Monday, January 25, 2010
Judicial Council rebukes President, Senate
In a rare use of its constitutional power, the ASUN Judicial Council Wednesday unanimously ordered the Election Commission to implement a new apportionment scheme for Senate seats. In an unsigned order (meaning no single justice claims authorship), the Council found that both ASUN President Eli Reilly and the 22-member Senate failed to carry out their constitutional and legal responsibilities to apportion the seats in the Senate for the next two sessions.
According to population figures, the College of Agriculture, Biotechnology, and Natural Resources is entitled to a second seat, at the expense of one seat in the Division of Health Sciences. This shift is due to increased enrollment in CABNR degrees, primarily as a result of realignment of degree programs in the past year.
The ASUN Constitution requires the Senate to reapportion its seats every two years based on the number of students in each college and school. In 2008, the Senate passed a law delegating this function to the President, requiring him to transmit to the Senate by the first week of December every two years a statement showing the population in and the number of seats to which each college and school is entitled.
The Council found President Reilly failed to carry out his duty, noting that he does not dispute he failed to do his duty--indeed he readily admitted to the Council in writing of such failure. Further, since the deadline the Senate set has lapsed, the Council found that the Senate failed to accomplish its constitutional duty as well.
The Council's order indicates that it became independently aware of this situation. VLEG was the first to report on this issue. Neither the Senate nor President Reilly have commented on their failures.
The order directs the Election Commission to publish the new seat distribution in the Nevada Sagebrush and in election packets immediately. As of today, the numbers on the ASUN election web page are correct, but there is no indication it is because of the Council's action. Indeed, there is no record of the order on the ASUN Web site. The order was obtained only after VLEG requested the order directly from the Council.
There is no record of the Council ever exercising this power before Wednesday. This power existed under the previous ASUN Constitution, which voters revised in 2007.
Since filing for election to the Senate closes next week, the Judicial Council's order should have no effect on the election. Experts believe that the Council decided to act now rather than after the election so as to not prejudice any candidate's chances for election.
In Re Reapportionment Order 1-20-2010
Posts
Unsigned? I guess someone didn't want to suffer the repercussions.
ReplyDeleteIt's not unusual for an order to be "per curiam," or by the court, and unsigned when it is a matter that is raised by the court itself. Don't read too much into it. Since it's a unanimous order, it really makes no difference who wrote it.
ReplyDeleteThank you, forgive my ignorance on Law and court procedures like this. :)
ReplyDelete