The ASUO Constitution Court on Thursday ordered ASUO President Maddy Melton to appear at a Feb. 16 public hearing to explain why she has not yet appointed a new justice to fill a court vacancy.
The court has been working with four of five members for the past eight months, according to a writ of mandamus — the second one this week — delivered to the Emerald Thursday afternoon. The ASUO Constitution requires the ASUO president to maintain a five-member court, and that at least two of those members be second or third-year law students.
In the writ, Justice Stephen Yoshida and Chief Justice Michael Harris instructed Melton to appear before the Court at 6:30 p.m. in Room 241 of the Knight Law Center to “show cause as to why the present Con Court vacancy has not been filled within a reasonable time.” Melton took office in May 2003.
“Not mindful of the ASUO Executive’s considerable obligations, undertakings and workload, the Court nevertheless feels that the present vacancy threatens both the effective administration and the integrity of the Court,” the writ said.
ASUO spokeswoman Taraneh Foster defended ASUO’s efforts to find a replacement, saying advertisements have been periodically placed in the Emerald throughout fall and winter terms to try and find interested candidates. Although four people have responded since September, Foster said one was not qualified and another was appointed to the EMU Board. Foster estimates the other two applicants — one who applied Wednesday and one who applied Thursday — will be interviewed during the next week to establish whether they are qualified.
“I think (the court) has a valid argument … and though the argument is valid, we have been actively trying to fill these positions, but it just seems there hasn’t been any interest,” Foster said. “If there isn’t interest we’re kind of at a loss to fill the position.
“We hope these two applicants will pan out.”
Foster said ASUO waited until fall to advertise specifically for court positions because ASUO officials believed student interest would be too low during the summer, and the influx of students in the fall would garner more interest.
Harris declined to comment on why he thinks the vacancy has not been filled, but he did reiterate that the sole purpose of the hearing will be for Melton to show cause regarding the vacancy and her failure to fill it.
In addition to the appearance order, the court also urged Melton in the writ to “diligently fill the present vacancy in question,” adding that the recommendation “is not tantamount to a license to act with haste, dereliction, or inattentiveness with respect to filling the aforesaid vacancy.
“A thorough screening process and a well-qualified candidate shall not be sacrificed in the name of expediency,” the writ said.
A second position became vacant just one day earlier, on Wednesday, when the court issued a different writ of mandamus ordering Melton to replace within the next 30 days Meghan Madden. The former justice is studying in Spain for the term and is ineligible to continue her work on the court.
The constitution dictates that court justices are appointed until they graduate, leave the University or are removed for non-fulfillment of duties, with exceptions for absence during the summer. The court ruled that Madden’s study abroad didn’t fit into the exception, and therefore her term expired.
The constitution grants the court “supreme and final authority” on the constitution itself and allows justices to address questions about non-fulfillment of duties by student leaders.