EO 3 issued

Executive Order 3 for the 2004-05 term was announced to ASUC officials late on July 6. EO 3, much lengthier than its predecessors, amends Title IV by adding a third section to Article I, the "Purpose and Intent" section of Title IV.

The new Title IV, Article I, Section 3:

"Equitable Remedy

Remedies in addition to those described in Article XIII may be imposed at the discretion of the Judicial Council. Such remedies shall be integer censures or disqualifications."

This amendment is obviously the means that the Judicial Council will use to negotiate some sort of settlement with DAAP without having to resort to big peoples' court. Speaking of which, no hearings on the federal case appear to have been scheduled yet. If this is going to be settled before the beginning of the fall semester, it is going to have to be done at the negotiating table.

While it may seem very undemocratic to change the ASUC by-laws via Executive Order, it is important to note that all business conducted by EO expires after three meetings of the ASUC Senate. The Senate can also override the EO with a majority vote. (ASUC Constitution, Article II, Section 2C)

And while the legality of the amendment is not really questionable, there are some significant long-term problems with the amendment. First, defining the remedies the Judicial Council can use is somewhat binding, and does not allow for future leeway. In addition, this amendment opens the door for more charades like this one, where disgruntled candidates and parties can hold out until more lenient punishments can be issued. I imagine that this amendment will be altered before it is made permanent by the ASUC Senate.

For those of you interested in getting a copy of the EO, please email me.
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