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Tuesday, April 30, 1996

Council deemed to have incorrectly followed proceduresBy Brooke Olson

Daily Bruin Staff

Judicial Board Justice Noah Hochman sighed and paused a moment before speaking.

"These last two quarters have been really tiring," he said. "But I guess this is what politics is all about."

Since fall quarter, the undergraduate council has investigated, attempted and successfully impeached Hochman from the Judicial Board for violating bylaws by discussing an election case outside of official meetings.

But last Tuesday, in another dramatic turn of events, the Judicial Board overturned the council's ruling and reinstated Hochman on the board.

In a 3-1-0 vote, the Board determined that the council met improperly on April 16 and incorrectly followed the procedures to impeach Hochman.

According to undergraduate bylaws, "a motion can only be reconsidered by one who voted on the prevailing," and must be filed by the next day.

Frank Sampson, the council's Cultural Affairs Commissioner, had asked the student government to reconsider Hochman's impeachment 10 weeks after the council fell one vote short of impeaching the Justice.

The Judicial Board determined that this delay and motion to reconsider was a clear violation of the bylaws, said Chief Justice Eric Mah.

Some students were supportive of the decision and said the Judicial Board's ruling demonstrated the council's disregard for the bylaws.

"Either this council is inept or has blatantly disregarded their procedures in order to prosecute people who they perceive do not support their ideology," said Rob Greenhalgh, the president of last year's council.

"If the council attempts to overturn this ruling, it could completely unravel any integrity the student government still has," Greenhalgh added.

Although council members said there will be no attempt to overturn the latest Judicial Board decision, they steadfastedly maintained that Hochman is biased and should not be on the board.

"(The council) is disappointed that the Judicial Board reinstated a corrupt justice through legal trickery," said York Chang, this year's council president. "We'll just have to wait and see if this Judicial Board will abuse its powers to get the Greeks elected this year."

But Hochman contended that he is completely impartial and does not favor any particular slate.

"I have fought this entire investigation and impeachment to the very end because I believe in myself and my integrity," he said. "I wouldn't have put myself in a position to ruin my reputation if I felt that I didn't have some reason to defend myself."

Chief Justice Mah was incensed that Chang would pinpoint any Judicial Board member as biased.

"It seems like a desperate and empty accusation to call the Judicial Board biased after the Board found the Council's actions to be improper," Mah said.

"I would like to believe that all the members of the Board are unbiased. It is a sad state of affairs when the Council accuses their judiciary of partiality and bias only when the Council does not get their way," he added.

But some Judicial Board members did not agree with their Chief Justice and said they are again taking measures to remove Hochman from the board.

"I voted to overturn the (council's) decision but it was based on a technicality," said Judicial Board Justice Jihad Saleh.

"But, although I agreed that the council violated the bylaws, I did not believe they wrongly impeached Noah Hochman. Some Judicial Board members are asking (Hochman), for the best of the organization, to step down from the board," Saleh added.

Despite dissent from both the Judicial Board and the council, Hochman insisted that he will not quit.

"I became a victim of politics at this school and it is my belief that I didn't do anything wrong," Hochman said. "I have and will fight this thing to the very end."

The council began investigating Hochman in September, after charges were brought against him for discussing an election case last spring with Greenhalgh.

This dispute over the Judicial Board justice stems from last spring's controversy.

During the undergraduate elections, the Bruin Democrats placed a full-page ad in the Daily Bruin announcing the group's endorsement of several candidates.

Marwa Kilani, an undergraduate general representative, filed a complaint with the Elections Board, alleging that the ad was an illegal endorsement. The Elections Board, however, determined there was no violation.

Then former council member Matt Weathers filed a petition with the Judicial Board, requesting a review of the Elections Board's ruling. The Judicial Board ruled that the ad indeed was an illegal endorsement and quickly overturned several election results.

Several days later, the Judicial Board reopened the case, overturned its decision and gave the Elections Board the power to resolve the situation.

The Elections Board unanimously voted to keep the original election results.

Despite dissent over the ruling, almost all sides hoped the reinstatement of Hochman will be the conclusion of the year-long Judicial Board affair.

"I'd like to think that this is the end of it all," Hochman said. "Perhaps we'll all be able to lead a normal life now."