By-law proposal F – FORMATION OF A JUDICIARY COMMITTEE
Paragraph VII. Committees
Section 1. Formation Of
The State Chair may, with the advice and consent of the State Executive Committee, may appoint standing or temporary ad hoc committees of the party. These committees may include, but are not limited to, Constitution and By-Laws; Finance; Judiciary; Educational and Publicity; and Candidate Recruitment.
Section 2. Terms of Office
Appointed ad hoc committees members serve at the pleasure of the State Chair Executive Committee.
Section 3. Standing Committees
Subsection 3C. Judicial Committee
Subsection 3C(i). Structure
The Judicial Committee shall consist of five Party members elected at a convention of the Party by the attending delegates held in odd-numbered years. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee shall by appointment fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. A Judicial Committee member may not be a member of the Executive Committee or any other standing committee.
Subsection 3C(ii). Purpose and Scope
The Judicial Committee shall be the final body of appeal in all Party matters, subject to the provision that a decision of the Committee may be overturned by a three-quarters vote of a convention. The Judicial Committee review of a Party action or inaction shall be limited to the consistency of that action or inaction in accordance with the governing documents of the Party, including these Bylaws and documents to which they refer, with the only exceptions being Judicial Committee duties mandated by these Bylaws, and arbitration of Party contracts that explicitly call for arbitration by the Judicial Committee. At least two Judicial Committee members shall agree to hold a hearing or to consider an appeal. The Judicial Committee may choose to hold hearings in person, by teleconference, or by videoconference.
Subsection 3C(iii). Duties
The Committee Chair shall receive all appeals and petitions and schedule hearings so as to obtain a quorum of the Judicial Committee. When a hearing is requested, the Chair shall within seven days of receiving the request set a hearing date. The Judicial Committee shall provide at least ten days’ notice to each of the parties to a hearing, unless an earlier date is agreed to by the Judicial Committee and the participants. The Judicial Committee shall hold a hearing within thirty days of receiving a request, unless otherwise specified. All parties to a hearing shall have the right to represent their own interests in the manner of their own choosing. The Judicial Committee shall provide a ruling within five days of the conclusion of the hearing, unless otherwise specified. With the consent of all parties, the Judicial Committee Chair may call for written arguments and electronic ballots of the Judicial Committee, with a ruling to be provided to all parties and to the Executive Committee no later than thirty-five days following the date of the initial petition.
Reason for change:
Currently the judiciary committee is appointed by and serves at the pleasure of the chair. This means it is not an independent committee. It should be serving at the pleasure of the members.