A.B. 16
Updating Organization and Powers of the Judicial Branch, Student Government’s Relationship with the
Election Supervisory Board, and Authority of the Campus-Wide Election and Student Government Election
Codes
IN THE UNIVERSITY OF TEXAS AT AUSTIN STUDENT GOVERNMENT
Authors:
Mr. PHILIP S. WISEMAN (Chief Justice, Supreme Court), Mr. ANDREW GRANT HOUSTON
(Representative, Architecture), Mr. JOHN DAVID ROBERTS (Representative, University-wide),
Ms. JESSICA SHERMAN (Representative, Geosciences), and Ms. VICTORIA PETRUZZI
(Representative, Natural Sciences)
Sponsors:
Mr. ANDREW GRANT HOUSTON, Ms. VICTORIA PETRUZZI, Mr. JOHN DAVID ROBERTS,
Ms. JESSICA SHERMAN, and Mr. KENTON WILSON
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BE IT ENACTED BY THE UNIVERSITY OF TEXAS AT AUSTIN STUDENT GOVERNMENT:
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SECTION 1. Student Government Constitution, Article V is amended to read as follows:
Article V
THE JUDICIAL BRANCH
Sec. 5.1
the judicial branch of Student Government.
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Sec. 5.2
Sec. 5.3
COMPOSITION OF THE SUPREME COURT. The Supreme Court shall consist of five
(5) Justices.
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COMPOSITION OF THE JUDICIAL BRANCH. The judicial branch shall be governed by
and composed of the Student Government Supreme Court.
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VESTMENT OF JUDICIAL POWER. All judicial powers and authority shall be vested in
Sec. 5.4
ELECTION OF CHIEF JUSTICE. The Supreme Court shall elect a Chief Justice from
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among its members by the end of the spring semester of each year. If the office of Chief
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Justice becomes vacant, the Court shall immediately elect a new Chief Justice from among its
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members.
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Sec. 5.5
PROHIBITION ON CONCURRENT SERVICE OUTSIDE OF THE JUDICIAL
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BRANCH. Justices shall not, concurrent to service, hold any position within the executive or
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legislative branches of Student Government.
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Sec. 5.6
MINIMUM NUMBER OF HOURS IN-RESIDENCE ELIGIBILITY FOR JUSTICES.
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Justices must have completed at least twelve (12) semester hours in-residence at the
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University if an undergraduate or nine (9) hours in-residence if a graduate student.
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Sec. 5.7
not be on scholastic or disciplinary probation at the time of appointment and while serving.
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Sec. 5.8
Sec. 5.9
ACADEMIC LIFETIME APPOINTMENT. Justices shall serve until they resign, become
ineligible to serve, or are removed for delinquency to fulfill the duties of office.
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LIMIT ON NUMBER OF LAW STUDENTS SERVING AS JUSTICES. No more than
three (3) Justices shall be students enrolled in the School of Law.
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GOOD STANDING REQUIRED TO SERVE ON SUPREME COURT. Justices must
Sec. 5.10
NOMINATION OF NEW JUSTICES WHEN FEWER THAN THREE ARE SERVING.
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If the Supreme Court consists of fewer than three (3) sitting Justices, new Justices shall be
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nominated by the President and confirmed by a two-thirds (2/3) vote of total sitting
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representatives in the Assembly.
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Sec. 5.11
TIMETABLE FOR PRESIDENTIAL NOMINATION OF JUSTICES. The President
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shall act within four (4) weeks to bring before the Assembly one or more nominees to fill the
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vacant positions. If an insufficient number of nominees are confirmed by the Assembly to
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bring the membership of the court to three (3) or more Justices, the President shall bring
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forward one or more subsequent nominees within four (4) weeks of the Assembly’s vote.
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Sec. 5.12
NOMINATION OF NEW JUSTICES WHEN MORE THAN THREE ARE SERVING.
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If the Supreme Court consists of three (3) or more sitting Justices, new Justices shall be
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nominated by the sitting Justices of the Court and confirmed by a two-thirds (2/3) vote of
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total sitting representatives in the Assembly.
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Sec. 5.13
PRESIDENTIAL REJECTION OF JUDICIAL NOMINATION. If confirmed, the
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Student Body President may reject the nominee. The President’s decision to reject a nominee
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may be overridden by a three-quarters (3/4) vote of the Assembly.
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Sec. 5.14
ANTICIPATED VACANCIES ON THE SUPREME COURT. If a vacancy on the Court
is anticipated, the Supreme Court may initiate nomination and confirmation proceedings up
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to six (6) months in advance of the anticipated vacancy. A nominee confirmed in this way
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shall not begin serving as a Justice until a vacancy in the Court arises.
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Sec. 5.15
CLERKS. The Supreme Court shall have the power to select and appoint non-voting clerks
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to aid the Court. Clerks of the Court shall not be a Justice nor a member (other than ex-
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officio) of the executive or legislative branches of Student Government.
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Sec. 5.16
DUTIES, POWERS, AND AUTHORITY OF THE ASSEMBLY. The Student
Government Supreme Court shall possess the following duties, powers, and authority:
(a) There must be a minimum of at least three sitting Justices on the Court for the Court
to be allowed to take any formal action.
(b) No formal action may be taken by the Court without a quorum present which shall
consist of all sitting Justices.
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(c) The Supreme Court shall have sole original and supreme jurisdiction in all cases
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arising under this Constitution and its associated rules, regulations, or bylaws; as well
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as any matter concerning controlling authority upon the acts of Student Government.
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(d) The Court shall hear all cases in which any student, faculty member, staff member,
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administrator, or student organization at The University of Texas at Austin brings an
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actionable complaint.
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(e) Any rule of standing enforced by the Court shall be no more than a minimal threshold
designed to prevent frivolous complaints.
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(f) The Supreme Court shall have the power, at its discretion, to issue prescriptive writs
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on any issue within its jurisdiction at the request of an officer of Student Government.
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(g) The Supreme Court shall certify the validity of signatures of all petitions filed with
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Student Government for referendum, initiative, or constitutional initiative in a timely
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manner in order to fulfill the requirements of publishing and preparing the ballot item.
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(h) The wording of a referendum, initiative, or constitutional initiative submitted by
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petition may be amended only if approved by the Supreme Court. The Supreme Court
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shall not approve the amending of a ballot item if requested less than three (3) weeks
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in advance, if the proposed amendment changes the effect or substance of the original
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petition submitted, or if the amendment significantly alters the original petition in any
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other way.
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(i) The Supreme Court shall have the power to fashion remedies within its jurisdiction
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for any petition brought before the Court (including, but not limited to, writs of
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injunction and writs of mandamus).
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(j) The Supreme Court shall have the power to declare null and void any act of Student
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Government that violates this Constitution its associated rules, or any other published
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controlling authority upon Student Government.
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Sec. 5.17
PERSUASIVE VALUE OF SUPREME COURT OPINIONS. Opinions of the Supreme
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Court shall have persuasive precedential value in subsequent proceedings of the Supreme
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Court.
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Sec. 5.18
PRECEDENTIAL VALUE OF SUPREME COURT OPINIONS. Opinions, rulings, and
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writs of the Supreme Court shall have binding precedential value over subsequent
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proceedings of the Election Supervisory Board. The passage of time shall not cause the
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precedential value of an opinion to expire.
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Sec. 5.19
ESTABLISHMENT OF SUPREME COURT RULES AND REGULATIONS. The
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Supreme Court shall establish its own rules of procedure to be included in the Student
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Government Code.
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Sec. 5.20
SUPREME COURT JOURNAL AND OPINIONS. The Supreme Court shall maintain an
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official journal of its proceedings, and shall issue written opinions in all cases brought before
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it.
(a) The Court shall make all opinions it has rendered publicly available within one (1) week
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of the Court’s decision in each case.
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Sec. 5.21
STUENT GOVERNMENT PARTICIPATION IN SELECTION OF ELECTION
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SUPERVISORY BOARD. Any agent of Student Government who shall participate in the
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selection of the Election Supervisory Board shall be nominated by the President and
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confirmed by a two-thirds (2/3) majority of total sitting representatives in the Assembly.
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Sec. 5.22
AUTHORITIES GOVERNING ELECTIONS. All campus-wide Student Government
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elections shall be governed by the campus-wide elections code and the Student Government
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Election Code.
(a) All rules and regulations governing elections must be approved by the Student
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Government Assembly prior to implementation.
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Sec. 5.23
PROHIBITION ON IMPLEMENTING RULES WITHIN FOUR WEEKS. No election
rules may be enacted within four (4) weeks prior to an election.
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Sec. 5.24
APPELLATE AND SUPREME ELECTION JURISDICTION OVER ELECTIONS.
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Appellate and supreme jurisdiction over all Student Government elections shall reside
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exclusively with the Student Government Supreme Court.
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(a) Any and all decisions and opinions of the Election Supervisory Board may be appealed
to the Student Government Supreme Court.
(b) Decisions of the Election Supervisory Board may be overturned, modified, or upheld
by the Supreme Court.
(c) The Supreme Court may fashion any appropriate remedy for appeals of Election
Supervisory Board decisions or opinions.