The Student Association Supreme Court announced Monday the reinstatement of one of the SA’s advisers, and deemed the limiting of his term unconstitutional.

SA Community Affairs Adviser Brian Subatich was reinstated Monday after a 2-1 decision of the court. The court ruled his June 3 approval for the job was constitutional but limiting his term was not.

Subatich’s term was limited to Oct. 8 because he failed to muster a two-thirds vote of the 1988-89 senate after two attempts. Sen. John Fallon, who made the motion to limit the term, said he did not know at the time that limiting was unconstitutional.

“I’ll go on my merits,” Subatich said. “The SA president, the executive staff and board, a majority of the senators and my committee all felt I was the best qualified.”

The limiting of the term was unfair, he said. “I took it to the Supreme Court and won,” Subatich said. “It was cut and dry – a simple legal issue. There were no politics involved.”

Although he continued to work in the SA offices after failing to be approved Oct. 15, Subatich has decided to not receive pay for his two-week absence. “I wouldn’t feel right,” he said. “I don’t want to step on any heels.”

Subatich said it was important the Supreme Court decided the SA cannot limit terms of office. However, he said they still have the power to impeach advisers. “The senate can always impeach, and that’s good,” he said.

Senate Speaker Fallon said he was “obviously disappointed” with the decision. “I felt what we did was legitimate,” he said. “I don’t see what the justices based their decision on.”

Fallon said the constitution sets executive board terms, but not executive staff, of which Subatich is a member. “I fail to see the logic in it,” he said.

Supreme Court Justice Pamela Bozeman wrote the decision, and said “According to Article V, Section 3, the Supreme Court shall rule on the constitutionality of the action taken by the SA senate or executive board when such action is challenged by a member of the SA.”

The decision further reads “In so doing, Brian Subatich is entitled to a full term that shall run from June 1 through May 31 of the same fiscal year as required by Article VI, Section 3 of the SA constitution.”

Justice Robert Snidman offered the dissenting opinion. Snidman said the SA was “acting outside the parameters provided to it by the SA constitution” and said Subatich’s approval was “invalid from the start.”

Acting Community Affairs Committee Adviser Jennifer Novak will return to being a committee member and senator, SA President Huda Scheidelman said. Scheidelman said the motion to appoint Novak was good until a new adviser was found.

“Jennifer did an excellent job,” Subatich said. “I can’t commend her enough.”

Supreme Court Chief Justice Ed Gil was unavailable for comment Wednesday.