2008 Woodie Awards
The defense that never was
Bob Devine
Issue date: 1/30/08 Section: Opinion
Several ASISU Senators, along with Vice President Bryan Wheat and former President Ryan Sargent, filed a lawsuit against ASISU and President Jennifer Brown, contending that the Association was in breach of its duties for not operating under the new Constitution developed more than a year ago and brought before the students last February during a referendum. They felt that the Constitution did pass during the referendum last February, according to court documents, although the ASISU Senate unanimously decided the Constitution did not pass on April 2, 2007.
The ASISU Supreme Court decided in favor of the plaintiffs, determining that the Constitution did pass and will be implemented, but questions have surfaced regarding the court hearing's legitimacy and the testimony by various persons involved.
Since the students who filed briefs in the case were not allowed to speak during the hearing, I thought I would take this opportunity to delve into the facts a bit. Readers should know that I did file a brief in the case, so I may be biased, but I will try to stay with the facts as much as possible. Perhaps we can consider this the defense that never was.
The ASISU governing documents stated that any challenges to election results must come within three days of the official decision regarding the elections (Constitution Article 7, Bylaws under Special Elections). Although the referendum was in late February, a court challenge by Nicholas Durfee was pending until the Senate's decision on April 2. But no challenge came afterward within the time allotted, therefore it is questionable that the case should ever have been heard in the first place.
On another issue, both Ryan Sargent and Senator Todd Itami contended that the current constitution was unconstitutional based on a 1975 court case, Bonnie Good vs. Associated Students of the University of Washington, which stated, in essence, that students could not be required to be members of a student association if they did not want to be, even though the same decision upheld a university's right to charge mandatory association fees.
The ASISU Supreme Court decided in favor of the plaintiffs, determining that the Constitution did pass and will be implemented, but questions have surfaced regarding the court hearing's legitimacy and the testimony by various persons involved.
Since the students who filed briefs in the case were not allowed to speak during the hearing, I thought I would take this opportunity to delve into the facts a bit. Readers should know that I did file a brief in the case, so I may be biased, but I will try to stay with the facts as much as possible. Perhaps we can consider this the defense that never was.
The ASISU governing documents stated that any challenges to election results must come within three days of the official decision regarding the elections (Constitution Article 7, Bylaws under Special Elections). Although the referendum was in late February, a court challenge by Nicholas Durfee was pending until the Senate's decision on April 2. But no challenge came afterward within the time allotted, therefore it is questionable that the case should ever have been heard in the first place.
On another issue, both Ryan Sargent and Senator Todd Itami contended that the current constitution was unconstitutional based on a 1975 court case, Bonnie Good vs. Associated Students of the University of Washington, which stated, in essence, that students could not be required to be members of a student association if they did not want to be, even though the same decision upheld a university's right to charge mandatory association fees.
Viewing Comments 1 - 3 of 3
Bob
posted 1/30/08 @ 2:52 PM MST
I decline to accept the nomination to office this year due to the fact that my wife would string me up for adding anything else to my schedule. But the vote of confidence and lack thereof is appreciated. (Continued…)
Not (withheld to protect anonymity)
posted 2/01/08 @ 9:26 PM MST
Ok, thanks for setting that rule up nice and clear.
If you Identify yourself by just your first name, if its your "real" first name then it is not anonymous. (Continued…)
Ryan S. Hunter, News Editor
posted 2/03/08 @ 9:45 PM MST
To all who have commented thus far,
Please stop with the bickering taking place in these comments. It is ridiculous that a comment board meant to offer feedback to the writers and share the views of readers regarding the content of what is written has degraded into immature, irrelevant, and utterly uncalled for fighting. (Continued…)
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