Judicial Branch Bylaws

As Revised February 20, 2023

1. Composition

• 1.1.  The University of Iowa Judicial Branch shall consist of the Student Judicial Court

  (SJC) and the Student Elections Commissioner (SEC).

• 1.2.  The SJC is a branch of the Undergraduate Student Government (USG).

• 1.3.  The SEC and Assistant SEC shall be selected from the undergraduate membership of SJC by the sitting SJC justices. The SEC shall continue to serve as an SJC justice throughout the duration of this appointment. The assistant SEC shall serve as the future SEC.

2. Student Judicial Court (SJC)

• 2.1. Membership
  • 2.1.1. The SJC shall comprise seven Justices. The Justices shall serve one-year terms as outlined in section 2.2 with the exception of the Assistant SEC who shall serve a 2-year term. Justices may be re-appointed for any number of terms. The seven available positions on the SJC must be filled by undergraduate students. Members of the USG Executive Branch, GPSG, or USG Senate are not eligible to serve on the SJC.
  • 2.1.2. Appointment of Justices shall be delegated to the power of the incoming and outgoing Presidents of the USG in accordance with the USG Constitution.
    • 1.2.1. Interviewing candidates for justice positions shall be within the by-laws of the Student Judicial Court, with outgoing Justices serving in an advisory capacity.
• 2.2. Terms
  • 2.2.1. Justices shall serve one-year terms comprising of seven undergraduate students. The Assistant SEC is the only Justice to maintain two years.
  • 2.2.2. Shall any Justice resign before the Senate convenes, an ad hoc committee made up of the President, Vice President, Chief Justice, and SEC to find an interim Justice until the Fall Nominations Process.
  • 2.2.3. Should any Justice resign or be removed from their position by impeachment, the remaining Justices shall work with USG leadership to find an Interim Justice for the remainder of the aforementioned Justice’s term. This Interim Justice will have all the rights and privileges of a Justice but will not be afforded a one-year term from when they join. They will instead only finish out the remainder of the previous term.
• 2.3. Qualifications
  • 2.3.1. Current and potential SJC Justices must meet the following conditions to qualify for their position.
    • 2.3.1.1. Justices shall be undergraduates in good academic standing and enrolled as a full-time student in the fall and spring semesters in accordance with the University of Iowa Registrar.
    • 2.3.1.2. Justices shall be in good non-academic standing with the Office of the Dean of Students.
    • 2.3.1.3. Justices shall read and understand the USG Constitution and the USG bylaws.
    • 2.3.1.4. Justices shall read and understand the SJC bylaws. 2.3.1.5. Justices shall uphold the anti-discrimination and harassment policy illustrated in the Justice Code of Conduct and USG Constitution.
    • 2.3.1.6. Eligibility shall be confirmed during the nominations process.
• 2.4. Chief Justice
  • 2.4.1. During the first Student Judicial Court meeting of the term, an election will be held for Chief Justice. Justices can self-nominate or be nominated by another Justice.
    • 2.4.1.1. The Chief Justice will be approved by a simple majority
  • 2.4.2. The elected officer shall act as chair and administrative officer of the SJC. The Chief Justice shall serve for one academic year.
  • 2.4.3. The elected officer will maintain regular contact with the Office of Student Life to ensure open communication with the USG advisor.
• 2.5. Impeachment
  • 2.5.1. Any member of the SJC may be impeached and removed from office if that member fails to perform their duties. Grounds for removal shall be limited to malfeasance, misfeasance, or nonfeasance of duties.
    • 2.5.1.1. Malfeasance, defined as intentional conduct that is wrongful or unlawful, or
    • 2.5.1.2. Misfeasance, defined as the incorrect, improper, or wrongful performance of a lawful act, or
    • 2.5.1.3. Nonfeasance, defined as the failure to act when a duty to act existed.
  • 2.5.2. Calls for impeachment shall be initiated by no fewer than three Justices of the Student Judicial Court and referred to the USG advisors.
  • 2.5.3. Once the impeachment process has been initiated, an impeachment trial will be held. All seven Justices will be in attendance after obtaining the approval for holding the hearing from the USG advisors. The three or more Justices responsible for initiating the process will present their side of the case against the impeached, who will then present their defense. All non-impeached parties will then hold a vote by simple majority rule as to whether the impeached will be removed from the Student Judicial Court. In the event of a tie, the vote will thus be sent to the USG advisors for their final decision. Once voted out of Student Judicial Court, an individual may not be reappointed.
• 2.6. Jurisdiction
  • 2.6.1. The SJC shall have original jurisdiction over:
    • 2.6.1.1. Interpretation of the USG Constitution, its Bylaws, and any amendments hereto.
    • 2.6.1.2. Interpretation of the Constitutions or Bylaws of the governing bodies of USG, all other Associations, Commissions, Student Organizations, and Committees.
    • 2.6.1.3. Interpretation and constitutionality of the actions of the governing bodies of USG relating to Commissions, Student Organizations, and Committees.
  • 2.6.2. The SJC shall have appellate jurisdiction over:
    • 2.6.2.1. Disputes heard by the SEC and any other adjudicating legislative body including but not limited to non-advisor USG disciplinary actions in accordance with USG bylaws.
    • 2.6.2.2. Disputes heard by other student judicial bodies.
    • 2.6.2.3. Appeals submitted by undergraduate and graduate students to the University of Iowa Parking & Transportation regarding parking violations.
  • 2.6.3. The SJC shall render advisory opinions upon the request of the President and leadership of USG, members of the USG Executive Board, or any USG Senator.
  • 2.6.4. The SJC shall render advisory opinions upon the request of any recognized student organization’s president and/or its elected student leadership.
  • 2.6.5. The SJC may hear and decide any case concerning students provided that the parties agree in writing to submit the case to the court and abide by its decision.
• 2.7.Rules and Procedures
  • 2.7.1. The SJC shall maintain rules and procedures for the conduct of fair and expeditious hearings at all times of the year. These rules and procedures shall include the following:
    • 2.7.1.1. Any member of the USG may bring a case to the SJC, subject to the provisions above.
    • 2.7.1.2. Any party to a case before the SJC may be assisted or represented by counsel at that party's expense.
  • 2.7.2. In cases involving the Executive Branch, USG Associations, Commissions, Student Organizations, or committees, the SJC shall have the power to request that the involved group represent itself in court.
• 2.8 Appeals
  • 2.8.1 Decisions of the SJC may be appealed to designated representatives of university offices or the President of the University if necessary.
• 2.9 Meetings
  • 2.9.1 A regular weekly meeting time will be agreed upon by the Justices. The Senate Liaison and the Chief Justice of SJC are required to attend USG Senate meetings. The Chief Justice is required to attend cabinet meetings. Additional SJC meetings will be at the discretion of the Chief Justice.
  • 2.9.2 Dress code for any formal function of the Court will be determined by the Chief Justice.
  • 2.9.3 All SJC members are required to attend all official meetings of the Court. Members who miss two meetings in a semester without appropriate notification of and excusal by the Chief Justice will forfeit their membership on Student Judicial Court. Appropriate notification requires an email at least 24 hours prior to the meeting, with the exception of emergencies. After the first unexcused absence, the member will receive a warning from the Chief Justice.
  • 2.9.4 No required meetings or events for SJC shall fall upon religious holidays or culturally significant days. If a Justice has a conflict with a reoccurring meeting, the Justice will receive an excused absence for such.
• 2.10 Student Parking Appeals
  • 2.10.1  SJC shall be charged with addressing parking ticket appeals of all University of Iowa Students in a manner that seeks to address reoccurring parking ticket issues.
  • 2.10.2  This committee shall work with the University’s Parking and Transportation Department and meet when docket requires it to address written parking ticket appeals and, if requested by appellant, live parking ticket appeals.
  • 2.10.3  Quorum of parking appeals review shall be set at three members at least consisting of one SJC Justice to address parking ticket appeals.
  • 2.10.4  All SJC members are required to attend at least one parking appeals meeting over the course of the academic year.
  • 2.10.5  In the summertime and over winter break, active SJC members will continue their duty to hear parking appeals with quorum set at two members. If no Justices are available, the Justice in charge of parking appeals will appoint at least one interim representative to perform this duty. This appointment will continue until any presiding Justice returns.
  • 2.10.6  If a decision cannot be made on a particular parking appeal due to the instance of a tie, the ticket will be upheld.

3. Student Election Commissioner (SEC)

• 3.1 Membership
  • 3.1.1 The SEC position is established as a promotion from the Assistant SEC. The selected individual will act as administrative officer of the USG Senate Election Procedure as defined in the University of Iowa Student Elections Code.
  • 3.1.2 The SEC serves for a total of two election years which includes one year as Assistant SEC. An SEC may only serve one term as the SEC.
  • 3.1.3 Any person excluded from SJC membership may not serve as the SEC.
• 3.2 Qualifications
  • 3.2.1  The SEC must be a member of the SJC in good standing.
  • 3.2.2  The SEC must be a registered undergraduate student in accordance with the University of Iowa Registrar.
• 3.3 Jurisdiction
  • 3.3.1 The SEC shall have jurisdiction over the following:
    • 3.3.1.1  The conduct, certification, and announcement of the results of undergraduate student referenda.
    • 3.3.1.2  The conduct, certification, and announcement of the results of any elections authorized by USG in accordance with that body’s respective bylaws.
    • 3.3.1.3  Infractions of election rules or procedures.
    • 3.3.1.4  Review of contested ballots. Further appeals then go to the rest of SJC.
    • 3.3.1.5  Development of rules and procedures to ensure fair equitable and accessible elections, including the ability of independent candidates to vie effectively with a group of candidates.
• 3.4 Election Code
  • 3.4.1 The SEC shall maintain an Election Code for conducting fair and equitable elections. The Code must be reviewed and updated every year prior to the election cycle.
• 3.5 Appeals
  • 3.5.1 The Student Judicial Court shall hear any forms of appeals that deal with the SEC and elections in accordance of SJC appeals and hearings processes.
    • 3.5.1.1 Appeals processes must be presented with all evidence in a timely manner.
    • 3.5.1.2 Appeals must hear affirmative and dissenting opinions with equity.
    • 3.5.1.3 A timely decision must be granted.

4. Student Organizations Liaison (SOL)

• 4.1 Membership
  • 4.1.1 The SOL shall be selected by the SJC from among its undergraduate members. The selected individual will act as administrative officer in assisting new student organizations in drafting their constitutions.
• Additionally, the SOL is a resource for questions and concerns for student organizations during the approval process of their respective constitutions. The SOL will also be a member of the Student Organization Review Committee (SORC).
  • 4.1.2  The SOL serves for a one-year election cycle. The sitting SJC justices may reappoint an SOL for consecutive years.
  • 4.1.3  Any person excluded from SJC membership may not serve as the SEC.
• 4.2 Qualifications

  • 4.2.1  The SOL must be a member of the SJC in good standing.

  • 4.2.2  The SOL must be a registered undergraduate student in accordance with the University of Iowa Registrar.

  • 4.2.3  The SOL must work closely and regularly with CSIL.

• 4.3 Jurisdiction
  • 4.3.1 The SOL shall have jurisdiction over the following.
    • 4.3.1.1  Order of selection of student organization constitutions to be reviewed.
    • 4.3.1.2  Management of student organization constitution submissions on the USG website.
    • 4.3.1.3  Maintenance of SOL material and services on the CSIL website.

5. Revision

• 5.1 Revision of these Bylaws can occur by a majority vote of the Justices.

6. Enactment

Be it enacted by the Student Judicial Court upon the signature of the Student Justices.