HB 437: "An Act establishing the Judicial Officers Compensation Commission; relating to the compensation of supreme court justices, judges of the court of appeals, judges of the superior court, and district court judges; and providing for an effective date."
00HOUSE BILL NO. 437 01 "An Act establishing the Judicial Officers Compensation Commission; relating to 02 the compensation of supreme court justices, judges of the court of appeals, judges 03 of the superior court, and district court judges; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 22.05.140(a) is repealed and reenacted to read: 07 (a) The compensation of a supreme court justice shall be established by order 08 of the Judicial Officers Compensation Commission. 09 * Sec. 2. AS 22.07.090(a) is repealed and reenacted to read: 10 (a) The compensation of a judge of the court of appeals shall be established 11 by order of the Judicial Officers Compensation Commission. The compensation of a 12 judge may not be diminished during the term of office, unless by general law applying 13 to all salaried officers of the state. 14 * Sec. 3. AS 22.10.190(a) is repealed and reenacted to read:
01 (a) The compensation of a superior court judge shall be established by order 02 of the Judicial Officers Compensation Commission. 03 * Sec. 4. AS 22.15.220(a) is repealed and reenacted to read: 04 (a) The compensation of a district court judge shall be established by order of 05 the Judicial Officers Compensation Commission. 06 * Sec. 5. AS 22.15.230 is amended to read: 07 Sec. 22.15.230. ADDITIONAL COMPENSATION. Subject to rule of the 08 supreme court, a [DISTRICT JUDGE OR] magistrate shall receive a per diem 09 allowance and a transportation allowance commensurate with that authorized for other 10 state employees. 11 * Sec. 6. AS 39.23.240(b) is amended to read: 12 (b) The commission may review the compensation, benefits, and allowances 13 of the governor, lieutenant governor, [JUSTICES AND JUDGES OF THE COURT 14 SYSTEM,] and the heads of the principal departments and shall prepare a report of its 15 recommendations for the legislature. The commission shall notify the legislature that 16 the report is available. 17 * Sec. 7. AS 39.23 is amended by adding new sections to read: 18 ARTICLE 2. JUDICIAL OFFICERS COMPENSATION COMMISSION. 19 Sec. 39.23.500. JUDICIAL OFFICERS COMPENSATION COMMISSION 20 ESTABLISHED. (a) The Judicial Officers Compensation Commission is established 21 in the Office of the Governor. The commission is composed of five members 22 appointed by the governor. Members serve staggered terms of four years. 23 Commission membership shall include at least one business executive, one person with 24 experience in personnel management, one representative of a nonpartisan voters' 25 organization, one economist, and one lawyer. A vacancy shall be filled for the balance 26 of the unexpired term. A commission member may serve no more than two complete 27 consecutive terms. 28 (b) The commission shall elect a member to chair its meetings. A majority 29 of the commission members constitutes a quorum to transact business. The affirmative 30 vote of three members is required to approve the commission's report or an order on 31 compensation.
01 (c) The commission shall meet every other year at the call of the chair. Notice 02 of a meeting shall be mailed to each member at least 15 days before the date 03 scheduled for the meeting. 04 (d) The commission shall hold a public hearing to discuss its findings before 05 submitting its report or an order to the legislature. 06 Sec. 39.23.510. PROHIBITIONS AGAINST STATE OR MUNICIPAL 07 SERVICE. A member of the commission may not be employed by the state, including 08 the University of Alaska, serve as a member of another state board, commission, or 09 authority, or hold elective state or municipal office during membership on the 10 commission. 11 Sec. 39.23.520. COMPENSATION. Members of the commission serve 12 without compensation but are entitled to per diem and travel expenses authorized for 13 members of boards and commissions under AS 39.20.180. 14 Sec. 39.23.530. STAFF. (a) If requested by the commission, the Alaska Court 15 System shall provide staff for the commission. 16 (b) If requested by the commission, the director of personnel in the Alaska 17 Court System shall serve as secretary to the commission. 18 Sec. 39.23.540. DUTIES OF THE COMMISSION. (a) The commission shall 19 review the compensation of supreme court justices, judges of the court of appeals, 20 judges of the superior court, and district court judges. The commission shall submit 21 a report to the legislature on its findings every odd-numbered year no later than the 22 10th day of the regular session of the legislature. A commission member who does 23 not concur in the report may file a minority report. 24 (b) If the commission finds that compensation over which it has jurisdiction 25 should change, the commission shall submit an order with the report making changes 26 to the compensation. Before submitting a report or order on compensation, the 27 commission shall give reasonable public notice of its preliminary findings, solicit 28 public comments, and give due regard to the public comments. 29 (c) An order changing the compensation of a justice or judge takes effect 30 unless a bill disapproving the order in its entirety is enacted into law within 60 days 31 after the order is submitted to the legislature. Unless disapproved, an order increasing
01 the compensation of a justice or judge is subject to funding through legislative 02 appropriation and takes effect on the effective date of the first appropriation to fund 03 the increase. 04 (d) Unless disapproved, an order decreasing the compensation of the supreme 05 court justice, judges of the court of appeals, judges of the superior court, or district 06 court judges takes effect on the effective date of a general law applying to all salaried 07 officers of the state that diminishes compensation, but only if the order is consistent 08 with the general law. 09 Sec. 39.23.550. FILING WITH LIEUTENANT GOVERNOR AND 10 CERTIFICATION. The commission shall, upon transmitting an order on 11 compensation to the legislature, file the order in the office of the lieutenant governor. 12 When the order becomes effective, the commission shall certify the copy of the order 13 on file in the office of the lieutenant governor. 14 Sec. 39.23.560. POLICY OF THE LEGISLATURE. It is the policy of the 15 legislature that the commission determine an equitable rate and form of compensation 16 for supreme court justices, judges of the court of appeals, judges of the superior court, 17 and district court judges. In determining the compensation for each office, the 18 commission shall consider the following factors: 19 (1) the skill required; 20 (2) the time required; 21 (3) the opportunity for other earned income; 22 (4) the value of judicial services as performed in other states and in the 23 federal government; 24 (5) the value of similar services when performed in the private sector 25 of this state and in other states based on the responsibility and discretion required in 26 the office; 27 (6) the reasonable expenses incurred in performing the judicial service; 28 (7) the percentage change in the Consumer Price Index for Anchorage, 29 Alaska, as determined by the United States Department of Labor, Bureau of Labor 30 Statistics since the last compensation adjustment; 31 (8) the compensation presently received by the judicial officers and all
01 other benefits received; 02 (9) the interests and welfare of the public and the financial ability of 03 the state to meet the costs; 04 (10) the geographic cost-of-living based on a judicial officer's primary 05 place of assignment; 06 (11) the cost-of-living differential between Anchorage, Alaska, and 07 other locations in the United States; and 08 (12) other factors that are normally or traditionally considered in the 09 determination of compensation. 10 Sec. 39.23.570. ADMINISTRATIVE PROCEDURE ACT. The regulation- 11 making provisions of AS 44.62 (Administrative Procedure Act) do not apply to proceedings 12 of the commission. 13 Sec. 39.23.600. DEFINITIONS. In this chapter, 14 (1) "commission" means the Judicial Officers Compensation 15 Commission; 16 (2) "compensation" means the salary and per diem paid a judicial 17 officer. 18 * Sec. 8. AS 22.05.140(c), 22.05.140(d); AS 22.07.090(c); AS 22.10.190(c), 22.10.190(d); 19 AS 22.15.220(d), 22.15.220(e); AS 22.35.010; and AS 39.27.011(d) are repealed. 20 * Sec. 9. Notwithstanding AS 39.05.055(5) and the provisions of AS 39.23.500, enacted 21 by sec. 7 of this Act, one of the initial members appointed to the Judicial Officers 22 Compensation Commission shall serve a one-year term, one member shall serve a two-year 23 term, one member shall serve a three-year term, and two members shall serve four-year terms. 24 * Sec. 10. When the Judicial Officers Compensation Commission files its first order 25 changing the compensation of justices of the supreme court or judges of the court of appeals, 26 superior court, or district court, it shall address the compensation of all of those judicial 27 offices in the order. 28 * Sec. 11. Sections 1 - 5 and 8 of this Act take effect on the date that the first order 29 changing the compensation of justices and judges issued by the Judicial Officers 30 Compensation Commission takes effect. 31 * Sec. 12. Sections 6, 7, 9, and 10 of this Act take effect immediately under
01 AS 01.10.070(c).