The Daily Tar Heel
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The Daily Tar Heel

Fair counsel: student plaintiffs deserve knowledgeable counsel

This University lacks a student public attorney that would serve those who bring suits against student government.

In light of the recent lawsuit brought against the Board of Elections that caused the student body president election results to be withheld, it’s a good time to reconsider the position of a “Plaintiff’s Counsel.”

Presently, students who wish to file a complaint must prepare their case themselves. The student government, in this most recent case the BOE, has the Solicitor General to prepare its defense.

This leaves students at a severe disadvantage, even when they have a legitimate claim against a practice of our student leaders.

The Student Code can be a very complicated document. This most recent suit stems from the belief that the BOE misinterpreted a section of the Code when ruling on the legitimacy of Ian Lee’s campaign.

Given the short period of time students have to prepare their case, it can be very difficult to organize an effective argument without the proper help or knowledge of the Code.

“It’s really time intensive and you really have to know what you’re doing just to get a hearing,” said Anthony Dent. “A general student will be lost when they try to bring a suit against somebody.”

Dent said he and Erik Davies established a program for students to obtain legal advice on the Student Code and the Supreme Court. Davies has been working with the plaintiffs of the most recent case against the BOE, but not from an official position.

Legal advice should not be given just by volunteers to those who sue. It should be provided at all times by someone familiar with the Code in order to make the process fair for all.

This new position would be a “public prosecutor” and would serve the same role as the Solicitor General but on the opposite side of the courtroom. It would give the plaintiff assistance that would level the playing field when it comes to these suits.

It is imperative, given the time constraints of most cases, that plaintiffs have someone with knowledge of the Supreme Court process on their side.

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