NORTH CAROLINA STATE UNIVERSITY STUDENT SENATE

88TH SESSION, 2008-2009

 

Government Bill 33

 

A BILL TO BE ENTILED AN ACT MODIFY THE DEPARTMENT OF THE PUBLIC DEFENDER AND THE POSITION OF THE STUDENT BODY PUBLIC DEFENDER

 

 


Short Title: Public Defender Modification Act

Sponsors: Senators Brackett (corresponding), Lamm, Lindh

Signatories:

Referred to: [Fast Track Intended]  

Version: (insert either committee version, as amended by Senate, etc.)

First Reading:                                                                                    Second Reading:

 

 


WHEREAS, the office of the Student Body Public Defender was created by Government Bill 110 during the 86th Session of the North Carolina State University Student Senate to ensure that all students receive fair treatment in all judicial hearings; and,

 

WHEREAS, according to §3-8.3, the purpose of the Department of the Public Defender shall be ensure to that all students receive fair treatment in all judicial hearings, and are fully knowledgeable of all rights, consequences, and courses of action in regard to alleged violations of the Code of Student Conduct; and,

 

WHEREAS,  the Student Body Public Defender must understand the judiciary process in order to best represent and advise students involved in judicial hearings; and,

 

WHEREAS,  the Department of the Public Defender should be an office held in high regard by students, as well as administrators, and as such should be overseen thoroughly by the Student Senate; now therefore be it,

 

RESOLVED, by the North Carolina State University Student Senate that,

 

Section 1.        the Student Body Statutes Chapter 3, Article 8 (“Department of the Public Defender”) shall be amended as follows:

 

§3-8.6.  Student Body Public Defender.

The executive authority of the Department of the Public Defender shall rest with the Student Body Public Defender, as appointed by the Student Body President.  The Student Body Public Defender shall be a Class 1 Executive Appointment.  The Student Body Public Defender shall be the first appointment considered by the Senate Committee on Government Operations following a nomination for this position by the Student Body President.  The duties of the Student Body Public Defender shall include:

(a)  ensuring that the day-to-day operations of the Department are organized and properly scheduled;

(b)  nominating Assistant Public Defenders for confirmation by the Student Senate  as permitted by statute;

(c)  assigning Assistant Public Defenders to cases per student request;

(d) serving as the Department representative to the Student Senate and Judicial Branch;

(e)  preparing a report for each Student Senate meeting concerning actions taken by the Department; and,

(f)  serving as an impartial consultant to the Student Senate on any legislation seeking to improve the judicial process.

 

§3-8.7.  Oversight.

Oversight of the Department may be exercised by the Senate Committee on Government Operations, which shall have the power to review the records of the Department, compel report of its members, and to make recommendations to the Public Defender, President, or Senate regarding its improvement.  The Student Body Public Defender, or a representative of the Department of the Public Defender, shall appear before the Senate Committee on Government Operations once per month throughout the Academic Year to deliver a report of the actions of the Department and to answer questions from the committee in order to maintain adequate oversight of the Department.

 

Section 2.        A new Student Body Statutes Chapter 3, Article 8, Section 5 (Requirements for Appointment) shall be added to as follows, under the heading “Part I. Powers and Duties,” and all subsequent sections renumbered accordingly:

 

§3-8.5.  Requirements for Appointment

In order to be appointed to the position of Student Body Public Defender, a candidate must:

(a)    participate in official Judicial Board Training;

(b)   meet all academic requirements to be appointed to an Executive Level position;

(c)    have at least one year of Student Government experience.

 

Section 3.        The Senate Committee on Government Operations shall review the performance

                        of the Department of the Public Defender no later than the third scheduled

                        meeting of the 89th Session of the North Carolina State University Student Senate

                        in order to determine if the position is viable and should be continued.

 

Section 4.        This act shall be effective upon its enrollment.