SB 200: "An Act relating to the selection and retention of judicial officers for the court of appeals and the district court and of magistrates; relating to the duties of the judicial council; relating to the duties of the Commission on Judicial Conduct; and relating to retention or rejection of a judicial officer."
00 SENATE BILL NO. 200 01 "An Act relating to the selection and retention of judicial officers for the court of 02 appeals and the district court and of magistrates; relating to the duties of the judicial 03 council; relating to the duties of the Commission on Judicial Conduct; and relating to 04 retention or rejection of a judicial officer." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.15.030(10) is amended to read: 07 (10) A nonpartisan ballot shall be designed for each judicial district in 08 which a justice, [OR] judge, or magistrate is seeking retention in office. The ballot 09 shall be divided into five [FOUR] parts. Each part must bear a heading indicating the 10 court or position to which the candidate is seeking approval, and provision shall be 11 made for marking each question "Yes" or "No." Within each part, the question of 12 whether the justice, [OR] judge, or magistrate shall be approved or rejected shall be 13 set out in substantially the following manner: 14 (A) "Shall . . . . . . . be retained as justice of the supreme court
01 for 10 years?"; 02 (B) "Shall . . . . . . . . . be retained as judge of the court of 03 appeals for eight years?"; 04 (C) "Shall . . . . . . . be retained as judge of the superior court 05 for six years?"; [OR] 06 (D) "Shall . . . . . . . be retained as judge of the district court for 07 four years?"; or 08 (E) "Shall . . . . . . . be retained as a magistrate for four 09 years?" 10 * Sec. 2. AS 15.35.100 is amended to read: 11 Sec. 15.35.100. Approval or rejection of district judge or magistrate. (a) 12 Each district judge and each magistrate shall be subject to approval or rejection at 13 the first general election held more than two years after the judge's or magistrate's 14 appointment under the provisions of AS 22.15.170. If approved, the judge or 15 magistrate shall thereafter be subject to approval or rejection in a like manner every 16 fourth year. 17 (b) The district judge or magistrate shall seek approval in the judicial district 18 in which the judge or magistrate was originally appointed, or in the district where the 19 judge or magistrate has served the major portion of the judge's or magistrate's term. 20 The district judge or magistrate shall designate on the declaration of candidacy the 21 judicial district in which the judge or magistrate was appointed, or the district where 22 the judge or magistrate has served the major portion of the judge's or magistrate's 23 term. 24 * Sec. 3. AS 15.35.110 is amended to read: 25 Sec. 15.35.110. Filing declaration by district judge or magistrate. Each 26 district judge and each magistrate seeking retention in office shall file with the 27 director a declaration of candidacy for retention not [NO] later than August 1 before 28 the general election at which approval or rejection is required [REQUISITE]. 29 * Sec. 4. AS 15.35.120 is amended to read: 30 Sec. 15.35.120. Requirement of filing fee for district court or magistrate 31 candidate. At the time the declaration is filed, each candidate for retention on the
01 district court or as a magistrate position shall pay a filing fee of $30 to the director. 02 * Sec. 5. AS 15.35.130 is amended to read: 03 Sec. 15.35.130. Placing name of district judge or magistrate on ballot. The 04 director shall place the name of a district judge or magistrate who has properly filed a 05 declaration of candidacy for retention on the ballot in the judicial district designated in 06 the declaration of candidacy for the general election at which approval is sought. 07 * Sec. 6. AS 15.35.135 is amended to read: 08 Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 09 election ballot. (a) Notice of withdrawal of candidacy for retention for a supreme 10 court justice, judge of the court of appeals, superior court judge, [OR] district court 11 judge, or magistrate must be in writing over the signature of the candidate. 12 (b) The name of a candidate for retention for supreme court justice, judge of 13 the court of appeals, superior court judge, [OR] district court judge, or magistrate 14 must appear on the general election ballot unless notice under (a) of this section of 15 withdrawal of candidacy is received by the director at least 64 days before the date of 16 the general election. 17 * Sec. 7. AS 15.58.050 is amended to read: 18 Sec. 15.58.050. Information and recommendations on judicial officers. Not 19 [NO] later than August 7 of the year in which the state general election will be held, 20 the Commission on Judicial Conduct [JUDICIAL COUNCIL] shall file with the 21 lieutenant governor a statement including information about each supreme court 22 justice, court of appeals judge, superior court judge, [AND] district court judge, and 23 magistrate who will be subject to a retention election. The statement shall reflect the 24 evaluation of each justice, [OR] judge, or magistrate conducted by the Commission 25 on Judicial Conduct [JUDICIAL COUNCIL] according to law and shall contain a 26 brief statement describing each public reprimand, public censure, or suspension 27 received by the judge or magistrate under AS 22.30.011(d) during the period covered 28 in the evaluation. A statement may not exceed 600 words. 29 * Sec. 8. AS 15.58.060(a) is amended to read: 30 (a) Each general election candidate shall pay to the lieutenant governor at the 31 time of filing material under this chapter the following:
01 (1) President or Vice-President of the United States, United States 02 senator, United States representative, governor, lieutenant governor, supreme court 03 justice, and court of appeals judge, $300 each; 04 (2) superior court judge, [AND] district court judge, and magistrate, 05 $150 each; 06 (3) state senator and state representative, $100 each. 07 * Sec. 9. AS 15.58.060(c) is amended to read: 08 (c) There is no charge for statements and recommendations submitted by the 09 Commission on Judicial Conduct [JUDICIAL COUNCIL] or for statements 10 advocating approval or rejection of a proposition submitted to the voters for approval. 11 * Sec. 10. AS 22.05.100 is amended to read: 12 Sec. 22.05.100. Approval or rejection. Each supreme court justice is subject 13 to approval or rejection as provided in AS 15 (Alaska Election Code). The 14 Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an 15 evaluation of each justice before the retention election and shall provide to the public 16 information about that justice and may provide a recommendation regarding retention 17 or rejection. The information and any recommendation shall be made public at least 60 18 days before the retention election. The Commission on Judicial Conduct 19 [JUDICIAL COUNCIL] shall also provide the information and any recommendation 20 to the office of the lieutenant governor in time for publication in the election pamphlet 21 under AS 15.58.050. If a majority of those voting on the question rejects the 22 candidacy, the rejected justice may not be appointed to fill any vacancy in the supreme 23 court, court of appeals, superior court, or district courts of the state for a period of four 24 years thereafter. 25 * Sec. 11. AS 22.07.060 is amended to read: 26 Sec. 22.07.060. Approval or rejection. Each judge of the court of appeals is 27 subject to approval or rejection as provided in AS 15 (Alaska Election Code). The 28 Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an 29 evaluation of each judge before the retention election and shall provide information to 30 the public about the judge and may provide a recommendation regarding retention or 31 rejection. The information and any recommendation shall be made public at least 60
01 days before the election. The Commission on Judicial Conduct [JUDICIAL 02 COUNCIL] shall also provide the information and any recommendation to the office 03 of the lieutenant governor in time for publication in the election pamphlet as required 04 by AS 15.58.050. If a majority of those voting on the question rejects the candidacy of 05 a judge, the rejected judge may not for a period of four years thereafter be appointed to 06 fill a vacancy in the supreme court, the court of appeals, the superior court, [OR] the 07 district court, or a magistrate position of the state. 08 * Sec. 12. AS 22.07.070 is amended to read: 09 Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 10 successor to fill an impending vacancy in the office of judge of the court of appeals 11 within 45 days after receiving nominations from the judicial council [,] by appointing, 12 for each actual or impending vacancy, one person who was [OF TWO OR MORE 13 PERSONS] nominated by the council or one person who was not nominated but is 14 qualified under AS 22.07.040. An appointment made under this section is subject 15 to confirmation by a majority of the members of the legislature in joint session 16 [FOR EACH ACTUAL OR IMPENDING VACANCY]. An appointment to fill an 17 impending vacancy becomes effective upon the later of either confirmation by the 18 legislature or the actual occurrence of the vacancy. 19 (b) The office of a judge of the court of appeals becomes vacant 90 days after 20 the election at which the judge is rejected by a majority of those voting on the question 21 or for which the judge fails to file a declaration of candidacy. Upon the occurrence of 22 (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the 23 election following failure of a judge to file a declaration of candidacy, the judicial 24 council shall meet within 90 days and submit to the governor the names of two or 25 more persons qualified for the judicial office; however, the 90-day period may be 26 extended by the judicial council with the concurrence of the supreme court. In the 27 event of an impending vacancy other than by reason of rejection or failure to file a 28 declaration of candidacy, the judicial council may meet at any time within the 90-day 29 period immediately preceding the effective date of the vacancy and submit to the 30 governor the names of two or more persons qualified for the judicial office. The 31 judicial council may submit to the governor the name of a candidate for judicial
01 office only if the judicial council determines that the judicial candidate 02 understands and is committed to strict constitutional interpretation of statutes 03 and regulations and adhering to legislative intent. 04 * Sec. 13. AS 22.10.150 is amended to read: 05 Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to 06 approval or rejection as provided in AS 15 (Alaska Election Code). The Commission 07 on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an evaluation of each 08 judge before the retention election and shall provide to the public information about 09 the judge and may provide a recommendation regarding retention or rejection. The 10 information and any recommendation shall be made public at least 60 days before the 11 retention election. The information shall include the judge's consideration of victims 12 when imposing sentence on persons convicted of felony offenses where the offenses 13 involve victims. The Commission on Judicial Conduct [JUDICIAL COUNCIL] 14 shall also provide the information and any recommendation to the office of the 15 lieutenant governor in time for publication in the election pamphlet under 16 AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 17 judge, the rejected judge may not for a period of four years thereafter be appointed to 18 fill any vacancy in the supreme court, court of appeals, superior court, or district 19 courts of the state. 20 * Sec. 14. AS 22.15.170(a) is amended to read: 21 (a) The governor shall fill a vacancy or appoint a successor to fill an 22 impending vacancy in an office of district judge or magistrate within 45 days after 23 receiving nominations from the judicial council by appointing, for each actual or 24 impending vacancy, one person who was [OF TWO OR MORE PERSONS] 25 nominated by the council or one person who was not nominated but is qualified 26 under AS 22.15.160. An appointment made under this section is subject to 27 confirmation by a majority of the members of the legislature in joint session. An 28 [FOR EACH ACTUAL OR IMPENDING VACANCY. THE] appointment to fill an 29 impending vacancy becomes effective upon the later of either confirmation by the 30 legislature or the actual occurrence of the vacancy. 31 * Sec. 15. AS 22.15.170(e) is amended to read:
01 (e) The office of a district court judge or magistrate becomes vacant 90 days 02 after the election at which the judge or magistrate is rejected by a majority of those 03 voting on the question or for which the judge or magistrate fails to file a declaration 04 of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of 05 rejection following an election; or (3) the election following failure of a judge or 06 magistrate to file a declaration of candidacy, the judicial council shall meet within 90 07 days and submit to the governor the names of two or more persons qualified for the 08 judicial office or magistrate position; except that this 90-day period may be extended 09 by the council with the concurrence of the supreme court. In the event of an 10 impending vacancy other than by reason of rejection or failure to file a declaration of 11 candidacy, the council may meet at any time within the 90-day period immediately 12 preceding the effective date of the vacancy and submit to the governor the names of 13 two or more persons qualified for the judicial office or magistrate position. The 14 judicial council may submit to the governor the name of a candidate for judicial 15 office or for a magistrate position only if the judicial council determines that the 16 judicial or magistrate candidate understands and is committed to strict 17 constitutional interpretation of statutes and regulations and adhering to 18 legislative intent. 19 * Sec. 16. AS 22.15.195 is amended to read: 20 Sec. 22.15.195. Approval or rejection. Each district court judge and 21 magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election 22 Code). The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct 23 an evaluation of each judge or magistrate before the retention election and shall 24 provide to the public information about the judge or magistrate and may provide a 25 recommendation regarding retention or rejection. The information and the 26 recommendation shall be made public at least 60 days before the election. The 27 Commission on Judicial Conduct [JUDICIAL COUNCIL] shall also provide the 28 information and any recommendation to the office of the lieutenant governor in time 29 for publication in the election pamphlet under AS 15.58.050. If a majority of those 30 voting on the question rejects the candidacy of a judge or magistrate, the rejected 31 judge or magistrate may not for a period of four years thereafter be appointed to fill
01 any vacancy in the supreme court, court of appeals, superior court, or district courts of 02 the state, or in a magistrate position. 03 * Sec. 17. AS 22.15.205 is amended to read: 04 Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 05 impeachment by the legislature for malfeasance or misfeasance in the performance of 06 official duties. Impeachment must originate in the senate and must be approved by 07 two-thirds vote of its members. The motion for impeachment must list fully the basis 08 for the proceeding. Trial on impeachment shall be conducted by the house of 09 representatives. A supreme court justice designated by the court shall preside at the 10 trial. Concurrence of two-thirds of the members of the house is required for a 11 judgment of impeachment. The judgment may not extend beyond removal from office, 12 but does not prevent proceedings in the courts on the same or related charges. 13 * Sec. 18. AS 22.30.011(a) is amended to read: 14 (a) The commission shall on its own motion or on receipt of a written 15 complaint inquire into an allegation that a judge or magistrate 16 (1) has been convicted of a crime punishable as a felony under state or 17 federal law or convicted of a crime that involves moral turpitude under state or federal 18 law; 19 (2) suffers from a disability that seriously interferes with the 20 performance of [JUDICIAL] duties and that is or may become permanent; 21 (3) within a period of not more than six years before the filing of the 22 complaint or before the beginning of the commission's inquiry based on its own 23 motion, committed an act or acts that constitute 24 (A) wilful misconduct in office; 25 (B) wilful and persistent failure to perform the [JUDICIAL] 26 duties of the judge or magistrate; 27 (C) conduct prejudicial to the administration of justice; 28 (D) conduct that brings the judicial office or magistrate's 29 office into disrepute; or 30 (E) conduct in violation of the code of judicial conduct; or 31 (4) is habitually intemperate.
01 * Sec. 19. AS 22.30.011(b) is amended to read: 02 (b) After preliminary informal consideration of an allegation, the commission 03 may exonerate the judge or magistrate, informally and privately admonish the judge 04 or magistrate, or recommend counseling. Upon a finding of probable cause, the 05 commission shall hold a formal hearing on the allegation. A hearing under this 06 subsection is public. Proceedings and records pertaining to proceedings that occur 07 before the commission holds a public hearing on an allegation are confidential, subject 08 to the provisions of AS 22.30.060(b). 09 * Sec. 20. AS 22.30.011(c) is amended to read: 10 (c) A judge or magistrate appearing before the commission at the hearing is 11 entitled to counsel, may present evidence, and may cross-examine witnesses. 12 * Sec. 21. AS 22.30.011(d) is amended to read: 13 (d) The commission shall, after a hearing held under (b) of this section, 14 (1) exonerate the judge or magistrate of the charges; or 15 (2) refer the matter to the supreme court with a recommendation that 16 the judge or magistrate be reprimanded, suspended, removed [,] or retired from 17 office, or publicly or privately censured by the supreme court. 18 * Sec. 22. AS 22.30.011(g) is amended to read: 19 (g) If the commission exonerates a judge or magistrate, a copy of the 20 proceedings and report of the commission may be made public on the request of the 21 judge or magistrate. 22 * Sec. 23. AS 22.30.070 is amended to read: 23 Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 24 censure of judges and magistrates. (a) A judge or magistrate is disqualified from 25 acting as a judge or magistrate, without loss of salary, while there is pending 26 (1) an indictment or an information charging the judge or magistrate 27 in the United States with a crime punishable as a felony under state [ALASKA] or 28 federal law; [,] or 29 (2) a recommendation to the supreme court by the commission for the 30 removal or retirement of the judge or magistrate. 31 (b) On recommendation of the commission, the supreme court may reprimand,
01 publicly or privately censure, or suspend a judge or magistrate from office without 02 salary when in the United States the judge or magistrate pleads guilty or no contest or 03 is found guilty of a crime punishable as a felony under state or federal law or of a 04 crime that involves moral turpitude under state or federal law. If the conviction is 05 reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 06 or magistrate's salary for the period of suspension. If the judge or magistrate is 07 suspended and the conviction becomes final, the supreme court shall remove the judge 08 or magistrate from office. 09 (c) On recommendation of the commission, the supreme court may (1) retire a 10 judge or magistrate for disability that seriously interferes with the performance of 11 duties and that is or may become permanent, and (2) reprimand, publicly or privately 12 censure, or remove a judge or magistrate for action, occurring not more than six 13 years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 14 or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 15 wilful and persistent failure to perform duties, habitual intemperance, conduct 16 prejudicial to the administration of justice, or conduct that brings the judicial office or 17 magistrate's office into disrepute. The effective date of retirement under (1) of this 18 subsection is the first day of the month coinciding with or after the date that the 19 supreme court files written notice with the commissioner of administration that the 20 judge or magistrate was retired for disability. A duplicate copy of the notice shall be 21 filed with the judicial council. 22 (d) A judge or magistrate retired by the supreme court shall be considered to 23 have retired voluntarily. A judge or magistrate removed by the supreme court is 24 ineligible for judicial office or for a magistrate position for a period of three years. 25 (e) A supreme court justice who has participated in proceedings involving a 26 judge or justice of any court or a magistrate may not participate in an appeal 27 involving that judge, [OR] justice, or magistrate in that particular matter. 28 * Sec. 24. AS 22.35 is amended by adding a new section to read: 29 Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 30 to support or oppose the retention or rejection of a judicial officer in an election under 31 AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme
01 court justice, including the chief justice, a judge of the court of appeals, a judge of the 02 superior court, a district court judge, or a magistrate. 03 (b) This section does not apply to the duties of the Commission on Judicial 04 Conduct under AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and 05 AS 22.15.195. 06 * Sec. 25. AS 22.15.170(c), 22.15.170(d); and AS 22.30.011(h) are repealed.