Legislature(2001 - 2002)

2002-06-24 Senate Journal

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2002-06-24                     Senate Journal                      Page 3779
SB 161                                                                                            
Message dated June 20 and received June 21, stating:                                                
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Under the authority of art. II, sec. 15 of the Alaska Constitution, I have                          
vetoed the following bill:                                                                          
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO.                                                    
             161(JUD)(efd am H) "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."                                                                       
                                                                                                    
This bill would further restrict the time available to a judge to                                   
complete the judge's case work. The method chosen by the legislature                                
to enforce the time limit effectively evades the protection from                                    
legislative interference afforded to judicial salaries by the Alaska                                
Constitution.                                                                                       
                                                                                                    
This bill would also require that election materials be prepared to                                 
advise voters when a justice or judge has exceeded the statutory time                               
limit. This would further an unconstitutional means of exercising                                   
power over the independent judiciary and should not become a part of                                
our statutory law.                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-06-24                     Senate Journal                      Page 3780
While I believe that it is desirable to encourage prompt judicial                                   
decisions, it is another matter to use unconstitutional means to achieve                            
that end.                                                                                           
                                                                                                    
Existing law imposes a time limit for the judiciary to complete its                                 
business. It has worked for 40 years and should be left undisturbed.                                
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor