Bylaws of the Associated Students
of Colorado State University

Supreme Court

The judicial power of the Associated Students of Colorado State University shall be vested in one Supreme Court. Representations of the name may include ASCSU Supreme Court, Supreme Court, or Court.

Jurisdiction and Purpose

1. The ASCSU Supreme Court shall have judicial authority over ASCSU, including the power to:
2. Interpret, uphold, and enforce the ASCSU Constitution.
3. Interpret and conduct judicial review of acts of the ASCSU Senate and of all ASCSU administrative boards.
4. Set bylaws, rules of order, and rules of procedure for the Supreme Court.
5. Uphold and enforce the rules and regulations set forth in the Student Conduct Code.
6. Hear cases involving any ASCSU member(s), provided that the stated ASCSU member(s) have already gone through established University procedures.
7. Hear cases involving ASCSU Constitutional amendments, Senate bills, Senate resolutions, inter-branch disputes, and Elections Appeals.
8. Interpret, uphold, and enforce the bylaws of the ASCSU Supreme Court.
9. Additionally,  ASCSU Supreme Court Justices shall have the power to:
10. Serve on the University Pre-Admissions Hearing Committee, the University Appeals Hearing Committee, and/or the All University Hearing Board. Information about these boards and their procedures can be found in the Student Conduct Code and through the Office of Conflict Resolution and Student Conduct Services (http://www.conflictresolution.colostate.edu/home.aspx).
11. Act as advocates to any individual student(s) with regard to University hearing and appeal processes.
12. The ASCSU Supreme Court retains appellate jurisdiction of a case when it is the original hearing body.
13. ASCSU Supreme Court Justices may prepare a written opinion regarding the outcome of any case heard before the Court.  Any Justice not in the majority may author a dissenting opinion.

Officers and Duties

The Supreme Court shall be composed of one (1) Chief Justice, and six (6) Associate Justices.

            Chief Justice:

The duties of the Chief Justice shall include but not be limited to presiding over Court proceedings involving the entire Court. The Chief Justice shall determine, with the advice and consent of the Associate Justices, the meeting time and location for the weekly meetings of the Supreme Court. Emergency meetings or sessions of the Court may be arranged at the discretion of the Chief Justice.

The Chief Justice shall submit a report via Cabinet Reports regarding the Court.  The Chief Justice shall counsel the ASCSU President in nominating Associate Justices. The Chief Justice shall arrange judicial training sessions for the Supreme Court as necessary with appropriate offices, including but not limited to the Office of Conflict Resolution and Student Conduct Services, DAY Programs, and the Office of Women Programs and Studies. The Chief Justice shall attend weekly meetings of the ASCSU Senate in order to administer the oath of office, as found in the ASCSU Constitution, to any newly elected or appointed members of ASCSU. The Chief Justice shall follow any relevant sections to the Associate Justices set forth in the Jurisdiction and Purpose section of these bylaws. Additionally, the Chief Justice will chair the All University Hearing Board. The Chief Justice shall retain the authority to expand upon the responsibilities and activities of the Supreme Court during his or her term.

            Associate Justice:

The duties of the Associate Justices shall include but not be limited to advocating and assisting students in hearings and appeal cases. Associate Justices shall also serve as liaisons and consultants for the Supreme Court and the Office of Conflict Resolution and Student Conduct Services, the Office of Greek Life, Sport Clubs, Student Organizations, Student Legal Services, and other branches of ASCSU. Associate Justices are required to attend requisite functions of the Supreme Court.

Terms of Office

            Appointments:

Chief Justice:

The Chief Justice shall be nominated by the outgoing ASCSU President within two (2) weeks after the ASCSU elections and ratified by a majority vote of the ASCSU Senate during the preceding academic year for which he or she will serve. The Chief Justice shall serve for one (1) year. The term shall begin on June 1^st of the year of his or her appointment and continue until May 31^st of the next year.  The Chief Justice is eligible for reappointment subject to the approval of the ASCSU President.

Associate Justice:

Associate Justices shall be nominated by the ASCSU President and ratified by a majority vote of the ASCSU Senate. Associate Justices shall serve a two- (2) year term beginning on the day of their ratification until the same day two (2) years later.  The Associate Justices are eligible for reappointment subject to the approval of the ASCSU President.

Removal:

Chief Justice:

In the event that there are grounds for impeachment (see Art. VI Sec. 602 of the ASCSU Constitution) of the ASCSU Supreme Court Chief Justice, a petition containing the signatures of not less than ten (10) percent of all members of ASCSU, or three (3) Senators, or fifty (50) percent of the Associate Justices will be presented to the President of ASCSU. The President shall then form an Ad Hoc committee to investigate the complaint. The Ad Hoc committee has ten (10) business days after appointment to present its findings to the ASCSU Senate. The Chief Justice shall be immediately removed from office upon a two-thirds (2/3) majority vote of the Senate to convict. The Chief Justice shall have appeal privileges to a jury of six (6) members of ASCSU to be randomly chosen by the ASCSU faculty advisor.  The President, the Speaker of the Senate, and one member of the Judiciary shall preside over this body and serve as ex oficio members. This jury may overrule impeachment only for procedural errors and not on substantive grounds.

Associate Justices:

In the event that there are grounds for impeachment of an ASCSU Supreme Court Associate Justice, a petition containing the signatures of not less than ten (10) percent of all members of ASCSU, or three (3) Senators, or the Chief Justice will be presented to the President of ASCSU. The President shall then form an Ad Hoc committee to investigate the complaint. The Ad Hoc committee has ten (10) business days after appointment to present its findings to the ASCSU Senate. An Associate Justice shall be immediately removed from office upon a two-thirds (2/3) majority vote of the Senate to convict. Associate Justices shall have appeal privileges to a jury of six (6) members of ASCSU to be randomly chosen by the ASCSU faculty advisor.  The President, the Speaker of the Senate, and one member of the Judiciary shall preside over this body and serve as ex oficio members. This jury may overrule impeachment only for procedural errors and not on substantive grounds.

Policies & Procedures

            Office Hours:

The Chief Justice shall keep a minimum of ten (10) office hours in the ASCSU office each week. Associate Justices shall keep a minimum of four (4) office hours in the ASCSU office each week. Associate Justices who fail three (3) times to complete all four (4) office hours during a semester will be placed on probation, as notified by the Chief Justice in writing. Additional offenses within the semester are grounds for dismissal.

            Training:

Training is mandatory for all Supreme Court Justices. Exceptions will be made only in the event of extenuating circumstances. Notification must be made in a timely manner to the Chief Justice.

            Meetings:

Two (2) unexcused absences from Court meetings in a single semester will lead to probation as notified by the Chief Justice in writing.  During this probationary period, the Chief Justice may revoke voting privileges. Additional offenses within the semester are grounds for dismissal.

Voting:

The Chief Justice shall abstain in all voting matters except in the event of a tie, when the Chief Justice shall cast the deciding vote. Associate Justices shall each have a single vote on all Court decisions. Quorum for the Supreme Court will be achieved at four (4) Justices.

Campus Involvement:

Each year the Chief Justice and Associate Justices shall each attend a minimum of four (4) ASCSU-sponsored events and four (4) non-ASCSU-sponsored events, two (2) of which must be diversity-related.

Amendments:

Any Supreme Court Justice may author amendments to these bylaws. Any amendments to these bylaws must be ratified by a two-thirds (2/3) affirmative vote of the Supreme Court Justices. Per Article IV, Section 407 of the ASCSU Constitution, the Court will alert the ASCSU Senate to changes made to these bylaws.

Judicial conduct

ASCSU Supreme Court Justices are to observe the following guidelines in their behavior and in the performance of their duties wherever appropriate and applicable.

A Judge should uphold the integrity and independence of the Judiciary:

An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and should personally observe those standards, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.

            A Judge should avoid impropriety and the appearance of impropriety in all activities:

A)        A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

B)        A judge should not allow family, social, or other relationships to influence judicial conduct or judgment. A judge should not lend the prestige of the judicial office to advance the private interests of others; nor convey or permit others to convey the impression that they are in a special position to influence the judge.

C)        A judge should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.

            A Judge should perform the duties of the office impartially and diligently:

                        A)        Adjudicative Responsibilities.

I.          A judge should be faithful to and maintain professional competence in the law, and should not be swayed by partisan interests, public clamor, or fear of criticism.

II.        A judge should hear and decide matters assigned, unless disqualified, and should maintain order and decorum in all judicial proceedings.

III.       A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of those subject to the judge's control.

IV.       A judge should accord to every person who is legally interested in a proceeding, or the person's lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte communications on the merits, or procedures affecting the merits, of a pending or impending proceeding. A judge may, however, obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond. A judge may, with consent of the parties, confer separately with the parties and their counsel in an effort to mediate or settle pending matters.

V.        A judge should dispose promptly of the business of the court.

VI.       A judge should avoid public comment on the merits of a pending or impending action, requiring similar restraint by court personnel subject to the judge's direction and control. This proscription does not extend to public statements made in the course of the judge's official duties, to the explanation of court procedures, or to a scholarly presentation made for purposes of legal education.

                        B)        Administrative Responsibilities.        

I.          A judge should diligently discharge the judge's administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.

II.        A judge should require court officials, staff, and others subject to the judge's direction and control, to observe the same standards of fidelity and diligence applicable to the judge.

III.       A judge should initiate appropriate action when the judge becomes aware of reliable evidence indicating the likelihood of unprofessional conduct by a judge or lawyer.

IV.       A judge should not make unnecessary appointments and should exercise that power only on the basis of merit, avoiding nepotism and favoritism. A judge should not approve compensation of appointees beyond the fair value of services rendered.

V.        A judge with supervisory authority over other judges should take reasonable measures to assure the timely and effective performance of their duties.

C)        Disqualification.

I.          A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances in which:

a)         the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

b)         the judge knows that the judge, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding;

c)         the judge or the judge's spouse, or a person related to either within the third degree of relationship, or the spouse of such a person:

(i)         is a party to the proceeding, or an officer, director, or trustee of a party;

(ii)        is acting as a lawyer in the proceeding;

(iii)       is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or

(iv)       is to the judge's knowledge likely to be a material witness in the proceeding.

d)         the judge has expressed an opinion concerning the merits of the particular case in controversy.

II.        A judge should keep informed about the judge's personal and fiduciary financial interests, and make a reasonable effort to keep informed about the personal financial interests of the judge's spouse and minor children residing in the judge's household.

A Judge should regulate extra-judicial activities to minimize the risk of conflict with judicial duties:

A)        Avocational Activities. A judge may write, lecture, teach, and speak on non-legal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of the judge's office or interfere with the performance of the judge's judicial duties.    

B)        Extra-judicial Appointments. A judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice, unless appointment of a judge is required by an Act of the ASCSU Senate. A judge should not, in any event, accept such an appointment if the judge's governmental duties would interfere with the performance of judicial duties or tend to undermine the public confidence in the integrity, impartiality, or independence of the judiciary.

C)        Chambers, Resources, and Staff. A judge should not use judicial chambers, resources, or staff to engage in extra-judicial activities, except for uses that are de minimis.

A Judge should refrain from political activity:

A)        A judge should not engage in the following activities as they relate to

ASCSU:

I.          act as a leader or hold any office in a political campaign that attempts to elect candidates to office;

II.        make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office;

III.       solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions;

IV.       accept food, beverages, or clothing from any campaign;

V.        associate with candidates or campaign supporters while those individuals are engaging in political advocacy.

B)        A judge may attend debates between candidates for ASCSU offices but may not wear any attire in support of or opposition to any candidate. In addition, a judge will refrain from expressing demonstrations for or against any candidate.

C)        A judge should resign the judicial office when the judge becomes a candidate either in a primary or in a general election for any office.