ASUC Senate Funds Frozen by Judicial Council

Student groups looking for money from the ASUC may have to wait a couple more weeks.

In a mandate against the ASUC Senate yesterday, the Judicial Council prohibited the body from conducting any financial business until a suit questioning a controversial appointment is heard.

The injunction freezes the $3,000 senators allocated to student groups during the last meeting, and bars any appointments made after the sixth week's meeting.

Berkeley Innovation, which received money from the senate last week, said the freeze would stall the group's projects.

"It delays our ability to make a prototype and we would probably have to take the cost on ourselves," said Menzies Chen, a group member.

The Judicial Council took action after APPLE Senator Paul LaFata filed a suit against the senate last week, contending that all business conducted during the last senate meeting was constitutionally illegal.

The senate failed to appoint an attorney general to meet a constitutional deadline.

In a move to keep business open, the senate sidestepped a rule that shuts down senate activity if the appointment is not made in time. Senators reappointed last year's attorney general, Steve McCarty-Snead, without his knowledge, and waived any rules that prevented them from making the appointment.

The Judicial Council will decide whether the appointment was constitutionally legal and whether the senate had a right to waive ASUC rules.

LaFata's suit calls for a stop on business until an attorney general is "properly" appointed.

Some senators fear student groups will be disenfranchised from the ASUC if the senate cannot allocate funds.

"While our rules are super-important, student groups don't give a damn. They just want their money," said APPLE Senator Misha Leybovich.

However, LaFata contends that the senate must adhere to its laws.

"This action tells me and the campus that when convenience or individual will contrasts with the law, convenience wins," LaFata said. "That is precisely contrary to the rule of law."

Some senators hope the judicial council will uphold McCarty-Snead's appointment, because otherwise many weeks may pass before the senate can conduct business.

"Ideally it wasn't a good idea to waive the by-laws, but it was really important for us to conduct business and support our student groups," said CalSERVE Senator Bahar Khanjari. "That is what we were elected to do."

Senators have yet to make a real nomination for attorney general. But before a nomination can be discussed, it must be posted for a week and now that a senate committee has reopened the application process, it may be two weeks before a nomination is made.

The injunction also renders the recent appointments of the student advocate and a Judicial Council member void.

The earliest time the suit can be heard is next week, said Judicial Council Chair Mike Davis.

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