Article XII - Judicial Committee

JUDICIAL COMMITTEE

Section 1.      Purpose.

The purpose of the Judicial Committee is to consider and respond to complaints filed under Article XIII - Judicial Procedure. All complaints for one or more violations as provided in Article XIII, Section 2 are the sole jurisdiction of the Judicial Committee. Any complaints regarding MAPE’s Governing Documents or Policies shall be subject to the Governing Documents or Policies Dispute Procedure pursuant to Article XVIII.
 

Section 2.      Term of Office.

After a complaint is properly filed (Article XIII, Section 4), the Statewide President will chair the committee. If the Statewide President is a participant in the complaint, the Statewide Vice President will become the Chair. If the Statewide President and the Statewide Vice President are both participants in the same complaint then a remaining member of the Executive Committee will become the Chair. The order of Chair selection will follow the constitutional order where Secretary follows the Vice President and Treasurer follows the Secretary. The Chair will appoint 12 additional members to the Committee who are not currently serving on the Board of Directors. Terms will expire following the rendering of the Committee’s decision or the Board of Directors’ appeal decision, whichever is later. 

Section 3.      Judicial Committee Selection

In any case coming before the Judicial Committee, the Judicial Committee Chair shall send a list of the names of the members of the Judicial Committee to the complainant and the respondent. Within 30 days thereafter, each party shall have the opportunity to delete three names from the list of Judicial Committee members, by written notification to the Judicial Committee Chair. From the names remaining, the Chair shall appoint one member of the Judicial Committee to serve as the hearing officer, who shall conduct the hearing.
 

Section 4.      Documentation of Decisions.

Decisions of the Judicial Committee shall be in writing, and shall include at least the following separate items:

1. A statement of complaint;
2. A summary of the evidence in support of the complaint;
3. A summary of the evidence in refutation of the complaint;
4. A finding of facts;
5. A conclusion of proceedings;
6. The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.
    

Section 5.      Communication of Decisions.

A copy of the decision of the Judicial Committee shall be transmitted to the complainant, the complainant counsel of record, the respondent, the respondent’s counsel of record, and each member of the Judicial Committee.
 

Section 6.      Notice.

A written communication or required notice to the Judicial Committee or any member thereof shall be sent to the Judicial Committee Chair at the MAPE Central office.
 

Section 7.      Reporting.

Each Judicial Committee shall submit a written summary of its actions to the next regular Delegate Assembly.  All Delegates shall receive a copy of the report. Such a summary shall include a listing of all cases referred to it, a description of the major issues involved, and the judgments of the Committee. The Committee report shall call attention to pertinent omissions or ambiguities in governing documents and policies and may offer recommendations.
 

Section 8.      Staff Assistance.

The Judicial Committee shall be provided with staff assistance and facilities as are necessary and appropriate to the proper functioning of the Judicial Committee in accordance with policies established by the MAPE Board of Directors.