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Requesting and Obtaining an Advisory Opinion

The procedure for requesting and obtaining an advisory opinion from the Student Honor Court is listed below. These procedures come from Chapter Sixteen of the Student Honor Code.

Section One: Requesting an Advisory Opinion The Honor Court may issue an advisory opinion sua sponte at any time. Additionally, the Honor Court shall render advisory opinions at the request of: (a) any SBA elected executive officer, senator, or group of senators (b) members of the SBA Elections Committee (c) Law School faculty member (d) petition from ten students of the Law School.

Section Two: Procedure Requests for Advisory Opinions should be written, signed by the all parties requesting the opinion, and delivered to the Chief Justice. Upon receipt of the request, the Chief Justice shall convene the Honor Court justices as soon as practicable to issue an advisory opinion. For the purpose of issuing an opinion under this Chapter, seven justices constitute a quorum and a simple majority is necessary to issue an advisory opinion. Any vacancies due to absence or recusal will be filled in the same manner as provided in Chapter Nine, Section Three.

Section Three: Issuing an Advisory Opinion Following deliberations by the assembled court, the Chief Justice, or a justice designated by the Chief Justice, shall prepare a written advisory opinion to be signed by all the justices in the majority. Justices may issue concurring and dissenting opinions, which must also be signed. The advisory opinion, along with any concurring and dissenting opinions, shall be posted on the Honor Court bulletin board and website. Copies of the advisory opinion and accompanying opinions shall be delivered to the parties who requested the opinion and kept on reserve in the Law School library. The Chief Justice should also notify the Law School community.

Section Four: Applicability of Advisory Opinions The advisory opinion shall be binding unless revoked by the Honor Court. Opinions can be revoked by a vote of two-thirds of the justices and should follow the same procedure as outlined in Sections One through Three of this Chapter.