HJR 47: Proposing amendments to the Constitution of the State of Alaska relating to the nomination, selection, appointment, and public approval or rejection of justices of the supreme court and of judges of courts established by the legislature that have as an exclusive purpose the exercise of appellate jurisdiction over judicial acts and proceedings, and requiring legislative confirmation of those justices and judges and of the appointed members of the judicial council.
00HOUSE JOINT RESOLUTION NO. 47 01 Proposing amendments to the Constitution of the State of Alaska relating to the 02 nomination, selection, appointment, and public approval or rejection of justices of 03 the supreme court and of judges of courts established by the legislature that have 04 as an exclusive purpose the exercise of appellate jurisdiction over judicial acts and 05 proceedings, and requiring legislative confirmation of those justices and judges and 06 of the appointed members of the judicial council. 07 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. Article IV, sec. 5, Constitution of the State of Alaska, is amended to read: 09 Section 5. Nomination and Appointment ; Legislative Confirmation of 10 Justices and of Judges in Courts of Record Exercising Appellate Jurisdiction . (a) 11 The governor shall fill any vacancy in an office of supreme court justice or in an 12 office of judge in a court that is established by the legislature as a court of record 13 having as its exclusive purpose the exercise of appellate jurisdiction in judicial 14 actions and proceedings by selecting one of two or more persons nominated by the
01 judicial council. However, the governor's selection of a supreme court justice or 02 of a judge for a vacancy in a court described in this subsection is subject to 03 presentation to the legislature and to confirmation by a majority of the members 04 of the legislature in joint session. A person selected to fill a vacancy in an office 05 of supreme court justice or in an office of judge in a court described in this 06 subsection does not qualify to take and subscribe the oath of office prescribed for 07 and to assume the duties of the office until confirmed by a majority of the 08 members of the legislature in joint session. If, at the regular or special session at 09 which the person's name is presented, the legislature fails or refuses to confirm 10 a person selected by the governor to fill a vacancy in an office of supreme court 11 justice or in an office of judge in a court described in this subsection, the person 12 may not thereafter be selected by the governor for a vacancy in an office of 13 supreme court justice or in an office of judge in a court described in this 14 subsection until the legislature that is chosen at the next general election has first 15 convened. 16 (b) The governor shall fill any vacancy in an office of superior court judge 17 or in an office of judge in a court that is established by law other than a court 18 described in (a) of this section by appointing one of two or more persons nominated 19 by the judicial council. 20 * Sec. 2. Article IV, sec. 6, Constitution of the State of Alaska, is amended to read: 21 Section 6. Public Approval or Rejection of Justices and Judges . Each 22 supreme court justice and each judge of a court described in Section 5(a) of this 23 article shall, in the manner provided by law, be subject to approval or rejection 24 on a nonpartisan ballot at the first general election held more than three years 25 after taking and subscribing the oath of office as a justice or judge. Each [AND] 26 superior court judge shall, in the manner provided by law, be subject to approval or 27 rejection on a nonpartisan ballot at the first general election held more than three years 28 after [HIS] appointment. Thereafter, each supreme court justice shall be subject to 29 approval or rejection in a like manner every tenth year, and each superior court judge, 30 every sixth year. 31 * Sec. 3. Article IV, sec. 8, Constitution of the State of Alaska, is amended to read:
01 Section 8. Judicial Council. The judicial council shall consist of seven 02 members. Three attorney members shall be appointed for six-year terms by the 03 governing body of the organized state bar. Three non-attorney members shall be 04 appointed for six-year terms by the governor . Appointments under this section shall 05 be subject to confirmation by a majority of the members of the legislature in joint 06 session. Vacancies shall be filled for the unexpired term in like manner. 07 Appointments shall be made with due consideration to area representation and without 08 regard to political affiliation. The chief justice of the supreme court shall be ex-officio 09 the seventh member and chair [CHAIRMAN] of the judicial council. No member of 10 the judicial council, except the chief justice, may hold any other office or position of 11 profit under the United States or the State. The judicial council shall act by 12 concurrence of four or more members and according to rules that [WHICH] it adopts. 13 * Sec. 4. The amendments proposed by this resolution shall be placed before the voters of 14 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 15 State of Alaska, and the election laws of the state.