ASUA is short one Supreme Court justice and awaits the confirmation of a new justice Thursday.

Dev Sethi was next in line for the position last fall after completing the application and interview process.

Supreme Court justices interpret the Associated Students constitution and bylaws, said Undergraduate Senator Gilbert Davidson.

"The court hears all matters pertaining to the elections," he said. "This makes the appointment of the fifth judge timely."

The Undergraduate Senate and the Central Coordinating Council have approved Sethi, a second year law student, to replace Supreme Court Justice Marc Goldsen, who left law school for personal reasons. Students must attend UA law school to be on the Supreme Court.

ASUA found out that Goldsen had left school when it tried to contact him March 7 to request his appearance in court.

Four justices sit on the Supreme Court currently, which could lead to a tie vote on the cases heard.

The ASUA constitution states, "All Supreme Court vacancies shall be filled by appointment within two months."

The ASUA Supreme Court rules of procedure state, "A simple majority of justices shall be required for a valid ruling."

Nothing in either document states what should be done if justices do not complete their terms or what should be done in the case of a tie.

Siting past election years, Driggs said candidates are likely to approach the Supreme Court and have it interpret election codes.

"It seems the confirmation process is being quickened for the elections," said Anita Bhappu, vice president of the Graduate and Professional Student Council. "The council will have to discuss the matter thoroughly on Thursday."

The application process will probably be reopened, she said.

Ben Driggs, president of ASUA, said reopening the application process is an unnecessary step and expense because Sethi is the next in line for the position after the application process.

"To open up the application at this date is not required by the constitution," he said. "We followed the proper provisions."

One election-related case to date has been heard with only four justices present, Driggs said.

January Contreras, associate justice, said the court discussed the matter of a tie vote before hearing that case and hoped they would not be confronted with the situation. A tie vote was avoided when one justice arrived late for the hearing.

The confirmation or denial of Dev Sethi will be decided at Graduate and Professional Student Council meeting Thursday at 5:30 p.m. at McClelland Hall Room 124.