Libertarian National Committee Representative Alfa Shaw asked for time on the agenda of the next LNC meeting for a discussion of the new LP Judicial Committee Rules of Appellate Procedure. Shaw wrote:||”
The newly installed Judicial Committee has published its rules of Appellate Procedure for the term, and upon examining them, a number of concerning details have been identified. I present here an analysis pointing out areas of concern within those rules.
Good morning,The Judicial Committee is empowered to act, in Article 8 of the bylaws, under the following conditions:
2. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:
a. suspension of affiliate parties (Article 5, Section 6),
b. suspension of officers (Article 6, Section 7),
c. suspension of National Committee members-at-large (Article 7, Section 5),
d. voiding of National Committee decisions (Article 7, Section 12),
e. challenges to platform planks (Rule 5, Section 7),
f. challenges to resolutions (Rule 6, Section 2), and
g. suspension of Presidential and Vice-Presidential candidates (Article 14, Section 5).3. Within 90 days following the regular convention at which elected, the Judicial Committee shall establish rules of appellate procedure to govern its consideration of matters within the scope of its jurisdiction. … unless denied by a 2/3 vote of the National Committee …
After reviewing multiple previous versions of the Rules of Appellate Procedure going back over a decade, followed by deliberation and multiple amendments across email communications and an electronic meeting, the Judicial Committee has submitted its amended Rules of Appellate Procedure; therefore we have fulfilled our obligations under the bylaws and, barring a veto by 2/3rds of the LNC, have no additional obligations at this time.
If the LNC would like to ask questions about the proposed rules, I would suggest that the LNC designate one person to communicate with our committee, with the understanding and explicit caution that our communication will inherently be limited to prevent discussion of matters that may end up being part of any future adjudication.
As we are not otherwise empowered or otherwise obligated to act at this time, I would respectfully ask to be removed from this and future email chains outside the jurisdiction of the Judicial Committee. Our members, almost all of whom have served on the LNC in the past, did not seek to be on the LNC this term for reasons that may include not wishing to be involved in the daily machinations of the LNC.
Thank you,
Ken Moellman
Judicial Committee Chair
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