The Commentator
Volume 67, Issue 4
November 10, 2002
Kislev 5763


 

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Volume 67, Issue 4  

Order in the Court:
Student Court Finally Selected

by Avi Zohar

 

Unbeknownst to many Yeshiva students, the Student Union Constitution calls for the establishment of a Student Court to deliberate on matters pertaining to interpretation of the Constitution and to judge potential violations thereof. According to the Constitution (Article XI, section 1, paragraph 3), “The Student Union President shall appoint all Justices and the Justice Pro-Tempore at the first meeting of the General Assembly.”  Although this mandate demands that justices be appointed shortly after the start of the academic year, the appointments were only made in recent weeks.

The Constitution requires that a Chief Justice preside over five other justices.  The Chief Justice as well as two of the other justices must be seniors in good standing; juniors must occupy the remaining seats. The alternate, who “must be at least a Sophomore,” is responsible for recording “all the proceedings, including minutes of all trials,” does not sit on the Court bench, and votes only in case of a justice’s absence.

Although the Constitution has always dictated the establishment of the Court, the 2001-2002 Yeshiva College Student Council never actually actualized this requirement.  This year appears to be different.  Though it took some extra time, Yeshiva Student Union President Shai Barnea appointed Sy Syms senior Ari Erdfarb Chief Justice.  “I was looking for someone who is trustworthy, has integrity, will not succumb to peer pressure, and will not be influenced by it,” said Barnea.  “Ari Erdfarb fit that description.  He is a man of high [moral] fiber and someone that I trust implicitly.  That, combined with his past involvement in school, made this choice an easy one to make.”

The newly appointed Chief Justice was also pleased by his appointment. “I have always been interested in law,” said Erdfarb, “and the Student Court will give me the perfect opportunity to explore the judicial process.”

However, some students were less than optimistic about Erdfarb’s appointment.  “I can’t believe Shai had the audacity to appoint one of his friends and then swear by his objectivity,” said one Sy Syms Senior.  “This is just another example of irreverence shown to the student body by their president.” 

When asked what accounted for the delay in appointing the justices, Barnea cited the choppiness of the early part of the school year due to the High Holidays.  “I wanted to create a fair and equitable process which would allow all students to apply,” said Barnea, explaining that  earlier appointments would not have yielded sufficient time to make the proper appointments.

After his being appointed, Erdfarb interviewed all twenty-five applicants for the five positions.  He then gave each candidate a mock scenario, hoping to extrapolate from the exercise which candidates could think through cases logically.  In the end, Yeshiva College seniors Jeremy Glicksman and Jason Koslowe, as well as juniors Eitan Mazin and Michael Wolgin, were appointed to seats on the Court, with YC sophomore Josh Goldsmith being selected as the alternate.

Glicksman was enthusiastic about his recent appointment. “I am very excited about my appointment to the Student Court,” said Glicksman.  “While sitting on the court, I hope to accomplish nothing more than to ensure that the Student Union Constitution is upheld in an appropriate and just manner in all cases arising before the court.

There are several emerging cases that might require the courts’ intervention.  First among them will probably be a case involving the winning candidates for president of the Stone Beis Medresh program and the James Striar School, who were subsequently disqualified.  Another such prospect revolves around whether the constitution permits one student to be president of two different factions of student government simultaneously.  Such pressing issues – which were all but ignored due to the absence of a constitutionally mandated judicial body last year – may finally get the attention they deserve.

 


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