HJR 18: Proposing amendments to the Constitution of the State of Alaska relating to the election of judges, establishing a court of appeals, establishing district courts, and repealing the Judicial Council.
00 HOUSE JOINT RESOLUTION NO. 18 01 Proposing amendments to the Constitution of the State of Alaska relating to the election 02 of judges, establishing a court of appeals, establishing district courts, and repealing the 03 Judicial Council. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article IV, sec. 1, Constitution of the State of Alaska, is amended to read: 06 Section 1. Judicial Power and Jurisdiction. The judicial power of the State is 07 vested in a supreme court, a court of appeals, a superior court, district courts, and 08 the courts established by the legislature. The jurisdiction of courts shall be prescribed 09 by law. The courts shall constitute a unified judicial system for operation and 10 administration. Judicial districts shall be established by law. 11 * Sec. 2. Article IV, sec. 2(a), Constitution of the State of Alaska, is amended to read: 12 (a) The supreme court shall be the highest court of the State, with final 13 appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. 14 Justices shall be elected by the qualified voters of the State at a general election. 15 The term of office of a justice is four years, beginning at noon on the first
01 Monday in December following the election and ending at noon on the first 02 Monday in December four years later. The number of justices may be increased by 03 law upon the request of the supreme court. 04 * Sec. 3. Article IV, sec. 3, Constitution of the State of Alaska, is amended to read: 05 Section 3. Superior Court. The superior court shall be the trial court of 06 general jurisdiction and shall consist of five judges. Judges shall be elected by the 07 qualified voters of the respective judicial districts at a general election. The term 08 of office of a judge is four years, beginning at noon on the first Monday in 09 December following the election and ending at noon on the first Monday in 10 December four years later. The number of judges may be changed by law. 11 * Sec. 4. Article IV, sec. 4, Constitution of the State of Alaska, is amended to read: 12 Section 4. Qualifications of Justices and Judges. Supreme court justices, 13 court of appeals judges, [AND] superior court judges, and district court judges 14 shall be citizens of the United States and of the State, licensed to practice law in the 15 State, and possessing any additional qualifications prescribed by law. Judges of other 16 courts shall be selected in a manner, for terms, and with qualifications prescribed by 17 law. 18 * Sec. 5. Article IV, sec. 13, Constitution of the State of Alaska, is amended to read: 19 Section 13. Compensation. Justices, judges, and members of the [JUDICIAL 20 COUNCIL AND THE] Commission on Judicial Qualifications shall receive 21 compensation as prescribed by law. Compensation of justices and judges shall not be 22 diminished during their terms of office, unless by general law applying to all salaried 23 officers of the State. 24 * Sec. 6. Article IV, Constitution of the State of Alaska, is amended by adding new sections 25 to read: 26 Section 17. Court of Appeals. The court of appeals shall consist of three 27 judges. Judges shall be elected by the qualified voters of the State at a general election. 28 The term of office of a judge is two years, beginning at noon on the first Monday in 29 December following the election and ending at noon on the first Monday in December 30 two years later. The number of judges may be changed by law. The court of appeals 31 has appellate jurisdiction in actions and proceedings commenced in the superior court
01 involving criminal prosecution and other matters as prescribed by law. 02 Section 18. District Court. There is established a district court for each 03 judicial district of the superior court of this State. The district courts shall consist of 04 nineteen judges assigned to a district court in the manner provided by law. Judges 05 shall be elected by the qualified voters of the respective judicial district at a general 06 election. The term of office of a judge is two years, beginning at noon on the first 07 Monday in December following the election and ending at noon on the first Monday 08 in December two years later. The number of judges may be changed by law. The 09 district courts have jurisdiction of civil and criminal cases and other matters as 10 provided by law. A party may appeal a judgment of a district court to the superior 11 court. 12 Section 19. Vacancies. A vacancy in an office of a supreme court justice, an 13 appellate court judge, a superior court judge, or a district court judge shall be filled for 14 the unexpired term as provided by law. If no provision is made, the governor shall fill 15 the vacancy by appointment. 16 * Sec. 7. Article XV, Constitution of the State of Alaska, is amended by adding a new 17 section to read: 18 Section 30. Application of Amendment Relating to the Election of Justices 19 and Judges. Each supreme court justice and superior court judge who is subject to 20 approval or rejection under Section 6 of Article IV, as it read prior to the adoption of 21 this amendment, shall not be subject to approval or rejection on or after the date of 22 adoption of this amendment but shall be subject to election at the next general election 23 in the manner provided by law. 24 * Sec. 8. Article IV, secs. 5 - 9, and art. XV, sec. 16, Constitution of the State of Alaska, are 25 repealed. 26 * Sec. 9. The amendments proposed by this resolution shall be placed before the voters of 27 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 28 State of Alaska, and the election laws of the state.