HB 339: "An Act relating to the selection and retention of court of appeals and district court judges and magistrates; relating to the qualifications of supreme court justices, superior court judges, district court judges, and magistrates; relating to the duties of the judicial council; relating to the duties of the Commission on Judicial Conduct; and repealing Rule 19.1, Alaska Rules of Administration."
00 HOUSE BILL NO. 339 01 "An Act relating to the selection and retention of court of appeals and district court 02 judges and magistrates; relating to the qualifications of supreme court justices, superior 03 court judges, district court judges, and magistrates; relating to the duties of the judicial 04 council; relating to the duties of the Commission on Judicial Conduct; and repealing 05 Rule 19.1, Alaska Rules of Administration." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 15.15.030(10) is amended to read: 08 (10) A nonpartisan ballot shall be designed for each judicial district in 09 which a justice or judge is seeking retention in office. The ballot shall be divided into 10 two [FOUR] parts. Each part must bear a heading indicating the court to which the 11 candidate is seeking approval, and provision shall be made for marking each question 12 "Yes" or "No." Within each part, the question of whether the justice or judge shall be 13 approved or rejected shall be set out in substantially the following manner:
01 (A) "Shall . . . . . . . be retained as justice of the supreme court 02 for 10 years?"; or 03 (B) ["SHALL . . . . . . . . . BE RETAINED AS JUDGE OF THE 04 COURT OF APPEALS FOR EIGHT YEARS?"; 05 (C)] "Shall . . . . . . . be retained as judge of the superior court 06 for six years?"[; OR 07 (D) "SHALL . . . . . . . BE RETAINED AS JUDGE OF THE 08 DISTRICT COURT FOR FOUR YEARS?"] 09 * Sec. 2. AS 15.35.135 is amended to read: 10 Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 11 election ballot. (a) Notice of withdrawal of candidacy for retention at a general 12 election for a supreme court justice or [, JUDGE OF THE COURT OF APPEALS,] 13 superior court judge [, OR DISTRICT COURT JUDGE] must be in writing over the 14 signature of the candidate. 15 (b) When a supreme court justice or superior court judge is a candidate 16 for retention at a general election, the [THE] name of the [A] candidate [FOR 17 RETENTION FOR SUPREME COURT JUSTICE, JUDGE OF THE COURT OF 18 APPEALS, SUPERIOR COURT JUDGE, OR DISTRICT COURT JUDGE] must 19 appear on the general election ballot unless notice under (a) of this section of 20 withdrawal of candidacy is received by the director at least 64 days before the date of 21 the general election. 22 * Sec. 3. AS 15.58.050 is amended to read: 23 Sec. 15.58.050. Information and recommendations on judicial officers. Not 24 [NO] later than August 7 of the year in which the state general election will be held, 25 the judicial council shall file with the lieutenant governor a statement including 26 information about each supreme court justice and [, COURT OF APPEALS JUDGE,] 27 superior court judge [, AND DISTRICT COURT JUDGE] who will be subject to a 28 retention election. The statement shall reflect the evaluation of each justice or judge 29 conducted by the judicial council according to law and shall contain a brief statement 30 describing each public reprimand, public censure, or suspension received by the judge 31 under AS 22.30.011(d) during the period covered in the evaluation. A statement may
01 not exceed 600 words. 02 * Sec. 4. AS 15.58.060(a) is amended to read: 03 (a) Each general election candidate shall pay to the lieutenant governor at the 04 time of filing material under this chapter the following: 05 (1) President or Vice-President of the United States, United States 06 senator, United States representative, governor, lieutenant governor, and supreme 07 court justice, [AND COURT OF APPEALS JUDGE,] $300 each; 08 (2) superior court judge [AND DISTRICT COURT JUDGE,] $150 09 each; 10 (3) state senator and state representative, $100 each. 11 * Sec. 5. AS 22.05.070 is amended to read: 12 Sec. 22.05.070. Qualifications of justices. A justice of the supreme court shall 13 be a citizen of the United States and of the state, a resident of the state for five years 14 immediately preceding appointment, have been engaged for not less than eight years 15 immediately preceding appointment in the active practice of law, have been 16 previously confirmed by the legislature to serve as a court of appeals judge or a 17 district court judge, have served as a court of appeals judge or district court 18 judge in the state, and, at the time of appointment, be licensed to practice law in the 19 state. The active practice of law includes 20 (1) sitting as a judge in a state or territorial court; 21 (2) being actually engaged in advising and representing clients in 22 matters of law; 23 (3) rendering legal services to an agency, branch, or department of a 24 civil government within the United States or a state or territory of the United States, in 25 an elective, appointive, or employed capacity; 26 (4) serving as a professor, associate professor, or assistant professor in 27 a law school accredited by the American Bar Association. 28 * Sec. 6. AS 22.05.100 is amended to read: 29 Sec. 22.05.100. Approval or rejection. Each supreme court justice is subject 30 to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 31 council shall conduct an evaluation of each justice before the retention election and
01 shall provide to the public information about that justice and may provide a 02 recommendation regarding retention or rejection. The information and any 03 recommendation shall be made public at least 60 days before the retention election. 04 The judicial council shall also provide the information and any recommendation to the 05 office of the lieutenant governor in time for publication in the election pamphlet under 06 AS 15.58.050. If a majority of those voting on the question rejects the candidacy, the 07 rejected justice may not be appointed to fill any vacancy in the supreme court, court of 08 appeals, superior court, [OR] district courts, or magistrate position of the state for a 09 period of four years thereafter. 10 * Sec. 7. AS 22.07.060 is amended to read: 11 Sec. 22.07.060. Approval or rejection. If the legislature rejects a judge who 12 is subject to retention in office by the legislature under (b) of this section [EACH 13 JUDGE OF THE COURT OF APPEALS IS SUBJECT TO APPROVAL OR 14 REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 15 JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 16 BEFORE THE RETENTION ELECTION AND SHALL PROVIDE INFORMATION 17 TO THE PUBLIC ABOUT THE JUDGE AND MAY PROVIDE A 18 RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 19 INFORMATION AND ANY RECOMMENDATION SHALL BE MADE PUBLIC 20 AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 21 SHALL ALSO PROVIDE THE INFORMATION AND ANY 22 RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 23 TIME FOR PUBLICATION IN THE ELECTION PAMPHLET AS REQUIRED BY 24 AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 25 REJECTS THE CANDIDACY OF A JUDGE], the rejected judge may not for a 26 period of four years thereafter be appointed to fill a vacancy in the supreme court, the 27 court of appeals, the superior court, [OR] the district court, or a magistrate position 28 of the state. 29 * Sec. 8. AS 22.07.060 is amended by adding a new subsection to read: 30 (b) Each judge of the court of appeals shall be subject to approval or rejection 31 by a majority of the members of the legislature in joint session at the first legislative
01 session held more than two years after the judge's appointment. If approved, the judge 02 shall thereafter be subject to approval or rejection in a like manner every second year. 03 Failure of the legislature to act to approve or reject a judge during the regular session 04 in which the judge is subject to retention by the legislature is tantamount to rejection 05 on the day the regular session adjourns. Each judge of the court of appeals seeking 06 retention in office by the legislature shall file with the senate secretary and the chief 07 clerk of the house of representatives a declaration of candidacy for retention not later 08 than August 1 before the legislative session at which approval or rejection is requisite. 09 * Sec. 9. AS 22.07.070 is amended to read: 10 Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 11 successor to fill an impending vacancy in the office of judge of the court of appeals 12 within 45 days after the office becomes vacant [RECEIVING NOMINATIONS 13 FROM THE JUDICIAL COUNCIL,] by appointing for each actual or impending 14 vacancy, one person who is qualified under AS 22.07.040. An appointment made 15 under this subsection is subject to confirmation by a majority of the members of 16 the legislature in joint session [OF TWO OR MORE PERSONS NOMINATED BY 17 THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY]. An 18 appointment to fill an impending vacancy becomes effective upon the later of 19 confirmation by the legislature or the actual occurrence of the vacancy. 20 (b) The office of a judge of the court of appeals becomes vacant 90 days after 21 the judge is rejected by the legislature [ELECTION AT WHICH THE JUDGE IS 22 REJECTED BY A MAJORITY OF THOSE VOTING ON THE QUESTION OR 23 FOR WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY. 24 UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 25 CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 26 ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 27 OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 28 AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 29 PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; HOWEVER, THE 90-DAY 30 PERIOD MAY BE EXTENDED BY THE JUDICIAL COUNCIL WITH THE 31 CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN
01 IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 02 FAILURE TO FILE A DECLARATION OF CANDIDACY, THE JUDICIAL 03 COUNCIL MAY MEET AT ANY TIME WITHIN THE 90-DAY PERIOD 04 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE VACANCY 05 AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 06 PERSONS QUALIFIED FOR THE JUDICIAL OFFICE]. 07 * Sec. 10. AS 22.10.090 is amended to read: 08 Sec. 22.10.090. Qualifications of judges. A judge of the superior court shall 09 be a citizen of the United States and of the state, a resident of the state for five years 10 immediately preceding appointment, have been engaged for not less than five years 11 immediately preceding appointment in the active practice of law, have been 12 previously confirmed by the legislature to serve as a court of appeals judge or a 13 district court judge, have served as a court of appeals judge or district court 14 judge in the state, and, at the time of appointment, be licensed to practice law in the 15 state. The active practice of law shall be as defined for justices of the supreme court in 16 AS 22.05.070. 17 * Sec. 11. AS 22.10.150 is amended to read: 18 Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to 19 approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 20 council shall conduct an evaluation of each judge before the retention election and 21 shall provide to the public information about the judge and may provide a 22 recommendation regarding retention or rejection. The information and any 23 recommendation shall be made public at least 60 days before the retention election. 24 The information shall include the judge's consideration of victims when imposing 25 sentence on persons convicted of felony offenses where the offenses involve victims. 26 The judicial council shall also provide the information and any recommendation to the 27 office of the lieutenant governor in time for publication in the election pamphlet under 28 AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 29 judge, the rejected judge may not for a period of four years thereafter be appointed to 30 fill any vacancy in the supreme court, court of appeals, superior court, [OR] district 31 courts, or magistrate position of the state.
01 * Sec. 12. AS 22.15.160 is amended to read: 02 Sec. 22.15.160. Qualifications of district judges and magistrates. (a) A 03 district judge shall be a citizen of the United States [AND OF THE STATE], at least 04 21 years of age, [A RESIDENT OF THE STATE FOR AT LEAST FIVE YEARS 05 IMMEDIATELY PRECEDING APPOINTMENT,] and 06 (1) have been engaged in the active practice of law for not less than 07 three years immediately preceding appointment and, at the time of appointment, be 08 licensed to practice law in any state [THE STATE OF ALASKA]; or 09 (2) have served for at least four [SEVEN] years as a magistrate in the 10 state. [THE SUPREME COURT MAY PRESCRIBE ADDITIONAL 11 QUALIFICATIONS.] 12 (b) A magistrate shall be a citizen of the United States and [OF THE STATE,] 13 at least 21 years of age [, AND A RESIDENT OF THE STATE FOR AT LEAST SIX 14 MONTHS IMMEDIATELY PRECEDING APPOINTMENT. THE SUPREME 15 COURT MAY PRESCRIBE ADDITIONAL QUALIFICATIONS]. 16 * Sec. 13. AS 22.15.170(a) is amended to read: 17 (a) The governor shall fill a vacancy or appoint a successor to fill an 18 impending vacancy in an office of district judge or in a magistrate position within 45 19 days after the office or position becomes vacant [RECEIVING NOMINATIONS 20 FROM THE JUDICIAL COUNCIL] by appointing, for each actual or impending 21 vacancy, one person who is qualified under AS 22.15.160. An appointment made 22 under this section is subject to confirmation by a majority of the members of the 23 legislature in joint session. An [OF TWO OR MORE PERSONS NOMINATED BY 24 THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY. THE] 25 appointment to fill an impending vacancy becomes effective upon the later of 26 confirmation by the legislature or the actual occurrence of the vacancy. 27 * Sec. 14. AS 22.15.170(e) is amended to read: 28 (e) The office of a district court judge or magistrate becomes vacant 90 days 29 after [THE ELECTION AT WHICH] the judge or magistrate is rejected by the 30 legislature [A MAJORITY OF THOSE VOTING ON THE QUESTION OR FOR 31 WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY.
01 UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 02 CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 03 ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 04 OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 05 AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 06 PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; EXCEPT THAT THIS 90- 07 DAY PERIOD MAY BE EXTENDED BY THE COUNCIL WITH THE 08 CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN 09 IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 10 FAILURE TO FILE A DECLARATION OF CANDIDACY, THE COUNCIL MAY 11 MEET AT ANY TIME WITHIN THE 90-DAY PERIOD IMMEDIATELY 12 PRECEDING THE EFFECTIVE DATE OF THE VACANCY AND SUBMIT TO 13 THE GOVERNOR THE NAMES OF TWO OR MORE PERSONS QUALIFIED 14 FOR THE JUDICIAL OFFICE]. 15 * Sec. 15. AS 22.15.195 is amended to read: 16 Sec. 22.15.195. Approval or rejection. If the legislature rejects a judge or 17 magistrate who is subject to retention by the legislature under (b) of this section 18 [EACH DISTRICT COURT JUDGE IS SUBJECT TO APPROVAL OR 19 REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 20 JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 21 BEFORE THE RETENTION ELECTION AND SHALL PROVIDE TO THE 22 PUBLIC INFORMATION ABOUT THE JUDGE AND MAY PROVIDE A 23 RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 24 INFORMATION AND THE RECOMMENDATION SHALL BE MADE PUBLIC 25 AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 26 SHALL ALSO PROVIDE THE INFORMATION AND ANY 27 RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 28 TIME FOR PUBLICATION IN THE ELECTION PAMPHLET UNDER 29 AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 30 REJECTS THE CANDIDACY OF A JUDGE], the rejected judge or magistrate may 31 not for a period of four years thereafter be appointed to fill any vacancy in the
01 supreme court, the court of appeals, the superior court, the [OR] district court, or a 02 magistrate position [COURTS] of the state. 03 * Sec. 16. AS 22.15.195 is amended by adding a new subsection to read: 04 (b) Each district court judge and magistrate shall be subject to approval or 05 rejection by a majority of the members of the legislature in joint session at the first 06 legislative session held more than two years after the judge's or magistrate's 07 appointment. If approved, the judge or magistrate shall thereafter be subject to 08 approval or rejection in a like manner every second year. Failure of the legislature to 09 act to approve or reject a judge or magistrate during the regular session in which the 10 judge or magistrate is subject to retention by the legislature is tantamount to rejection 11 on the day the regular session adjourns. Each district court judge or magistrate seeking 12 retention in office by the legislature shall file with the senate secretary and the chief 13 clerk of the house of representatives a declaration of candidacy for retention not later 14 than August 1 before the legislative session at which approval or rejection is requisite. 15 * Sec. 17. AS 22.15.205 is amended to read: 16 Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 17 impeachment by the legislature for malfeasance or misfeasance in the performance of 18 official duties. Impeachment must originate in the senate and must be approved by 19 two-thirds vote of its members. The motion for impeachment must list fully the basis 20 for the proceeding. Trial on impeachment shall be conducted by the house of 21 representatives. A supreme court justice designated by the court shall preside at the 22 trial. Concurrence of two-thirds of the members of the house is required for a 23 judgment of impeachment. The judgment may not extend beyond removal from office, 24 but does not prevent proceedings in the courts on the same or related charges. 25 * Sec. 18. AS 22.30.011(a) is amended to read: 26 (a) The commission shall on its own motion or on receipt of a written 27 complaint inquire into an allegation that a judge or magistrate 28 (1) has been convicted of a crime punishable as a felony under state or 29 federal law or convicted of a crime that involves moral turpitude under state or federal 30 law; 31 (2) suffers from a disability that seriously interferes with the
01 performance of [JUDICIAL] duties and that is or may become permanent; 02 (3) within a period of not more than six years before the filing of the 03 complaint or before the beginning of the commission's inquiry based on its own 04 motion, committed an act or acts that constitute 05 (A) wilful misconduct in office; 06 (B) wilful and persistent failure to perform the [JUDICIAL] 07 duties of the judge or magistrate; 08 (C) conduct prejudicial to the administration of justice; 09 (D) conduct that brings the judicial office or magistrate's 10 office into disrepute; or 11 (E) conduct in violation of the code of judicial conduct; or 12 (4) is habitually intemperate. 13 * Sec. 19. AS 22.30.011(b) is amended to read: 14 (b) After preliminary informal consideration of an allegation, the commission 15 may exonerate the judge or magistrate, informally and privately admonish the judge 16 or magistrate, or recommend counseling. Upon a finding of probable cause, the 17 commission shall hold a formal hearing on the allegation. A hearing under this 18 subsection is public. Proceedings and records pertaining to proceedings that occur 19 before the commission holds a public hearing on an allegation are confidential, subject 20 to the provisions of AS 22.30.060(b). 21 * Sec. 20. AS 22.30.011(c) is amended to read: 22 (c) A judge or magistrate appearing before the commission at the hearing is 23 entitled to counsel, may present evidence, and may cross-examine witnesses. 24 * Sec. 21. AS 22.30.011(d) is amended to read: 25 (d) The commission shall, after a hearing held under (b) of this section, 26 (1) exonerate the judge or magistrate of the charges; or 27 (2) refer the matter to the supreme court with a recommendation that 28 the judge or magistrate be reprimanded, suspended, removed [,] or retired from 29 office, or publicly or privately censured by the supreme court. 30 * Sec. 22. AS 22.30.011(g) is amended to read: 31 (g) If the commission exonerates a judge or magistrate, a copy of the
01 proceedings and report of the commission may be made public on the request of the 02 judge or magistrate. 03 * Sec. 23. AS 22.30.011(h) is amended to read: 04 (h) If a supreme court justice or superior court judge has been publicly 05 reprimanded, suspended, or publicly censured under this section and the justice or 06 judge has filed a declaration of candidacy for retention in office, the commission shall 07 report to the judicial council for inclusion in the statement filed by the judicial council 08 under AS 15.58.050 each public reprimand, suspension, or public censure received by 09 the justice or judge 10 (1) since appointment; or 11 (2) if the justice or judge has been retained by election, since the last 12 retention election of the justice or judge. 13 * Sec. 24. AS 22.30.070 is amended to read: 14 Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 15 censure of judges and magistrates. (a) A judge or magistrate is disqualified from 16 acting as a judge or magistrate, without loss of salary, while there is pending 17 (1) an indictment or an information charging the judge or magistrate 18 in the United States with a crime punishable as a felony under state [ALASKA] or 19 federal law; [,] or 20 (2) a recommendation to the supreme court by the commission for the 21 removal or retirement of the judge or magistrate. 22 (b) On recommendation of the commission, the supreme court may reprimand, 23 publicly or privately censure, or suspend a judge or magistrate from office without 24 salary when in the United States the judge or magistrate pleads guilty or no contest or 25 is found guilty of a crime punishable as a felony under state or federal law or of a 26 crime that involves moral turpitude under state or federal law. If the conviction is 27 reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 28 or magistrate's salary for the period of suspension. If the judge or magistrate is 29 suspended and the conviction becomes final, the supreme court shall remove the judge 30 or magistrate from office. 31 (c) On recommendation of the commission, the supreme court may (1) retire a
01 judge or magistrate for disability that seriously interferes with the performance of 02 duties and that is or may become permanent, and (2) reprimand, publicly or privately 03 censure, or remove a judge or magistrate for action, occurring not more than six 04 years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 05 or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 06 wilful and persistent failure to perform duties, habitual intemperance, conduct 07 prejudicial to the administration of justice, or conduct that brings the judicial office or 08 magistrate's office into disrepute. The effective date of retirement under (1) of this 09 subsection is the first day of the month coinciding with or after the date that the 10 supreme court files written notice with the commissioner of administration that the 11 judge or magistrate was retired for disability. A duplicate copy of the notice shall be 12 filed with the judicial council. 13 (d) A judge or magistrate retired by the supreme court shall be considered to 14 have retired voluntarily. A judge or magistrate removed by the supreme court is 15 ineligible for judicial office or for a magistrate position for a period of three years. 16 (e) A supreme court justice who has participated in proceedings involving a 17 judge or justice of any court or a magistrate may not participate in an appeal 18 involving that judge, [OR] justice, or magistrate in that particular matter. 19 * Sec. 25. AS 15.35.053, 15.35.055, 15.35.057, 15.35.059, 15.35.100, 15.35.110, 15.35.120, 20 15.35.130; AS 22.15.170(c), and 22.15.170(d) are repealed. 21 * Sec. 26. The uncodified law of the state of Alaska is amended by adding a new section to 22 read: 23 REPEAL OF COURT RULE. Rule 19.1, Alaska Rules of Administration, is repealed. 24 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. The qualifications for supreme court justices under AS 22.05.070, 27 as amended by sec. 5 of this Act, superior court judges under AS 22.10.090, as amended by 28 sec. 10 of this Act, and district judges and magistrates under AS 22.15.160, as amended by 29 sec. 12 of this Act, apply to supreme court justices, superior court judges, district judges, and 30 magistrates appointed on or after the effective date of this Act.