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VOLUME II. THE STUDENT GOVERNMENT STATUTES

CHAPTER FOUR
BY-LAWS of the JUDICIAL BRANCH
Most Recent Edition as of April 8, 2021

CONTENTS
PREAMBLE §4-3.5. Hearing Process.
§4-3.6. Hearing Decisions.
ARTICLE I. STANDING RULES §4-3.7. Hearing Appeals.
§4-1.1. Definitions. §4-3.8. Burden of Proof.
§4-1.2. Eligibility. §4-3.9. Sanctions.
§4-1.3. Composition. §4-3.10. Publication of the Complaint.
§4-1.4. Purpose. §4-3.11. Motion to Intervene.
§4-1.5. Nomination of the Chief Justice. §4-3.12. Process for Intervenor Submission.
§4-1.6. Nomination of Student Justices. §4-3.13. Order of Speaking when Multiple
§4-1.7. Terms. Intervenors and Time Limit.
§4-1.8. Meetings. §4-3.14. Consolidation of Intervenors
§4-1.9. Meetings by Petition of Justices Cases.
Members. §4-3.15. Suits Against the Judicial Branch
§4-1.10. Minutes. for Failure to Comply with
§4-1.11. Parliamentary Authority. Requirements of this Section.
§4-1.12. Retreat. §4-3.16. Sanctions Not to be Imposed on
§4-1.13. Required Attendance. Intervenors.
§4-1.14. Record of Absences. §4-3.17. Witness List.
§4-1.15. Tardiness. §4-3.18. Order of Speaking of Witnesses.
§4-1.16. Record of Attendance. §4-3.19. Decorum of Witnesses,
§4-1.17. Conflict of Interest. Intervenors, and Parties.
§4-1.18. Removal Based on Attendance. §4-3.20. Submission of Evidence.
§4-1.19. Removal Based on Conduct. §4-3.21. Access to Evidence.
§4-1.20. Membership Re-Eligibility. §4-3.22. Rules of Evidence.
§4-1.21. University Conduct Sanctions. §4-3.23. Power to Request Testimony and
§4-1.22. Voluntary Resignation. the Production of Documents.
§4-1.23. Declaration of Vacancy. §4-3.24. Right to Object.
§4-1.24. Filling Vacancies. §4-3.25. Rulings on Objections.
§4-3.26. Grounds for Objections.
ARTICLE II. OFFICERS §4-3.27. Effect of Sustainment of an
Objection.
§4-2.1. Appointment. §4-3.28. Requirement of Impartiality with
§4-2.2. Chief Justice. Respect to Legislation.
§4-2.3. Lieutenant Chief Justice. §4-3.29. Requirement of Impartiality with
§4-2.4. Student Justices. Respect to All Other Matters.
§4-2.5. Tenure. §4-3.30. Obligation to Recuse.
§4-2.6. Order of Ascendance. §4-3.31. Declaration of Recusal.
§4-3.32. Motion for Compulsory Recusal.
ARTICLE III. HEARINGS §4-3.33. Notice of Appointment of Student
Counsel.
§4-3.1. Authority. §4-3.34. Limitations on Cross Examination.
§4-3.2. Constitutional Supremacy. §4-3.35. Enforcement of Limitations on
§4-3.3. Complaint. Cross Examination.
§4-3.4. Hearing Schedules. §4-3.36. Purpose of Cross Examination.
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH

§4-3.37. Request for Extension of Time in §4-3.42. Dismissal on the Court’s Own
Cross Examination. Motion.
§4-3.38. Limitations on Direct §4-3.43. Appeal from Dismissal.
Examination. §4-3.44. Recesses Permitted.
§4-3.39. Enforcement of Limitations on §4-3.45. Consideration of Items of Business
Direct Examination. out of the Proscribed Order.
§4-3.40. Purpose of Direct Examination.
§4-3.41. Granting of Permission for ARTICLE IV. AMENDMENT
Extension of Time in Direct
Examination. §4-4.1. Amendment.

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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
PREAMBLE
T his document shall be known as the By-Laws of the Judicial Branch at the University of
North Carolina at Charlotte, which is organized for the purposes stated in the Constitution
of the Student Body of the University of North Carolina at Charlotte.
ARTICLE I.
SECTION 1. Qualifications
§4-1.1. Definitions.
Within these By-Laws, the following definitions
shall apply:
(a) "Judicial Branch", shall refer to the
Chief Justice, Lieutenant Chief Justice,
and Student Justices.
(b) "Hearing", shall refer to the process in
which members of the Judicial Board
determine alleged responsibility.
(c) "Hearing Panel Member" shall refer to
the individual member who participates in
determining the alleged responsibility of a
violation.
(d) "Period of Probation" shall refer to a
period of time in which a member of the
Judicial Branch, who is considered to have
not met the expectations of their position,
is in danger of losing their membership
within the Branch. A Period of Probation
is not applicable to the Chief of an Office.
(e) “Candidates for election” means—
a. In respect of a hearing under which
the whole of an election (including all
the races and contests in that election)
may be delayed, thrown out, or
altered, all candidates running for any
office in contest at that election.
b. In respect of a hearing under which
only a portion of the election may be
delayed, thrown out, or altered or the
disqualification of a candidate in an
election, the candidates for the office
in question.
(f) There shall be a rebuttable presumption
that evidence is authenticate for the
purposes of §4-3.22 if there is
biographical information tending, in the
opinion of the Judicial Branch, to indicate
the reliability of the evidence to be used.
(g) “Repetitive testimony” means testimony
from a single witness that is in the form of
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
MEMBERSHIP
information that has already been
provided to the Judicial Board and the
repetition of which is solely for the
purpose of exciting the emotions or
prejudices of the members of the Judicial
Branch.
(h) The “Court” means the Judicial Branch
of the Student Government Association of
the University of North Carolina at
Charlotte.
(i) An “argumentative question” is a
question asked by a person that asks a
witness to draw inferences based upon the
facts of the case.
(j) A “leading question” is a question that
suggests an answer to the question.
(k) “Decorum” means an adequate display of
respect and courtesy to all participants in
the hearing, including not attempting to
disrupt the hearing.
(l) “Party” includes both parties to the case
and those party’s student counsel (if they
have any) appointed pursuant to S.G.S. 4-
3.33.
(m) “Evidence” means any submission to the
Judicial Branch used to support an
allegation or defend against an allegation,
including any testimony offered to support
the allegations or defend thereagainst.
(n) A matter is not “related to the matter at
hand” unless the information attempting
to be elicited bears more than a passing
connection with the matter before the
Judicial Branch.
(o) “Relief” means any possible sanction or
judgement that the Judicial Branch could
render.
(p) A “question that calls for a conclusion”
is a question that asks a witness to state
the matter of responsibility that is left to
the Court’s determination.
(q) “Political, religious, or moral opinions”
shall be defined as a person’s political,

VOLUME II. THE STUDENT GOVERNMENT STATUTES
religious, or moral beliefs; however,
nothing in the rules of evidence or any
other part of these statutes connected with
the provisions of §4-3.22(d) shall preclude
consideration of the ethicalness of a
person's conduct as part of misconduct or
impeachment proceedings.
§4-1.2. Eligibility.
All duly registered students at the University of
North Carolina at Charlotte who meet the
General Qualifications for Student Government
Officials enumerated in SGS §1-1.3 shall be
eligible for membership except as specifically
provided in these By-Laws. No member of the
Judicial Branch may be a candidate for Student
Body Office in the Student Government
Association. Should a sitting member of the
Judicial Branch desire to become a candidate for
Student Body Office in the Student Government
Association, he or she must resign his or her
position prior to the Candidates Meeting.
§4-1.3. Composition.
The Judicial Branch shall be comprised of one
(1) Chief Justice, one (1) Lieutenant Chief
Justices, and five (5) Student Justices.
§4-1.4. Purpose.
The Judicial Branch works to ensure that student
rights are upheld at all times through
involvement in, judicial hearings and reviews.
The Judicial Branch shall have the authority to:
1) Investigate and review any instance
of alleged misconduct within the
Student Government Association, or
violations of the Student Body
Constitution, or the Student Government
Bylaws;
2) Declare any act of the Legislative or
Executive Branch unconstitutional if
that act violates the Student Body
Constitution or Bylaws;
3) Enforce the Elections Act;
4) Conduct Attendance hearings; and
5) Oversee the Impeachment Process.
SECTION 2. Induction of Members
§4-1.5. Nomination of the Chief Justice.
Pursuant to SGS §2-2.10, the Student Body
President shall nominate any member of the
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Student Body to fill a vacant Chief Justice seat.
The Student Senate shall confirm candidates for
the Chief Justice no later than two weeks
following the nomination of an individual from
the Student Body President. Candidates shall be
confirmed by a two/thirds majority vote of
Senators present. Upon confirmation, the highest
ranking Student Government Member present
shall administer the Oath of Office to the Chief
Justice.
§4-1.6. Nomination of Student
Justices.
The Lieutenant Chief Justice and Student
Justices shall be nominated by the Chief Justice.
Each Justice shall take the Oath of Office after
being confirmed by a two/thirds majority of
Senator’s present.
§4-1.7. Terms.
The Chief Justice, Lieutenant Chief Justice and
Student Justices shall serve until the end of
administration’s term or if they are no longer a
currently enrolled student.
SECTION 3. Meetings and
Attendance
§4-1.8. Meetings.
The Judicial Branch shall meet weekly during
the academic semesters to handle administrative
matters of the branch and conduct hearings if
necessary. Additional hearings can be petitioned
for by members of the Judicial Branch. All
meetings and the agenda for such meeting must
be publicly announced at least 24 hours prior to
the meeting. Quorum shall be 5 out of 7 Branch
members. All meetings shall be open to the
public.
§4-1.9. Meetings by Petition of Justices
Members.
The Chief Justice, Lieutenant Chief Justice, and
any of the Student Justices may, at any time,
circulate a petition to call a meeting, prescribing
the date and time of the meeting. Such a petition
must be signed physically or electronically by at
least one-half of all qualified Judicial Branch
members and must be submitted to the Chief
Justice. Upon receipt of a valid petition, the
Chief Justice shall provide notice to all members
of the Judicial Branch, so long that the petition
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
is submitted at least three days prior to the date
and time of the meeting called for.
§4-1.10. Minutes.
The Judicial Branch pursuant to SGS§1-1.7
must record and publish minutes for all
meetings.
§4-1.11. Parliamentary Authority.
The Constitution of the Student Body of the
University of North Carolina at Charlotte and
the most recent edition of Robert's Rules of
Order Newly Revised shall govern the activities
of the Judicial Branch in all cases applicable.
§4-1.12. Retreat.
All Judicial Branch members who are appointed
and confirmed before the date of the first Senate
retreat shall be required to attend the retreat.
Should any Justice not attend the retreat, their
absence shall result in the loss of an absence
towards the allotment of unexcused absences for
the year. Only the Chief Justice shall have the
authority to make exceptions.
§4-1.13. Required Attendance.
(a) Full and prompt attendance at all regular
training meetings, hearings, office meetings
and special meetings of the Judicial Branch
shall be required of each member.
(b) Each member shall be permitted a total of
four unexcused absences per year from
Judicial Branch hearings and meetings. The
accumulation of four unexcused absences in
one year will result in the student's removal
from the Judicial Branch.
(c) Judicial Branch members must inform the
Chief Justice at least 48 hours prior to the
hearing or meeting for which they are
unable to attend. It is at the discretion of the
Chief Justice to make all final decisions on
excused absences.
(d) The Judicial Branch must be in attendance
of the State of the University Address given
by the Chancellor in the Spring semester.
i. Should a Judicial Branch member not
be able to attend the State of the
University Address, the member shall
submit an excuse to the Chief Justice to
judge the validity of the excuse.
ii. Should a Judicial Branch member not
be able to attend the State of the
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
University Address for an unexcused
reason, that absence shall count against
their total allowed absences.
§4-1.14. Record of Absences.
The Chair of the meeting shall record a
member's absence in writing to the Chief Justice
at the adjournment of each hearing. The Chief
Justice or his or her Lieutenant will record the
absence of any Judicial Branch member from a
special meeting
§4-1.15. Tardiness.
A member will be officially considered absent
from a Judicial hearing when the case is called
to order. Once the meeting has been called to
order, the Judicial Branch member cannot be
admitted to the hearing and he or she will
officially be considered absent.
§4-1.16. Record of Attendance.
An accurate record of the members of the
Judicial Branch at the hearing and all meetings
shall be duly maintained by the Chief Justice
and their Lieutenant. These will be maintained
updated weekly.
SECTION 4. Disciplinary
Proceedings Against Members
§4-1.17. Conflict of Interest.
It shall be the duty of any Judicial Branch
member to recuse themselves from any and all
situations that may arise before the Branch in
which there may be a conflict of interest.
§4-1.18. Removal Based on Attendance.
If the Chief Justice determined that a member
has exceeded the total number of absences
allowed, the Chief Justice shall meet with the
member. If the member cannot provide proper
excuse(s) for his or her absence(s), his or her
membership will be revoked.
§4-1.19. Removal Based on Conduct.
If at any time the Chief Justice determines that a
Judicial Branch member's conduct, either in a
hearing or out of a hearing is detrimental to the
organization, the Chief Justice may place the
member on warning, a period of probation or
revoke organizational membership.
§4-1.20. Membership Re-Eligibility.
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VOLUME II. THE STUDENT GOVERNMENT STATUTES

A student whose membership has been revoked
for reasons relating to disciplinary actions taken
against them by the Judicial Branch shall not be
eligible for membership for at least one year
following the declaration of vacancy.
§4-1.21. University Conduct Sanctions.
Any member assigned a conduct sanction which
places him or her out of good standing with the
University shall have his or her membership
revoked immediately.
SECTION 5. Vacancies
§4-1.22. Voluntary Resignation.
A member may declare his or her resignation at
any time. All voluntary resignations must be
delivered in writing to the Chief Justice.
§4-1.23. Declaration of Vacancy.
Upon the announcement of a member's
ineligibility, resignation, or revocation, his or
her seat shall be declared vacant by the Chief
Justice.
§4-1.24. Filling Vacancies.
The Chief Justice shall fill any vacancies in the
Judicial Branch as they arise. Replacements
shall be confirmed by the Student Senate
through the standard confirmation process.

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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
ARTICLE II.
SECTION 1. Officers of the Judicial
Branch
§4-2.1. Appointment.
The Chief Justice shall be appointed by the
newly elected SGA President, subject to
confirmation from the Student Senate. The Chief
Justice will appoint the Lieutenant Chief Justices
and Student Justices, subject to confirmation
from the Student Senate.
§4-2.2. Chief Justice.
The Chief Justice of the Judicial Branch shall:
(a) be responsible for the general leadership
of the Judicial Branch;
(b) be responsible for orientation and training
of new and returning members to the
board and their roles;
(c) communicate regularly with members
regarding meetings, notices, or new
procedures;
(d) prepare an agenda for leadership meetings
and regularly schedules Branch trainings;
(e) prepare materials necessary for each
hearing;
(f) represent Judicial Branch on various
committees;
(g) oversee the maintenance of Hearing Panel
paperwork;
(h) maintain at least five regular office hours
per week and be available to staff
members and Student Government
Officials;
(i) maintain a record of historical Judicial
Branch decisions and precedents;
(j) be responsible for preparing and
scheduling presentations regarding the
various Codes the Board upholds; and,
(k) be responsible for the duties outlined in
Article IV of the Constitution of the
Student Body.
§4-2.3. Lieutenant Chief Justice.
The Lieutenant Chief Justice of the Judicial
Branch shall
(a) assist the Chief Justice as needed and
shall perform the judicial leadership
duties of the Chief Justice in his or her
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
OFFICERS
absence, incapacity, or removal from
Judicial Branch.
(b) The Lieutenant Chief Justice shall
maintain at least two regular office
hours per week and is available to staff
members and Student Government
Officials.
(c) prepare an agenda for every meeting of
the Judicial Branch, and distribute that
agenda to members of the Judicial
Branch, Office of the Speaker, and
Office of the Student Body President.
(d) Record and publish the minutes for
meetings of the Judicial Branch
§4-2.4. Student Justices.
The Student Justices of the Judicial Branch
shall:
(a) Be responsible for investigating and
prosecuting any alleged violations of the
Student Body Constitution, or Student
Government Statutes via the complaint
and hearing process.
(b) appoint assistants;
(c) oversee the general maintenance of the
Judicial Board electronic recording
equipment and downloading of case
recordings after each hearing;
(d) oversee the maintenance, appropriate
distribution and confidentiality of case
paperwork;
§4-2.5. Tenure.
Officers shall begin their terms immediately
upon confirmation. All officers shall serve for
one full calendar year, or until resignation or
removal from Judicial Branch.
SECTION 2. Presiding Officers
§4-2.6. Order of Ascendance.
(a) Chain of Command: Chief Justice,
Lieutenant Chief Justice, most senior
Justice present.
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH

ARTICLE III. HEARINGS

SECTION 1. Rules of Order §4-3.5. Hearing Process.

A. Roll Call Attendance of Board Members
§4-3.1. Authority. B. Decision on Compulsory Recusal
The following authorities shall govern the Motions
activities of the Judicial Branch of the C. The Complainant's Case
University of North Carolina at Charlotte: a. Opening Statement
(a) The Constitution of the Student Body. b. Questioning from the Judicial
(b) The By-Laws of the Judicial Board. Branch
c. Witness Testimony
§4-3.2. Constitutional Supremacy. i. Direct Examination
The By-Laws of the Judicial Branch at the ii. Questions from the
University of North Carolina at Charlotte shall Judicial Branch
not supersede the Constitution of the Student iii. Cross Examination by
Body of the University of North Carolina at the Respondent
Charlotte. D. The Respondent's Case
a. Opening Statement
SECTION 2. Complaint Process b. Questioning from the Judicial
Branch
§4-3.3. Complaint. c. Witness Testimony
(a) A signed formal complaint shall be filed i. Direct Examination
in writing to the Chief Justice detailing ii. Questions from the
any misconduct, and the facts of the case Judicial Branch
If the complaint is against the Chief iii. Cross Examination by
Justice, the signed formal complaint the Complainant
should be submitted to the Lieutenant E. Judicial Witnesses (if necessary).
Chief Justice a. Witness testimony
(b) For Attendance Removal Hearings, a b. Questioning from the Judicial
signed formal complaint shall be filed in Branch
writing to the Chief Justice detailing the c. Cross Examination by the
dates the member missed and the facts of Complainant
the case by the Office of the Speaker or d. Cross Examination by the
Office of the Student Body President. Respondent
(c) The Judicial Branch shall have the ability F. Consideration of Motions to Intervene.
to gather information from various parties G. The Complainant-Intervenor(s) Case
involved. (each Intervenor to be given their own
(d) The Chief Justice and Lt. Chief Justice time to speak)
shall schedule and conduct a public a. Opening Statement
hearing within 10 class days. b. Questioning from the Judicial
Branch
SECTION 3. Hearings c. Closing Statement
H. The Respondent-Intervenor(s) Case
§4-3.4. Hearing Schedules. (each Intervenor to be given their own
Judicial Branch hearings are convened when time to speak)
instances of alleged misconduct are reported. a. Opening Statement
Hearings are scheduled by the Chief Justice after b. Questioning from the Judicial
a complaint has been filed. Branch
c. Closing Statement
I. Closing Statements
a. Respondent’s Closing Statement

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VOLUME II. THE STUDENT GOVERNMENT STATUTES
b. Complainant’s Closing
Statement
J. Deliberations
K. Drafting of the Formal Rationale
L. The Reading of the Formal Rationale
and Verdict
M. Sanctioning (if necessary).
N. Revision of the Formal Rationale to
include sanction decision(s) and
rationale. (if necessary).
O. Reading of the Sanctioning (if
necessary).
§4-3.6. Hearing Decisions.
A decision will be rendered before the
adjournment of Judicial Branch hearing. The
Judicial Branch shall be entitled to give
corrective action, or give sanctions to members
of, or candidates of the Student Government
Association.
§4-3.7. Hearing Appeals.
Any Person who wishes to appeal a ruling of a
body of the Judicial Branch, may do so in light
of new evidence in writing within five class days
of a Hearing Decision being rendered. Appeals
of a Judicial Branch Decision are not
automatically granted, these appeals are
considered by the Judicial Branch as a whole
and granted at their discretion. Upon approving
an appeal, the Judicial Branch will schedule a
new hearing within two class days.
§4-3.8. Burden of Proof.
The burden of proof rests with the Accuser. the
Hearing Panel will determine if a preponderance
of the evidence exists for a finding of
responsibility. This determination must be
based solely on the evidence presented at the
hearing.
§4-3.9. Sanctions.
Following the determination of a case, the
Hearing Panel will deliberate to determine
recommended sanctions. These sanctions, the
rationale for sanctions, and the appeal procedure
will be announced to the accused student or
branch at the conclusion of the hearing and
made public within two business days of the
hearing date. The Judicial Branch may impose
one or more of the following sanctions.
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9
(a) Warning: Written reprimand to an
individual to cease and/or correct the
behavior.
(b) Probation: Written reprimand for
violation of specified regulations.
Probation is effective for a specified time
by the Judicial Branch.
(c) Loss of Privilege: Denial of specified
privileges for a designated period of time.
(d) Restitution: Compensation for loss,
damage, or injury. This may take the form
of appropriate service and/or monetary
value of material replacement.
(e) Disqualification: Removal of the
candidate from participating in the
election and/or serving in office. See §6-
4.7. (Elections Only)
(f) Removal: Removal of a member of SGA
(Attendance Hearings and Impeachment
only)
§4-3.10. Publication of the Complaint.
Whenever the Judicial Branch receives a non-
frivolous complaint, they shall cause the
complaint to be sent to the Webmaster and an
email to be dispatched to the members of the
Conference Committee and any member of the
Student Government Association that sends a
request to the Chief Justice to receive such
information within 2 class days of the hearing
date. If the complaint concerns the conduct of
elections, then an email shall, within 2 class
days of the hearing date, be dispatched to the
Conference Committee, any member of the
Student Government Association that sends a
request to the Chief Justice to receive such
information and the candidates for elections. An
email dispatched pursuant to this section shall
include a copy of the complaint and any
amendments to that complaint. The Webmaster
shall cause the complaint to be published on the
SGA website.
§4-3.11. Motion to Intervene.
Any student with an interest in a matter before
the Judicial Branch of the Student Government
Association may file a motion, via email, to
intervene with the Judicial Branch. The motion
shall be filed no less than 4 hour before the
meeting. The motion to intervene shall state the
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
intervenors name, whether they are a
complainant-intervenor or respondent-
intervenor, and the arguments they wish to
make. The motion to intervene shall be sent to
the primary party on the other side of the matter.
§4-3.12. Process for Intervenor
Submission.
Whenever any student makes a motion to
intervene, the Judicial Branch shall hear an
offering of the case in closed session, if
permissible under North Carolina law, and if the
Judicial Branch determines by majority vote that
the prospective Intervenor has novel arguments
and the administration of Justice would be best
served by allowing the Intervenor to speak, then
the motion shall be accepted. A motion to
intervene shall not be accepted unless the
primary party, on the side that they are seeking
to intervene on, has not adequately represented
the prospective intervenors arguments. The
offering of the prospective Intervenor shall not
exceed 5 minutes. The Lieutenant Chief Justice
shall keep time during the meeting.
§4-3.13. Order of Speaking when Multiple
Intervenors and Time Limit.
When there are multiple intervenors in a case, in
their respective time slots, the intervenor with
the highest placement in the alphabetical list of
last names shall be the first to speak. The
opening and closing statement, taken together,
of any singular intervenor shall not exceed 10
minutes. The Lieutenant Chief Justice shall keep
time during the meeting.
§4-3.14. Consolidation of Intervenors
Cases.
Intervenors on the same side may consolidate
their cases by their mutual consent.
§4-3.15. Suits Against the Judicial Branch
for Failure to Comply with Requirements
of this Section.
Any party that would have been entitled to file a
motion to intervene in a judicial case but was
prevented from doing so because of a failure on
the part of the Judicial Branch or any part of the
Student Government Association, may petition
the Judicial Branch to revisit the decision, which
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
petition shall be granted unless the intervention
would not have materially impacted the decision
of the Judicial Branch.
§4-3.16. Sanctions Not to be Imposed on
Intervenors.
A respondent-intervenor shall not be subject to
sanctions on account of them having filed a
motion to intervene or being a party to the action
as a respondent.
§4-3.17. Witness List.
The primary complainant and the primary
respondent shall submit a witness list to the
Chief Justice within 1 day of the scheduled
hearing time. Witnesses which are not upon the
witness list at the time of the submission of the
witness list shall not be called. The Judicial
Branch shall compile a witness list, which
together with the parties’ witness list shall be
sent to both of the primary parties before the
hearing.
§4-3.18. Order of Speaking of Witnesses.
The order of speaking for witnesses in their
respective categories shall be based upon the
order on which they appear on their respective
witness list.
§4-3.19. Decorum of Witnesses,
Intervenors, and Parties.
Witnesses and parties shall maintain decorum
within a judicial meeting. Witnesses, parties, and
members of the Branch shall display respect and
courtesy to all participants in the meeting. All
people attending a hearing shall not disrupt
proceedings of the Branch. Attacks upon the
character of a party or witness to a judicial case
shall not be considered, except as proven
through evidence and relating particularly to the
acts or omissions alleged. Statements contrary to
the Rules of Evidence shall not be acceptable.
SECTION 5. EVIDENCE
§4-3.20. Submission of Evidence.
Both parties to the case and any prospective
intervenors in the case shall submit all evidence
to be used in the case to the Judicial Branch
within one day of the scheduled hearing time.

VOLUME II. THE STUDENT GOVERNMENT STATUTES
Evidence having not been submitted to the
Judicial Branch before the deadline cannot be
considered.
§4-3.21. Access to Evidence.
The evidence submitted to the Judicial Branch
pursuant to section §4-3.20 shall be made
accessible to both parties before the meeting, as
it is made available to the Branch.
§4-3.22. Rules of Evidence.
(a) All evidence and testimony must be
relevant to the question before the
Judicial Branch.
(b) The character of a party to a judicial
proceeding shall not be a matter for the
consideration of the Branch, except as
proven through evidence relating to the
acts or omissions alleged.
(c) Members of the Judicial Branch shall
not be witnesses or give any testimony
for the respondent or the complainant as
to any matter before the consideration of
the Branch; however, this does not
preclude an independent investigation
by the Judicial Branch or its members.
(d) Evidence of a person's political,
religious, or moral opinions is not
competent evidence in any Judicial
Proceeding and shall not be considered
under any circumstances.
(e) Repetitive testimony shall not be
allowed.
(f) Unauthenticated evidence shall not be
admissible.
(g) Evidence which, in the opinion of the
Board, is more prejudicial than
probative shall not be allowed.
§4-3.23. Power to Request Testimony and
the Production of Documents.
The Judicial Branch shall have the power to
request the production of documents or the
giving of testimony by any party to a case, but
shall not have the power to impose any
consequences for failure to comply with their
requests.
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SECTION 6. OBJECTIONS
§4-3.24. Right to Object.
The respondent and the complainant shall have
the power to, at any point, object to the
testimony, evidence, or arguments of a witness,
the other primary party, or any of the
intervenors, and to have such objection entered
upon the record. The respondent and
complainant shall also have the right to object to
violations of decorum and other violations of
these Bylaws.
§4-3.25. Rulings on Objections.
An objection, which shall state the grounds for
the objection, registered pursuant to section §4-
3.24 of these Bylaws shall be immediately ruled
upon by the Presiding Officer; however, any
party to the case, with the leave of three of the
Justices, may appeal the ruling to the whole
Court, which shall decide the question by a
majority of those present and voting. The
Presiding Officer shall hear any arguments from
the opposite party as to why the conduct is not
objectionable. Dilatory objections are
prohibited, and if a party persists in making
them, they shall be ejected from the hearing.
§4-3.26. Grounds for Objections.
Objections shall be sustained, if, in the opinion
of the Branch, the objected to conduct falls
within one of the following grounds:
(a) Violations of the Rules of Evidence;
(b) Badgering a witness by a party to the
case or counsel;
(c) Violation of decorum by a witness or a
party to the case;
(d) Irrelevance of Evidence or Testimony;
(e) Violation of restrictions on cross
examination;
(f) Violation of the rules of direct
examination;
(g) Violation of the hearing process;
(h) Intimidation of a party or witness to a
matter;
(i) Personal attacks upon the character or
beliefs of a member of the Branch, a
witness, or party to the case, except as
proven through the evidence submitted
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
at the hearing and directly relating to the
acts or omissions alleged; or
(j) Another ground for objection elsewhere
provided for under these bylaws.
§4-3.27. Effect of Sustainment of an
Objection.
If an objection is sustained by the Presiding
Officer or the whole court, the objectionable
evidence or testimony shall be struck from the
record and shall not be considered by the
Branch. Moreover, the Branch shall give
curative instructions to any party, witness, or
Branch member found to be in violation of the
hearing process or of the fairness of the
proceedings. A party, witness, or branch
member who continues in behavior that has been
ruled to be objectionable may, at the discretion
of the Judicial Branch, by majority of those
present and voting, be ejected from the hearing
pursuant to G.S. 143-318.17.
SECTION 7. IMPARTIALITY
§4-3.28. Requirement of Impartiality with
Respect to Legislation.
Every member of the Judicial Branch shall, at all
times, remain impartial with respect to the
constitutionality of any and all legislation before
their consideration. The Presiding Officer of a
Judicial Hearing shall be responsible for
maintaining impartiality, and any party may
object to the breach of impartiality by a member
of the Judicial Branch.
§4-3.29. Requirement of Impartiality with
Respect to All Other Matters.
Every member of the Judicial Branch shall, at all
times, remain impartial with respect to
complaints against members of SGA,
impeachment proceedings, Elections Act
violations hearings, Attendance hearings, and all
other matters within the purview of the Judicial
Branch. Members of the Judicial Branch shall, at
no time, make judgements upon the wisdom of
candidates platforms, agreement therewith,
personal feelings about a party to a case, or any
other factor other than evidence and the
arguments presented. However, nothing herein
prevents consideration of aggravating or
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
mitigating factors as to the sanctioning of a party
to a Judicial Case. The Presiding Officer of a
Judicial Hearing shall be responsible for
maintaining impartiality, and any party may
object to the breach of impartiality by a member
of the Judicial Branch.
SECTION 8. RECUSAL OF A
JUSTICE
§4-3.30. Obligation to Recuse.
A justice with a conflict of interest that prevents
them from ruling impartially and fairly shall
recuse themself from the matter. Recusals
cannot reduce the Judicial Branch below the
quorum of five. If Recusals would reduce the
Judicial Branch below the quorum of five, the
Presiding Officer, in their discretion, may
adjourn the meeting to a future date, which shall
be no more than 10 class days from the initial
hearing day. A hearing that is rescheduled
pursuant to this section shall not be rescheduled
again.
§4-3.31. Declaration of Recusal.
A Justice with a conflict of interest shall declare,
in writing, to the Chief Justice, their recusal,
with justification as to why the recusal is
necessary. The Chief Justice shall grant the
recusal unless the reason is obviously false or
unsubstantial. If the Chief Justice is required to
be recused under section §4-3.30 then they shall
declare their recusal to the Lieutenant Chief
Justice, along with the reasons as to why such
recusal is necessary. The Lieutenant Chief
Justice shall grant the recusal unless the
declaration for recusal is plainly false or
unsubstantial. Any recusal shall be reported to
the Judicial Branch Advisor. A recused Justice
shall not be required to be present at the hearing
from which they are recused. Recusals may not
reduce the Judicial Branch below the quorum of
five.
§4-3.32. Motion for Compulsory Recusal.
Any party to a Judicial Case may submit a
written motion, via email, to the Presiding
Officer requesting the compulsory recusal of a
member of the Judicial Branch. The compulsory
recusal motion shall be submitted to the

VOLUME II. THE STUDENT GOVERNMENT STATUTES
Presiding Officer no less than 4 hours before the
hearing. The motion shall state the grounds for
which the Justice should be recused. The
Presiding Officer shall present the motion for
compulsory recusal to the relevant member of
the Board and the relevant Board member shall
either declare their recusal or refusal to recuse. If
permitted by North Carolina law, the motion
shall be considered in closed session. The
Justice whose recusal is moved shall not
participate in the recusal hearing. A quorum of
five Justices is necessary for the hearing;
compulsory recusal motions may not reduce the
Judicial Branch below the quorum of 5. If the
relevant Justice refuses to recuse themself, then
the whole court shall rule on the recusal motion
by majority vote of those present and voting.
SECTION 9. APPOINTMENT OF
STUDENT COUNSEL
§4-3.33. Notice of Appointment of Student
Counsel.
A primary party to a case may appoint any
student as Student Counsel to argue the case for
them. Whenever a party appoints such counsel,
they shall notify the other primary party and the
Chief Justice thereof.
SECTION 10. CROSS EXAMINATION
§4-3.34. Limitations on Cross
Examination.
No party shall, during a period of cross
examination—
(1) Personally attack a witness character,
except as shown by evidence related to
acts or omissions alleged;
(2) Ask an argumentative question;
(3) Violate any principle of decorum;
(4) Ask any question that is not related to
the matter at hand;
(5) Ask any question which is too vague or
ambiguous for the witness to be
reasonably expected to answer it;
(6) Exceed 10 minutes per witness, except
with permission of the Court by
majority vote;
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(7) Asking a question that calls for a
conclusion;
(8) Ask any question outside of the purpose
of cross examination; or
(9) Ask any question of a repetitive nature.
§4-3.35. Enforcement of Limitations on
Cross Examination.
The limitations upon cross examination, as
proscribed by section §4-3.34 of this Act, shall
be enforced by the objection process.
§4-3.36. Purpose of Cross Examination.
The purpose of Cross Examination is to—
(1) expand on the details offered on direct
examination;
(2) develop new or different facts relevant
to the case;
(3) ask questions about contradictory
testimony or information; or
(4) to raise issues about a credibility of the
testimony provided.
§4-3.37. Request for Extension of Time in
Cross Examination.
Permission to have an extension of time shall be
granted, upon the motion of the party conducting
the examination, by majority vote of the Court.
SECTION 11. DIRECT
EXAMINATION
§4-3.38. Limitations on Direct
Examination.
No party shall, during a period of direct
examination—
(1) Exceed 10 minutes per witness, except
upon leave of the Court by majority
vote;
(2) Ask any question that is not relevant to
the proceedings at hand;
(3) Ask any leading or argumentative
question, except with the permission of
the Court by majority vote; permission
of the Court by majority vote;
(4) Violate any principle of decorum;
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH
(5) Ask any question which is too vague or
ambiguous for the witness to be
reasonably expected to answer it;
(6) Ask a question outside of the purpose of
direct examination;
(7) Ask a question that calls for a
conclusion; or
(8) Ask anything of a repetitive nature.
§4-3.39. Enforcement of Limitations on
Direct Examination.
The limitations set out in section §4-3.38 shall
be enforced by objection.
§4-3.40. Purpose of Direct Examination.
The purpose of direct examination is to—
(1) Elicit testimony from the witness about
the material facts about the matter
before the Judicial Branch; or
(2) Elicit expert testimony from qualified
witnesses about matters before the
Judicial Branch.
§4-3.41. Granting of Permission for
Extension of Time in Direct Examination.
Permission to have an extension of time shall be
granted, upon the motion of the party conducting
the examination, by majority vote of the Court.
SECTION 12. FRIVOLOUS
COMPLAINTS
§4-3.42. Dismissal on the Court’s Own
Motion.
The Chief Justice may, upon receipt of a
complaint, that fails to state a claim on which
relief can be granted, order the complaint
dismissed and refuse to schedule a hearing. The
Chief Justice, whenever they execute the power
under this section, shall give notice to the
applicant for a hearing within 1 class day of the
complaint being found frivolous.
§4-3.43. Appeal from Dismissal.
An appeal against a decision of the Chief Justice
may be brought by the complaint whose
submission is found to be frivolous by
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
submitting written submissions to the Chief
Justice within 4 days of notification of the
complainant being found frivolous. The Chief
Justice shall present the written submission at a
meeting of the Judicial Branch, which may or
may not be a regularly scheduled meeting. The
Branch shall, outside of special meetings when
addressing it is impracticable at the next
regularly scheduled meeting, set a day for
consideration of appeals during each class week
at the start of each academic semester. This day
may be the same day as the regularly scheduled
meetings of the Judicial Branch. The Branch
shall decide the issue of the appeal by majority
vote.
SECTION 13. GENERAL
MOTIONS
§4-3.44. Recesses Permitted.
Any member of the Judicial Branch, during a
hearing, may move for a recess. The motion
shall require a second and shall prevail, if
objected upon, by majority vote. No recess
motion shall specify a recess longer than 30
minutes, and a recess motion shall not be in
order until 15 minutes after the end of the last
recess. The motion for recess shall state the time
and duration of the recess. The Lieutenant Chief
Justice shall keep time for the period of recess.
§4-3.45. Consideration of Items of
Business out of the Proscribed Order.
Any member of the Judicial Branch, a witness,
or a party may move, during a hearing, for a
matter to be considered out of the order that it
appears on the agenda. The motion shall require
a second and shall prevail, if objected upon, by
majority vote of the members of the Branch
present and voting. The person making the
motion, before the time for seconds to be heard,
shall give a brief speech, which shall not exceed
3 minutes, on why they need to be heard out of
order.
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CHAPTER FOUR. BY-LAWS OF THE JUDICIAL BRANCH

ARTICLE IV. AMENDMENT

§4-4.1. Amendment.
Amendments to the By-Laws of the Judicial
Branch may be proposed by members of the
Student Senate. Proposed amendments shall be
adopted or rejected by a vote of the Senators
present and voting and shall go into effect
immediately.

THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE