The ASUO Constitution Court ruled by a 2-1 majority Monday that ASUO President Maddy Melton’s efforts to fill two vacancies on the court were “constitutionally sufficient.”
Justice Stephen Yoshida, writing for the majority, said the alternative — finding Melton in nonfulfillment of her duties — would be “a drastic remedy” given her efforts to fill the vacancies. Melton published three classified advertisements in the Emerald, none of which yielded a student eager to work on the court.
“There can be no doubt that the ASUO president is required to appoint persons to vacant positions of the (constitution) court within thirty days of said vacancy,” Yoshida wrote. “There is no requirement, however, that the ASUO president counteract student apathy.”
Chief Justice Michael Harris, in a strongly worded dissent, condemned Melton’s failure to fill the vacancies.
“This court has been hamstrung by the vacancy perpetuated by the inattention and active contempt of President Melton,” Harris wrote. “The president has not fulfilled her duties and therefore is unfit to hold the present office.”
The court grilled Melton on Monday night about why she has not yet filled the vacancies.
In his dissent, Harris criticized what he saw as Melton’s insufficient efforts to fill the vacancies, which he said demonstrate “nothing more than profound disrespect for the office of the judiciary, and the vacancies therein.”
Harris also criticized Melton’s demeanor, saying that her “disrespect was evident throughout the course of the hearing as (Melton) mischaracterized the composition of the selection committee, appeared before the court in ripped and ragged attire, continually referred to court orders as ‘advertisement’ and generally presented a cavalier attitude regarding the importance of the proceeding.”
Melton said she has not filled the positions — one which has been vacant since she took office on May 25, 2003, and another that became
vacant this month — because of a lack of interest in the positions.
“I don’t see how I can fulfill these duties if there is no known interest,” Melton said, adding that she asked people she knew to spread the word about the court’s vacancies.
Melton vowed to fill the vacancies by next Tuesday, saying a recent article in the Emerald had prompted four new job applications. Melton said she and ASUO Student Senate President Ben Strawn will interview all four applicants by Monday.
Melton will soon have another court vacancy to fill. Justice Adam Petkun, former ASUO state affairs coordinator, told the Emerald on Monday night that he intends to resign today to consider a possible bid for the ASUO presidency.
Melton also admitted at the hearing to violating an ASUO Executive rule that requires her to publicize open positions with a host of campus groups, including several ethnic and women’s groups, in order to comply with affirmative action.
“I wasn’t aware that appointments followed the same guidelines as hiring,” Melton said.
But Chief Justice Michael Harris wasn’t satisfied with her explanation.
“Well, it seems pretty clear to me,” he said.
Harris later wrote in his dissent that her failure to publicize the positions with the campus groups “should trouble a court concerned with equal
protection and upholding the University’s goal of promoting equal representation for minority student groups.”
The Executive Rules in the Green Tape Notebook state that the affirmative action procedures apply to all appointed positions in ASUO-recognized programs, unless an exception is granted by the ASUO programs administrator.
Melton said two past applicants to the ASUO had expressed interest in the Constitution Court, but only as a second choice. Melton said she appointed one of the applicants to the EMU Board and another to the ASUO Athletic Department Finance Committee.
“One of the (applicants) seemed a lot more interested in the Athletics Department, so I felt they could better serve on the ADFC than Constitution Court,” Melton said.
Melton refused, when pressed, to recommend a course of action for the court regarding her failure to fill the vacancies.
“The remedy I’m suggesting is that you’ll have a full court by next Tuesday,” Melton said. “I feel like I have proven that I’ve tried to fill the position since it has been open.”
The majority opinion directs Melton to “appoint a qualified candidate” to the longest vacant court position by Tuesday, Feb. 24.