02/02/2022 01:30 PM Senate JUDICIARY

        SB 129-ELECTION PAMPHLET INFORMATION RE: JUDGES                                                                     
                                                                                                                              
2:28:05 PM                                                                                                                    
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 129                                                                
"An Act relating to information  on judicial officers provided in                                                               
election pamphlets."                                                                                                            
                                                                                                                                
[This was the third hearing  for SB 129. The committee previously                                                               
heard SB 129  on May 5, 2021 and January  28, 2022. The committee                                                               
adopted a  committee substitute (CS)  for SB 129, Version  O; and                                                               
public testimony was opened and closed on January 28, 2022.]                                                                    
                                                                                                                                
2:28:31 PM                                                                                                                    
SENATOR HUGHES  stated that the  first time a  judge is up  for a                                                               
retention election, the election pamphlet  must include a list of                                                               
items.  Currently,   all  judges  must  submit   their  business,                                                               
professional, and  educational backgrounds.  These judges  do not                                                               
need  to   submit  certain  items  during   subsequent  retention                                                               
elections. She  recalled that the  Alaska Judicial  Council (AJC)                                                               
found that the relevancy of  the experience diminishes over time.                                                               
However,  if it  is good  to have  the information  initially, it                                                               
remains  relevant because  the voters  may  forget details  about                                                               
them. She related her understanding  that the voter turnover rate                                                               
is  high.  Thus,   some  voters  may  never   have  reviewed  the                                                               
biographical  information on  judges seeking  retention. Further,                                                               
it  would standardize  the information  required.  She asked  the                                                               
sponsor to consider requiring the  exact biographical details for                                                               
subsequent judicial retention elections.                                                                                        
                                                                                                                                
2:31:00 PM                                                                                                                    
SENATOR MYERS responded that he  made this change based on advice                                                               
from AJC.  For example, judges are  prohibited from participating                                                               
in partisan  political events and  running for  political office.                                                               
He  related  that  other  things  would  still  apply,  including                                                               
education  or  continuing education.  He  explained  that he  was                                                               
balancing  the  applicability,  relevant information,  and  space                                                               
available in election pamphlets.  He wants to provide sufficient,                                                               
relevant information  to allow voters  to make  decisions. Still,                                                               
providing too much  information in the voter  pamphlet could lead                                                               
to voters tuning out the  information. For example, time spent as                                                               
a  trial lawyer  might not  be relevant  once a  judge has  spent                                                               
considerable time on the bench.                                                                                                 
                                                                                                                                
2:33:05 PM                                                                                                                    
SENATOR HUGHES offered  her view that it is a  fairness issue for                                                               
voters since they should view the same pertinent information.                                                                   
                                                                                                                                
SENATOR MYERS  suggested that  some voters  might be  prompted to                                                               
search  for additional  information.  He noted  that AJC  retains                                                               
that  information, maintains  a website,  and he  hoped that  the                                                               
election pamphlet  would direct  voters to the  specific judicial                                                               
background information on AJC's website.                                                                                        
                                                                                                                                
2:35:16 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:35:42 PM                                                                                                                    
CHAIR HOLLAND reconvened  the meeting. He asked  about the reason                                                               
for the title change.                                                                                                           
                                                                                                                                
2:36:25 PM                                                                                                                    
CLAIRE   RADFORD,    Attorney,   Legislative    Legal   Services,                                                               
Legislative  Affairs Agency  Juneau, Alaska,  responded that  the                                                               
title  was amended  because Section  1  was added  related to  AS                                                               
15.58.030(g).  This  differs from  the  original  version of  the                                                               
bill.                                                                                                                           
                                                                                                                                
2:36:59 PM                                                                                                                    
SENATOR HUGHES  said she  was still unsure  why the  title change                                                               
was necessary.                                                                                                                  
                                                                                                                                
2:37:16 PM                                                                                                                    
MS. RADFORD  read the previous  title of  SB 129, work  order 32-                                                               
LS0751\B, "An  Act relating to  information on  judicial officers                                                               
provided in  election pamphlets." Section 1,  AS 15.58.030(g) was                                                               
amended in Version  O, related to the information  a judge files.                                                               
The  title was  changed to  "An  Act relating  to information  on                                                               
judicial officers  seeking retention in office."  She stated that                                                               
the title change reflects the broader title.                                                                                    
                                                                                                                                
2:38:35 PM                                                                                                                    
CHAIR HOLLAND held SB 129 in committee.