Alaska 2023-2024 Regular Session

Alaska House Bill HB34 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0034a -1- HB 34
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5	5	33-LS0175\A
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9	9
10	10
11	11	HOUSE BILL NO. 34
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE RAUSCHER
18	18
19	19	Introduced: 1/13/23
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the selection and retention of court of appeals and district court 1
28	28	judges and magistrates; relating to the qualifications of supreme court justices, superior 2
29	29	court judges, district court judges, and magistrates; relating to the duties of the judicial 3
30	30	council; relating to the duties of the Commission on Judicial Conduct; and repealing 4
31	31	Rule 19.1, Alaska Rules of Administration." 5
32	32	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
33	33	* Section 1. AS 15.15.030(10) is amended to read: 7
34	34	(10) A nonpartisan ballot shall be designed for each judicial district in 8
35	35	which a justice or judge is seeking retention in office. The ballot shall be divided into 9
36	36	two [FOUR] parts. Each part must bear a heading indicating the court to which the
37	37	10
38	38	candidate is seeking approval, and provision shall be made for marking each question 11
39	39	"Yes" or "No." Within each part, the question of whether the justice or judge shall be 12
40	40	approved or rejected shall be set out in substantially the following manner: 13 33-LS0175\A
41	41	HB 34 -2- HB0034a
42	42	New Text Underlined [DELETED TEXT BRACKETED]
43	43
44	44	(A) "Shall . . . . . . . be retained as justice of the supreme court 1
45	45	for 10 years?"; or 2
46	46	(B) ["SHALL . . . . . . . . . BE RETAINED AS JUDGE OF THE 3
47	47	COURT OF APPEALS FOR EIGHT YEARS?"; 4
48	48	(C)] "Shall . . . . . . . be retained as judge of the superior court 5
49	49	for six years?"[; OR 6
50	50	(D) "SHALL . . . . . . . BE RETAINED AS JUDGE OF THE 7
51	51	DISTRICT COURT FOR FOUR YEARS?"] 8
52	52	* Sec. 2. AS 15.35.135 is amended to read: 9
53	53	Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 10
54	54	election ballot. (a) Notice of withdrawal of candidacy for retention at a general 11
55	55	election for a supreme court justice or [, JUDGE OF THE COURT OF APPEALS,] 12
56	56	superior court judge [, OR DISTRICT COURT JUDGE] must be in writing over the 13
57	57	signature of the candidate. 14
58	58	(b) When a supreme court justice or superior court judge is a candidate 15
59	59	for retention at a general election, the [THE] name of the [A] candidate [FOR 16
60	60	RETENTION FOR SUPREME COURT JU STICE, JUDGE OF THE COURT OF 17
61	61	APPEALS, SUPERIOR COURT JUDGE, OR DISTRICT COURT JUDGE] must 18
62	62	appear on the general election ballot unless notice under (a) of this section of 19
63	63	withdrawal of candidacy is received by the director at least 64 days before the date of 20
64	64	the general election. 21
65	65	* Sec. 3. AS 15.58.050 is amended to read: 22
66	66	Sec. 15.58.050. Information and recommendations on judicial officers. Not 23
67	67	[NO] later than August 7 of the year in which the state general election will be held, 24
68	68	the judicial council shall file with the lieutenant governor a statement including 25
69	69	information about each supreme court justice and [, COURT OF APPEALS JUDGE,] 26
70	70	superior court judge [, AND DISTRICT COURT JUDGE] who will be subject to a 27
71	71	retention election. The statement shall reflect the evaluation of each justice or judge 28
72	72	conducted by the judicial council according to law and shall contain a brief statement 29
73	73	describing each public reprimand, public censure, or suspension received by the judge 30
74	74	under AS 22.30.011(d) during the period covered in the evaluation. A statement may 31 33-LS0175\A
75	75	HB0034a -3- HB 34
76	76	New Text Underlined [DELETED TEXT BRACKETED]
77	77
78	78	not exceed 600 words. 1
79	79	* Sec. 4. AS 15.58.060(a) is amended to read: 2
80	80	(a) Each general election candidate shall pay to the lieutenant governor at the 3
81	81	time of filing material under this chapter the following: 4
82	82	(1) President or Vice-President of the United States, United States 5
83	83	senator, United States representative, governor, lieutenant governor, and supreme 6
84	84	court justice, [AND COURT OF APPEALS JUDGE,] $300 each; 7
85	85	(2) superior court judge [AND DISTRICT COURT JUDGE], $150 8
86	86	[EACH]; 9
87	87	(3) state senator and state representative, $100 each. 10
88	88	* Sec. 5. AS 22.05.070 is amended to read: 11
89	89	Sec. 22.05.070. Qualifications of justices. A justice of the supreme court shall 12
90	90	be a citizen of the United States and of the state, a resident of the state for five years 13
91	91	immediately preceding appointment, have been engaged for not less than eight years 14
92	92	immediately preceding appointment in the active practice of law, have been 15
93	93	previously confirmed by the legislature to serve as a court of appeals judge or a 16
94	94	district court judge, have served as a court of appeals judge or district court 17
95	95	judge in the state, and, at the time of appointment, be licensed to practice law in the 18
96	96	state. The active practice of law includes 19
97	97	(1) sitting as a judge in a state or territorial court; 20
98	98	(2) being actually engaged in advising and representing clients in 21
99	99	matters of law; 22
100	100	(3) rendering legal services to an agency, branch, or department of a 23
101	101	civil government within the United States or a state or territory of the United States, in 24
102	102	an elective, appointive, or employed capacity; 25
103	103	(4) serving as a professor, associate professor, or assistant professor in 26
104	104	a law school accredited by the American Bar Association. 27
105	105	* Sec. 6. AS 22.05.100 is amended to read: 28
106	106	Sec. 22.05.100. Approval or rejection. Each supreme court justice is subject 29
107	107	to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 30
108	108	council shall conduct an evaluation of each justice before the retention election and 31 33-LS0175\A
109	109	HB 34 -4- HB0034a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
111	111
112	112	shall provide to the public information about that justice and may provide a 1
113	113	recommendation regarding retention or rejection. The information and any 2
114	114	recommendation shall be made public at least 60 days before the retention election. 3
115	115	The judicial council shall also provide the information and any recommendation to the 4
116	116	office of the lieutenant governor in time for publication in the election pamphlet under 5
117	117	AS 15.58.050. If a majority of those voting on the question rejects the candidacy, the 6
118	118	rejected justice may not be appointed to fill any vacancy in the supreme court, court of 7
119	119	appeals, superior court, [OR] district courts, or magistrate position of the state for a 8
120	120	period of four years thereafter. 9
121	121	* Sec. 7. AS 22.07.060 is amended to read: 10
122	122	Sec. 22.07.060. Approval or rejection. If the legislature rejects a judge who 11
123	123	is subject to retention in office by the legislature under (b) of this section [EACH 12
124	124	JUDGE OF THE COURT OF APPEALS IS SUBJECT TO APPROVAL OR 13
125	125	REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 14
126	126	JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 15
127	127	BEFORE THE RETENTION ELECTION AND SHALL PROVIDE INFORMATION 16
128	128	TO THE PUBLIC ABOUT THE JUDGE AND MAY PROVIDE A 17
129	129	RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 18
130	130	INFORMATION AND ANY RECOMMENDATION SHALL BE MADE PUBLIC 19
131	131	AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 20
132	132	SHALL ALSO PROVIDE THE INFORMATION AND ANY 21
133	133	RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 22
134	134	TIME FOR PUBLICATION IN THE ELECTION PAMPHLET AS REQUIRED BY 23
135	135	AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 24
136	136	REJECTS THE CANDIDACY OF A JUDGE], the rejected judge may not for a 25
137	137	period of four years thereafter be appointed to fill a vacancy in the supreme court, the 26
138	138	court of appeals, the superior court, [OR] the district court, or a magistrate position 27
139	139	of the state. 28
140	140	* Sec. 8. AS 22.07.060 is amended by adding a new subsection to read: 29
141	141	(b) Each judge of the court of appeals shall be subject to approval or rejection 30
142	142	by a majority of the members of the legislature in joint session at the first legislative 31 33-LS0175\A
143	143	HB0034a -5- HB 34
144	144	New Text Underlined [DELETED TEXT BRACKETED]
145	145
146	146	session held more than two years after the judge's appointment. If approved, the judge 1
147	147	shall thereafter be subject to approval or rejection in a like manner every second year. 2
148	148	Failure of the legislature to act to approve or reject a judge during the regular session 3
149	149	in which the judge is subject to retention by the legislature is tantamount to rejection 4
150	150	on the day the regular session adjourns. Each judge of the court of appeals seeking 5
151	151	retention in office by the legislature shall file with the senate secretary and the chief 6
152	152	clerk of the house of representatives a declaration of candidacy for retention not later 7
153	153	than August 1 before the legislative session at which approval or rejection is requisite. 8
154	154	* Sec. 9. AS 22.07.070 is amended to read: 9
155	155	Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 10
156	156	successor to fill an impending vacancy in the office of judge of the court of appeals 11
157	157	within 45 days after the office becomes vacant [RECEIVING NOMINATIONS 12
158	158	FROM THE JUDICIAL COUNCIL,] by appointing for each actual or impending 13
159	159	vacancy, one person who is qualified under AS 22.07.040. An appointment made 14
160	160	under this subsection is subject to confirmation by a majority of the members of 15
161	161	the legislature in joint session [OF TWO OR MORE PERSONS NOMINATED BY 16
162	162	THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY]. An 17
163	163	appointment to fill an impending vacancy becomes effective upon the later of 18
164	164	confirmation by the legislature or the actual occurrence of the vacancy. 19
165	165	(b) The office of a judge of the court of appeals becomes vacant 90 days after 20
166	166	the judge is rejected by the legislature [ELECTION AT WHICH THE JUDGE IS 21
167	167	REJECTED BY A MAJORITY OF THOSE VOTING ON THE QUESTION OR 22
168	168	FOR WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY. 23
169	169	UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 24
170	170	CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 25
171	171	ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 26
172	172	OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 27
173	173	AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 28
174	174	PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; HOWEVER, THE 90-DAY 29
175	175	PERIOD MAY BE EXTENDED BY THE JUDICIAL COUNCIL WITH THE 30
176	176	CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN 31 33-LS0175\A
177	177	HB 34 -6- HB0034a
178	178	New Text Underlined [DELETED TEXT BRACKETED]
179	179
180	180	IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 1
181	181	FAILURE TO FILE A DECLARATION OF CANDIDACY, THE JUDICIAL 2
182	182	COUNCIL MAY MEET AT ANY TIME WITHIN THE 90-DAY PERIOD 3
183	183	IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE VACANCY 4
184	184	AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 5
185	185	PERSONS QUALIFIED FOR THE JUDICIAL OFFICE]. 6
186	186	* Sec. 10. AS 22.10.090 is amended to read: 7
187	187	Sec. 22.10.090. Qualifications of judges. A judge of the superior court shall 8
188	188	be a citizen of the United States and of the state, a resident of the state for five years 9
189	189	immediately preceding appointment, have been engaged for not less than five years 10
190	190	immediately preceding appointment in the active practice of law, have been 11
191	191	previously confirmed by the legislature to serve as a court of appeals judge or a 12
192	192	district court judge, have served as a court of appeals judge or district court 13
193	193	judge in the state, and, at the time of appointment, be licensed to practice law in the 14
194	194	state. The active practice of law shall be as defined for justices of the supreme court in 15
195	195	AS 22.05.070. 16
196	196	* Sec. 11. AS 22.10.150 is amended to read: 17
197	197	Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to 18
198	198	approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 19
199	199	council shall conduct an evaluation of each judge before the retention election and 20
200	200	shall provide to the public information about the judge and may provide a 21
201	201	recommendation regarding retention or rejection. The information and any 22
202	202	recommendation shall be made public at least 60 days before the retention election. 23
203	203	The information shall include the judge's consideration of victims when imposing 24
204	204	sentence on persons convicted of felony offenses where the offenses involve victims. 25
205	205	The judicial council shall also provide the information and any recommendation to the 26
206	206	office of the lieutenant governor in time for publication in the election pamphlet under 27
207	207	AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 28
208	208	judge, the rejected judge may not for a period of four years thereafter be appointed to 29
209	209	fill any vacancy in the supreme court, court of appeals, superior court, [OR] district 30
210	210	courts, or magistrate position of the state. 31 33-LS0175\A
211	211	HB0034a -7- HB 34
212	212	New Text Underlined [DELETED TEXT BRACKETED]
213	213
214	214	* Sec. 12. AS 22.15.160 is amended to read: 1
215	215	Sec. 22.15.160. Qualifications of district judges and magistrates. (a) A 2
216	216	district judge shall be a citizen of the United States [AND OF THE STATE], at least 3
217	217	21 years of age, [A RESIDENT OF THE STATE FOR AT LEAST FIVE YEA RS 4
218	218	IMMEDIATELY PRECEDING APPOINTMENT,] and 5
219	219	(1) have been engaged in the active practice of law for not less than 6
220	220	three years immediately preceding appointment and, at the time of appointment, be 7
221	221	licensed to practice law in any state [THE STATE OF ALASKA]; or 8
222	222	(2) have served for at least four [SEVEN] years as a magistrate in the 9
223	223	state. [THE SUPREME COURT MAY PRESCRIBE ADDITIONAL 10
224	224	QUALIFICATIONS.] 11
225	225	(b) A magistrate shall be a citizen of the United States and [OF THE STATE,] 12
226	226	at least 21 years of age [, AND A RESIDENT OF THE STATE FOR AT LEAST SIX 13
227	227	MONTHS IMMEDIATELY PRECEDING APPOINTMENT. THE SUPREME 14
228	228	COURT MAY PRESCRIBE ADDITIONAL QUALIFICATIONS]. 15
229	229	* Sec. 13. AS 22.15.170(a) is amended to read: 16
230	230	(a) The governor shall fill a vacancy or appoint a successor to fill an 17
231	231	impending vacancy in an office of district judge or in a magistrate position within 45 18
232	232	days after the office or position becomes vacant [RECEIVING NOMINATIONS 19
233	233	FROM THE JUDICIAL COUNCIL] by appointing, for each actual or impending 20
234	234	vacancy, one person who is qualified under AS 22.15.160. An appointment made 21
235	235	under this section is subject to confirmation by a majority of the members of the 22
236	236	legislature in joint session. An [OF TWO OR MORE PERSONS NOMINATED BY 23
237	237	THE COUNCIL FOR EACH ACTUAL OR IMPENDING VACANCY. THE] 24
238	238	appointment to fill an impending vacancy becomes effective upon the later of 25
239	239	confirmation by the legislature or the actual occurrence of the vacancy. 26
240	240	* Sec. 14. AS 22.15.170(e) is amended to read: 27
241	241	(e) The office of a district court judge or magistrate becomes vacant 90 days 28
242	242	after [THE ELECTION AT WHICH] the judge or magistrate is rejected by the 29
243	243	legislature [A MAJORITY OF THOSE VOTING ON THE QUESTION OR FOR 30
244	244	WHICH THE JUDGE FAILS TO FILE A DECLARATION OF CANDIDACY. 31 33-LS0175\A
245	245	HB 34 -8- HB0034a
246	246	New Text Underlined [DELETED TEXT BRACKETED]
247	247
248	248	UPON THE OCCURRENCE OF (1) AN ACTUAL VACANCY; (2) THE 1
249	249	CERTIFICATION OF REJECTION FOLLOWING AN ELECTION; OR (3) THE 2
250	250	ELECTION FOLLOWING FAILURE OF A JUDGE TO FILE A DECLARATION 3
251	251	OF CANDIDACY, THE JUDICIAL COUNCIL SHALL MEET WITHIN 90 DAYS 4
252	252	AND SUBMIT TO THE GOVERNOR THE NAMES OF TWO OR MORE 5
253	253	PERSONS QUALIFIED FOR THE JUDICIAL OFFICE; EXCEPT THAT THIS 90-6
254	254	DAY PERIOD MAY BE EXTENDED BY THE COUNCIL WITH THE 7
255	255	CONCURRENCE OF THE SUPREME COURT. IN THE EVENT OF AN 8
256	256	IMPENDING VACANCY OTHER THAN BY REASON OF REJECTION OR 9
257	257	FAILURE TO FILE A DECLARATION OF CANDIDACY, THE COUNCIL MAY 10
258	258	MEET AT ANY TIME WITHIN THE 90-DAY PERIOD IMMEDIATELY 11
259	259	PRECEDING THE EFFECTIVE DATE OF THE VACANCY AND SUBMIT TO 12
260	260	THE GOVERNOR THE NAMES OF TWO OR MORE PERSONS QUALIFIED 13
261	261	FOR THE JUDICIAL OFFICE]. 14
262	262	* Sec. 15. AS 22.15.195 is amended to read: 15
263	263	Sec. 22.15.195. Approval or rejection. If the legislature rejects a judge or 16
264	264	magistrate who is subject to retention by the legislature under (b) of this section 17
265	265	[EACH DISTRICT COURT JUDGE IS SUBJECT TO APPROVAL OR 18
266	266	REJECTION AS PROVIDED IN AS 15 (ALASKA ELECTION CODE). THE 19
267	267	JUDICIAL COUNCIL SHALL CONDUCT AN EVALUATION OF EACH JUDGE 20
268	268	BEFORE THE RETENTION ELECTION AND SHALL PROVIDE TO THE 21
269	269	PUBLIC INFORMATION ABOUT THE JUDGE AND MAY PROVIDE A 22
270	270	RECOMMENDATION REGARDING RETENTION OR REJECTION. THE 23
271	271	INFORMATION AND THE RECOMMENDATION SHALL BE MADE PUBLIC 24
272	272	AT LEAST 60 DAYS BEFORE THE ELECTION. THE JUDICIAL COUNCIL 25
273	273	SHALL ALSO PROVIDE THE INFORMATION AND ANY 26
274	274	RECOMMENDATION TO THE OFFICE OF THE LIEUTENANT GOVERNOR IN 27
275	275	TIME FOR PUBLICATION IN THE ELECTION PAMPHLET UNDER 28
276	276	AS 15.58.050. IF A MAJORITY OF THOSE VOTING ON THE QUESTION 29
277	277	REJECTS THE CANDIDACY OF A JUDGE], the rejected judge or magistrate may 30
278	278	not for a period of four years thereafter be appointed to fill any vacancy in the 31 33-LS0175\A
279	279	HB0034a -9- HB 34
280	280	New Text Underlined [DELETED TEXT BRACKETED]
281	281
282	282	supreme court, the court of appeals, the superior court, the [OR] district court, or a 1
283	283	magistrate position [COURTS] of the state. 2
284	284	* Sec. 16. AS 22.15.195 is amended by adding a new subsection to read: 3
285	285	(b) Each district court judge and magistrate shall be subject to approval or 4
286	286	rejection by a majority of the members of the legislature in joint session at the first 5
287	287	legislative session held more than two years after the judge's or magistrate's 6
288	288	appointment. If approved, the judge or magistrate shall thereafter be subject to 7
289	289	approval or rejection in a like manner every second year. Failure of the legislature to 8
290	290	act to approve or reject a judge or magistrate during the regular session in which the 9
291	291	judge or magistrate is subject to retention by the legislature is tantamount to rejection 10
292	292	on the day the regular session adjourns. Each district court judge or magistrate seeking 11
293	293	retention in office by the legislature shall file with the senate secretary and the chief 12
294	294	clerk of the house of representatives a declaration of candidacy for retention not later 13
295	295	than August 1 before the legislative session at which approval or rejection is requisite. 14
296	296	* Sec. 17. AS 22.15.205 is amended to read: 15
297	297	Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 16
298	298	impeachment by the legislature for malfeasance or misfeasance in the performance of 17
299	299	official duties. Impeachment must originate in the senate and must be approved by 18
300	300	two-thirds vote of its members. The motion for impeachment must list fully the basis 19
301	301	for the proceeding. Trial on impeachment shall be conducted by the house of 20
302	302	representatives. A supreme court justice designated by the court shall preside at the 21
303	303	trial. Concurrence of two-thirds of the members of the house is required for a 22
304	304	judgment of impeachment. The judgment may not extend beyond removal from office, 23
305	305	but does not prevent proceedings in the courts on the same or related charges. 24
306	306	* Sec. 18. AS 22.30.011(a) is amended to read: 25
307	307	(a) The commission shall on its own motion or on receipt of a written 26
308	308	complaint inquire into an allegation that a judge or magistrate 27
309	309	(1) has been convicted of a crime punishable as a felony under state or 28
310	310	federal law or convicted of a crime that involves moral turpitude under state or federal 29
311	311	law; 30
312	312	(2) suffers from a disability that seriously interferes with the 31 33-LS0175\A
313	313	HB 34 -10- HB0034a
314	314	New Text Underlined [DELETED TEXT BRACKETED]
315	315
316	316	performance of [JUDICIAL] duties and that is or may become permanent; 1
317	317	(3) within a period of not more than six years before the filing of the 2
318	318	complaint or before the beginning of the commission's inquiry based on its own 3
319	319	motion, committed an act or acts that constitute 4
320	320	(A) wilful misconduct in office; 5
321	321	(B) wilful and persistent failure to perform the [JUDICIAL] 6
322	322	duties of the judge or magistrate; 7
323	323	(C) conduct prejudicial to the administration of justice; 8
324	324	(D) conduct that brings the judicial office or magistrate's 9
325	325	office into disrepute; or 10
326	326	(E) conduct in violation of the code of judicial conduct; or 11
327	327	(4) is habitually intemperate. 12
328	328	* Sec. 19. AS 22.30.011(b) is amended to read: 13
329	329	(b) After preliminary informal consideration of an allegation, the commission 14
330	330	may exonerate the judge or magistrate, informally and privately admonish the judge 15
331	331	or magistrate, or recommend counseling. Upon a finding of probable cause, the 16
332	332	commission shall hold a formal hearing on the allegation. A hearing under this 17
333	333	subsection is public. Proceedings and records pertaining to proceedings that occur 18
334	334	before the commission holds a public hearing on an allegation are confidential, subject 19
335	335	to the provisions of AS 22.30.060(b). 20
336	336	* Sec. 20. AS 22.30.011(c) is amended to read: 21
337	337	(c) A judge or magistrate appearing before the commission at the hearing is 22
338	338	entitled to counsel, may present evidence, and may cross-examine witnesses. 23
339	339	* Sec. 21. AS 22.30.011(d) is amended to read: 24
340	340	(d) The commission shall, after a hearing held under (b) of this section, 25
341	341	(1) exonerate the judge or magistrate of the charges; or 26
342	342	(2) refer the matter to the supreme court with a recommendation that 27
343	343	the judge or magistrate be reprimanded, suspended, removed [,] or retired from 28
344	344	office, or publicly or privately censured by the supreme court. 29
345	345	* Sec. 22. AS 22.30.011(g) is amended to read: 30
346	346	(g) If the commission exonerates a judge or magistrate, a copy of the 31 33-LS0175\A
347	347	HB0034a -11- HB 34
348	348	New Text Underlined [DELETED TEXT BRACKETED]
349	349
350	350	proceedings and report of the commission may be made public on the request of the 1
351	351	judge or magistrate. 2
352	352	* Sec. 23. AS 22.30.011(h) is amended to read: 3
353	353	(h) If a supreme court justice or superior court judge has been publicly 4
354	354	reprimanded, suspended, or publicly censured under this section and the justice or 5
355	355	judge has filed a declaration of candidacy for retention in office, the commission shall 6
356	356	report to the judicial council for inclusion in the statement filed by the judicial council 7
357	357	under AS 15.58.050 each public reprimand, suspension, or public censure received by 8
358	358	the justice or judge 9
359	359	(1) since appointment; or 10
360	360	(2) if the justice or judge has been retained by election, since the last 11
361	361	retention election of the justice or judge. 12
362	362	* Sec. 24. AS 22.30.070 is amended to read: 13
363	363	Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 14
364	364	censure of judges and magistrates. (a) A judge or magistrate is disqualified from 15
365	365	acting as a judge or magistrate, without loss of salary, while there is pending 16
366	366	(1) an indictment or an information charging the judge or magistrate 17
367	367	in the United States with a crime punishable as a felony under state [ALASKA] or 18
368	368	federal law; [,] or 19
369	369	(2) a recommendation to the supreme court by the commission for the 20
370	370	removal or retirement of the judge or magistrate. 21
371	371	(b) On recommendation of the commission, the supreme court may reprimand, 22
372	372	publicly or privately censure, or suspend a judge or magistrate from office without 23
373	373	salary when in the United States the judge or magistrate pleads guilty or no contest or 24
374	374	is found guilty of a crime punishable as a felony under state or federal law or of a 25
375	375	crime that involves moral turpitude under state or federal law. If the conviction is 26
376	376	reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 27
377	377	or magistrate's salary for the period of suspension. If the judge or magistrate is 28
378	378	suspended and the conviction becomes final, the supreme court shall remove the judge 29
379	379	or magistrate from office. 30
380	380	(c) On recommendation of the commission, the supreme court may (1) retire a 31 33-LS0175\A
381	381	HB 34 -12- HB0034a
382	382	New Text Underlined [DELETED TEXT BRACKETED]
383	383
384	384	judge or magistrate for disability that seriously interferes with the performance of 1
385	385	duties and that is or may become permanent, and (2) reprimand, publicly or privately 2
386	386	censure, or remove a judge or magistrate for action, occurring not more than six 3
387	387	years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 4
388	388	or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 5
389	389	wilful and persistent failure to perform duties, habitual intemperance, conduct 6
390	390	prejudicial to the administration of justice, or conduct that brings the judicial office or 7
391	391	magistrate's office into disrepute. The effective date of retirement under (1) of this 8
392	392	subsection is the first day of the month coinciding with or after the date that the 9
393	393	supreme court files written notice with the commissioner of administration that the 10
394	394	judge or magistrate was retired for disability. A duplicate copy of the notice shall be 11
395	395	filed with the judicial council. 12
396	396	(d) A judge or magistrate retired by the supreme court shall be considered to 13
397	397	have retired voluntarily. A judge or magistrate removed by the supreme court is 14
398	398	ineligible for judicial office or for a magistrate position for a period of three years. 15
399	399	(e) A supreme court justice who has participated in proceedings involving a 16
400	400	judge or justice of any court or a magistrate may not participate in an appeal 17
401	401	involving that judge, [OR] justice, or magistrate in that particular matter. 18
402	402	* 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
403	403	15.35.130; AS 22.15.170(c), and 22.15.170(d) are repealed. 20
404	404	* Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 21
405	405	read: 22
406	406	REPEAL OF COURT RULE. Rule 19.1, Alaska Rules of Administration, is repealed. 23
407	407	* Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 24
408	408	read: 25
409	409	APPLICABILITY. The qualifications for supreme court justices under AS 22.05.070, 26
410	410	as amended by sec. 5 of this Act, superior court judges under AS 22.10.090, as amended by 27
411	411	sec. 10 of this Act, and district judges and magistrates under AS 22.15.160, as amended by 28
412	412	sec. 12 of this Act, apply to supreme court justices, superior court judges, district judges, and 29
413	413	magistrates appointed on or after the effective date of this Act. 30