CSSB 161(FIN): "An Act relating to the withholding of salary of justices, judges, and magistrates; relating to prompt decisions by justices, judges, and magistrates; relating to judicial retention elections for judicial officers; and providing for an effective date."
00 CS FOR SENATE BILL NO. 161(FIN) 01 "An Act relating to the withholding of salary of justices, judges, and magistrates; 02 relating to prompt decisions by justices, judges, and magistrates; 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. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 INTENT. It is the intent of the legislature that the Alaska Supreme Court adopt rules 08 sufficient to require the judicial officers of the state to conduct their business promptly, with 09 the goal that virtually all trial court matters under advisement be decided within six months; 10 that a majority of appellate cases be decided within six months following the oral argument of 11 the case or, if there is no oral argument, within six months following the date that the case is 12 taken under advisement; that virtually all appellate cases be decided within one year following 13 the oral argument of the case or, if there is no oral argument, within one year following the 14 date that the case is taken under advisement; and that no appellate case takes longer than two
01 years following the oral argument of the case or, if there is no oral argument, following the 02 date that the case is taken under advisement. 03 * Sec. 2. AS 15.58.020 is amended to read: 04 Sec. 15.58.020. Contents of pamphlet. Each election pamphlet must contain 05 (1) photographs and campaign statements submitted by eligible 06 candidates for elective office in the region and the following explanation concerning 07 AS 15.58.050(2) for each judicial officer who has not been issued a salary 08 warrant: 09 This judicial officer was not issued one or more salary warrants. In order 10 for each judicial officer to receive a salary, state law requires the judicial officer 11 to file an affidavit that no matter has been uncompleted or undecided by the 12 judicial officer for a period of more than six months; 13 (2) information and recommendations filed under AS 15.58.050 on 14 judicial officers subject to a retention election in the region; 15 (3) a map of the house district or districts of the region; 16 (4) sample ballots for house districts of the region; 17 (5) an absentee ballot application; 18 (6) for each ballot proposition submitted to the voters by initiative or 19 referendum petition or by the legislature, 20 (A) the full text of the proposition specifying constitutional or 21 statutory provisions proposed to be affected; 22 (B) the ballot title and the summary of the proposition prepared 23 by the director or by the lieutenant governor; 24 (C) a neutral summary of the proposition prepared by the 25 Legislative Affairs Agency; 26 (D) statements submitted that advocate voter approval or 27 rejection of the proposition not to exceed 500 words; 28 (7) for each bond question, a statement of the scope of each project as 29 it appears in the bond authorization; 30 (8) a maximum of two pages of material submitted by each political 31 party;
01 (9) additional information on voting procedures that the lieutenant 02 governor considers necessary; 03 (10) for the question whether a constitutional convention shall be 04 called, 05 (A) a full statement of the question placed on the ballot; 06 (B) statements not to exceed 500 words that advocate voter 07 approval or rejection of the question; 08 (11) under AS 37.13.170, the Alaska permanent fund annual income 09 statement and balance sheet for the two fiscal years preceding the publication of the 10 election pamphlet. 11 * Sec. 3. AS 15.58.050 is amended to read: 12 Sec. 15.58.050. Information and recommendations on judicial officers. 13 No later than August 7 of the year in which the state general election will be held, the 14 (1) judicial council shall file with the lieutenant governor a statement 15 including information about each supreme court justice, court of appeals judge, 16 superior court judge, and district court judge who will be subject to a retention 17 election; the [. THE] statement must [SHALL] reflect the evaluation of each justice 18 or judge conducted by the judicial council according to law and must [SHALL] 19 contain a brief statement describing each public reprimand, public censure, or 20 suspension received by the judge under AS 22.30.011(d) during the period covered in 21 the evaluation; each [. A] statement may not exceed 600 words; 22 (2) administrative director of the Alaska Court System shall file 23 with the lieutenant governor information about the timeliness of opinions or 24 decisions in matters referred to each supreme court justice, court of appeals 25 judge, superior court judge, and district court judge who will be subject to a 26 retention election and the number of times each justice or judge has not been 27 issued a salary warrant due to the operation of AS 22.05.140(b), AS 22.07.090(b), 28 AS 22.10.190(b), or AS 22.15.220(c). 29 * Sec. 4. AS 22.05.140(b) is amended to read: 30 (b) A salary warrant may not be issued to a justice of the supreme court until 31 the justice has filed with the state officer designated to issue salary warrants an
01 affidavit that (1) no matter referred to the justice for opinion or decision has been 02 uncompleted or undecided by the justice for a period of more than six months 03 following the oral argument of the matter or, if there is no oral argument, for a 04 period of more than six months following the date the matter is taken under 05 advisement. The affidavit must be submitted under oath, must be in a form 06 approved by the Department of Administration, and must contain a statement 07 that the affiant is aware that making a false statement in the affidavit is 08 punishable as perjury under AS 11.56.200. 09 * Sec. 5. AS 22.07.090(b) is amended to read: 10 (b) A salary warrant may not be issued to a judge of the court of appeals until 11 the judge has filed with the state officer designated to issue salary warrants an 12 affidavit that (1) no matter referred to the judge for opinion or decision has been 13 uncompleted or undecided by the judge for a period of more than six months 14 following the oral argument of the matter or, if there is no oral argument, for a 15 period of more than six months following the date the matter is taken under 16 advisement. The affidavit must be submitted under oath, must be in a form 17 approved by the Department of Administration, and must contain a statement 18 that the affiant is aware that making a false statement in the affidavit is 19 punishable as perjury under AS 11.56.200. 20 * Sec. 6. AS 22.10.190(b) is amended to read: 21 (b) A salary warrant may not be issued to a superior court judge until the 22 judge has filed with the state officer designated to issue salary warrants an affidavit 23 that no matter referred to the judge for opinion or decision has been uncompleted or 24 undecided by the judge for a period of more than six months following the trial, 25 hearing, or oral argument of the matter or, if there is no trial, hearing, or oral 26 argument, for a period of more than six months following the date the matter is 27 taken under advisement. The affidavit must be submitted under oath, must be in 28 a form approved by the Department of Administration, and must contain a 29 statement that the affiant is aware that making a false statement in the affidavit 30 is punishable as perjury under AS 11.56.200. 31 * Sec. 7. AS 22.15.220(c) is amended to read:
01 (c) A salary warrant may not be issued to a district judge or magistrate until 02 the judge or magistrate has filed with the state officer designated to issue salary 03 warrants [,] an affidavit that no matter referred to the judge or magistrate for opinion 04 or decision has been uncompleted or undecided by the judge or magistrate for a period 05 of more than six months following the trial, hearing, or oral argument of the 06 matter or, if there is no trial, hearing, or oral argument, for a period of more 07 than six months following the date the matter is taken under advisement. The 08 affidavit must be submitted under oath, must be in a form approved the 09 Department of Administration, and must contain a statement that the affiant is 10 aware that making a false statement in the affidavit is punishable as perjury 11 under AS 11.56.200. 12 * Sec. 8. AS 22.20.300 is amended by adding a new subsection to read: 13 (b) Annually not later than January 31, the administrative director of the 14 Alaska court system shall report to the legislature on the number of matters in all the 15 courts of the state that have been (1) referred to a judicial officer for opinion or 16 decision and that have been uncompleted or undecided for a period of more than six 17 months following the oral argument of the matter or, if there is no oral argument, for a 18 period of more than six months following the date the matter is taken under 19 advisement, and (2) undecided for a period of more than one year following the oral 20 argument of the matter or, if there is no oral argument, for a period of one year 21 following the date the matter is taken under advisement. The administrative director 22 shall also provide a list of appellate cases decided during the preceding calendar year 23 that were undecided for a period of more than one year following the oral argument of 24 the case or, if there was no oral argument, for a period of more than one year 25 following the date the case was taken under advisement. This list shall include case 26 names, case numbers, and relevant and appropriate statistical information for each 27 case. 28 * Sec. 9. AS 39.25.080(b) is amended to read: 29 (b) The following information is available for public inspection, subject to 30 reasonable regulations on the time and manner of inspection: 31 (1) the names and position titles of all state employees;
01 (2) the position held by a state employee; 02 (3) prior positions held by a state employee; 03 (4) whether a state employee is in the classified, partially exempt, or 04 exempt service; 05 (5) the dates of appointment and separation of a state employee; 06 [AND] 07 (6) the compensation authorized for a state employee; and 08 (7) whether a salary warrant has been withheld from a justice, 09 judge, or magistrate under AS 22.05.140(b), AS 22.07.090(b), AS 22.10.190(b), or 10 AS 22.15.220(c). 11 * Sec. 10. This Act takes effect January 1, 2004.