By Brendan O’Reilly
A dark cloud continues to loom over an impeached member of the student government judicial panel.
The SGA senate has yet to vote on whether or not Matthew Bisanz, an associate justice on the panel, will be removed from his position.
“Honestly I think the feeling is, It’s not worth it. It’s not worth the grief,” said Pete DiSilvio, the SGA president.
“Bisanz is brilliant. He is. He can do a lot of good work,” said DiSilvio. “As long as he does good work he’s fine.”
Bisanz said he does not like the uncertainty. “I do wish this matter to be resolved within the senate as expediently as possible. I feel the continued nature of the proceedings is just more injurious to my name and creates a more stressful environment for myself,” he said.
“I do plan to seek out all available avenues of appeal,” said Bisanz, adding that he has met with University officials. “The general agreement is that the SGA is autonomous.” Not finding a method of appeal within the University, Bisanz said he would probably take the matter to a court or law.
His immediate removal from the judicial panel would require two-thirds of the senate.
On the senate’s Nov. 14 meeting, legislation to automatically put some senators on leave proposed by Josh Lanier, the SGA Club Affairs Chairperson, went into effect.
Lanier explained that before his legislation senators who were perpetually absent, but with valid excuses, had been counting against quorum. Without enough members present to constitute a quorum, the senate cannot pass legislation.
“[The legislation] creates a new status of senator, in which if you have three excused absences in a row, you no longer count towards quorum, and you no longer count towards the two-thirds you need to pass amendments to the constitution,” he said.
Lanier said his legislation makes it easier for the senate to remove Bisanz from the judicial panel. “It will also make it easier to even address the question,” he added. “Because we often don’t even have two-thirds, we really can’t put it to a vote.”
If a senator moves to remove Bisanz, those involved in the vote will not necessarily be the same members who were at the trail and witness testimony and the presentation of evidence, because of fluctuations in attendance. There are two new members of the senate who were not present for the impeachment proceedings, but are still allowed to participate in a vote on whether to remove Bisanz or not.
Lanier said if members who were not present at the proceedings trust the senate’s judgment, than they should participate in the vote.
“If you have your doubts about what the senate’s verdict was, then I think its only fair that you either abstain on the question or vote not to bring about the removal,” said Lanier. “It’s not a black and white issue, and it’s not clear cut whatsoever,” added.
“The senate is under no necessary obligation,” said Russell Akiyama, the vice president, at the senate meeting Tuesday night in response to a senator’s inquiry as to why a vote has yet to be held.
In response to another senator’s questions if the vote could be delayed indefinitely, Akiyama told the senate, “Yes, actually, it could be, because it is not clarified in our bylaws.”
Bisanz is not the only person anxious to see his removal come to a vote. DiSilvio said five people have already shown interest in replacing Bisanz on the panel. A few names mentioned include Lia Mulligan, the judicial panel’s legal aide, Nathan Yadgar, a former SGA comptroller and Ben Solis, the past SGA president.
“I knew there was a student government association, but I did not know there was a J-panel,” said Ian Daly, an SGA delegate who said he wishes to join the panel.
Daly said he only learned of the panel when he was at a homecoming football game. He said he heard it announced that Bisanz, who was a homecoming king candidate, was a justice.
As a delegate, Daly is on his way to becoming a senator, but he said he really wants a seat on the panel. “It’s the only option right now.”
If Bisanz is not removed and unforeseen circumstances do not result in someone else leaving the panel, Daly and others seeking appointment to the panel, will have to wait until the end of the semester. Jo Levy, an associate justice, will create a vacancy on the panel when he graduates in December.
While some have expressed interest in joining the panel, other members of the SGA do not understand what it does and why it exists. In an effort to raise awareness of the judicial branch of the student government, the panel members made a presentation to the senate.
“If a senator wants to bring up legislation that is unconstitutional to us, we could take a look at that,” said Leela Ramdeen, the chief justice, adding that the senate can always overturn a judicial panel decision by a two-thirds vote.
“We are not a proactive organization. We cannot find a case. A case must find us,” said Shawn Slight, an associate justice.
To help students and clubs find them, the panel is embarking on an awareness campaign, considering the slogan, “Are you appealing?”
The fledgling organization, which is in its second full year academic year of existence, has only had one case go to trial. In the Spring 2006 semester, Tau Epsilon Phi filed a grievance against the Inter Fraternal-Sororital Council over a one-year suspension. The panel ruled unanimously to lift the suspension of TEP, allowing the fraternity to participate in Greek Week.
The panel also gives parties the option to go to mediation rather than trial, but it has yet to occur. Though the justices have only heard one trial, they have received other grievances from clubs. Although the number of organizations that have filed with the judicial panel is few, Seth Harris, an associate justice, pointed out that one complaint from a club represents dozens of students.
“In five years, if it is still here, it can be [of] really good use for the students,” said Ramdeen.