For more than two years, Brandon Smith occupied the role of acting Chief Justice for the student Senate Court of Appeals. But with Smith’s graduation this month comes a void that, according to Senate rules and regulations, must be filled.
As per his departure, Smith wrote a letter to the Kansan outlining his experiences incurred while serving as acting chief justice. In his letter, he said the inability to appoint the court to full membership “hinders our abilities and ultimately hurts the student body”.
Brandon Smith, a third-year law student from Olathe, serves as both chief justice and one of the four judges on the Student Court of Appeals. Smith graduates in May and said that empty positions on the court have hurt the student body.
After Smith graduates from the University, only three judges will remain on the Senate court of appeals. According to the rules and regulations, the judicial branch of Senate is to consist of one chief justice and four judges. Since its birth in 2009 though, the court has existed with only four members. As the oldest student member of the court, Smith chose to serve as the acting chief justice.
Smith, a third year law student from Olathe, said the inability to appoint a fifth member has undermined the authority of the court.
In March, former student body president Michael Wade Smith co-authored legislation with Senator Mark Pacey to disband the court of appeals and restore the judicial authority back to the Student Executive committee. Much to Michael Wade Smith’s dismay, the Senate rights committee voted against the legislation.
Michael Wade Smith, a senior from Goodland, doesn’t hide his feelings about the court. He said the court of appeals was put “together over a weekend and in a very rash way.”
“Not having an official head of our branch makes it difficult to really be invested in the infrastructure of Senate,” Smith said. “And obviously five is better than four for voting decisions and getting stuff done.”
The student body president is responsible for appointing the chief justice but during the two different administrations the court has existed within, no committee has been established to elect a fifth member. With Smith’s departure, two seats will now be vacant.
According to Smith, Michael Wade Smith deliberately avoided appointing a fifth member this year because “he never wanted the court to exist in the first place.”
“Why would I appoint a member to a branch that I was working on legislation to disband?” Michael Wade Smith said.
With both men departing, the future of the court is unknown as it now lies within the hands of the current student body president Libby Johnson. Johnson was a member of the rights committee that voted against ridding Senate of the court but was unavailable for comment.
Eric Sader, a member of the Court of Appeals and a second year graduate student in law and social welfare from Salina, said the court has functioned “remarkably well” with what’s been given.
“But we’re hopeful with the new officers, they recognize the existence of the court and will go forward with appointing two new members,” Sader said.
The Senate Court of Appeals handles situations where conflicts of action, interest, or policy arise within the student government. The court typically deals with financial issues, elections rules, or bills that could affect the infrastructure of Senate.