The following is an example of the notification the ASUCD Court sends to the Parties once a case is accepted.
TO: The Case # 24 Plaintiff, Michael Siminitus; the case # 25 Plaintiff, Jonathon Leathers; the Case # 24 Defendants: ASUCD Business Manager Mark Champagne, Alex Park (on behalf of Creative Media), ASUCD Government Advisor Vicki Swett; the Case # 25 Defendants: Alex Park (on behalf of Creative Media), ASUCD Government Advisor Vicki Swett; Members of the Student Court; and the California Aggie newspaper.
The Student Court on 04/07/04 accepted by unanimous vote of the Court Members present Student Court Case # 24: Michael Siminitus vs Vicki Swett et al., and Case # 25: Jonathon Leathers vs Vicki Swett et al. Case # 24 shall be heard at 8:00pm, Wednesday, 04/14/04, in the Fielder room of the Memorial Union. Case # 25 shall be heard at 8:00pm, Wednesday, 04/21/04, in the De Carli room of the Memorial Union. Chairman Fricke shall not sit on case # 24.
Evidence may be filed up until two days previous to the hearing for the plaintiffs, and one day previous for the defendants.
Please file your briefs and evidence with SGAO by the aforementioned deadline. Please attach a cover-sheet or otherwise clearly identify the materials as to which party it is being filed on behalf of, and what case it pertains to (Case # 24 or 25).
This email satisfies all the requirements of information we are required to inform you of, so I recommend you retain a copy of it. "Advanced Public Notice" shall also be made effective in this notification.
Judicial Code Five outlines the "duties and rights of plaintiffs and defendants." I shall here summarize it for you. You may yourselves get a copy of the Judicial Codes from SGAO.
Both parties shall be represented by Council. Council may be the parties themselves or another member of ASUCD. Council shall present the party's case and act as spokesperson during the hearing. Both parties may also be accompanied by an adviser who is not a member of ASUCD, but the adviser may not take direct part in the hearing. (Section 502-3)
Either party may request a pre-hearing, at which the format of the hearing may be discussed, the Defendant may request a closed hearing, or either party may challenge the impartiality of one or more of the Court Members.
Both parties are responsible for filing the following documents:
(A) A list of witnesses to be called at the hearing and the general facts to which each witness will testify.
(B) A written brief in which counsel outlines the following:
(a) the facts of the party's case;
(b) the evidence to be presented at the hearing;
(c) the arguments that counsel plans to present during oral form at the hearing. (Section 501-1)
The Plaintiff must submit these documents to SGAO at least two academic days prior to a scheduled hearing or pre-hearing. The Defendant must do so at least one day prior. If a Party wishes to challenge the impartiality of a Court Member, they must submit a list of witnesses to be called on regarding that as well. (Section 501-4)
Both parties have the right to "discovery of evidence;" they are entitled to request and receive all documentary evidence filed by the opposing party. (Section 502-1G)
At the Hearing both parties "will have the opportunity to present argument in oral and documentary form and call witnesses to testify in accordance with Judicial Standing Rule Nine." (Section 502-1F)
"Each Defendant shall be entitled to appear and participate fully, in all aspects of the proceeding and in equal capacity with every other Defendant throughout the entire hearing. A Defendant or may elect not to appear, and such a failure to appear shall not be construed as evidence of fault or culpability." (Section 502-1K, SIC)
You are entitled to know the current Members of the Court (Section 502-1H). They are at this time: Kris Fricke (Chairman), Anthony Middleton (Alternate Presiding Member), Jeremy Johnson, Katie Konz, Hafez Shahabi, Connie Zheng. Case # 24 will be presided over by Anthony Middleton as Chairman Fricke shall be absent.
As regards Case # 24: ["Users/MikeSiminitus Michael Siminitus] alleges that Vicki Swett et al violated the ASUCD Constitution Article II section 5, and Article III section 3.2 by not providing election results in a manner feasible to public analysis.
As regards Case # 25: Jonathon Leathers alleges that Vicki Swett et al violated 2003 Senate Bill # 48 by failing to put the documents online as called for in the Bill.
Section 502-1L - The Burden of proof lies on the Plaintiff. The Defendants are innocent until proven guilty in Court.
Section 502-1 requires that I inform the parties of all these things.
Let me reiterate that Plaintiff documents are due Thursday (04/12/04), and Defendant documents on Friday (04/13/04) for Case # 24, and 04/19/04 and 04/20/04 for Case $ 25, respectively. If you have any further questions or official requests feel free to submit them to me.
Chairman, Student Court
The Chairman would like to remind everyone involved not to take personal insult from the Court's operations. The existence of a complaint does not reflect any personal motives of the Court Members, and though we shall do our utmost to see Justice through to its completion it is by no means out of a desire to inconvenience any of the Parties.
This email is intellectual property of Chairman Fricke. Its unaltered reproduction is authorized as public information. Alteration of this email is strictly forbidden. All rights reserved.