A Student Association Student Court member is facing questions over his appointment to the judicial body and is being urged by a senator to resign.

Sen. Ben Traverse (U-CCAS) claimed that Eric Daleo, a first-year graduate student and judge on the court, was unconstitutionally appointed to his position last spring. Traverse said if Daleo does not resign, he will file a suit in the student court this fall.

Last year, former SA President Kris Hart nominated Daleo, who was a senior and the Senate’s executive vice president, for a seat on the student court. After Hart’s nomination, the SA Senate confirmed him as the appointee to that seat.

“The (SA) Constitution states that you must be a graduate student at the time of the appointment, and at the time of Eric’s appointment he was an undergraduate student,” said Traverse, who is chair of the Senate’s rules committee. “It’s a very clear-cut issue.”

Traverse emphasized that he has no personal resentment toward Daleo, and that he is just trying to remedy a legal discrepancy.

“My goal in all of this is that I don’t want a court case to come up where the legitimacy of the case has to be challenged because someone is challenging the legitimacy of Eric Daleo’s being on the court,” Traverse said. “I just want to get this out of the way now.”

He added, “I don’t think there is anyone out there more qualified than Eric.”

While SA officials insist that their opposition to Daleo is purely procedural, the former EVP is seen by many as being part of the old guard that they are trying to distance themselves from. But no SA officials would comment when asked about their personal feelings toward Daleo.

Traverse said he would file a court case if no action is taken by Daleo or the student court. But he added that the student judge can retain his position if he resigns and is reconsidered for the seat by SA President Omar Woodard.

“I would reappoint Eric if he steps down, but I’m not asking him to resign his seat,” Woodard said. “Even though everyone knew he was going to be a graduate student, unfortunately he was wrongly appointed based on a technicality.”

But some SA officials said they see no need for any action to be taken by the student court.

“Last year’s Senate unanimously confirmed Eric as an undergraduate nominee,” said Lee Roupas, who was on the SA Senate when Daleo was approved to the court.

Daleo said he has “no course of action” on the issue and refused to comment on Traverse’s actions.

–Michael Barnett contributed to this report.