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HB 207: "An Act relating to judicial impeachment; and providing for an effective date."

00 HOUSE BILL NO. 207 01 "An Act relating to judicial impeachment; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Responsible Judges Act. 06 * Sec. 2. AS 22.05.120 is amended to read: 07 Sec. 22.05.120. Impeachment. A supreme court justice is subject to 08 impeachment by the legislature for malfeasance or misfeasance in the performance of 09 official duties. Malfeasance includes exercising legislative power. Impeachment 10 shall originate in the senate and shall be approved by a two-thirds vote of its members. 11 The motion for impeachment must list fully the basis for the proceeding. Trial on 12 impeachment shall be conducted by the house of representatives. A supreme court 13 justice designated by the court shall preside at the trial. Concurrence of two-thirds of 14 the members of the house is required for a judgment of impeachment. The judgment 15 may not extend beyond removal from office, but does not prevent proceedings in the

01 courts on the same or related charges except that the legislature's judgment under 02 this section is not subject to judicial review. 03 * Sec. 3. AS 22.07.075 is amended to read: 04 Sec. 22.07.075. Impeachment. A judge of the court of appeals is subject to 05 impeachment by the legislature for malfeasance or misfeasance in the performance of 06 official duties. Malfeasance includes exercising legislative power. Impeachment 07 must originate in the senate and must be approved by two-thirds vote of its members. 08 The motion for impeachment must list fully the basis for the proceeding. Trial on 09 impeachment shall be conducted by the house of representatives. A supreme court 10 justice designated by the court shall preside at the trial. Concurrence of two-thirds of 11 the members of the house is required for a judgment of impeachment. The judgment 12 may not extend beyond removal from office, but does not prevent proceedings in a 13 court on the same or related charges except that the legislature's judgment under 14 this section is not subject to judicial review. 15 * Sec. 4. AS 22.10.170 is amended to read: 16 Sec. 22.10.170. Impeachment. A superior court judge is subject to 17 impeachment by the legislature for malfeasance or misfeasance in the performance of 18 official duties. Malfeasance includes exercising legislative power. Impeachment 19 shall originate in the senate and must be approved by two-thirds vote of its members. 20 The motion for impeachment must list fully the basis for the proceeding. Trial on 21 impeachment shall be conducted by the house of representatives. A supreme court 22 justice designated by the court shall preside at the trial. Concurrence of two-thirds of 23 the members of the house is required for a judgment of impeachment. The judgment 24 may not extend beyond removal from office, but does not prevent proceedings in the 25 courts on the same or related charges except that the legislature's judgment under 26 this section is not subject to judicial review. 27 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).