Article IV: Judicial Branch

 

Section 1: Composition

The Judicial Branch of the Government shall be comprised of the Governor's Program Courts, the Office of the Prosecution, and the Office of the Defense.

 

Section 2: Governor's Program Courts

The Judicial Power shall be vested in an Appellate Court, a Student Court, and in such courts inferior to the Student Court as the Legislature may from time to time establish.

 

Section 3: Student Court--Composition, Jurisdiction, Duties

1. The Student Court shall be composed of a Chief Justice and two Associate Justices who shall assume and hold their offices as provided elsewhere herein. The Student Court shall have original jurisdiction over the following cases and controversies: (1) violations of the Code of Student Behavior referred to it by the Director or over which it shall have jurisdiction as provided by law; (2) Civil suits brought by one student against another; (3) Civil suits brought by a non-student against a student and, with the consent of the non-student, by a student against a non-student; (4) actions brought by any affected student or faculty member to declare an act of the legislature unconstitutional; (5) other matters as provided by Law.

2. The Student Court shall have Appellate Jurisdiction over cases and controversies decided in courts inferior to the Student Court which may be established by the Legislature, pursuant to rules and procedures determined by the Legislature, and provided that the Legislature explicitly vests such appellate jurisdiction in the Student Court. If the Legislature does not so vest jurisdiction, than Appellate Jurisdiction over such cases and controversies shall lie in the Appellate Court.

3. The Justices of the Student Court shall together hear all proceedings conducted in the Student Court, which proceedings shall be presided over by the Chief Justice. Each Justice shall have one vote. All Judgments and Decisions of the Student Court shall be by majority vote and shall be issued in writing, signed by the Justices subscribing thereto. A Justice voting in the minority may author and file a dissenting opinion which shall be in writing and be signed by him.

4. The Chief Justice may, by written Order, assign pretrial motions and other preliminary matters to be heard by himself or by an Associate Justice sitting alone. The Chief Justice may, by written Order, designate a Associate Justice to preside over any proceedings before the Student Court, in which event the Chief Justice shall hear the matter as an Acting Associate Justice.

5. The Legislature may provide for recusation of any Justice of the Student Court who is a party or who otherwise has an interest in proceedings before the Court. Should the Legislature not so provide, any recusations or motions for recusation of a Justice of the Student Court shall be dealt with by the Chief Justice of the Appellate Court.

6. The Chief Justice may appoint such sergeants at arms, and other support personnel as are necessary to carry out the Court's business.

 

Section 4: Appellate Court--Composition, Jurisdiction, Scope of Review, Duties, Attorneys

1. The Appellate Court shall be composed of a Chief Justice and four Associate Justices. The Director shall appoint a Chief Justice from the faculty or staff (and may appoint himself), two Associate Justices from the faculty, and two Associate Justices from the Student Body. The Chief Justice shall preside over all proceedings of the Appellate Court but shall vote only in event of a tie.

2. The Appellate Court shall have jurisdiction over: (1) appeals from the Student Court; (2) appeals from the rulings of such other inferior courts and tribunals as the Legislature may from time to time establish, unless jurisdiction over such matters is explicitly vested in the Student Court; (3) other matters as provided by Act of the Legislature.

3. The Appellate Court shall also have discretionary jurisdiction to review cases decided by the Student Court pursuant to the Student Court's appellate jurisdiction. The Appellate Court may exercise this jurisdiction on its own motion or on application of any party to the case, provided that no such jurisdiction shall be exercised without the consent of at least two Justices of the Appellate Court.

4. The Appellate Court shall review de novo all facts and law adduced in the court of original jurisdiction, and may take additional evidence at its discretion.

5. The Justices of the Appellate Court shall together hear all proceedings conducted in the Appellate Court, which proceedings shall be presided over by the Chief Justice. Each Justice shall have one vote. All Judgments and Decisions of the Appellate Court shall be by majority vote and shall be issued in writing, signed by the Justices subscribing thereto. A Justice or Justices voting in the minority may author and file a dissenting opinion or opinions which shall be in writing and be signed by the dissenter(s).

6. The Chief Justice may, by written Order, assign pretrial motions and other preliminary matters to be heard by himself or by an Associate Justice sitting alone. The Chief Justice may, by written Order, designate a Associate Justice to preside over any proceedings before the Appellate Court, in which event the Chief Justice shall hear the matter as an Acting Associate Justice.

7. The Legislature may provide for recusation of any Justice of the Appellate Court who is a party or who otherwise has an interest in proceedings before the Court. Should the Legislature not so provide, any recusations or motions for recusation of a Justice of the Appellate Court shall be dealt with by the Director. If the Director is serving as the Chief Justice of the Appellate Court, he may not be recused save on his own motion.

8. The Chief Justice may appoint such clerks, sergeants at arms, and other support personnel necessary to carry out the Court's business.

9. The Chief Justice may direct that matters before the Court of Appeal be presented by the Office of the Prosecution and the Office of the Defense, or by such other students, faculty, or other persons as he may choose with due regard for a student's right to appoint counsel of his choice under the Constitutions of the United States and of the State of Louisiana.

 

Section 5: Office of the Prosecution

1. The Office of the Prosecution shall consist of a Prosecuting Attorney and an Assistant Prosecuting Attorney, elected as provided below.

2. In all disciplinary proceedings in the Student Court, under the Code of Student Behavior or otherwise, the Office of the Prosecution shall present the case against the student. In any proceeding in the Student Court in which the constitutionality or validity of any Act of the Legislature or other official action of the Government is at issue, including disciplinary proceedings where the invalidity or unconstitutionality of any such Act or official action is raised as a defense, the Office of the Prosecution shall defend the constitutionality or validity of such Act or official action. In any civil action in which the Plaintiff has not procured other counsel as provided below, the Office of the Prosecution shall represent the Plaintiff.

3. In all matters in which the Office of the Prosecution shall represent any party, the Prosecuting Attorney shall be lead counsel and the Assistant Prosecuting Attorney shall assist him and work under his supervision. During any court proceedings, the Assistant Prosecuting Attorney shall examine witnesses, raise objections, and argue to the court only with expressed permission of the Prosecuting Attorney.

 

Section 6: Office of the Defense

1. The Office of the Defense shall consist of a Defending Attorney and an Assistant Defending Attorney, elected as provided below.

2. In all disciplinary proceedings in the Student Court, under the Code of Student Behavior or otherwise, the Office of the Defense shall present the case for the student, unless the student shall have procured other counsel as provided below. In any proceeding in the Student Court in which the constitutionality or validity of any Act of the Legislature or other official action of the Government is at issue, including disciplinary proceedings where the invalidity or unconstitutionality of any such Act or official action is raised as a defense, the Office of the Defense shall attack the constitutionality or validity of such Act or official action. In any civil action in which the Defendant has not procured other counsel as provided below, the Office of the Prosecution shall represent the Defendant.

3. In all matters in which the Office of the Defense shall represent any party, the Defending Attorney shall be lead counsel and the Assistant Defending Attorney shall assist him and work under his supervision. During any court proceedings, the Assistant Defending Attorney shall examine witnesses, raise objections, and argue to the court only with expressed permission of the Defending Attorney.

 

Section 7: Right to Alternative Counsel

1. In judicial proceeding, a student shall have the right to decline representation by the elected student attorneys and may be represented by alternative counsel as provided herein.

2. A student desiring alternative counsel must provide prompt written notice to the Chief Justice of the Court in which the legal proceedings are pending, which notice shall state the name and status (student, faculty, parent, other) of such counsel.

3. If the proffered alternative counsel is a student, the Chief Justice of the Court in which the legal proceedings are pending may require such student to pass an oral or written examination on GPGC law.

4. If the proffered alternative counsel is a faculty or staff member, the Chief Justice of the Court in which the legal proceedings are pending may appoint a faculty or staff member to assist the student attorneys opposing such faculty or staff member or to take over conduct of the case. If the proffered alternative counsel is an adult who is not a member of the GPGC faculty or staff, the Director may remove the action to the Appellate Court or to such other tribunal as the Director may specify, including a tribunal constituted by the Director specifically for the purpose of trying that action.

 

Section 8: Qualifications, Election, Appointment, and Terms of Student Members

1. The Chief Justice and Associate Justices of the Student Court, the Student Justices of the Appellate Court, the Prosecuting Attorney, and the Defending Attorney must all be full time students of at least second year standing. The Assistant Prosecuting Attorney and the Assistant Defense Attorney must be full time students and may be of first year standing only. The Faculty Justices of the Court of Appeals must be members of the GPGC teaching faculty or dormitory staff.

2. Nominations for the three Justices of the Student Court, the members of the Office of the Prosecution, and the Members of the Office of the Defense shall be by Petition. Each Petition must be signed by not less than ten percent of the voting student body endorsing the petitioner for office. Each Petition must be presented to the Election Officer. The Election shall hold a Secret Ballot Election according to the law. The winner shall be determined by a majority of the votes coast by the student body. In case no candidate for a given position receives a majority of the votes at the election, a run-off election will be held the following day. In the run-off election, the smallest number of candidates whose votes total a majority of the votes cast shall compete.

3. The Chief Justice of the Student Court shall be appointed by the President, with a majority vote of the House of Representatives, from the Justices of the Student Court elected by the students. The Chief Justice and Associate Justices shall serve for so long as they are full time students. When the office of Chief Justice becomes vacant, the President shall appoint a new Chief Justice from any Associate Justice(s) elected in previous years or from any newly elected Justice(s) with a majority vote of the House of Representatives.

4. Once elected to the Position of Justice of the Student Court, a student may neither run for nor hold any office in the Government, even if he should resign the office of Justice. Notwithstanding the foregoing provision, a present or former Justice of the Student Court or a present or former Student Justice of the Appellate Court may serve as Election Officer and may hold that position while serving as Justice.

5. Justices of the Appellate Court and members of the Office of the Prosecution and of the Office of Defense shall serve for a term of one year and until their successors are installed. Tenure in these offices shall not disqualify the holder from running for and holding any other government office for which he other wise qualifies.


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