Legislature(2021 - 2022)BUTROVICH 205
03/17/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB187 | |
| SB207 | |
| SB214 | |
| HB123 | |
| SB129 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 187 | TELECONFERENCED | |
| *+ | SB 207 | TELECONFERENCED | |
| *+ | SB 214 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 129 | TELECONFERENCED | |
SB 129-ELECTION PAMPHLET INFORMATION RE: JUDGES
5:10:53 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 129
"An Act relating to information on judicial officers provided in
election pamphlets."
[CSSB 129(JUD) was before the committee.]
5:11:08 PM
SENATOR ROBERT MEYERS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 129, stated that this legislation will give voters
additional information on judges standing for retention. Because
judges tend to stay out of the public eye and generally cannot
campaign, voters often lack information when they vote on
judicial retentions. SB 129 proposes to publish in the election
pamphlet the information the Alaska Judicial Council already
collects. The intent is that this will increase voter turnout
and trust in the system.
5:12:19 PM
THERESA WOLDSTAD, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, delivered a PowerPoint to introduce
SB 129. She displayed slide 2 related to the judicial merit
selection retention system. It read:
Alaska established a three-part judicial merit
selection and retention system.
1. Alaska Judicial Council screens and nominates
judicial applicants based on the candidate's moral
character, professional competence, and legal
experience.
2. Alaska governor appoints from the list provided
by the Alaska Judicial Council.
3. Alaska state voters determine whether a judicial
officer will remain on the bench during retention
elections.
MS. WOLDSTAD stated that CSSB 129 focuses on the third phase of
the system when voters decide whether judges should be retained
in office. The constitutional framers' belief was that the
judiciary must maintain accountability to the electorate.
MS. WOLDSTAD displayed a sample, depicted on slide 4, of the
two-part election pamphlet. The information on page one is
submitted by the judicial officer seeking retention. Page 2
contains the Alaska Judicial Council evaluation of the judge
standing for retention.
MS. WOLDSTAD reviewed the Alaska Judicial Council
recommendations on slide 3:
• The Alaska Judicial Council conducts extensive
performance evaluations, interviews, and public
hearings.
• Surveys assess judicial integrity, temperament,
diligence, impartiality, legal ability, and
administrative skills
• Based upon their research the council will decide
if they will recommend a judicial officer's
retention to the public.
• The Judicial Council's recommendation is
published in the Alaska Official Election
Pamphlet.
MS. WOLDSTAD directed attention to the table on slide 5 that
summarizes information the Alaska Judicial Council compiled from
the Judicial Performance Evaluation it conducted. She noted that
the Alaska Judicial Council recommendation indicates whether or
not the judge should be retained. That information is on the
website.
5:14:04 PM
MS. WOLDSTAD reviewed the table on slide 6, Alaska Judicial
Council Recommendations and Retention Votes. She highlighted
that Alaska judges standing for retention must receive a simple
majority of the votes cast during a retention election. She
noted the dichotomy in the sample between the Judicial Council
recommendation and the retention vote. [In the sample, the
Judicial Council recommended a yes vote for just one of 13
judges and the voters returned eight yes votes for those 13
judges.] She offered her perspective that it sometimes takes two
cycles before the judges are voted out.
5:14:31 PM
MS. WOLDSTAD read the goals of the bill shown on slide 7:
• Success of the system is based upon providing the
electorate critical information to make informed
decisions regarding judicial retention.
• This legislation will add additional information
already collected by the Alaska Judicial Council to
the Alaska Official Election Pamphlet.
• Information shall be provided except when
required by law to be kept confidential.
MS. WOLDSTAD skipped to slide 9 that recounts the information an
individual seeking retention must provide:
Individual seeking retention in office as a justice or
judge may file with the Lieutenant Governor the
following information; not exceeding 300 words.
• A photograph
• Information regarding the residency of the judge.
• Information regarding the military service of the
judge.
• Information regarding the professional activities of
the justice or judge, including public outreach and
administrative activities.
• Any additional information that the justice or judge
would like to publish to support the justice's or
judge's candidacy.
5:15:20 PM
MS. WOLDSTAD displayed slide 10 that lists the information the
Judicial Council must provide on the election pamphlet for a
superior court or district court judge subject to retention.
The Judicial Council shall provide the following
information.
• Statement written by the judge that describes the
professional philosophy.
• Description of the judicial, legal, or other
education of the judge.
• Description of business experience and professional
positions held in the preceding 10 years.
• List of service organizations with which the judge
is affiliated.
• If applicable, rating of judge by law enforcement
officers, attorneys, court employees, and jurors.
• Number of decisions by the judge that were reviewed
and disposed of by a written decision of an
appellate court and the percentage of issues in
those decisions that were affirmed by the appellate
court.
• Description of any public disciplinary proceedings
against the judge.
• Self-assessment by the judge that evaluates the
judge's judicial performance.
MS. WOLDSTAD reviewed slide 11 that lists the information the
Judicial Council must provide on the election pamphlet for a
Supreme Court justice or court of appeals judge subject to
retention.
Judicial Council shall provide the following
information.
• Statement written by the judge that describes the
professional philosophy.
• Description of the judicial, legal, or other
education of the judge.
• Description of business experience and professional
positions held in the preceding 10 years.
• List of service organizations with which the judge
is affiliated.
• If applicable, rating of judge by law enforcement
officers, attorneys, court employees, and jurors.
• Description of any public disciplinary proceedings
against the judge.
• Self-assessment that evaluates the judge's judicial
performance.
5:17:08 PM
MS. WOLDSTAD reviewed slide 12 that lists the information the
Judicial Council must provide on the election pamphlet for a
justice or judge standing for retention for the first time.
Judicial Council shall provide the following
information.
• Previous political and governmental positions held
by the justice or judge, including any political
office held.
• Justice's or judge's primary practice areas before
appointment, including the approximate percentage of
the justice's or judge's pre-appointment career was
spent as a trial lawyer.
• Types of clients the justice or judge represented
before appointment.
5:17:44 PM
MS. WOLDSTAD paraphrased slide 13:
Expansion of Word Limits slide 13
• Establishes a word limit of 300 for information
provided by an individual seeking retention as a
justice or judge.
• Establishes a 1,200-word limit for information
provided by the Alaska Judicial Council.
• Statement describing professional philosophy by
the justice or judge is not to exceed 150
words.
• Self-assessment by the justice or judge to not
exceed 250 words.
5:18:12 PM
SENATOR COSTELLO asked whether judges are required to file their
personal financial information with the Alaska Public Offices
Commission (APOC).
SENATOR MEYER answered yes; judges have basically the same APOC
requirements as elected officials. The difference is that
information about an elected official is publicly available on
the APOC website whereas that information must be specifically
requested for each judge.
5:18:59 PM
CHAIR SHOWER opened public testimony on SB 129; finding none, he
closed public testimony on SB 129.
5:19:46 PM
CHAIR SHOWER held SB 129 in committee for future consideration.