So-called “activist” judges legislate from the bench. They have been credited with establishing the Miranda rights, legalizing gay marriage in Massachusetts, and creating the constitutional right to privacy. UCSD’s A.S. Judicial Board — the little-known and seldom-used judicial branch of our undergraduate student government — has similarly far-reaching power over matters regarding the A.S. Council. Within UCSD, the power exercised by this activist board can benefit the average student more than most may realize.
The A.S. Judicial Board has heard as many cases in the last four weeks as it has in the previous two years. Its recent verdicts, decided through hearings between registered student organizations and Associated Students, have been reasonable and just. In each case, the judicial board enforced a fair compromise between the two parties. In both cases, the student organization emerged a little better off than it would have been if it had not taken Associated Students to trial.
The A.S. Council suspected Future and Finances Club President Bryan Barton of profiting from the use of A.S. funds to publish the Student Job Guide, and subsequently removed funding from his publication — reversing their earlier decision to fund it. A disgruntled Barton filed a complaint with the judicial board, which ruled in his favor — with a set of conditions that included dictating future content of the Student Job Guide and establishing new rules for advertising in the publication. Although the conditions were restrictive, the Future and Finances Club at least has the chance to comply and receive its funds: Had they continued to lobby an unresponsive A.S. Council, the club would most likely have completely lost out.
The second case involved the DJs and Vinylphiles Club’s exclusion from performing at the A.S.-sponsored spring all-campus dance. A strong chance of rain had convinced the dance organizers to scale back the event and move the dance from Price Center Plaza into the ballroom. Although the board’s decision favored Associated Students, it did ask the student government to write a letter of apology and to draft new legislation to address inclement weather conditions. The DVC didn’t get its full-page Guardian ad funded as it had hoped for, but an apology is better than nothing.
These same opportunities for redressing grievances are available to all students and all student organizations. Any undergraduate can file a complaint with the judicial board, asking that any action of the A.S. Council be declared a violation of the A.S. Constitution or bylaws, be it a resolution, the Master Space Agreement with the co-ops, a political rally or appointments of representatives to committees.
The judicial board’s power extends even beyond constitution or bylaw violations to cover any “inappropriate” action taken by the student government. For example, in its written opinion from the Future and Finances Club case, the board glossed over any constitutional justification for its ruling, and instead focused on logic and fairness.
When the A.S. Council becomes too insular or political, caring more about its own internal politics than the good of the students, undergraduates can seek relief from the judicial board. The A.S. Judicial Board was not elected through slate politics, and its members are not indebted to special interest groups for their positions. They are a branch of the student government with authority equivalent to that of the A.S. Council — and an important check on the council’s power. A.S. Judicial Board violation forms can be obtained from the A.S. executive assistant on the third floor of Price Center.
