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HOUSE BILL NO. 82
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE RAUSCHER
Introduced: 2/27/23
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to the selection, retention, and rejection of judicial officers for the 1
court of appeals and the district court and of magistrates; relating to the duties of the 2
judicial council; and relating to the duties of the Commission on Judicial Conduct." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 15.15.030(10) is amended to read: 5
(10) A nonpartisan ballot shall be designed for each judicial district in 6
which a justice, [OR] judge, or magistrate is seeking retention in office. The ballot
7
shall be divided into five [FOUR] parts. Each part must bear a heading indicating the 8
court or position to which the candidate is seeking approval, and provision shall be 9
made for marking each question "Yes" or "No." Within each part, the question of 10
whether the justice, [OR] judge, or magistrate shall be approved or rejected shall be 11
set out in substantially the following manner: 12
(A) "Shall . . . . . . . be retained as justice of the supreme court 13
for 10 years?"; 14 33-LS0483\A
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(B) "Shall . . . . . . . be retained as judge of the court of appeals 1
for eight years?"; 2
(C) "Shall . . . . . . . be retained as judge of the superior court 3
for six years?"; [OR] 4
(D) "Shall . . . . . . . be retained as judge of the district court for 5
four years?"; or 6
(E) "Shall . . . . . . . be retained as a magistrate for four 7
years?" 8
* Sec. 2. AS 15.35.100 is amended to read: 9
Sec. 15.35.100. Approval or rejection of district judge or magistrate. (a) 10
Each district judge and each magistrate shall be subject to approval or rejection at 11
the first general election held more than two years after the judge's or magistrate's 12
appointment under the provisions of AS 22.15.170. If approved, the judge or 13
magistrate shall thereafter be subject to approval or rejection in a like manner every 14
fourth year. 15
(b) The district judge or magistrate shall seek approval in the judicial district 16
in which the judge or magistrate was originally appointed, or in the district where the 17
judge or magistrate has served the major portion of the judge's or magistrate's term. 18
The district judge or magistrate shall designate on the declaration of candidacy the 19
judicial district in which the judge or magistrate was appointed, or the district where 20
the judge or magistrate has served the major portion of the judge's or magistrate's 21
term. 22
* Sec. 3. AS 15.35.110 is amended to read: 23
Sec. 15.35.110. Filing declaration by district judge or magistrate. Each 24
district judge and each magistrate seeking retention in office shall file with the 25
director a declaration of candidacy for retention not [NO] later than August 1 before 26
the general election at which approval or rejection is required [REQUISITE]. 27
* Sec. 4. AS 15.35.120 is amended to read: 28
Sec. 15.35.120. Requirement of filing fee for district court or magistrate 29
candidate. At the time the declaration is filed, each candidate for retention on the 30
district court or as a magistrate position shall pay a filing fee of $30 to the director. 31 33-LS0483\A
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* Sec. 5. AS 15.35.130 is amended to read: 1
Sec. 15.35.130. Placing name of district judge or magistrate on ballot. The 2
director shall place the name of a district judge or magistrate who has properly filed a 3
declaration of candidacy for retention on the ballot in the judicial district designated in 4
the declaration of candidacy for the general election at which approval is sought. 5
* Sec. 6. AS 15.35.135 is amended to read: 6
Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 7
election ballot. (a) Notice of withdrawal of candidacy for retention for a supreme 8
court justice, judge of the court of appeals, superior court judge, [OR] district court 9
judge, or magistrate must be in writing over the signature of the candidate. 10
(b) The name of a candidate for retention for supreme court justice, judge of 11
the court of appeals, superior court judge, [OR] district court judge, or magistrate 12
must appear on the general election ballot unless notice under (a) of this section of 13
withdrawal of candidacy is received by the director at least 64 days before the date of 14
the general election. 15
* Sec. 7. AS 15.58.050 is amended to read: 16
Sec. 15.58.050. Information and recommendations on judicial officers. Not 17
[NO] later than August 7 of the year in which the state general election will be held, 18
the judicial council shall file with the lieutenant governor a statement including 19
information about each supreme court justice, court of appeals judge, superior court 20
judge, [AND] district court judge, and magistrate who will be subject to a retention 21
election. The statement shall reflect the evaluation of each justice, [OR] judge, or 22
magistrate conducted by the judicial council according to law and shall contain a 23
brief statement describing each public reprimand, public censure, or suspension 24
received by the judge or magistrate under AS 22.30.011(d) during the period covered 25
in the evaluation. A statement may not exceed 600 words. 26
* Sec. 8. AS 15.58.060(a) is amended to read: 27
(a) Each general election candidate shall pay to the lieutenant governor at the 28
time of filing material under this chapter the following: 29
(1) President or Vice-President of the United States, United States 30
senator, United States representative, governor, lieutenant governor, supreme court 31 33-LS0483\A
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justice, and court of appeals judge, $300 each; 1
(2) superior court judge, [AND] district court judge, and magistrate, 2
$150 each; 3
(3) state senator and state representative, $100 each. 4
* Sec. 9. AS 22.07.060 is amended to read: 5
Sec. 22.07.060. Approval or rejection. Each judge of the court of appeals is 6
subject to approval or rejection as provided in AS 15 (Alaska Election Code). The 7
judicial council shall conduct an evaluation of each judge before the retention election 8
and shall provide information to the public about the judge and may provide a 9
recommendation regarding retention or rejection. The information and any 10
recommendation shall be made public at least 60 days before the election. The judicial 11
council shall also provide the information and any recommendation to the office of the 12
lieutenant governor in time for publication in the election pamphlet as required by 13
AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 14
judge, the rejected judge may not for a period of four years thereafter be appointed to 15
fill a vacancy in the supreme court, the court of appeals, the superior court, [OR] the 16
district court, or a magistrate position of the state. 17
* Sec. 10. AS 22.07.070 is amended to read: 18
Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 19
successor to fill an impending vacancy in the office of judge of the court of appeals 20
[WITHIN 45 DAYS] after receiving nominations and recommendations from the 21
judicial council on the person or persons submitted to the judicial council for 22
review under (b) of this section, by appointing, for each actual or impending 23
vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the 24
council or who was reviewed by the council under (b) of this section at the request 25
of the governor and who is qualified under AS 22.07.040. If the governor does not 26
appoint a person from the first round of persons nominated or reviewed by the 27
judicial council under (b) of this section, the governor shall submit the names of 28
not more than two additional persons to the judicial council for review under (b) 29
of this section and the judicial council shall submit to the governor the names of 30
at least two and not more than four additional persons under (b) of this section. 31 33-LS0483\A
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An appointment made under this section is subject to confirmation by a majority 1
of the members of the legislature in joint session [FOR EACH ACTUAL OR 2
IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 3
effective upon the later of either confirmation by the legislature or the actual 4
occurrence of the vacancy. 5
(b) The office of a judge of the court of appeals becomes vacant 90 days after 6
the election at which the judge is rejected by a majority of those voting on the question 7
or for which the judge fails to file a declaration of candidacy. Upon the occurrence of 8
(1) an actual vacancy; (2) the certification of rejection following an election; [OR] (3) 9
the election following failure of a judge to file a declaration of candidacy; or (4) the 10
decision of the governor not to appoint a person under (a) of this section, the 11
governor shall, within 90 days, submit to the judicial council the names of not 12
more than two persons qualified for the judicial office. The [, THE] judicial 13
council shall meet within 90 days after receiving the names submitted by the 14
governor to review the qualifications of the person or persons proposed by the 15
governor, provide recommendations to the governor concerning th e 16
qualifications of those persons for appointment to the judicial office, and submit to 17
the governor the names of up to four additional [TWO OR MORE] persons qualified 18
for the judicial office; however, if the governor requires a second round of 19
nominations under (a) of this section, the judicial council shall submit to the 20
governor the names of at least two and not more than four additional persons 21
qualified for judicial office. The [THE] 90-day period for the council to meet may 22
be extended by the judicial council with the concurrence of the supreme court. In the 23
event of an impending vacancy other than by reason of rejection or failure to file a 24
declaration of candidacy, the governor may submit to the judicial council the 25
names of not more than two persons qualified for the judicial office, and the 26
judicial council, after receiving names submitted by the governor, may meet at any 27
time within the 90-day period immediately preceding the effective date of the vacancy 28
to review the qualifications of the person or persons proposed by the governor, 29
provide recommendations to the governor concerning the qualifications of those 30
persons for appointment to the judicial office, and submit to the governor the names 31 33-LS0483\A
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of up to four additional [TWO OR MORE] persons qualified for the judicial office. 1
* Sec. 11. AS 22.15.170(a) is amended to read: 2
(a) The governor shall fill a vacancy or appoint a successor to fill an 3
impending vacancy in an office of district judge or magistrate [WITHIN 45 DAYS] 4
after receiving nominations and recommendations from the judicial council on the 5
person or persons submitted to the judicial council for review under (e) of this 6
section, by appointing, for each actual or impending vacancy, one person who was 7
[OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by 8
the council under (e) of this section at the request of the governor and who is 9
qualified under AS 22.07.040. If the governor does not appoint a person from the 10
first round of persons nominated or reviewed by the judicial council under (e) of 11
this section, the governor shall submit the names of not more than two additional 12
persons to the judicial council for review under (e) of this section and the judicial 13
council shall submit to the governor the names of at least two and not more than 14
four additional persons under (e) of this section. An appointment made under 15
this section is subject to confirmation by a majority of the members of the 16
legislature in joint session. An [FOR EACH ACTUAL OR IMPENDING 17
VACANCY. THE] appointment to fill an impending vacancy becomes effective upon 18
the later of either confirmation by the legislature or the actual occurrence of the 19
vacancy. 20
* Sec. 12. AS 22.15.170(e) is amended to read: 21
(e) The office of a district court judge or magistrate becomes vacant 90 days 22
after the election at which the judge or magistrate is rejected by a majority of those 23
voting on the question or for which the judge or magistrate fails to file a declaration 24
of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of 25
rejection following an election; [OR] (3) the election following failure of a judge or 26
magistrate to file a declaration of candidacy; or (4) the decision of the governor not 27
to appoint a person under (a) of this section, the governor shall, within 90 days, 28
submit to the judicial council the names of not more than two persons qualified 29
for the judicial office or magistrate position. The [, THE] judicial council shall 30
meet within 90 days after receiving the names submitted by the governor to review 31 33-LS0483\A
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the qualifications of the person or persons proposed by the governor, provide 1
recommendations to the governor concerning the qualifications of those persons 2
for appointment to the judicial office or magistrate position, and submit to the 3
governor the names of up to four additional [TWO OR MORE] persons qualified for 4
the judicial office or magistrate position; however, if the governor requires a 5
second round of nominations under (a) of this section, the judicial council shall 6
submit to the governor the names of at least two and not more than four 7
additional persons qualified for judicial office. The [; EXCEPT THAT THIS] 90-8
day period for the council to meet may be extended by the council with the 9
concurrence of the supreme court. In the event of an impending vacancy other than by 10
reason of rejection or failure to file a declaration of candidacy, the governor may 11
submit to the judicial council the names of not more than two persons qualified 12
for the judicial office or magistrate position, and the council, after receiving 13
names submitted by the governor, may meet at any time within the 90-day period 14
immediately preceding the effective date of the vacancy to review the qualifications 15
of the person or persons proposed by the governor, provide recommendations to 16
the governor concerning the qualifications of those persons for appointment to 17
the judicial office or magistrate position, and submit to the governor the names of 18
up to four additional [TWO OR MORE] persons qualified for the judicial office or 19
magistrate position. 20
* Sec. 13. AS 22.15.195 is amended to read: 21
Sec. 22.15.195. Approval or rejection. Each district court judge and 22
magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election 23
Code). The judicial council shall conduct an evaluation of each judge or magistrate 24
before the retention election and shall provide to the public information about the 25
judge or magistrate and may provide a recommendation regarding retention or 26
rejection. The information and the recommendation shall be made public at least 60 27
days before the election. The judicial council shall also provide the information and 28
any recommendation to the office of the lieutenant governor in time for publication in 29
the election pamphlet under AS 15.58.050. If a majority of those voting on the 30
question rejects the candidacy of a judge or magistrate, the rejected judge or 31 33-LS0483\A
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magistrate may not for a period of four years thereafter be appointed to fill any 1
vacancy in the supreme court, court of appeals, superior court, or district courts of the 2
state, or in a magistrate position. 3
* Sec. 14. AS 22.15.205 is amended to read: 4
Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 5
impeachment by the legislature for malfeasance or misfeasance in the performance of 6
official duties. Impeachment must originate in the senate and must be approved by 7
two-thirds vote of its members. The motion for impeachment must list fully the basis 8
for the proceeding. Trial on impeachment shall be conducted by the house of 9
representatives. A supreme court justice designated by the court shall preside at the 10
trial. Concurrence of two-thirds of the members of the house is required for a 11
judgment of impeachment. The judgment may not extend beyond removal from office, 12
but does not prevent proceedings in the courts on the same or related charges. 13
* Sec. 15. AS 22.20 is amended by adding a new section to article 4 to read: 14
Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 15
report summarizing the responses to the questions asked of supreme court, court of 16
appeals, superior court, district court, and magistrate candidates under 17
AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and AS 22.15.170(e). Not later 18
than February 14 of each year, the judicial council shall submit the report to the senate 19
secretary and the chief clerk of the house of representatives and notify the legislature 20
that the report is available. 21
* Sec. 16. AS 22.30.011(a) is amended to read: 22
(a) The commission shall on its own motion or on receipt of a written 23
complaint inquire into an allegation that a judge or magistrate 24
(1) has been convicted of a crime punishable as a felony under state or 25
federal law or convicted of a crime that involves moral turpitude under state or federal 26
law; 27
(2) suffers from a disability that seriously interferes with the 28
performance of [JUDICIAL] duties and that is or may become permanent; 29
(3) within a period of not more than six years before the filing of the 30
complaint or before the beginning of the commission's inquiry based on its own 31 33-LS0483\A
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motion, committed an act or acts that constitute 1
(A) wilful misconduct in office; 2
(B) wilful and persistent failure to perform the [JUDICIAL] 3
duties of the judge or magistrate; 4
(C) conduct prejudicial to the administration of justice; 5
(D) conduct that brings the judicial office or magistrate's 6
office into disrepute; or 7
(E) conduct in violation of the code of judicial conduct; or 8
(4) is habitually intemperate. 9
* Sec. 17. AS 22.30.011(b) is amended to read: 10
(b) After preliminary informal consideration of an allegation, the commission 11
may exonerate the judge or magistrate, informally and privately admonish the judge 12
or magistrate, or recommend counseling. Upon a finding of probable cause, the 13
commission shall hold a formal hearing on the allegation. A hearing under this 14
subsection is public. Proceedings and records pertaining to proceedings that occur 15
before the commission holds a public hearing on an allegation are confidential, subject 16
to the provisions of AS 22.30.060(b). 17
* Sec. 18. AS 22.30.011(c) is amended to read: 18
(c) A judge or magistrate appearing before the commission at the hearing is 19
entitled to counsel, may present evidence, and may cross-examine witnesses. 20
* Sec. 19. AS 22.30.011(d) is amended to read: 21
(d) The commission shall, after a hearing held under (b) of this section, 22
(1) exonerate the judge or magistrate of the charges; or 23
(2) refer the matter to the supreme court with a recommendation that 24
the judge or magistrate be reprimanded, suspended, removed [,] or retired from 25
office, or publicly or privately censured by the supreme court. 26
* Sec. 20. AS 22.30.011(g) is amended to read: 27
(g) If the commission exonerates a judge or magistrate, a copy of the 28
proceedings and report of the commission may be made public on the request of the 29
judge or magistrate. 30
* Sec. 21. AS 22.30.011(h) is amended to read: 31 33-LS0483\A
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(h) If a judge or magistrate has been publicly reprimanded, suspended, or 1
publicly censured under this section and the judge or magistrate has filed a 2
declaration of candidacy for retention in office, the commission shall report to the 3
judicial council for inclusion in the statement filed by the judicial council under 4
AS 15.58.050 each public reprimand, suspension, or public censure received by the 5
judge or magistrate 6
(1) since appointment; or 7
(2) if the judge or magistrate has been retained by election, since the 8
last retention election of the judge or magistrate. 9
* Sec. 22. AS 22.30.070 is amended to read: 10
Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 11
censure of judges and magistrates. (a) A judge or magistrate is disqualified from 12
acting as a judge or magistrate, without loss of salary, while there is pending 13
(1) an indictment or an information charging the judge or magistrate 14
in the United States with a crime punishable as a felony under state [ALASKA] or 15
federal law; [,] or 16
(2) a recommendation to the supreme court by the commission for the 17
removal or retirement of the judge or magistrate. 18
(b) On recommendation of the commission, the supreme court may reprimand, 19
publicly or privately censure, or suspend a judge or magistrate from office without 20
salary when in the United States the judge or magistrate pleads guilty or no contest or 21
is found guilty of a crime punishable as a felony under state or federal law or of a 22
crime that involves moral turpitude under state or federal law. If the conviction is 23
reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 24
or magistrate's salary for the period of suspension. If the judge or magistrate is 25
suspended and the conviction becomes final, the supreme court shall remove the judge 26
or magistrate from office. 27
(c) On recommendation of the commission, the supreme court may (1) retire a 28
judge or magistrate for disability that seriously interferes with the performance of 29
duties and that is or may become permanent, and (2) reprimand, publicly or privately 30
censure, or remove a judge or magistrate for action, occurring not more than six 31 33-LS0483\A
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years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 1
or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 2
wilful and persistent failure to perform duties, habitual intemperance, conduct 3
prejudicial to the administration of justice, or conduct that brings the judicial office or 4
magistrate's office into disrepute. The effective date of retirement under (1) of this 5
subsection is the first day of the month coinciding with or after the date that the 6
supreme court files written notice with the commissioner of administration that the 7
judge or magistrate was retired for disability. A duplicate copy of the notice shall be 8
filed with the judicial council. 9
(d) A judge or magistrate retired by the supreme court shall be considered to 10
have retired voluntarily. A judge or magistrate removed by the supreme court is 11
ineligible for judicial office or for a magistrate position for a period of three years. 12
(e) A supreme court justice who has participated in proceedings involving a 13
judge or justice of any court or a magistrate may not participate in an appeal 14
involving that judge, [OR] justice, or magistrate in that particular matter. 15
* Sec. 23. AS 22.35 is amended by adding a new section to read: 16
Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 17
to support or oppose the retention or rejection of a judicial officer in an election under 18
AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 19
court justice, including the chief justice, a judge of the court of appeals, a judge of the 20
superior court, a district court judge, or a magistrate. 21
(b) This section does not apply to the duties of the judicial council under 22
AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 23
* Sec. 24. AS 22.15.170(c) and 22.15.170(d) are repealed. 24