passed down:
. Below is the HTML version.
Judicial Commission Procedure By-Laws
I.
Purpose
a.
These By-laws are meant to satisfy the requirements of SBA Constitution Art. V
Section 4
II.
General Provisions
a.
The Judicial Commission Procedure By-Laws may be called "By-Laws" in this
document
b. The
SBA’s By-laws may be called "SBA By-Laws" in this document
c.
The SBA Constitution may be called "Constitution" or "The Constitution" in this
document
d. The
Judicial Commission specifically does not adopt the Texas Rules of Evidence, the
Federal Rules of Evidence or any state or federal rules of procedure
e.
The person submitting a complaint is styled as the "petitioner" the person
against whom the complaint is lodged is styled as the "respondent"
f.
Commissioners are referred to as "commissioners," not judges or justices
g.
These By-Laws incorporate the SBA Constitution, specifically Article V
i.
If direct conflict arises between the SBA Constitution and the Judicial
Commission Procedural By-Laws, the SBA Constitution shall be given deference
over the By-Laws
ii.
The By-Laws are meant to supplement and clarify the role and procedure of
the judicial commission, and not circumvent any provision of Article V of the
SBA Constitution
III.
Case Submission
a.
Any member of the SBA with a controversy rooted in a specific provision of the
Constitution or SBA By-Laws with another member of the SBA may petition the
Judicial Commission for a hearing
i.
Any petition for a hearing must state what relief is sought
1. If no
relief is available, or if the relief sought is moot, the Judicial Commission
may not grant a hearing
ii.
Any petitioner must be the actual person harmed by the action of another
SBA Member
1. If
the petitioner is not the actual person harmed, the Judicial Commission may not
grant a hearing
iii.
Petitions may be drafted in any manner that expresses the requirements
stated in Section III(a) of these by-laws
b.
Actions in which a committee is the respondent must follow the guidelines found
in Article V, Section 1 of the SBA Constitution
c.
All Petitions must be given (either by hand or by e-mail) to the SBA President
i.
The SBA President must, within 24 hours of receipt, or as soon as
reasonable, forward the complaint to the Judicial Commission’s Chief
Commissioner and post the complaint on the bulletin board outside the SBA office
in the basement of Storey Hall
1. The
petition must be in its original format, unaltered and unchanged from the form
it was in when it was delivered to the SBA President
ii.
The purpose of this requirement is to give the Voting Council notice that
the Judicial Commission has been asked to consider a formal complaint
iii.
If the SBA President is the petitioner or the respondent, the petition
must be given to another member of the executive council who then must follow
the procedures stated in III(c)(i)
1. The
order of succession shall be as follows:
a.
If the SBA President is the petitioner or the respondent, the petition must go
to the Vice President
b. If
both the SBA President and Vice President are either petitioners, respondents,
or both, the petition must go to the SBA Secretary
c.
If the SBA President, Vice President, and Secretary are petitioners,
respondents, or both, the petition must go to the SBA Treasurer
d. If
the entire SBA Executive Committee is either a petitioner or a respondent, the
petition must go to one of the SBA Student Senators
2.
Failure of the SBA President or another member of the executive committee to
forward the complaint to the Chief Commissioner of the Judicial Commission may
be grounds for removal or appropriate sanction under Article X Section 1(b) of
the SBA Constitution
d.
Granting or Denying a hearing
i.
Within 1 calendar week (7 days) of receipt of the complaint, the Chief
Commissioner must respond to the petitioner and either grant or deny a hearing
1.
Contemporaneously with this response, the Chief Commissioner must also inform
the other members of the Commission, and the SBA President
ii.
Decisions to grant or deny a hearing must be agreed to by at least three
members (excluding alternate members) of the Judicial Commission
iii.
If a hearing is granted, the Commission will schedule a hearing
1.
Hearings must be scheduled as soon as it is practical to prevent ongoing and
unnecessary delay
2.
Notice must be given to the petitioner and the respondent of the day of the
hearing
a.
Notice that a hearing will be granted should happen within 24 hours of the
Judicial Commission’s decision to grant a hearing
b.
Failure to provide notice that a hearing will be granted within 5 business days
of the date the Judicial Commission decides to grant a hearing will result in
the automatic removal of the Chief Commissioner of the Judicial Commission
i.
Note that a hearing does not have to be scheduled within the time
frame proscribed in III(d)(2)(a)&(b) – this requirement only means that the
Judicial Commission must give notice to the petitioner and respondent
iv.
If either the respondent or the petitioner fails to show up for the
hearing, one automatic reschedule shall be granted
1. If
the same party subsequently fails to show up for the next hearing date, a
judgment will be entered in default against the party failing to show up
v.
If the Commission does not grant a hearing, the decision is final, and
not subject to appeal
e.
Commissioner Recusal
i.
No Commissioner shall sit in judgment on any petition in a formal hearing
if that Commissioner
1. Is
the petitioner or the respondent; or,
2. Is
directly involved in the undisputed facts forming the basis of the complaint
ii.
In the event of Commissioner recusal or dismissal in a hearing, the
alternate commissioner shall take the commissioner’s place
1. The
alternate commissioner also may serve in a hearing in the event of an absence of
one commissioner that cannot be resolved by rescheduling
2.
otherwise, the alternate commissioner is not required to hear petitions for
relief and is exempted from the requirement of SBA Constitution Article V
Section 3(c)
IV.
Hearings
a.
Location
i.
All hearings shall be held in the Hillcrest Classroom or Florence Hall
207
b.
Voting
i.
If at least three members agree on the merits of a hearing, relief shall
be granted for the side that the majority agrees with
ii.
If the vote is 2-2, the Chief Commissioner will decide who to grant
relief for
c.
Issuing Opinions
i.
The Commission shall, within 60 days, issue a written opinion detailing
the rationale for their decision
ii.
This decision must be placed in the SBA Office in a binder containing
other SBA Judicial Commission opinions
iii.
Former decisions by the SBA Judicial Commission shall have persuasive
value, but none shall be absolutely binding as a matter of stare decisis
d.
Hearing Procedure
i.
The petitioner must state their complaint and the facts supporting their
relief
ii.
The respondent may rebut
iii.
Both the petitioner and respondent may bring witnesses as they see fit
iv.
Commissioners may restrict the time limit as they see fit by a vote of
3/4ths of the commissioners hearing the matter
v.
Commissioners may ask, at any time, questions of the petitioner or
respondent
vi.
Instances of willful obstruction or deliberate lying by any party to the
commission shall be referred to the Honor Council for disciplinary proceedings