ASUC May See Change After Controversy

The ASUC may have some big changes in store this fall after a summer squabble brought numerous legal and procedural shortcomings to light.

After what some say was the most extreme conflict to come before the Judicial Council in years, the ASUC faces the challenge of reforming to avoid similar fiascos in the future.

The idea concerns many who prioritize preserving the system of checks and balances that exists among the three branches of the student government.

However, some point to the series of trials, executive orders and appeals that took place this summer as evidence that the checks and balances are not working the way they should be.

"It was literally a coup d'etat of the ASUC," said former Judicial Council chair Robert Gregg, referring to an executive order that installed the then-disqualified Student Action executives until fall. "It was single-handedly the most unconstitutional action I've ever seen in the ASUC."

But according to former ASUC President Manny Buenrostro, a desire to maintain institutional balance led him to issue two executive orders attempting to resolve the disqualification dispute until the senate could meet in the fall.

"Usually the senate is a check against the judicial council, but during the summer there is no senate," Buenrostro said.

As the association gears up for the new year, members said only one thing is clear: that something should, and most likely will be done to ensure that the government runs smoothly during next year's elections season.

Most agree that revision and clarification of the bylaws is not only long overdue, but imminent in the coming year.

The bylaws serve as a supplement to the constitution in setting forth rules and regulations that members of the ASUC and candidates running for office must follow.

The document is traditionally reviewed and usually updated on a yearly basis. But last year the bylaws were not updated, said current Judicial Council chair Sonya Banerjee.

"All the ASUC laws are a little bit vague and really need to be cleared up," Banerjee said.

Incoming president Oren Gabriel agrees, but said he thinks the aim of clearing up the bylaws should be to maintain an effective balance between the branches of the government.

"There are certainly things that are unclear and I think that should be checked so that the Judicial Council should have to follow the bylaws, the constitution, and their own rules of procedure," he said.

But others fear the senate's ability to pass rules and amend the bylaws could be used to render the Judicial Council ineffective as a regulative body.

"The judicial council has autonomy over its own procedure but I certainly do fear for the legitimacy of the bylaws," Gregg said. "The senate can't stop the council from enforcing the rules, but they can make the rules themselves."

Some say it may take more than reforming the bylaws to maintain balance within the association.

"I'm not saying the Judicial Council should overstep its bounds, but what I am saying is that it should step up and fill the bounds that have been set," said Ben Narodick, a former SQUELCH! senator and runner-up for executive vice president.

However, the Judicial Council can only regulate the members of the association if someone brings forth charges challenging an action.

"The judicial council is not a proactive body in the association," Gregg explained. "They can only respond to actions that are brought to their attention in the form of charge sheets."

Therefore, the ability of the council to play a judiciary role is also dependent on students and the attorney general, who is appointed by the ASUC president, bringing illegal actions to its attention.

Banerjee said she is hopeful the potential for the events of the summer to raise general awareness of the ASUC on campus will motivate the association to settle its internal struggles.

"I see the events having an effect on the association in the coming year, but hopefully it will be a positive one," Banerjee said.

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