CSSB 161(JUD): "An Act relating to the withholding of salary of justices, judges, and magistrates; relating to prompt decisions by justices, judges, and magistrates; and relating to judicial retention elections for judicial officers; and providing for an effective date."
00 CS FOR SENATE BILL NO. 161(JUD) 01 "An Act relating to the withholding of salary of justices, judges, and magistrates; 02 relating to prompt decisions by justices, judges, and magistrates; and relating to judicial 03 retention elections for judicial officers; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.58.020 is amended to read: 06 Sec. 15.58.020. Contents of pamphlet. Each election pamphlet must contain 07 (1) photographs and campaign statements submitted by eligible 08 candidates for elective office in the region and the following explanation concerning 09 AS 15.58.050(2) for each judicial officer who has not been issued a salary 10 warrant: 11 This judicial officer was not issued one or more salary warrants. In order 12 for each judicial officer to receive a salary, state law requires the judicial officer 13 to file an affidavit that no case or matter has been uncompleted or undecided by 14 the judicial officer for a period of more than six months and, if applicable, by the
01 appellate court of which the judicial officer is a member for a period of not more 02 than an additional six months; 03 (2) information and recommendations filed under AS 15.58.050 on 04 judicial officers subject to a retention election in the region; 05 (3) a map of the house district or districts of the region; 06 (4) sample ballots for house districts of the region; 07 (5) an absentee ballot application; 08 (6) for each ballot proposition submitted to the voters by initiative or 09 referendum petition or by the legislature, 10 (A) the full text of the proposition specifying constitutional or 11 statutory provisions proposed to be affected; 12 (B) the ballot title and the summary of the proposition prepared 13 by the director or by the lieutenant governor; 14 (C) a neutral summary of the proposition prepared by the 15 Legislative Affairs Agency; 16 (D) statements submitted that advocate voter approval or 17 rejection of the proposition not to exceed 500 words; 18 (7) for each bond question, a statement of the scope of each project as 19 it appears in the bond authorization; 20 (8) a maximum of two pages of material submitted by each political 21 party; 22 (9) additional information on voting procedures that the lieutenant 23 governor considers necessary; 24 (10) for the question whether a constitutional convention shall be 25 called, 26 (A) a full statement of the question placed on the ballot; 27 (B) statements not to exceed 500 words that advocate voter 28 approval or rejection of the question; 29 (11) under AS 37.13.170, the Alaska permanent fund annual income 30 statement and balance sheet for the two fiscal years preceding the publication of the 31 election pamphlet.
01 * Sec. 2. AS 15.58.050 is amended to read: 02 Sec. 15.58.050. Information and recommendations on judicial officers. 03 No later than August 7 of the year in which the state general election will be held, the 04 (1) judicial council shall file with the lieutenant governor a statement 05 including information about each supreme court justice, court of appeals judge, 06 superior court judge, and district court judge who will be subject to a retention 07 election; the [. THE] statement must [SHALL] reflect the evaluation of each justice 08 or judge conducted by the judicial council according to law and must [SHALL] 09 contain a brief statement describing each public reprimand, public censure, or 10 suspension received by the judge under AS 22.30.011(d) during the period covered in 11 the evaluation; each [. A] statement may not exceed 600 words; 12 (2) administrative director of the Alaska Court System shall file 13 with the lieutenant governor information about the timeliness of opinions or 14 decisions in matters referred to each supreme court justice, court of appeals 15 judge, superior court judge, and district court judge who will be subject to a 16 retention election and the number of times each justice or judge has not been 17 issued a salary warrant due to the operation of AS 22.05.140(b), AS 22.07.090(b), 18 AS 22.10.190(b), or AS 22.15.220(c); the information concerning timeliness of 19 opinions or decisions must specify the number of opinions or decisions rendered 20 within four months, five through seven months, eight through 12 months, and 21 over 12 months following the trial, hearing, or oral argument of the matter, or, if 22 there is no trial, hearing, or oral argument, within four months, five through 23 seven months, eight through 12 months, and over 12 months following the last 24 responsive document concerning the matter permitted under court rules. 25 * Sec. 3. AS 22.05.140(b) is amended to read: 26 (b) A salary warrant may not be issued to a justice of the supreme court until 27 the justice has filed with the state officer designated to issue salary warrants an 28 affidavit that (1) no matter referred to the justice for opinion or decision has been 29 uncompleted or undecided by the justice for a period of more than six months 30 following the oral argument of the matter or, if there is no oral argument, for a 31 period of more than six months following the filing of the last responsive
01 document concerning the matter permitted under the court rules, and (2) no 02 matter referred to the court for opinion or decision has been uncompleted or 03 undecided for a period of more than 12 months following the oral argument of 04 the matter or, if there is no oral argument, for a period of more than 12 months 05 following the filing of the last responsive document concerning the matter 06 permitted under the court rules. The affidavit must be submitted under oath, 07 must be in a form approved by the Department of Administration, and must 08 contain a statement that the affiant is aware that making a false statement in the 09 affidavit is punishable as perjury under AS 11.56.200. 10 * Sec. 4. AS 22.05.140 is amended by adding a new subsection to read: 11 (e) Notwithstanding (b)(2) of this section, during the first six months a justice 12 serves on the court, the 12-month time period for completion or decision referred to in 13 that paragraph shall be 14 months. 14 * Sec. 5. AS 22.07.090(b) is amended to read: 15 (b) A salary warrant may not be issued to a judge of the court of appeals until 16 the judge has filed with the state officer designated to issue salary warrants an 17 affidavit that (1) no matter referred to the judge for opinion or decision has been 18 uncompleted or undecided by the judge for a period of more than six months 19 following the oral argument of the matter or, if there is no oral argument, for a 20 period of more than six months following the filing of the last responsive 21 document concerning the matter permitted under the court rules, and (2) no 22 matter referred to the court for opinion or decision has been uncompleted or 23 undecided by the court for a period of more than 12 months following the oral 24 argument of the matter or, if there is no oral argument, for a period of more than 25 12 months following the filing of the last responsive document concerning the 26 matter permitted under the court rules. The affidavit must be submitted under 27 oath, must be in a form approved by the Department of Administration, and 28 must contain a statement that the affiant is aware that making a false statement 29 in the affidavit is punishable as perjury under AS 11.56.200. 30 * Sec. 6. AS 22.07.090 is amended by adding a new subsection to read: 31 (d) Notwithstanding (b)(2) of this section, during the first six months a justice
01 serves on the court, the 12-month time period for completion or decision referred to in 02 that paragraph shall be 14 months. 03 * Sec. 7. AS 22.10.190(b) is amended to read: 04 (b) A salary warrant may not be issued to a superior court judge until the 05 judge has filed with the state officer designated to issue salary warrants an affidavit 06 that no matter referred to the judge for opinion or decision has been uncompleted or 07 undecided by the judge for a period of more than six months following the trial, 08 hearing, or oral argument of the matter or, if there is no trial, hearing, or oral 09 argument, for a period of more than six months following the filing of the last 10 responsive document concerning the matter permitted under the court rules. 11 The affidavit must be submitted under oath, must be in a form approved by the 12 Department of Administration, and must contain a statement that the affiant is 13 aware that making a false statement in the affidavit is punishable as perjury 14 under AS 11.56.200. 15 * Sec. 8. AS 22.15.220(c) is amended to read: 16 (c) A salary warrant may not be issued to a district judge or magistrate until 17 the judge or magistrate has filed with the state officer designated to issue salary 18 warrants [,] an affidavit that no matter referred to the judge or magistrate for opinion 19 or decision has been uncompleted or undecided by the judge or magistrate for a period 20 of more than six months following the trial, hearing, or oral argument of the 21 matter or, if there is no trial, hearing, or oral argument, for a period of more 22 than six months following the filing of the last responsive document concerning 23 the matter permitted under the court rules. The affidavit must be submitted 24 under oath, must be in a form approved the Department of Administration, and 25 must contain a statement that the affiant is aware that making a false statement 26 in the affidavit is punishable as perjury under AS 11.56.200. 27 * Sec. 9. This Act takes effect January 1, 2004.