txt

HJR 17: 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.

00HOUSE JOINT RESOLUTION NO. 17 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. 06 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. Article IV, sec. 5, Constitution of the State of Alaska, is amended to read: 08  Section 5. Nomination and Appointment ; Legislative Confirmation of 09 Justices and of Judges in Courts of Record Exercising Appellate Jurisdiction . (a) 10 The governor shall fill any vacancy in an office of supreme court justice or in an 11 office of judge in a court that is established by the legislature as a court of record 12 having as its exclusive purpose the exercise of appellate jurisdiction in judicial 13 actions and proceedings by selecting one of two or more persons nominated by the 14 judicial council. However, the governor's selection of a supreme court justice or

01 of a judge for a vacancy in a court described in this subsection is subject to 02 presentation to the legislature and to confirmation by a majority of the members 03 of the legislature in joint session. A person selected to fill a vacancy in an office 04 of supreme court justice or in an office of judge in a court described in this 05 subsection does not qualify to take and subscribe the oath of office prescribed for 06 and to assume the duties of the office until confirmed by a majority of the 07 members of the legislature in joint session. If, at the regular or special session at 08 which the person's name is presented, the legislature fails or refuses to confirm 09 a person selected by the governor to fill a vacancy in an office of supreme court 10 justice or in an office of judge in a court described in this subsection, the person 11 may not thereafter be selected by the governor for a vacancy in an office of 12 supreme court justice or in an office of judge in a court described in this 13 subsection until the legislature that is chosen at the next general election has first 14 convened. 15  (b) The governor shall fill any vacancy in an office of superior court judge 16 by appointing one of two or more persons nominated by the judicial council. 17 * Sec. 2. Article IV, sec. 6, Constitution of the State of Alaska, is amended to read: 18  Section 6. Public Approval or Rejection of Justices and Judges . Each 19 supreme court justice and each judge of a court described in Section 5(a) of this 20 article shall, in the manner provided by law, be subject to approval or rejection 21 on a nonpartisan ballot at the first general election held more than three years 22 after the justice or judge takes and subscribes the oath of office as a justice or 23 judge. Each [AND] superior court judge shall, in the manner provided by law, be 24 subject to approval or rejection on a nonpartisan ballot at the first general election held 25 more than three years after [HIS] appointment. Thereafter, each supreme court justice 26 shall be subject to approval or rejection in a like manner every tenth year, and each 27 superior court judge, every sixth year. 28 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 29 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 30 State of Alaska, and the election laws of the state.