HB0034a -1- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
33-LS0175\A
HOUSE BILL NO. 34
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE RAUSCHER
Introduced: 1/13/23
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to the selection and retention of court of appeals and district court 1
judges and magistrates; relating to the qualifications of supreme court justices, superior 2
court judges, district court judges, and magistrates; relating to the duties of the judicial 3
council; relating to the duties of the Commission on Judicial Conduct; and repealing 4
Rule 19.1, Alaska Rules of Administration." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 15.15.030(10) is amended to read: 7
(10) A nonpartisan ballot shall be designed for each judicial district in 8
which a justice or judge is seeking retention in office. The ballot shall be divided into 9
two [FOUR] parts. Each part must bear a heading indicating the court to which the
10
candidate is seeking approval, and provision shall be made for marking each question 11
"Yes" or "No." Within each part, the question of whether the justice or judge shall be 12
approved or rejected shall be set out in substantially the following manner: 13 33-LS0175\A
HB 34 -2- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
(A) "Shall . . . . . . . be retained as justice of the supreme court 1
for 10 years?"; or 2
(B) ["SHALL . . . . . . . . . BE RETAINED AS JUDGE OF THE 3
COURT OF APPEALS FOR EIGHT YEARS?"; 4
(C)] "Shall . . . . . . . be retained as judge of the superior court 5
for six years?"[; OR 6
(D) "SHALL . . . . . . . BE RETAINED AS JUDGE OF THE 7
DISTRICT COURT FOR FOUR YEARS?"] 8
* Sec. 2. AS 15.35.135 is amended to read: 9
Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 10
election ballot. (a) Notice of withdrawal of candidacy for retention at a general 11
election for a supreme court justice or [, JUDGE OF THE COURT OF APPEALS,] 12
superior court judge [, OR DISTRICT COURT JUDGE] must be in writing over the 13
signature of the candidate. 14
(b) When a supreme court justice or superior court judge is a candidate 15
for retention at a general election, the [THE] name of the [A] candidate [FOR 16
RETENTION FOR SUPREME COURT JU STICE, JUDGE OF THE COURT OF 17
APPEALS, SUPERIOR COURT JUDGE, OR DISTRICT COURT JUDGE] must 18
appear on the general election ballot unless notice under (a) of this section of 19
withdrawal of candidacy is received by the director at least 64 days before the date of 20
the general election. 21
* Sec. 3. AS 15.58.050 is amended to read: 22
Sec. 15.58.050. Information and recommendations on judicial officers. Not 23
[NO] later than August 7 of the year in which the state general election will be held, 24
the judicial council shall file with the lieutenant governor a statement including 25
information about each supreme court justice and [, COURT OF APPEALS JUDGE,] 26
superior court judge [, AND DISTRICT COURT JUDGE] who will be subject to a 27
retention election. The statement shall reflect the evaluation of each justice or judge 28
conducted by the judicial council according to law and shall contain a brief statement 29
describing each public reprimand, public censure, or suspension received by the judge 30
under AS 22.30.011(d) during the period covered in the evaluation. A statement may 31 33-LS0175\A
HB0034a -3- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
not exceed 600 words. 1
* Sec. 4. AS 15.58.060(a) is amended to read: 2
(a) Each general election candidate shall pay to the lieutenant governor at the 3
time of filing material under this chapter the following: 4
(1) President or Vice-President of the United States, United States 5
senator, United States representative, governor, lieutenant governor, and supreme 6
court justice, [AND COURT OF APPEALS JUDGE,] $300 each; 7
(2) superior court judge [AND DISTRICT COURT JUDGE], $150 8
[EACH]; 9
(3) state senator and state representative, $100 each. 10
* Sec. 5. AS 22.05.070 is amended to read: 11
Sec. 22.05.070. Qualifications of justices. A justice of the supreme court shall 12
be a citizen of the United States and of the state, a resident of the state for five years 13
immediately preceding appointment, have been engaged for not less than eight years 14
immediately preceding appointment in the active practice of law, have been 15
previously confirmed by the legislature to serve as a court of appeals judge or a 16
district court judge, have served as a court of appeals judge or district court 17
judge in the state, and, at the time of appointment, be licensed to practice law in the 18
state. The active practice of law includes 19
(1) sitting as a judge in a state or territorial court; 20
(2) being actually engaged in advising and representing clients in 21
matters of law; 22
(3) rendering legal services to an agency, branch, or department of a 23
civil government within the United States or a state or territory of the United States, in 24
an elective, appointive, or employed capacity; 25
(4) serving as a professor, associate professor, or assistant professor in 26
a law school accredited by the American Bar Association. 27
* Sec. 6. AS 22.05.100 is amended to read: 28
Sec. 22.05.100. Approval or rejection. Each supreme court justice is subject 29
to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 30
council shall conduct an evaluation of each justice before the retention election and 31 33-LS0175\A
HB 34 -4- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
shall provide to the public information about that justice and may provide a 1
recommendation regarding retention or rejection. The information and any 2
recommendation shall be made public at least 60 days before the retention election. 3
The judicial council shall also provide the information and any recommendation to the 4
office of the lieutenant governor in time for publication in the election pamphlet under 5
AS 15.58.050. If a majority of those voting on the question rejects the candidacy, the 6
rejected justice may not be appointed to fill any vacancy in the supreme court, court of 7
appeals, superior court, [OR] district courts, or magistrate position of the state for a 8
period of four years thereafter. 9
* Sec. 7. AS 22.07.060 is amended to read: 10
Sec. 22.07.060. Approval or rejection. If the legislature rejects a judge who 11
is subject to retention in office by the legislature under (b) of this section [EACH 12
JUDGE OF THE COURT OF APPEALS IS SUBJECT TO APPROVAL OR 13
REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 14
JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 15
BEFORE THE RETENTION ELECTION AND SHALL PROVIDE INFORMATION 16
TO THE PUBLIC ABOUT THE JUDGE AND MAY PROVIDE A 17
RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 18
INFORMATION AND ANY RECOMMENDATION SHALL BE MADE PUBLIC 19
AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 20
SHALL ALSO PROVIDE THE INFORMATION AND ANY 21
RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 22
TIME FOR PUBLICATION IN THE ELECTION PAMPHLET AS REQUIRED BY 23
AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 24
REJECTS THE CANDIDACY OF A JUDGE], the rejected judge may not for a 25
period of four years thereafter be appointed to fill a vacancy in the supreme court, the 26
court of appeals, the superior court, [OR] the district court, or a magistrate position 27
of the state. 28
* Sec. 8. AS 22.07.060 is amended by adding a new subsection to read: 29
(b) Each judge of the court of appeals shall be subject to approval or rejection 30
by a majority of the members of the legislature in joint session at the first legislative 31 33-LS0175\A
HB0034a -5- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
session held more than two years after the judge's appointment. If approved, the judge 1
shall thereafter be subject to approval or rejection in a like manner every second year. 2
Failure of the legislature to act to approve or reject a judge during the regular session 3
in which the judge is subject to retention by the legislature is tantamount to rejection 4
on the day the regular session adjourns. Each judge of the court of appeals seeking 5
retention in office by the legislature shall file with the senate secretary and the chief 6
clerk of the house of representatives a declaration of candidacy for retention not later 7
than August 1 before the legislative session at which approval or rejection is requisite. 8
* Sec. 9. AS 22.07.070 is amended to read: 9
Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 10
successor to fill an impending vacancy in the office of judge of the court of appeals 11
within 45 days after the office becomes vacant [RECEIVING NOMINATIONS 12
FROM THE JUDICIAL COUNCIL,] by appointing for each actual or impending 13
vacancy, one person who is qualified under AS 22.07.040. An appointment made 14
under this subsection is subject to confirmation by a majority of the members of 15
the legislature in joint session [OF TWO OR MORE PERSONS NOMINATED BY 16
THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY]. An 17
appointment to fill an impending vacancy becomes effective upon the later of 18
confirmation by the legislature or the actual occurrence of the vacancy. 19
(b) The office of a judge of the court of appeals becomes vacant 90 days after 20
the judge is rejected by the legislature [ELECTION AT WHICH THE JUDGE IS 21
REJECTED BY A MAJORITY OF THOSE VOTING ON THE QUESTION OR 22
FOR WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY. 23
UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 24
CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 25
ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 26
OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 27
AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 28
PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; HOWEVER, THE 90-DAY 29
PERIOD MAY BE EXTENDED BY THE JUDICIAL COUNCIL WITH THE 30
CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN 31 33-LS0175\A
HB 34 -6- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 1
FAILURE TO FILE A DECLARATION OF CANDIDACY, THE JUDICIAL 2
COUNCIL MAY MEET AT ANY TIME WITHIN THE 90-DAY PERIOD 3
IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE VACANCY 4
AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 5
PERSONS QUALIFIED FOR THE JUDICIAL OFFICE]. 6
* Sec. 10. AS 22.10.090 is amended to read: 7
Sec. 22.10.090. Qualifications of judges. A judge of the superior court shall 8
be a citizen of the United States and of the state, a resident of the state for five years 9
immediately preceding appointment, have been engaged for not less than five years 10
immediately preceding appointment in the active practice of law, have been 11
previously confirmed by the legislature to serve as a court of appeals judge or a 12
district court judge, have served as a court of appeals judge or district court 13
judge in the state, and, at the time of appointment, be licensed to practice law in the 14
state. The active practice of law shall be as defined for justices of the supreme court in 15
AS 22.05.070. 16
* Sec. 11. AS 22.10.150 is amended to read: 17
Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to 18
approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 19
council shall conduct an evaluation of each judge before the retention election and 20
shall provide to the public information about the judge and may provide a 21
recommendation regarding retention or rejection. The information and any 22
recommendation shall be made public at least 60 days before the retention election. 23
The information shall include the judge's consideration of victims when imposing 24
sentence on persons convicted of felony offenses where the offenses involve victims. 25
The judicial council shall also provide the information and any recommendation to the 26
office of the lieutenant governor in time for publication in the election pamphlet under 27
AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 28
judge, the rejected judge may not for a period of four years thereafter be appointed to 29
fill any vacancy in the supreme court, court of appeals, superior court, [OR] district 30
courts, or magistrate position of the state. 31 33-LS0175\A
HB0034a -7- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 12. AS 22.15.160 is amended to read: 1
Sec. 22.15.160. Qualifications of district judges and magistrates. (a) A 2
district judge shall be a citizen of the United States [AND OF THE STATE], at least 3
21 years of age, [A RESIDENT OF THE STATE FOR AT LEAST FIVE YEA RS 4
IMMEDIATELY PRECEDING APPOINTMENT,] and 5
(1) have been engaged in the active practice of law for not less than 6
three years immediately preceding appointment and, at the time of appointment, be 7
licensed to practice law in any state [THE STATE OF ALASKA]; or 8
(2) have served for at least four [SEVEN] years as a magistrate in the 9
state. [THE SUPREME COURT MAY PRESCRIBE ADDITIONAL 10
QUALIFICATIONS.] 11
(b) A magistrate shall be a citizen of the United States and [OF THE STATE,] 12
at least 21 years of age [, AND A RESIDENT OF THE STATE FOR AT LEAST SIX 13
MONTHS IMMEDIATELY PRECEDING APPOINTMENT. THE SUPREME 14
COURT MAY PRESCRIBE ADDITIONAL QUALIFICATIONS]. 15
* Sec. 13. AS 22.15.170(a) is amended to read: 16
(a) The governor shall fill a vacancy or appoint a successor to fill an 17
impending vacancy in an office of district judge or in a magistrate position within 45 18
days after the office or position becomes vacant [RECEIVING NOMINATIONS 19
FROM THE JUDICIAL COUNCIL] by appointing, for each actual or impending 20
vacancy, one person who is qualified under AS 22.15.160. An appointment made 21
under this section is subject to confirmation by a majority of the members of the 22
legislature in joint session. An [OF TWO OR MORE PERSONS NOMINATED BY 23
THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY. THE] 24
appointment to fill an impending vacancy becomes effective upon the later of 25
confirmation by the legislature or the actual occurrence of the vacancy. 26
* Sec. 14. AS 22.15.170(e) is amended to read: 27
(e) The office of a district court judge or magistrate becomes vacant 90 days 28
after [THE ELECTION AT WHICH] the judge or magistrate is rejected by the 29
legislature [A MAJORITY OF THOSE VOTING ON THE QUESTION OR FOR 30
WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY. 31 33-LS0175\A
HB 34 -8- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 1
CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 2
ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 3
OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 4
AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 5
PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; EXCEPT THAT THIS 90-6
DAY PERIOD MAY BE EXTENDED BY THE COUNCIL WITH THE 7
CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN 8
IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 9
FAILURE TO FILE A DECLARATION OF CANDIDACY, THE COUNCIL MAY 10
MEET AT ANY TIME WITHIN THE 90-DAY PERIOD IMMEDIATELY 11
PRECEDING THE EFFECTIVE DATE OF THE VACANCY AND SUBMIT TO 12
THE GOVERNOR THE NAMES OF TWO OR MORE PERSONS QUALIFIED 13
FOR THE JUDICIAL OFFICE]. 14
* Sec. 15. AS 22.15.195 is amended to read: 15
Sec. 22.15.195. Approval or rejection. If the legislature rejects a judge or 16
magistrate who is subject to retention by the legislature under (b) of this section 17
[EACH DISTRICT COURT JUDGE IS SUBJECT TO APPROVAL OR 18
REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 19
JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 20
BEFORE THE RETENTION ELECTION AND SHALL PROVIDE TO THE 21
PUBLIC INFORMATION ABOUT THE JUDGE AND MAY PROVIDE A 22
RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 23
INFORMATION AND THE RECOMMENDATION SHALL BE MADE PUBLIC 24
AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 25
SHALL ALSO PROVIDE THE INFORMATION AND ANY 26
RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 27
TIME FOR PUBLICATION IN THE ELECTION PAMPHLET UNDER 28
AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 29
REJECTS THE CANDIDACY OF A JUDGE], the rejected judge or magistrate may 30
not for a period of four years thereafter be appointed to fill any vacancy in the 31 33-LS0175\A
HB0034a -9- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
supreme court, the court of appeals, the superior court, the [OR] district court, or a 1
magistrate position [COURTS] of the state. 2
* Sec. 16. AS 22.15.195 is amended by adding a new subsection to read: 3
(b) Each district court judge and magistrate shall be subject to approval or 4
rejection by a majority of the members of the legislature in joint session at the first 5
legislative session held more than two years after the judge's or magistrate's 6
appointment. If approved, the judge or magistrate shall thereafter be subject to 7
approval or rejection in a like manner every second year. Failure of the legislature to 8
act to approve or reject a judge or magistrate during the regular session in which the 9
judge or magistrate is subject to retention by the legislature is tantamount to rejection 10
on the day the regular session adjourns. Each district court judge or magistrate seeking 11
retention in office by the legislature shall file with the senate secretary and the chief 12
clerk of the house of representatives a declaration of candidacy for retention not later 13
than August 1 before the legislative session at which approval or rejection is requisite. 14
* Sec. 17. AS 22.15.205 is amended to read: 15
Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 16
impeachment by the legislature for malfeasance or misfeasance in the performance of 17
official duties. Impeachment must originate in the senate and must be approved by 18
two-thirds vote of its members. The motion for impeachment must list fully the basis 19
for the proceeding. Trial on impeachment shall be conducted by the house of 20
representatives. A supreme court justice designated by the court shall preside at the 21
trial. Concurrence of two-thirds of the members of the house is required for a 22
judgment of impeachment. The judgment may not extend beyond removal from office, 23
but does not prevent proceedings in the courts on the same or related charges. 24
* Sec. 18. AS 22.30.011(a) is amended to read: 25
(a) The commission shall on its own motion or on receipt of a written 26
complaint inquire into an allegation that a judge or magistrate 27
(1) has been convicted of a crime punishable as a felony under state or 28
federal law or convicted of a crime that involves moral turpitude under state or federal 29
law; 30
(2) suffers from a disability that seriously interferes with the 31 33-LS0175\A
HB 34 -10- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
performance of [JUDICIAL] duties and that is or may become permanent; 1
(3) within a period of not more than six years before the filing of the 2
complaint or before the beginning of the commission's inquiry based on its own 3
motion, committed an act or acts that constitute 4
(A) wilful misconduct in office; 5
(B) wilful and persistent failure to perform the [JUDICIAL] 6
duties of the judge or magistrate; 7
(C) conduct prejudicial to the administration of justice; 8
(D) conduct that brings the judicial office or magistrate's 9
office into disrepute; or 10
(E) conduct in violation of the code of judicial conduct; or 11
(4) is habitually intemperate. 12
* Sec. 19. AS 22.30.011(b) is amended to read: 13
(b) After preliminary informal consideration of an allegation, the commission 14
may exonerate the judge or magistrate, informally and privately admonish the judge 15
or magistrate, or recommend counseling. Upon a finding of probable cause, the 16
commission shall hold a formal hearing on the allegation. A hearing under this 17
subsection is public. Proceedings and records pertaining to proceedings that occur 18
before the commission holds a public hearing on an allegation are confidential, subject 19
to the provisions of AS 22.30.060(b). 20
* Sec. 20. AS 22.30.011(c) is amended to read: 21
(c) A judge or magistrate appearing before the commission at the hearing is 22
entitled to counsel, may present evidence, and may cross-examine witnesses. 23
* Sec. 21. AS 22.30.011(d) is amended to read: 24
(d) The commission shall, after a hearing held under (b) of this section, 25
(1) exonerate the judge or magistrate of the charges; or 26
(2) refer the matter to the supreme court with a recommendation that 27
the judge or magistrate be reprimanded, suspended, removed [,] or retired from 28
office, or publicly or privately censured by the supreme court. 29
* Sec. 22. AS 22.30.011(g) is amended to read: 30
(g) If the commission exonerates a judge or magistrate, a copy of the 31 33-LS0175\A
HB0034a -11- HB 34
New Text Underlined [DELETED TEXT BRACKETED]
proceedings and report of the commission may be made public on the request of the 1
judge or magistrate. 2
* Sec. 23. AS 22.30.011(h) is amended to read: 3
(h) If a supreme court justice or superior court judge has been publicly 4
reprimanded, suspended, or publicly censured under this section and the justice or 5
judge has filed a declaration of candidacy for retention in office, the commission shall 6
report to the judicial council for inclusion in the statement filed by the judicial council 7
under AS 15.58.050 each public reprimand, suspension, or public censure received by 8
the justice or judge 9
(1) since appointment; or 10
(2) if the justice or judge has been retained by election, since the last 11
retention election of the justice or judge. 12
* Sec. 24. AS 22.30.070 is amended to read: 13
Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 14
censure of judges and magistrates. (a) A judge or magistrate is disqualified from 15
acting as a judge or magistrate, without loss of salary, while there is pending 16
(1) an indictment or an information charging the judge or magistrate 17
in the United States with a crime punishable as a felony under state [ALASKA] or 18
federal law; [,] or 19
(2) a recommendation to the supreme court by the commission for the 20
removal or retirement of the judge or magistrate. 21
(b) On recommendation of the commission, the supreme court may reprimand, 22
publicly or privately censure, or suspend a judge or magistrate from office without 23
salary when in the United States the judge or magistrate pleads guilty or no contest or 24
is found guilty of a crime punishable as a felony under state or federal law or of a 25
crime that involves moral turpitude under state or federal law. If the conviction is 26
reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 27
or magistrate's salary for the period of suspension. If the judge or magistrate is 28
suspended and the conviction becomes final, the supreme court shall remove the judge 29
or magistrate from office. 30
(c) On recommendation of the commission, the supreme court may (1) retire a 31 33-LS0175\A
HB 34 -12- HB0034a
New Text Underlined [DELETED TEXT BRACKETED]
judge or magistrate for disability that seriously interferes with the performance of 1
duties and that is or may become permanent, and (2) reprimand, publicly or privately 2
censure, or remove a judge or magistrate for action, occurring not more than six 3
years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 4
or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 5
wilful and persistent failure to perform duties, habitual intemperance, conduct 6
prejudicial to the administration of justice, or conduct that brings the judicial office or 7
magistrate's office into disrepute. The effective date of retirement under (1) of this 8
subsection is the first day of the month coinciding with or after the date that the 9
supreme court files written notice with the commissioner of administration that the 10
judge or magistrate was retired for disability. A duplicate copy of the notice shall be 11
filed with the judicial council. 12
(d) A judge or magistrate retired by the supreme court shall be considered to 13
have retired voluntarily. A judge or magistrate removed by the supreme court is 14
ineligible for judicial office or for a magistrate position for a period of three years. 15
(e) A supreme court justice who has participated in proceedings involving a 16
judge or justice of any court or a magistrate may not participate in an appeal 17
involving that judge, [OR] justice, or magistrate in that particular matter. 18
* Sec. 25. AS 15.35.053, 15.35.055, 15.35.057, 15.35.059, 15.35.100, 15.35.110, 15.35.120, 19
15.35.130; AS 22.15.170(c), and 22.15.170(d) are repealed. 20
* Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
REPEAL OF COURT RULE. Rule 19.1, Alaska Rules of Administration, is repealed. 23
* Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 24
read: 25
APPLICABILITY. The qualifications for supreme court justices under AS 22.05.070, 26
as amended by sec. 5 of this Act, superior court judges under AS 22.10.090, as amended by 27
sec. 10 of this Act, and district judges and magistrates under AS 22.15.160, as amended by 28
sec. 12 of this Act, apply to supreme court justices, superior court judges, district judges, and 29
magistrates appointed on or after the effective date of this Act. 30