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.