SB 31: "An Act relating to the selection, retention, and rejection of judicial officers for the court of appeals and the district court and of magistrates; relating to the duties of the judicial council; and relating to the duties of the Commission on Judicial Conduct."
00 SENATE BILL NO. 31 01 "An Act relating to the selection, retention, and rejection of judicial officers for the 02 court of appeals and the district court and of magistrates; relating to the duties of the 03 judicial council; and relating to the duties of the Commission on Judicial Conduct." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.15.030(10) is amended to read: 06 (10) A nonpartisan ballot shall be designed for each judicial district in 07 which a justice, [OR] judge, or magistrate is seeking retention in office. The ballot 08 shall be divided into five [FOUR] parts. Each part must bear a heading indicating the 09 court or position to which the candidate is seeking approval, and provision shall be 10 made for marking each question "Yes" or "No." Within each part, the question of 11 whether the justice, [OR] judge, or magistrate shall be approved or rejected shall be 12 set out in substantially the following manner: 13 (A) "Shall . . . . . . . be retained as justice of the supreme court 14 for 10 years?";
01 (B) "Shall . . . . . . . be retained as judge of the court of appeals 02 for eight years?"; 03 (C) "Shall . . . . . . . be retained as judge of the superior court 04 for six years?"; [OR] 05 (D) "Shall . . . . . . . be retained as judge of the district court for 06 four years?"; or 07 (E) "Shall . . . . . . . be retained as a magistrate for four 08 years?" 09 * Sec. 2. AS 15.35.100 is amended to read: 10 Sec. 15.35.100. Approval or rejection of district judge or magistrate. (a) 11 Each district judge and each magistrate shall be subject to approval or rejection at 12 the first general election held more than two years after the judge's or magistrate's 13 appointment under the provisions of AS 22.15.170. If approved, the judge or 14 magistrate shall thereafter be subject to approval or rejection in a like manner every 15 fourth year. 16 (b) The district judge or magistrate shall seek approval in the judicial district 17 in which the judge or magistrate was originally appointed, or in the district where the 18 judge or magistrate has served the major portion of the judge's or magistrate's term. 19 The district judge or magistrate shall designate on the declaration of candidacy the 20 judicial district in which the judge or magistrate was appointed, or the district where 21 the judge or magistrate has served the major portion of the judge's or magistrate's 22 term. 23 * Sec. 3. AS 15.35.110 is amended to read: 24 Sec. 15.35.110. Filing declaration by district judge or magistrate. Each 25 district judge and each magistrate seeking retention in office shall file with the 26 director a declaration of candidacy for retention not [NO] later than August 1 before 27 the general election at which approval or rejection is required [REQUISITE]. 28 * Sec. 4. AS 15.35.120 is amended to read: 29 Sec. 15.35.120. Requirement of filing fee for district court or magistrate 30 candidate. At the time the declaration is filed, each candidate for retention on the 31 district court or as a magistrate position shall pay a filing fee of $30 to the director.
01 * Sec. 5. AS 15.35.130 is amended to read: 02 Sec. 15.35.130. Placing name of district judge or magistrate on ballot. The 03 director shall place the name of a district judge or magistrate who has properly filed a 04 declaration of candidacy for retention on the ballot in the judicial district designated in 05 the declaration of candidacy for the general election at which approval is sought. 06 * Sec. 6. AS 15.35.135 is amended to read: 07 Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 08 election ballot. (a) Notice of withdrawal of candidacy for retention for a supreme 09 court justice, judge of the court of appeals, superior court judge, [OR] district court 10 judge, or magistrate must be in writing over the signature of the candidate. 11 (b) The name of a candidate for retention for supreme court justice, judge of 12 the court of appeals, superior court judge, [OR] district court judge, or magistrate 13 must appear on the general election ballot unless notice under (a) of this section of 14 withdrawal of candidacy is received by the director at least 64 days before the date of 15 the general election. 16 * Sec. 7. AS 15.58.050 is amended to read: 17 Sec. 15.58.050. Information and recommendations on judicial officers. Not 18 [NO] later than August 7 of the year in which the state general election will be held, 19 the judicial council shall file with the lieutenant governor a statement including 20 information about each supreme court justice, court of appeals judge, superior court 21 judge, [AND] district court judge, and magistrate who will be subject to a retention 22 election. The statement shall reflect the evaluation of each justice, [OR] judge, or 23 magistrate conducted by the judicial council according to law and shall contain a 24 brief statement describing each public reprimand, public censure, or suspension 25 received by the judge or magistrate under AS 22.30.011(d) during the period covered 26 in the evaluation. A statement may not exceed 600 words. 27 * Sec. 8. AS 15.58.060(a) is amended to read: 28 (a) Each general election candidate shall pay to the lieutenant governor at the 29 time of filing material under this chapter the following: 30 (1) President or Vice-President of the United States, United States 31 senator, United States representative, governor, lieutenant governor, supreme court
01 justice, and court of appeals judge, $300 each; 02 (2) superior court judge, [AND] district court judge, and magistrate, 03 $150 each; 04 (3) state senator and state representative, $100 each. 05 * Sec. 9. AS 22.07.060 is amended to read: 06 Sec. 22.07.060. Approval or rejection. Each judge of the court of appeals is 07 subject to approval or rejection as provided in AS 15 (Alaska Election Code). The 08 judicial council shall conduct an evaluation of each judge before the retention election 09 and shall provide information to the public about the judge and may provide a 10 recommendation regarding retention or rejection. The information and any 11 recommendation shall be made public at least 60 days before the election. The judicial 12 council shall also provide the information and any recommendation to the office of the 13 lieutenant governor in time for publication in the election pamphlet as required by 14 AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 15 judge, the rejected judge may not for a period of four years thereafter be appointed to 16 fill a vacancy in the supreme court, the court of appeals, the superior court, [OR] the 17 district court, or a magistrate position of the state. 18 * Sec. 10. AS 22.07.070 is amended to read: 19 Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 20 successor to fill an impending vacancy in the office of judge of the court of appeals 21 [WITHIN 45 DAYS] after receiving nominations and recommendations from the 22 judicial council on the person or persons submitted to the judicial council for 23 review under (b) of this section, by appointing, for each actual or impending 24 vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the 25 council or who was reviewed by the council under (b) of this section at the request 26 of the governor and who is qualified under AS 22.07.040. If the governor does not 27 appoint a person from the first round of persons nominated or reviewed by the 28 judicial council under (b) of this section, the governor shall submit the names of 29 not more than two additional persons to the judicial council for review under (b) 30 of this section and the judicial council shall submit to the governor the names of 31 at least two and not more than four additional persons under (b) of this section.
01 An appointment made under this section is subject to confirmation by a majority 02 of the members of the legislature in joint session [FOR EACH ACTUAL OR 03 IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 04 effective upon the later of either confirmation by the legislature or the actual 05 occurrence of the vacancy. 06 (b) The office of a judge of the court of appeals becomes vacant 90 days after 07 the election at which the judge is rejected by a majority of those voting on the question 08 or for which the judge fails to file a declaration of candidacy. Upon the occurrence of 09 (1) an actual vacancy; (2) the certification of rejection following an election; [OR] (3) 10 the election following failure of a judge to file a declaration of candidacy; or (4) the 11 decision of the governor not to appoint a person under (a) of this section, the 12 governor shall, within 90 days, submit to the judicial council the names of not 13 more than two persons qualified for the judicial office. The [, THE] judicial 14 council shall meet within 90 days after receiving the names submitted by the 15 governor to review the qualifications of the person or persons proposed by the 16 governor, provide recommendations to the governor concerning the 17 qualifications of those persons for appointment to the judicial office, and submit to 18 the governor the names of up to four additional [TWO OR MORE] persons qualified 19 for the judicial office; however, if the governor requires a second round of 20 nominations under (a) of this section, the judicial council shall submit to the 21 governor the names of at least two and not more than four additional persons 22 qualified for judicial office. The [THE] 90-day period for the council to meet may 23 be extended by the judicial council with the concurrence of the supreme court. In the 24 event of an impending vacancy other than by reason of rejection or failure to file a 25 declaration of candidacy, the governor may submit to the judicial council the 26 names of not more than two persons qualified for the judicial office, and the 27 judicial council, after receiving names submitted by the governor, may meet at any 28 time within the 90-day period immediately preceding the effective date of the vacancy 29 to review the qualifications of the person or persons proposed by the governor, 30 provide recommendations to the governor concerning the qualifications of those 31 persons for appointment to the judicial office, and submit to the governor the names
01 of up to four additional [TWO OR MORE] persons qualified for the judicial office. 02 * Sec. 11. AS 22.15.170(a) is amended to read: 03 (a) The governor shall fill a vacancy or appoint a successor to fill an 04 impending vacancy in an office of district judge or magistrate [WITHIN 45 DAYS] 05 after receiving nominations and recommendations from the judicial council on the 06 person or persons submitted to the judicial council for review under (e) of this 07 section, by appointing, for each actual or impending vacancy, one person who was 08 [OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by 09 the council under (e) of this section at the request of the governor and who is 10 qualified under AS 22.07.040. If the governor does not appoint a person from the 11 first round of persons nominated or reviewed by the judicial council under (e) of 12 this section, the governor shall submit the names of not more than two additional 13 persons to the judicial council for review under (e) of this section and the judicial 14 council shall submit to the governor the names of at least two and not more than 15 four additional persons under (e) of this section. An appointment made under 16 this section is subject to confirmation by a majority of the members of the 17 legislature in joint session. An [FOR EACH ACTUAL OR IMPENDING 18 VACANCY. THE] appointment to fill an impending vacancy becomes effective upon 19 the later of either confirmation by the legislature or the actual occurrence of the 20 vacancy. 21 * Sec. 12. AS 22.15.170(e) is amended to read: 22 (e) The office of a district court judge or magistrate becomes vacant 90 days 23 after the election at which the judge or magistrate is rejected by a majority of those 24 voting on the question or for which the judge or magistrate fails to file a declaration 25 of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of 26 rejection following an election; [OR] (3) the election following failure of a judge or 27 magistrate to file a declaration of candidacy; or (4) the decision of the governor not 28 to appoint a person under (a) of this section, the governor shall, within 90 days, 29 submit to the judicial council the names of not more than two persons qualified 30 for the judicial office or magistrate position. The [, THE] judicial council shall 31 meet within 90 days after receiving the names submitted by the governor to review
01 the qualifications of the person or persons proposed by the governor, provide 02 recommendations to the governor concerning the qualifications of those persons 03 for appointment to the judicial office or magistrate position, and submit to the 04 governor the names of up to four additional [TWO OR MORE] persons qualified for 05 the judicial office or magistrate position; however, if the governor requires a 06 second round of nominations under (a) of this section, the judicial council shall 07 submit to the governor the names of at least two and not more than four 08 additional persons qualified for judicial office. The [; EXCEPT THAT THIS] 90- 09 day period for the council to meet may be extended by the council with the 10 concurrence of the supreme court. In the event of an impending vacancy other than by 11 reason of rejection or failure to file a declaration of candidacy, the governor may 12 submit to the judicial council the names of not more than two persons qualified 13 for the judicial office or magistrate position, and the council, after receiving 14 names submitted by the governor, may meet at any time within the 90-day period 15 immediately preceding the effective date of the vacancy to review the qualifications 16 of the person or persons proposed by the governor, provide recommendations to 17 the governor concerning the qualifications of those persons for appointment to 18 the judicial office or magistrate position, and submit to the governor the names of 19 up to four additional [TWO OR MORE] persons qualified for the judicial office or 20 magistrate position. 21 * Sec. 13. AS 22.15.195 is amended to read: 22 Sec. 22.15.195. Approval or rejection. Each district court judge and 23 magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election 24 Code). The judicial council shall conduct an evaluation of each judge or magistrate 25 before the retention election and shall provide to the public information about the 26 judge or magistrate and may provide a recommendation regarding retention or 27 rejection. The information and the recommendation shall be made public at least 60 28 days before the election. The judicial council shall also provide the information and 29 any recommendation to the office of the lieutenant governor in time for publication in 30 the election pamphlet under AS 15.58.050. If a majority of those voting on the 31 question rejects the candidacy of a judge or magistrate, the rejected judge or
01 magistrate may not for a period of four years thereafter be appointed to fill any 02 vacancy in the supreme court, court of appeals, superior court, or district courts of the 03 state, or in a magistrate position. 04 * Sec. 14. AS 22.15.205 is amended to read: 05 Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 06 impeachment by the legislature for malfeasance or misfeasance in the performance of 07 official duties. Impeachment must originate in the senate and must be approved by 08 two-thirds vote of its members. The motion for impeachment must list fully the basis 09 for the proceeding. Trial on impeachment shall be conducted by the house of 10 representatives. A supreme court justice designated by the court shall preside at the 11 trial. Concurrence of two-thirds of the members of the house is required for a 12 judgment of impeachment. The judgment may not extend beyond removal from office, 13 but does not prevent proceedings in the courts on the same or related charges. 14 * Sec. 15. AS 22.20 is amended by adding a new section to article 4 to read: 15 Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 16 report summarizing the responses to the questions asked of supreme court, court of 17 appeals, superior court, district court, and magistrate candidates under 18 AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and AS 22.15.170(e). Not later 19 than February 14 of each year, the judicial council shall submit the report to the senate 20 secretary and the chief clerk of the house of representatives and notify the legislature 21 that the report is available. 22 * Sec. 16. AS 22.30.011(a) is amended to read: 23 (a) The commission shall on its own motion or on receipt of a written 24 complaint inquire into an allegation that a judge or magistrate 25 (1) has been convicted of a crime punishable as a felony under state or 26 federal law or convicted of a crime that involves moral turpitude under state or federal 27 law; 28 (2) suffers from a disability that seriously interferes with the 29 performance of [JUDICIAL] duties and that is or may become permanent; 30 (3) within a period of not more than six years before the filing of the 31 complaint or before the beginning of the commission's inquiry based on its own
01 motion, committed an act or acts that constitute 02 (A) wilful misconduct in office; 03 (B) wilful and persistent failure to perform the [JUDICIAL] 04 duties of the judge or magistrate; 05 (C) conduct prejudicial to the administration of justice; 06 (D) conduct that brings the judicial office or magistrate's 07 office into disrepute; or 08 (E) conduct in violation of the code of judicial conduct; or 09 (4) is habitually intemperate. 10 * Sec. 17. AS 22.30.011(b) is amended to read: 11 (b) After preliminary informal consideration of an allegation, the commission 12 may exonerate the judge or magistrate, informally and privately admonish the judge 13 or magistrate, or recommend counseling. Upon a finding of probable cause, the 14 commission shall hold a formal hearing on the allegation. A hearing under this 15 subsection is public. Proceedings and records pertaining to proceedings that occur 16 before the commission holds a public hearing on an allegation are confidential, subject 17 to the provisions of AS 22.30.060(b). 18 * Sec. 18. AS 22.30.011(c) is amended to read: 19 (c) A judge or magistrate appearing before the commission at the hearing is 20 entitled to counsel, may present evidence, and may cross-examine witnesses. 21 * Sec. 19. AS 22.30.011(d) is amended to read: 22 (d) The commission shall, after a hearing held under (b) of this section, 23 (1) exonerate the judge or magistrate of the charges; or 24 (2) refer the matter to the supreme court with a recommendation that 25 the judge or magistrate be reprimanded, suspended, removed [,] or retired from 26 office, or publicly or privately censured by the supreme court. 27 * Sec. 20. AS 22.30.011(g) is amended to read: 28 (g) If the commission exonerates a judge or magistrate, a copy of the 29 proceedings and report of the commission may be made public on the request of the 30 judge or magistrate. 31 * Sec. 21. AS 22.30.011(h) is amended to read:
01 (h) If a judge or magistrate has been publicly reprimanded, suspended, or 02 publicly censured under this section and the judge or magistrate has filed a 03 declaration of candidacy for retention in office, the commission shall report to the 04 judicial council for inclusion in the statement filed by the judicial council under 05 AS 15.58.050 each public reprimand, suspension, or public censure received by the 06 judge or magistrate 07 (1) since appointment; or 08 (2) if the judge or magistrate has been retained by election, since the 09 last retention election of the judge or magistrate. 10 * Sec. 22. AS 22.30.070 is amended to read: 11 Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 12 censure of judges and magistrates. (a) A judge or magistrate is disqualified from 13 acting as a judge or magistrate, without loss of salary, while there is pending 14 (1) an indictment or an information charging the judge or magistrate 15 in the United States with a crime punishable as a felony under state [ALASKA] or 16 federal law; [,] or 17 (2) a recommendation to the supreme court by the commission for the 18 removal or retirement of the judge or magistrate. 19 (b) On recommendation of the commission, the supreme court may reprimand, 20 publicly or privately censure, or suspend a judge or magistrate from office without 21 salary when in the United States the judge or magistrate pleads guilty or no contest or 22 is found guilty of a crime punishable as a felony under state or federal law or of a 23 crime that involves moral turpitude under state or federal law. If the conviction is 24 reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 25 or magistrate's salary for the period of suspension. If the judge or magistrate is 26 suspended and the conviction becomes final, the supreme court shall remove the judge 27 or magistrate from office. 28 (c) On recommendation of the commission, the supreme court may (1) retire a 29 judge or magistrate for disability that seriously interferes with the performance of 30 duties and that is or may become permanent, and (2) reprimand, publicly or privately 31 censure, or remove a judge or magistrate for action, occurring not more than six
01 years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 02 or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 03 wilful and persistent failure to perform duties, habitual intemperance, conduct 04 prejudicial to the administration of justice, or conduct that brings the judicial office or 05 magistrate's office into disrepute. The effective date of retirement under (1) of this 06 subsection is the first day of the month coinciding with or after the date that the 07 supreme court files written notice with the commissioner of administration that the 08 judge or magistrate was retired for disability. A duplicate copy of the notice shall be 09 filed with the judicial council. 10 (d) A judge or magistrate retired by the supreme court shall be considered to 11 have retired voluntarily. A judge or magistrate removed by the supreme court is 12 ineligible for judicial office or for a magistrate position for a period of three years. 13 (e) A supreme court justice who has participated in proceedings involving a 14 judge or justice of any court or a magistrate may not participate in an appeal 15 involving that judge, [OR] justice, or magistrate in that particular matter. 16 * Sec. 23. AS 22.35 is amended by adding a new section to read: 17 Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 18 to support or oppose the retention or rejection of a judicial officer in an election under 19 AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 20 court justice, including the chief justice, a judge of the court of appeals, a judge of the 21 superior court, a district court judge, or a magistrate. 22 (b) This section does not apply to the duties of the judicial council under 23 AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 24 * Sec. 24. AS 22.15.170(c) and 22.15.170(d) are repealed.