SB 129-ELECTION PAMPHLET INFORMATION RE: JUDGES   1:47:07 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 129, "An Act relating to information on judicial officers provided in election pamphlets." [The committee previously heard SB 129 on 5/5/21.] 1:47:27 PM SENATOR MYERS, speaking as the sponsor, stated that the committee heard SB 129 last year. He asked his staff to present the bill. 1:47:51 PM THERESA WOLSTAD, Staff, Senator Robert Myers, Alaska State Legislature, Juneau, Alaska, on behalf of the sponsor, stated that based on input from the initial hearing and working with the Alaska Judicial Council, the sponsor developed a committee substitute (CS) for SB 129, Version O, [not yet before the committee as a working document]. 1:48:38 PM MS. WOLSTAD refreshed the committees recall of SB 129, paraphrasing the sponsor statement. It read as follows: [Original punctuation provided]: The framers of the Alaska Constitution established a three-part judicial merit selection retention system. Version O focuses on the third phase of that system. The Judicial Council conducts extensive performance evaluations, interviews, public hearings, and surveys to assess judicial integrity, diligence, impartiality, legal ability, and administrative skills. Given the wealth of public information collected by the Judicial Council, it is the goal of this proposed legislation to increase the information readily available to the public to foster informed and knowledgeable voters in terms of judicial retention elections. The judicial retention election provides the electorate critical information to make informed decisions regarding judicial retention. This will provide accountability of judicial officers as well as strength public trust. CHAIR HOLLAND asked Ms. Wolstad to explain the changes from the original language in Version B of SB 129 to Version O, [not yet before the committee]. 1:49:59 PM MS. WOLSTAD paraphrased the changes from SB 129 Version B to Version O. [Original punctuation provided.] Section 1 Adds a new section to AS 15.58.030(g).  Material filed by a candidate for election pamphlet.  New section broadens information that may be filed by a person seeking retention in office as a justice or judge. Clarifies information that may be filed by a person seeking retention in office as a justice or judge and establishes a 300-word limit. • Adds information regarding residency of the justice or judge. • Adds information regarding military service of the justice or judge. • Adds information regarding professional activities of the justice or judge, including public outreach and administrative activities. • Adds any additional information that the justice or judge would like to publish to support the justice or judge's candidacy. 1:50:56 PM Section 2: AS 15.58.050. Information and  recommendations on judicial officers.  Section is amended to distinguishes information requirements for justices and judges that are subject to retention election for the first time and individuals seeking continued retention.   Information requirements for judges seeking continued retention. • Added information requirements. • (A) Statement describing the professional philosophy not exceeding 150 words. • (E) Rating of justice or judge by law enforcement officers, attorneys, court employees, jurors. • (F) Number of decisions that were appealed and the rate at which the decisions of the justice or judge were affirmed." • (G) a description of any public disciplinary proceedings against the justice or judge. • (H) Self-assessment evaluating the individual's judicial performance, not to exceed 250 words. 1:51:53 PM MS. WOLSTAD continued to paraphrase the changes from SB 129 to Version O. • Amended information requirements include: • Amend (A), "law school from which the justice or judge graduated" to (B) "a description of the judicial, legal, or other education." • Amend (B), "primary practices areas of the justice or judge before appointment" to (C) "description of professional business experience and positions in the preceding 10 years." • Amend (G) "organizations in which the justice or judge is a current member" to (D) "a list of service organization with which the justice or judge is affiliated." • Removed information requirements included pro bono work. • Remove (D), pro bono work has been removed for justices or judges. 1:52:50 PM • Information requirements for justices seeking continued retention. • Information required includes material described for a judge that is subject to a retention election except the number of decisions that were appealed and the rate at which the decisions that were affirmed. • Information requirements for justice or judge standing for retention for the first time. • Amended and merged (E) "elected offices held by the justice or judge" and (F) "political party offices held by justices or judge" to (A) "previous political and governmental positions held, including any political office held." • Amends (B) "the primary practice areas of the justice or judge before appointment, including the percentage of the justice's or judge's pre-appointment career spent as a trial lawyer" to (B) "the justice's or judge's primary practice areas before appointment, including the approximate percentage of the justice's or judge's pre-appointment career spent as a trial lawyer." • Amend (H) "clients and employers of members of the justices' or judge's household" to "types of clients the justice or judge represented before appointment" MS. WOLSTAD observed that there was a significant difference between the original of SB 129 and Version O. 1:54:46 PM At ease 1:55:08 PM CHAIR HOLLAND reconvened the meeting and opened public testimony on SB 129. 1:55:58 PM DAVID IGNELL, representing self, Juneau, Alaska, stated that he started the website "Powered by Justice." He offered his view that Alaska Natives are underrepresented in Alaska's administrative and judicial branches. In the past 18 months, he has tried to get the Alaska Judicial Council (AJC) to expand the scope of judicial evaluations for the same reasons the committee mentioned. The AJC currently solicits responses to their survey from police officers and social services workers. He recommended that the AJC survey the 230 federally-recognized tribes and publish their responses on judges, but the council declined. It troubles him that Alaska Natives represent 40 percent of the prison population. The AJC heard testimony in November 2020 from an Alaskan Native woman who testified that she would like to see more people who look like her when she walks into a courtroom. The council did not address her concern. When he is in Hoonah, where he owns a home, he hears the resentment from residents. In closing, he said he would like Alaska Native voices to be heard. 1:59:28 PM SENATOR HOLLAND found no one else wished to testify, and closed public testimony on SB 129. 2:00:01 PM SENATOR HUGHES asked why the bill title no longer contained the language "election pamphlet." She wondered if Legislative Legal Services was online to respond. [Legislative Legal services was not online.] 2:00:27 PM SENATOR MYERS answered he was unsure why Legislative Legal drafters removed that language. He stated that the bill addresses the judicial retention elections and additional biographical information that should be included in the election pamphlet. SENATOR HUGHES surmised that the phrase wasnt needed because Sections 1 and 2 related to judicial candidate information were tied to the requirements for the election pamphlet. She asked if that was an accurate statement. 2:01:33 PM SENATOR MYERS agreed that was effectively the case. The statute generally addresses information in the election pamphlet. It covers legislative candidates, ballot initiatives, and judges seeking judicial retention. Section 1 would codify what the Division of Election already asks judges. Since the language reads "may" and not "shall," judicial candidates do not have to submit photographs or a short biographical statement for the election pamphlet. Section 2 relates to the Alaska Judicial Council's (AJC) information provided to the Division of Elections. SB 129 would require information from the AJC. 2:03:17 PM SENATOR SHOWER commented that the Alaska Constitutional Convention consisted of 55 delegates: 49 men and six women, with one Alaska Native. He stated that underrepresentation of Alaska Native is also present in the Village Police Safety Officer program (VPSO). He spoke in support of having more Alaska Native representation in Alaska. He viewed the bill's focus on the judicial branch as an effort to provide a better balance. 2:05:36 PM SENATOR HUGHES referenced Section 2 and asked why the bill limits biographical information on judges to 10 rather than 20 years. 2:05:53 PM SENATOR MYERS answered that the original draft of the bill did not have a time limit. After holding discussions with the AJC and the Alaska Court System, it seemed that after a judge served in office for a significant time, their law school or work experience did not appear relevant. The point was to give voters relevant information, so it did not seem to matter what happened 30 years ago. 2:07:21 PM At ease 2:08:18 PM CHAIR HOLLAND reconvened the meeting. 2:08:21 PM SENATOR HUGHES expressed concern that the biographical information and work experience section would be left blank for those judges with lengthy service. It may give the impression that these judges had no professional service. 2:09:14 PM SENATOR SHOWER made a motion to adopt the committee substitute (CS) for SB 129, work order 32-LS0751\O, as the working document. CHAIR HOLLAND heard no objection, and Version O was adopted. CHAIR HOLLAND turned to invited testimony. 2:10:28 PM At ease 2:10:43 PM CHAIR HOLLAND reconvened the meeting. 2:11:02 PM SENATOR SHOWER asked if the Alaska Court System or the Division of Elections could state their position on the bill. 2:11:45 PM SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council, Alaska Court System, Anchorage, Alaska, via Teams, stated that the Alaska Judicial Council (AJC) does not have a position on SB 129. 2:12:08 PM MICHAELA THOMPSON, Administrative Operations Manager, Division of Elections, Anchorage, Alaska, via teleconference, responded that the Division of Elections does not have a position on SB 129. The division would continue to implement the statutes related to publishing the election pamphlet. 2:12:34 PM SENATOR HUGHES asked whether the election pamphlet would have a category heading left blank if judges with 15 years of service did not list their biographical experience on their application. She pointed out that legislative candidates could decide to skip a question. She recalled that the question would appear in the election pamphlet as a category, but it would be left blank. If so, the voter may think the judicial candidate lacked work experience. MS. THOMPSON answered that the heading would not appear if the judicial candidate did not answer a question, in part, as a space-saving measure the division uses since the election pamphlet is lengthy. 2:13:49 PM SENATOR HUGHES asked if headings for legislative candidates were included and left blank. MS. THOMPSON answered no. She stated that some candidates do not follow the election pamphlet format but submit a biographical statement instead. In those instances, the division would publish the candidates' statements. 2:14:30 PM CHAIR HOLLAND held SB 129 in committee.