[Lnc-business] Fwd: Judicial Committee motions

[brent.olsen at lp.org]

Exactly.  The former JC selecting a new JC just doesn't work any better 
than the LNC selecting the JC.  I couldn't support this, not that I 
would have any say in the matter...

In Liberty,
K. Brent Olsen, Psy.D.
Alternate, Region 4

On 2018-07-16 12:14, Elizabeth Van Horn via Lnc-business wrote:
> 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
>> 
>>