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Nap Time!!!

Thursday, February 08, 2007
A dark day

I never thought I'd find myself agreeing with Sammy Averbach.

Concerning the purchase and use of audio equipment in Judicial Council hearings, Judicial Council Chair Marisa Cuevas says that the records would be available to the justices only.

Well, let me clarify that. She is reported to say that by the Daily Cal. Folks know what that means.
News audio records would only be made available to the justices for their use, Cuevas said.

However, some senators said that while the Judicial Council should have a recording device, records should be made available to the public.

"If any problems arise regarding Judicial Council decisions, there should be a public record to ensure that the process is transparent to the student body," said Student Action Senator Sammy Averbach in an e-mail. "But even if it won't be made public, it is crucial that there is a recording device in place for the (Judicial) Council to have an objective, incontestable record of the proceedings."
While I come to the same conclusion as Sammy, the reasons he gives are very self-serving. If problems arise? What about if problems don't arise? Do students not have an interest in listening to the public hearings?

No, it's a fundamental principle of open government. Records of public hearings are to be public. It's the fifth section in our ASUC Bill of Rights, in fact (which means that, whatever anyone says, the recordings will have to be made available to the public).

By the way, that raises an interesting question concerning the Judicial Council hearings of the summer. Can you think of it? It's a question that Student Action may have an interest in asking, if those folks are still feeling a bit vengeful.

posted by Beetle Aurora Drake 2/08/2007 10:44:00 PM #
Comments (4)
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Comments:
Uh... I don't believe courts ever have public transcripts or records. Individuals have the right to go into the JCouncil and record for themselves, but the JCouncil has the right to keep their notes and deliberations private.
 
The Judicial Council isn't "a court." It's an official ASUC body covered under the ASUC Constitution. If the Judicial Council makes an official recording, it has to be available to the public. That doesn't mean its notes and deliberations become public.
 
the JRPs say the audio recording is for Justice use only
 
The Constitution, though, says:

"All official ASUC documents, records, and other written and recorded information, with the exception of that involving personnel, litigation, or pending investment matters, shall be made accessible to the public upon request. The ASUC must furnish copies of requested information to interested students without undue delay, and may not charge above cost for doing so."

I have a hard time seeing the audio recording of a public, official hearing, especially when that recording is mandated in the JRPs, as anything other than an "official ASUC record" or "recorded information." And obviously, the JRPs aren't going to trump the constitution.
 
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