Court listens to sides
October 27, 1989
No decision was made in a Student Association Supreme Court hearing Thursday night to determine the constitutionality of limiting SA advisers’ terms.
Former SA Community Affairs Adviser Brian Subatich petitioned the court to deem his June 3 approval constitutional except for limiting his term until Oct. 8.
Subatich’s term was limited because he could not gain a two-thirds majority vote, after two votes of the summer session senate, to serve for an entire year.
The original motions were made by Sen. John Fallon, who was defending the senate at the hearing. He said he did not realize at the time the motions were unconstitutional because newly-elected Vice President Steve Coloia, who was acting as president pro tem, did not tell him.
Supreme Court Chief Justice Ed Gil said the court will make a written decision known at 10 a.m. today.
Shane Conner, Subatich’s counsel, said the clause determining terms “leaves no room for interpretation.” He later said he was “bewildered” that Fallon, who had originally made the Subatich approval motions, was now trying to keep out of SA business.
Senate Speaker Fallon said without the term limitation, Subatich never would have been approved. Co-counsel Sen. Galvin Kennedy said if the court approved Subatich, he would undermine the whole concept of senate consent of presidential approvals.
Subatich’s problems began at the Oct. 9 DeKalb City Council meeting, when he called 3rd Ward Alderman Rita Tewksbury “wicked.”
The SA senate Oct. 15 failed to re-approve him, saying they feared Subatich would not be able to work with the council.