Thursday, February 20, 2014

Proposal #21: Removing Politics from Judicial Committee Decisions

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: The purpose of the Judicial Committee is to step in where there is a clear violation of the rules. Unfortunately, because the Judicial Committee makes decisions based on a simple majority, it runs the risk of devolving into another political body rather than one whose decisions are based on a clear application of the Bylaws. We have witnessed a similar problem in government, where the U.S. Supreme Court makes far-reaching decisions based on narrow 5-4 decisions.
  • Solution: Require that decisions of the Judicial Committee be made by unanimous consent and reduce the size of the body from seven to five to make it more likely that a unanimous decision can be reached.
  • Benefits: Contentious issues being decided by the narrowest of margins have created a credibility problem in the eyes of many. Requiring that decisions be unanimous will increase the Judicial Committee’s legitimacy and the likelihood that those decisions will be respected.

Bylaws of the Libertarian Party

ARTICLE 9: JUDICIAL COMMITTEE

  1. The Judicial Committee shall be composed of seven five Party members elected at each Regular Convention, and any five members shall constitute a quorum. The Judicial Committee shall act by a unanimous decision of its membership. No member of the National Committee may be a member of the Judicial Committee. The members of the Judicial Committee shall select the Chair of the Judicial Committee. The Judicial Committee shall take office immediately upon the close of the Regular Convention at which elected and shall serve until the final adjournment of the next Regular Convention. All Judicial Committee members shall have been Party members at least four years at the time of their selection.The remaining members of the Judicial Committee shall appoint new members if vacancies occur, such appointees to serve until the final adjournment of the next Regular Convention.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

2 comments:

  1. This is an effort to consolidate power into the LNC to abuse the party rules provided that they have just one co-conspirator on the judicial committee to permit its allowance.

    It is being proposed by a person, who through proxies, was behind such an act that was ultimately overturned by the judicial committee in 2011.

    This proposal should not only be rejected, but should it pass I can almost guarantee an affirmative vote that Oregon will leave the national organization at our 2015 convention because we would be almost certain it would be used to abuse us again.

    Disclaimer:
    The Libertarian Party of Oregon has an unresolved legal dispute with the LNC Inc resulting from their hiring of the Oregon Republican Party’s Lawyer, then sponsoring his litigation against us to through signing a conflict of interest release in pursuing an agenda of replacing our state party leadership through a sponsored coup, initiated by officers of the LNC at the time and composed of current members of the bylaws committee. Further our delegation was not seated in 2012 due to a poisoned credentials committee which included several of the plaintiffs in the dispute and the Chairperson of the LNC at the time was willing to allow that committee to violate the bylaws and their authority under RROR at the Las Vegas Convention.

    You may consider my statements on this matter bias or experience depending on your disposition.

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  2. The name is highly deceptive. The Judicial Committee functions like an en banc group of judges. Majority voting is appropriate.

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