Article VIII Section 5(B)(4) of the Constitution of the Associated Students of UCSB empowers the Judicial Council to “render advisory opinions upon the request of a three-fourths (3/4ths) majority of the voting membership of the Senate.” (16)

Should the Senate find themselves concerned with interpretation of the Legal Code, beyond the scope of legal counsel provided by the Attorney General, a motion can be made to request an advisory opinion from the Judicial Council.

If the motion passes, Senate Leadership is responsible for submitting this petition.

The Judicial Council will decide whether or not rendering an advisory opinion is the appropriate procedure for addressing the given situation. This decision should be made at the next regularly scheduled mandatory meeting of the Judicial Council. Should the Council vote to render an advisory opinion, the Chair will notify the Senate with a timeline on the release of the opinion.

To submit a valid Petition for Constitutional Review, the petitioner must first establish standing by demonstrating a personal stake in the matter, showing that the challenged policy has a direct impact on the petitioner’s rights or status. The issue must be imminent, meaning the policy’s effects are currently felt or certain to occur, allowing the Council to resolve the conflict before further complications arise. If the issue is not yet ripe for judicial intervention, the Council defers to the Senate for legislative problem-solving.

The Solicitor General is automatically designated as the respondent in cases of Constitutional Review, defending the Legal Code on behalf of the Association.

For purposes of this petition, abusive conduct and bullying are synonymous. Abusive Conduct/Bullying is sufficiently severe, persistent, or pervasive conduct that denies, adversely limits, or interferes with an individual’s participation in or benefit from the activities, duties, or other responsibilities of the Association, and creates an environment that a reasonable person would find intimidating or offensive. Abusive Conduct/Bullying Behavior in violation of Policy 1 is prohibited and will not be tolerated. The Association encourages anyone who is subject to or becomes aware of Abusive Conduct/Bullying behavior to promptly report it. The Association will respond swiftly to reports of Abusive Conduct/Bullying and will take appropriate action to stop, prevent, correct, and address the harm caused by such behavior.

Please review the Judicial Council Website Tab XXX for specific descriptions about each type of JC petition. Here is a reference table of examples to help you figure out which judicial process to pursue: