DRAFT This is a draft proposal which has not yet been voted on by the committee.
Proposed by Aaron Starr.
- Problem: The purpose of the Judicial Committee is to step in where there is a clear violation of the rules. Unfortunately, because the Judicial Committee makes decisions based on a simple majority, it runs the risk of devolving into another political body rather than one whose decisions are based on a clear application of the Bylaws. We have witnessed a similar problem in government, where the U.S. Supreme Court makes far-reaching decisions based on narrow 5-4 decisions.
- Solution: Require that decisions of the Judicial Committee be made by unanimous consent and reduce the size of the body from seven to five to make it more likely that a unanimous decision can be reached.
- Benefits: Contentious issues being decided by the narrowest of margins have created a credibility problem in the eyes of many. Requiring that decisions be unanimous will increase the Judicial Committee’s legitimacy and the likelihood that those decisions will be respected.
Bylaws of the Libertarian Party
ARTICLE 9: JUDICIAL COMMITTEE
The Judicial Committee shall be composed of
sevenfive Party members elected at each Regular Convention , and any five members shall constitute a quorum. The Judicial Committee shall act by a unanimous decision of its membership. No member of the National Committee may be a member of the Judicial Committee. The members of the Judicial Committee shall select the Chair of the Judicial Committee. The Judicial Committee shall take office immediately upon the close of the Regular Convention at which elected and shall serve until the final adjournment of the next Regular Convention. All Judicial Committee members shall have been Party members at least four years at the time of their selection.The remaining members of the Judicial Committee shall appoint new members if vacancies occur, such appointees to serve until the final adjournment of the next Regular Convention.
- added - blue, underline, italic