The Union Judiciary ruled Monday night that Secretary Michael Goldman '08 violated the constitution on two counts, by appointing a technology assistant outside the powers of his office, and by breaching implied constitutional standards of fairness by releasing voting tallies during elections.A few hours after the decision, Goldman's new counsel, Jordan Rothman '09, Sam Dewey '06, Albert Cahn '07 and Igor Pedan '05, submitted a motion for re-hearing the case. The UJ hasn't responded to the request.

"While well intentioned, the opinion of the court is fundamentally flawed in numerous counts," his motion read. "Far from being illegal, Sec. Goldman's appointment of Assistant Secretary Ramakrishanan is well within the Constitution."

"We would like there to be a re-hearing and if not, we'd like to get the facts out there," Goldman said in an interview early Tuesday morning.

The hearing of the case, Maizlish v. Goldman, last Sunday evening, centered on a dispute over semantics in the Student Union Constitution.

In their opinion, justices Bryan Deutsch '08, Zachary Handler '09 and Cindy Kaplan '08 wrote that Goldman's appointment of Rajiv Ramakrishnan '10 to the post of assistant secretary for technology was unconstitutional because only the Union Senate, President and Treasurer have the ability to make "miscellaneous appointments," positions not specified in the bylaws. That ability, however, isn't included as part of the secretary's constitutional powers, they wrote.

"This Court finds that, while the duties granted to Mr. Ramakrishnan are not objectionable, and while the Senate did unanimously confirm his appointment, the channels by which Secretary Goldman created the position are unconstitutional," the opinion reads. Therefore, the UJ ruled to dissolve the position.

After the senate censured Goldman Sept. 23 and removed his power to view elections software, he appointed Ramakrishnan to view the software in his place. The senate approved of Ramakrishnan, but hadn't approved of the position being created in the first place.

Goldman's appeal argues, "Even if the office was illegal prior to that time it is now an office which necessarily exists and to which Secretary Goldman has made a valid appointment."

Ramakrishnan declined to comment following the decision.

The court also found that Goldman breached his constitutional duty when he released elections information because the secretary's obligation to "oversee and certify all Union elections, petition referenda, and amendment referenda," as outlined in Article III, Section 5 of the constitution, implies upholding moral and ethical standards.

"Tampering with elections results, as Secretary Goldman has admittedly done, is outside the scope of oversight and negates the entire concept of oversight," they wrote.

The justices explained that although the constitution doesn't include a clause mandating the secretary, who acts as elections commissioner, to "fairly and judiciously" oversee elections, fairness is a standard that is "clearly implied."

The UJ can't order senate to impeach Goldman, Deutsch said in an interview Monday night, but the UJ ruled that the senate must clarify its bylaws on this matter.

The senate amended its bylaws Sunday night, to prevent Union officials from releasing elections results prematurely.

Senator for the Charles River Apartments Rachel Graham Kagan '09 defended Goldman against the allegations that he violated the constitution when he hinted at or disclosed election tallies during the voting period to at least one candidate last spring and friends of a candidate last month. Village Quad Senator Michael Kerns '09 served as counsel for Rivka Maizlish '10.

While Kagan explained that Goldman acted within the constitution, Kerns argued that Goldman violated the constitutionally implied principle of fair elections.

The elections commissioner's job includes holding and organizing meetings as well as telling the contestants what to do and what not to do while running for a position in the Union, both duties that Goldman performed, Kagan explained.

"That's what oversee and certify means," she said.

Deutsch elaborated Monday night, explaining that the constitution included the word "responsible" when describing elections oversight, and that Goldman didn't act responsibly by releasing tallies.

"That anyone would argue that the adverb 'fairly' need be explicitly stated in association with any verb found within our constitution is frankly, unequivocally and utterly ridiculous; and to actively and earnestly argue such is simply self-delusional beyond belief and far surpasses my understanding," Kerns wrote in an e-mail to the Justice early Tuesday morning.

Kerns also expressed following the trial that the appointment of Ramakrishnan was unethical.

"I see a conflict of interest where a Secretary is appointing someone to help him do his job," Kerns said.

Kagan called Union Treasurer Choon Woo Ha '08 and former Secretary Alex Braver '09 to testify about the constitutionality of appointing assistants. Ha, who recently appointed six assistants to the treasury and had them confirmed by the senate, explained what his assistants do and what powers they hold. Braver testified that the reason he didn't appoint an assistant because he simply "didn't come around to it," though he utilized outside help informally, Deutsch said.

UJ Chief Justice Jamie Ansorge '09, who recused himself from this case Thursday night, was called by Kerns to testify about the constitutionality of Goldman's actions. He and Justice Robert Schwartz '08, who also recused himself just 30 minutes before the trial, said they couldn't judge impartially. (See sidestory.)

Goldman admitted to releasing the election tallies at the Sept. 23 senate meeting. His actions were debated in a seven-hour closed session that night. The senate issued a censure to Goldman and removed his ability to view the elections software. An unofficial, nonbinding straw poll to decide whether to hold an impeachment vote failed by one vote (12 of 19 senators voted in favor).

"The Senate has already dealt with this," Kagan said in her closing statement. "That's the bottom line."

Several recent graduates, who issued motions on behalf of Goldman last weekend, came to Sunday's UJ hearing to show their support for Goldman. Goldman described two of the attendees, former UJ Chief Justice Samuel Dewey '06 and former Representative to the Board of Trustees Albert Cahn '07 as "off-counsels," merely there to provide advice and support. Deutsch said alumni can't serve as lead counsel, but alumni who are not lawyers can serve as associate counsel.

Dewey and Cahn declined to comment after the trial.

Dean of Student Life Rick Sawyer advised the alumni via e-mail Wednesday night to leave the case to current students, but said it's up to the UJ to decide.

Kerns, however, wrote in an e-mail to the Justice early Tuesday morning, "[despite] the beyond-crystal-clear understanding of Mr. Dewey, the Court, and others that no alumni are to co-file motions to the Court, individuals have done so yet again on behalf of the Defendant."

-Rachel Marder contributed reporting