[Lnc-business] Fwd: Judicial Committee motions

[Elizabeth Van Horn]

Why it's not able to happen:

---
Libertarian Party Bylaws
and Convention Rules

ARTICLE 8: 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."

---> We currently have no Judicial Committee and it doesn't matter what 
the previous committee passes, they now have no authority in this 
matter.

_________

" 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"

---> Can't happen, as there's no JC to do any appointing.
______________

---> Nor, is there any provision for a mail ballot after the convention 
has adjourned.  Nor, can the LNC follow a 1923 General Robert's book, as 
our bylaws state:

ARTICLE 16: PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order, 
Newly Revised shall govern the
Party in all cases to which they are applicable and in which they are 
not inconsistent with these bylaws
and any special rules of order adopted by the Party.
_____________

The delegate body at convention didn't suspend the rules for the JC 
election as it did for the At-Large.  Our chair was even asked if the 
rules suspension would also apply to the JC, and the answer was no, it 
would not. (I'd have to watch the video for the exact language, but I 
was there and heard it, as did everyone paying attention who was there. 
This isn't an area of dispute)

As the normal plurality of the At-Large elections would apply to the 
Judicial Committee, but rules weren't suspended for the JC, we're 
without a JC.  We can't appoint them, as the bylaws say only someone one 
the JC can appoint.  But, we have no JC.  The previous committee was 
disbanded when the convention adjourned.

EVH

---
Elizabeth Van Horn
LNC Region 3 (IN, MI, OH, KY)
Secretary Libertarian Party of Madison Co, Indiana
LP Social Media Process Review Committee
Vice-Chair Libertarian Pragmatist Caucus
http://www.lpcaucus.org/


On 2018-07-16 10:21, Caryn Ann Harlos via Lnc-business wrote:
> Please see the below communication from Chuck Moulton.
> 
>    Which brings to mind another way to handle.  Since the maybe JC did
>    this outside of our direction - if we refer ratification of this to 
> the
>    delegates my mail - majority vote- we have as legitimate of JC that 
> we
>    are going to get.
> 
>    -Caryn Ann
> 
>    ---------- Forwarded message ---------
>    From: Chuck Moulton <[1]chuck at moulton.org>
>    Date: Mon, Jul 16, 2018 at 7:41 AM
>    Subject: Judicial Committee motions
>    To: Nick Sarwark <[2]chair at lp.org>, Caryn Ann Harlos
>    <[3]secretary at lp.org>
>    CC: D Frank Robinson <[4]dfrank_robinson at yahoo.com>, Chuck Moulton
>    <[5]chuck at moulton.org>, Darryl Perry <[6]Darryl at darrylwperry.com>, 
> Ruth
>    Bennett <[7]bennettruthaz at gmail.com>, Geoff Neale
>    <[8]liber8or at austin.rr.com>, Jim Turney <[9]LP at jimturney.com>, 
> Tricia
>    Sprankle <[10]tricia at spranklelaw.com>, Alicia Dearn
>    <[11]aliciadearn at bellatrixlaw.com>, William Hall 
> <[12]WHall at wnj.com>,
>    John Buttrick <[13]jabuttrick at gmail.com>, Rob Latham
>    <[14]freeutahns at gmail.com>, Michael Badnarik
>    <[15]scholar at constitutionpreservation.org>, Gary Johnson
>    <[16]sedition at aol.com>
>    Chuck Moulton wrote (7/6/2018 at 4:31 pm):
>    > Because no one received a majority vote with approval voting, 
> there
>    is a
>    > controversy as to whether the Judicial Committee was properly
>    elected.
>    >
>    > Without getting into details of the relative merits of each
>    > interpretation, I believe this is an exhaustive list:
>    >
>    > 1. The convention elected all 7 JC members by plurality (the 
> motion
>    to
>    > suspend the rules for at-large applies to JC because our rules say
>    the
>    > JC uses the same method of election as at-large).
>    >
>    > 2. The convention elected 5 JC members by plurality (the motion
>    > referenced above explicitly said the top 5 would be elected by
>    plurality)
>    >
>    > 3. The JC from the previous term continues serving another 2 or 4
>    years
>    > (no one received a majority)
>    >
>    > 4. The LNC can appoint the JC (the LNC can fill at-large 
> vacancies,
>    and
>    > our rules say the JC is elected by the same method as at-large)
>    >
>    > 5. We have no JC (no one received a majority and our bylaws say 
> the
>    JC
>    > serves until the final adjournment of the next convention rather 
> than
>    > when the next JC is elected)
>    >
>    > I can't do anything about interpretation #5.
>    >
>    > I am trying my best to at least make the interpretations in #1, 
> #2,
>    #3,
>    > and #4 be the same people so those with different interpretations
>    don't
>    > think we have 4 different JCs.  I believe this will add to the
>    > legitimacy of the JC.
>    Mr. Chair and Ms. Secretary,
>    Please relay the following information to the Libertarian National
>    Committee.  I write both on behalf of the 2016-2018 Judicial 
> Committee
>    and on behalf of the 2018-2020 Judicial Committee.
>    First (to harmonize #3 with #1), the Judicial Committee from the
>    2016-2018 term (which consisted of Michael Badnarik, John Buttrick,
>    Alicia Dearn, Bill Hall, Gary E. Johnson, Rob Latham, and Chuck 
> Moulton
>    with Chuck Moulton serving as chair) passed the following motion by
>    email ballot with a vote of 6-0-1:
>    
> ----------------------------------------------------------------------
>    I move that the following people be appointed to the Judicial 
> Committee
>    to fill the 6 vacancies created upon the resignations of 6 members 
> of
>    the Judicial Committee:
>    * D. Frank Robinson
>    * Darryl Perry
>    * Ruth Bennett
>    * Geoff Neale
>    * Jim Turney
>    * Tricia Sprankle
>    
> ----------------------------------------------------------------------
>    The following members of the old JC submitted letters of resignation
>    contingent on the motion passing:
>    * Alicia Dearn
>    * John Buttrick
>    * Bill Hall
>    * Rob Latham
>    * Michael Badnarik
>    Gary E. Johnson did not respond to emails, participate in the vote, 
> or
>    submit a letter of resignation.  By phone he told me that he is not 
> on
>    the Judicial Committee.  He also believes we have no JC this term.
>    Second (to harmonize #2 with #1), the Judicial Committee which was
>    arguably elected by plurality for the 2016-2018 term under the
>    interpretation that the top 5 (but not the top 7) were elected 
> (which
>    consisted of D. Frank Robinson, Chuck Moulton, Darryl Perry, Ruth
>    Bennett, and Geoff Neale with Chuck Moulton serving as interim 
> chair)
>    passed the following motion by email ballot with a vote of 5-0-0:
>    
> ----------------------------------------------------------------------
>    I move that the following people be appointed to the Judicial 
> Committee
>    to fill the 2 vacancies left on Judicial Committee (if such 
> vacancies
>    exist):
>    * Jim Turney
>    * Tricia Sprankle
>    
> ----------------------------------------------------------------------
>    At this point we 7 (D. Frank Robinson, Chuck Moulton, Darryl Perry,
>    Ruth
>    Bennett, Geoff Neale, Jim Turney, and Tricia Sprankle) plan to elect 
> a
>    committee chair and consider rules of appellate procedure to submit 
> to
>    the Libertarian National Committee by the 90 day deadline in bylaw 
> 8.3.
>      We realize that the JC election may still be a mess, but any 
> further
>    resolution is out of our hands.  Therefore, we will proceed as if we
>    were legitimately elected in order to meet bylaws deadlines.
>    Chuck Moulton
>    Interim Chair, 2018-2020 LP Judicial Committee
>    Chair, 2016-2018 LP Judicial Committee
> 
>    --
> 
>    --
>    In Liberty,
>    Caryn Ann Harlos
>    Libertarian Party and Libertarian National Committee Secretary
>    - [17]Caryn.Ann. Harlos at LP.org or Secretary at LP.org.
>    Chair, LP Historical Preservation Committee - LPedia at LP.org
>    A haiku to the Statement of Principles:
>    We defend your rights
>    And oppose the use of force
>    Taxation is theft
> 
>