There are Bylaws.... and then there is Equity
The internal controversy over the Libertarian Party convention and the lack of a legitimate vote to populate the Judicial Committee continues. In brief, the convention adjourned--in a rush--using a method suggested by the Chair--without electing a Judicial Committee. This was no one's intent. It was a mistake. Our Bylaws do not provide any other way to initially populate the Judicial Committee. But the Judicial Committee is the safeguard for the members against a rogue LNC.
So here is the long and short of the situation we find ourselves in. The delegates never intended to waive their right to seat a Judicial Committee. They trusted in the leading of the Chair in finalizing business. So should they then suffer by having no recourse for two years?*
By a strict interpretation of the Bylaws. Yes. And they can't even appeal that!!! Why? Because no Judicial Committee.
While that might be correct, it isn't RIGHT.
This is why General Robert, of Robert's Rules of Order fame, did provide for equitable solutions when the Bylaws forced societies into impossible corners. I submit this is one such impossible corner. And one means of equitable remedy was to put the matter to a delegate vote via mail.
This is a means that provide justice to the delegates, gives them protection, and is the least offensive way to remedy outside of the Bylaws.
When anyone says, BUT THAT'S AGAINST THE BYLAWS! --- yes, it is.
#That is EXACTLY the point.
There is a time to chose being right over being correct.