aggienaut: (gavel)


   The Case 34, Savaree-Ruess vs. Carnes et Al, Hearing has been postponed until Wednesday next week pursuant to a motion by the Defence.

   I stopped by the Student Government Administrative Office (SGAO) today and found Plaintiff Savaree-Ruess, Defence Counsel Powers, Associate Defence Counsel Harms and ASUCD Advisor Tucker all hanging out. Ruess said that his team (which includes Defence Counsel Greg "Big City Lawyer" Russel) is already working on one-liners to use during the Hearing. Powers vowed to be equally prepared for the battle of wits.
   Powers has also created an "ASUCD Legal Defence Team" facebook group. Clearly, the legal armsrace is on!

   Anyway, during my twenty hours of driving this past week, as I said I had altogether too much time to ponder the deep questions in life ... such as how to make ASUCD even better! I came up with two brilliant insights:


Deliberate Oral Exams
   The actual reason I was lurking around the third floor was to pitch this idea to Tucker.
   Basically, I was pondering how the interviewing process for prospective justices could be made to better highlight the skills one wants justices to be selected based upon. The normal interview process only works if the interviewers ask brilliantly insightful questions, and even then they might get at the mentality of the Justice, which is important, but it leaves utterly no guidance as to whether tehy will be an involved and effective Justice.
   Now the way the US State Department examines prospective foreign service officers is, after making an initial cut in written exams, they put a dozen or so applicants in a room ... and have them fight to the death! Not really but they make them work on some theoretical project in which they'll need to compromise and work together.
   And so I was thinking, what if we get the judicial applicants together in groups of nine provide them with a hypothetical case, and watch them deliberate! The people currently mandated to be on the interviewing committee observe these deliberations and can then make selections on a basis of effectiveness, insightfulness, judicial mentality, and all kinds of other relevant informations!

   I pitched it to Tucker and he thought it was a great idea and could even be implimented for the interviews that are coming up asap. He's still got to pitch it to President Holloway though, who as chair of the interviewing committee is the one who decides. But I'm very excited about it. Time to rustle up a case.

   And hey take note UC Merced, I know you've been stalled for weeks on the judicial interview process!


Fully-Automatic Recall
   Currently, at universities nationwide, there is a problem with elections. That being, that (1) if a candidate gets disqualified, they very frequently sue anyone and everyone until the right people roll over and let them take office, since no one but the candidate themselves cares about it enough to go to court over it; and (2) the candidate invariably cites a misguided interpretation of "democracy" or "will of the people" to support their position. It has been of little avail to advise them that its not "will of the people" if they had an unfair opportunity to influence "the people" or "the people" didn't know critical information about their character. But I came up with a solution that utterly resolves both these problems.
   Keep the system of "campaign violations" or "censures" which are given in various amounts for various severities of violations. BUT where currently a certain number mandate disqualification (three in ASUCD, five at Berkeley I believe), replace disqualification with automatic recall. Basically, the candidate still gets elected into office, but a recall election is immediately scheduled for them the following week.
   In this matter, it can be conclusively determined whether "the People" would overlook their indiscretions, and I can't imagine a lawsuit overcoming this second voicing of the "will of the people."

aggienaut: (asucd)

   I'm sitting in the ASUCD Senate meeting at the moment. So far "today" I've been in Senate meetings for 7.5 hours, and going strong! About an hour ago I made my farewell speech here. I'll try to recreate it as best I can in a subsequent LJ entry.

   Anyway, I was at the impeachment hearing for ASUC Berkeley Chief Justice Banerjee last night, which went until 5:48am.
   I think the whole thing is really summed up by an event that happened towards the beginning. After going back and forth a bit, and then consulting with the chairperson, it was announced that both the Defence & Prosecution had agreed that one of the charges should be dropped. This still had to be approved by a vote of the Senate however. Despite the fact that both parties agreed that the charge should be dropped, a sizable portion of the Senate STILL voted against dropping it. Clearly, some people weren't concerned with any sense of justice.
   Ironically, of the two witnesses the Prosecution called up, one had been convicted of perjury by the Judicial Council last year, and one had been prominantly noted as being a totally evasive witness in a case last year. So you have a perjuror & an evasive witness testifying against the Chief Justice ... needless to say the perjuror (from some analyses I've seen since), was in fact misleading in his answers if not outright lying again, and the evasive witness definitely demonstrated her skills at evasion.
   And incidently, the Judicial Rules of Procedure, which the Senate is to follow during impeachment hearings, clearly state that someone convicted of perjury cannot testify in future cases (unless both sides agree, which they didn't here). The chairman misunderstood the purpose of this rule and said that the perjuror "was only banned from Judicial Council, but THIS is Senate" (paraphrased), but the point of course isn't that the Council doesn't want to see him anymore, but that he's clearly an unreliable witness!!

   Anyway, not to be morbid by saying I enjoyed it, but I found it very interesting. I especially enjoyed meeting all their justices in person. The justices that were assisting in Banerjees defense welcomed me onto their team as if I was one of their own and I greatly enjoyed getting a chance to work with them so closely.

   Anyway, there was no doubt that Banerjee destroyed the case against her. The Prosecution during their closing arguments even said something along the lines of "so, yeah we're obviously not lawyers, and we probably didn't do a very good job presenting our case, but believe us she should be impeached!!" and this was echoed by some pro-impeachment senators during deliberations (which fortunately were open, after some implication in the past few days that it might have been closed), who even went so far as to say the impeachment trial was "unfair" because Chief Justice Banerjee had an unfair advantage in actually knowing the judicial procedures and being lawyerly.
   Don't get me wrong, I went with an open mind that maybe there were salient charges against Banerjee. And a few times it sounded like the prosecution was onto something ... until the defense devastatingly showed how misleading the nuanced account just given by the Prosecution was. In the end, I can't think of a single charge that had any weight left in it, but the final vote was 12 in favour of impeachment, 8 against. Since a two-thirds majority was required to carry the removal, it failed.

   Additionally I'd like to thank Brent Laabs & Laabs' Friend for driving, and our Justice Coady, as well as IAC's Max Mikalonis for coming along and staying till the bitter end with me. It was also nice to meet bloggist Beetlebeat and (one of?) the Calstuff bloggers. Someone I met was very enthusiastic to meet "the Emosnail blogger," which made me feel kind of famous. (= I'd also like to note that I was particularly pleased with Squelch! Senator Wasserman's performance.

Miscellenea: The ASUC Berkeley Senators have brass placards! We all have cardboard ones here. Their justices don't have placards at all. Also, the mythical "point of clarification" used by Senate up here (which allows you to say whatever you want whenever you want) is mirrored by "points of personal priviledge" down there (which as intended by Robert's Rules are for random things like "I can't hear the speaker" or "its too cold in here"). ASUCB: get your justices placards and clamp down on these points of personal priviledge. ASUCD: lets all get brass placards. Especially the Court since we'll all be using them for years. (=


Quotes
   Banerjee: "Objection!," Chair: "There's no grounds for an objection here, what he said doesn't even make sense!!"
   Prosecutor "Objection, Leading!" Chair: "She hasn't asked anything yet!"


Related

   Reporting Live - Berkeley student paper Daily Cal actually publishes an article on the impeachment while the impeachment is still ongoing.
   Official Newspaper Article - The Daily Cal reports. Also notice how short their URLs are compared to the long ugly Cal Aggie URLs.
   Beetlebeat Long Version - account of the impeachment
   Beetlebeat Short Version
   People for the Ethical Treatment of Sonya Banerjee - Facebook group
   [I'm sure a number of people will blog about the events, please bring these entries to my attention for linking]

aggienaut: (helicopters)

Unexcused Behaviour
   Tuesday's opinion section in the Cal Aggie had some lulz, with a guest opinion from Kai saying the Aggie blew the altercation out of proportion on one side, and an editorial from the Aggie editorial board saying Kai's behaviour was totally inappropriate ("Juvenile Behaviour Unacceptable" specifically) on the other side.
   Incidently, if Kai's editorial was supposed to be the apology he promised the Aggie he'd make, I'm not sure he ever got around to saying he was sorry. I can't double check, because for some reason it isn't on the webpage anymore, but from my recollection it was much more of a justification of his actions and an attack against all who would say otherwise than anything resembling an apology. At the very least, it smacked of attrition (regret that one was caught or punished) rather than contrition (regret because one realizes ones actions were wrong).


Court Today
   Anyway, two Court cases were filed on Monday morning. They have been designated Case 33 & Case 34. But I don't like people to get all in a dither over the very act of filing a case so I'm not going to go into any further detail on the cases until we've decided whether to accept them or not.
   Agenda for tonight's Court meeting (8pm, ASUCD Conference Rm) includes, provisionally in this order: Case 33, Case 34, Judicial Proposal 7, Other Proposal 1*, fieldtrip to Berkeley right after our meeting?, election of an Inter-Collegiate Judicial Federation Liaison, & Judicial Directive 13.
   *OP1 = the proposed change of Senate agenda item "announcement of new ASUCD Court cases and reading of prior week’s verdict(s)" to "announcement of new ASUCD Court cases and reading of prior week’s verdict(s) and Court announcements." Personally I think as long as we don't have "Controller Report & announcement of any new financial decisions" on the agenda we shouldn't have a sentence telling us exactly what to tell the Senate either. But since Internal Affairs Commission Chairman Rivera's question to me about that was only rhetorical he didn't want to hear that from me I guess, jerk. (=
   Tomorrow at Senate I will be making my farewell speech, and the Senate will be discussing JP7 & OP1 (which will both be assigned an SB# by then).

   In other news, the impeachment of Chief Justice Banerjee is scheduled for tonight down in Berkeley. As I mentioned, a bunch of us are thinking about going down. I'd like to laud Beetlebeat's excellent coverage of their Senate's antics: Vice President Gupta claims Senate can use powers constitution reserves for Court; Former Defendant Gupta Denies Conflict of Interest in Chairing Impeachment

In Other News
   After extensive research and testing, I have determined that any kind of soup tastes better with graded cheese added, and the vast majority of them also benefit from the addition of sour cream.
   On that note, my food selection has improved. When I was first released from the dorms to become a feral undergraduate student, I lived on ramen and macaroni & cheese. After like two years of that I settled on a steady diet of salami-sandwiches. Lately, however, I've been getting a selection of canned soups, & chili. Also some hot dogs which I cook in the toaster oven (boiled hotdogs are kind of a travesty). And most shocking of all, I got a big back of lettuce & some italian dressing last time I was at the store and have been devouring salad with my dinner! So long scurvy!!


Picture of the Day

   This is one of my favourite pictures. Its not recent, and in fact its buried deep in the 1,069 pictures I have on flickr now. And so, so that thtose pictures I consider "must sees" are easily accessible, I made a album of just my favourite of my pictures. And so, you should check it out asap


   Oh and there's an ASUCD election on at the moment. Vote at asucd.ucdavis.edu.

aggienaut: (gavel)

Impeachment of Chief Justice Banerjee
   Last Wednesday we (the ASUCD Supreme Court) had a joint meeting with the ASUCD Elections Committee (don't tell Kristen Birdsall!!*), which also involved pizza thanks to our $33 budget this quarter. Also in attendance was the Academic Affairs Commission Chair Peter Markevich, and Executive Office Events Coordinator Kevin Powers. Next week we are tossing around the idea of having a joint meeting in Berkeley with the ASUC Berkeley Supreme Court (Judicial Council). Incidently, whats up with their name -- the members are Justices, but the presiding officer is the "Judicial Council Chair." For the sake of consistency, they will be referred to as Chief Justice usually here however.

   On that note, the Berkeley Chief Justice has been called before the ASUC Senate for impeachment! This is basically a reprisal against the Judicial Council for enforcing the rules during the Oren Gabriel Scandal we'd noted earlier. An intelligent and concise overview of the charges can be found here (as opposed to the newspaper "overview," which as is so often the case, suffers from an authority bias (towards what the senate says) and a lack of critical thinking in connecting the dots). The impeachment is scheduled for next Wednesday at 10pm. I'm interested in going down there for it, and so far several of our justices have also expressed an interest in doing so. It looks like we might even make quorum down there. How saucy would that be to hold a meeting down there during their senate meeting? (=


Impeachment of Comptroller Savaree-Ruess
   In other news, an impeachment hearing took place for ASUCD Comptroller Kai Savaree-Ruess (pictured, right), whom you may recall as the guy who was pushing for the elimination of the judicial branch last year.
   Savaree initially affiliated himself with the "Focus" campus political party, but after an unsuccessful Senate run, changed his affiliation to Lead and did so convincingly enough to be given the position of Comptroller by the Lead executive office. However, as of late, he has taken to prominantly wearing the mustard colour Focus shirts again and being seen ubiquitously with prominant Focite politician Chris Harold.
   Cause of Action for this impeachment has been generally cited as two things:
   (1) an incident a few days prior when Savaree was spotted wearing the catsup colour of the Lead party. When asked sarcastically if he was "supporting his party" he allegedly responded "I'd rather kill babies with my bare hands than allow any more Lead kids [in ASUCD];"
   (2) Allegedly, during the Candidates Forum in the Coffee House on Wednesday, he was seen laughing while a Lead candidate spoke about LGBT issues. After the forum, allegedly, the candidate came up to Kai and shook his hand, while asking "so Kai, you find something funny about LGBT issues?" At which point, allegedly, Kai pulled his hand away and yelled to Leadite President Darnell Holloway "HEY, get your kid away from me before I punch him!" Allegedly.
   An impeachment was scheduled for the very next day (This last Thursday). The impeachment closed session took more than two hours, after which Kai emerged and made some vague references like (someone) "so are you still controller?" (Kai) "for now." To note all the noteworthy things that occured durign this time would warrant an entry all its own, and that just might occur, but I thought one of the funniest things was when a Point of Order was made from the hallway during closed session, by writing it on a piece of paper, sliding it under teh door, and then knocking. It was asking if the session could be open now that the witness who had requested it closed had departed. It was answered by Senator Higgens opening the door real quick and telling us "no!" and closing it again.

   Reportedly, there is now "a race on who can send the first ASUCD Court lawsuit" regarding the closed session. I just hope THIS time the Recorder isn't forced to flee the country and/or doesn't wind up hanging in a closet in Sproul! )= They should be assigned an ASUCD Bodyguard.


Indictment of Mr Lubanga Dyilo, Alleged Congolese War Criminal
   Also on Thursday, the International Criminal Court had their first hearing ever, on the confirmation of charges for Mr Lubanga Dyilo.

aggienaut: (dictator kris)

   As before, I'm having the Vice Chiefs pretty much run things. At today's meeting: Justice Aguilera: "Hey how are you?" Me: "I don't have my laptop, I don't have an agenda, I don't have anything, its great not having to stress about that anymore!" ... a few minutes later Vice Chief Wheat comes in and asks me how I'm doing as well "I have no idea what we're going to talk about today, I'm not stressing about any of it.. I feel like I should be wearing a hawaiian shirt!" ... a few minutes later after some fidgeting "okay guys it actually freaks me the hell out, & thats why I keep talking about it!!"
   Mainly Ratto v Vakil )




   Anyway, so the Mock Election is still on. Vote if you have not yet. The Judicial Dictatorship in ASUCD! party is recommending you vote Kris Fricke #1, Mark Champagne #2, Brent Laabs #3, & Paul "Will never be forgiven for putting five justices off at an IAC meeting until the very very end, after a ten minute 'icecream break'" Harms #11.


   In other ASUCD news, a prominant Lead senator, Jon Sanders, has defected from the Lead party and declared himself independant. Lead senator Christine Rogers called for a closed session to discuss removing Sanders from the position of Senate President Pro Tempore immediately after his announcement, though she says it is unrelated.


Quote of the Day
[00:11:28] Darth Laabs: the problem is that everyone running in this election is more qualified to be a senator than anyone on the current senate
[00:11:36] Darth Laabs: except Kai
[Kai being a candidate]


Picture of the Day
totally unrelated to the Court Meeting
A close up of my Clockwork Orange makeup Tuesday, because I thought it was novel.

aggienaut: (Default)
ASUC Berkeley President Seeks Legal Fees for Case Against ASUC Court

   Basically, it looks like the Supreme Court of ASUC Berkeley found the president-elect to have become disqualified. President-elect Oren Gabriel then sued the ASUC Judicial Council (their Court) in the local Superior Court. The Superior Court judge summarily dismissed the case because all internal ASUC avenues of resolution had not been exhausted -- there was still an appeal pending before the Judicial Council -- but not before Gabriel managed to incur $22,679 in legal fees.

   The President's party with allied parties "UNITE Greek" & "APPLE Engineering"1 control 14 of 20 senators, and have authored a bill to reimburse the president for his legal fees. Opponents, including opposition party CalSERVE, argue that since the legal action was unnecessary, it is unfair to use student fees to support it.

1Apparently they've discovered the secret that if you make your name an acronym it'll keep getting typed up in all-caps, not that anyone here in ASUCD or at EMOSNAIL would ever stoop to that


   In a recent debate in ASUCD about a bill to reduce spending limits for ASUCD campaigns, someone commented "I really don't know why people even spend $250 to get elected." Well, apparently, some people are willing to spend $22,679 for equivalent positions.
   I think he should not only not get reimbursed, he should have to record the expense as a campaign expenditure. (=


In Other News the ASUCD Senate voted 1-11-0 today NOT to pay the increased fee UCSA wanted from us. It is believed by many that UCSA will consequently deny our right to vote in their governance and we will therefore secede.


Picture of the Day


ASUCD Senator Jonathon "Tiny" Sanders demonstrates his technique for tabling for Prop 89

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