AK
Alaska Senate Bill SB31

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB31 Compare Versions

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11- SPONSOR SUBSTITUTE FOR SENATE BILL NO. 31
11+ SENATE BILL NO. 31
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1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1616
1717 BY SENATOR SHOWER
1818
19-Introduced: 3/8/23
20-Referred: State Affairs, Judiciary
19+Introduced: 1/13/23
20+Referred: Prefiled
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
2727 "An Act relating to the selection, retention, and rejection of judicial officers for the 1
28-court of appeals and the district court; relating to the selection of magistrates; relating 2
29-to the duties of the judicial council; relating to the duties of the Commission on Judicial 3
30-Conduct; relating to the conduct of magistrates; and relating to the impeachment, 4
31-disqualification, suspension, removal, retirement, and censure of magistrates." 5
32-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
33- * Section 1. AS 22.07.070 is amended to read: 7
34-Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 8
35-successor to fill an impending vacancy in the office of judge of the court of appeals 9
36-within 45 days after receiving nominations and recommendations from the judicial
37-10
38-council, by appointing, for each actual or impending vacancy, one person who was 11
39-[OF TWO OR MORE PERSONS] nominated or reviewed by the council under (b) 12
40-of this section. A person who is appointed under this section must be qualified 13 33-LS0123\R
41-SSSB 31 -2- SB0031B
28+court of appeals and the district court and of magistrates; relating to the duties of the 2
29+judicial council; and relating to the duties of the Commission on Judicial Conduct." 3
30+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31+ * Section 1. AS 15.15.030(10) is amended to read: 5
32+(10) A nonpartisan ballot shall be designed for each judicial district in 6
33+which a justice, [OR] judge, or magistrate is seeking retention in office. The ballot
34+7
35+shall be divided into five [FOUR] parts. Each part must bear a heading indicating the 8
36+court or position to which the candidate is seeking approval, and provision shall be 9
37+made for marking each question "Yes" or "No." Within each part, the question of 10
38+whether the justice, [OR] judge, or magistrate shall be approved or rejected shall be 11
39+set out in substantially the following manner: 12
40+(A) "Shall . . . . . . . be retained as justice of the supreme court 13
41+for 10 years?"; 14 33-LS0123\S
42+SB 31 -2- SB0031A
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44-under AS 22.07.040. If the governor does not appoint a person from the persons 1
45-nominated or reviewed by the council under (b) of this section, the governor may 2
46-request another round of candidates as provided under (b) of this section. An 3
47-appointment made under this section is subject to confirmation by a majority of 4
48-the members of the legislature in joint session [FOR EACH ACTUAL OR 5
49-IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 6
50-effective upon the later of either confirmation by the legislature or the actual 7
51-occurrence of the vacancy. 8
52-(b) The office of a judge of the court of appeals becomes vacant 90 days after 9
53-the election at which the judge is rejected by a majority of those voting on the question 10
54-or for which the judge fails to file a declaration of candidacy. The governor shall 11
55-submit to the judicial council the names of two persons qualified for the judicial 12
56-office within 45 days of [UPON] the occurrence of (1) an actual vacancy; (2) the 13
57-certification of rejection following an election; [OR] (3) the election following failure 14
58-of a judge to file a declaration of candidacy; or (4) the decision of the governor not 15
59-to appoint a person under (a) of this section. The [, THE JUDICIAL] council shall 16
60-meet within 90 days after the governor's submission to review the qualifications of 17
61-the persons proposed by the governor, provide recommendations to the governor 18
62-concerning the qualifications of those persons for appointment to the judicial 19
63-office, and submit to the governor the names of four additional [TWO OR MORE] 20
64-persons qualified for the judicial office; however, the 90-day period for the council to 21
65-meet may be extended by the [JUDICIAL] council with the concurrence of the 22
66-supreme court. In the event of an impending vacancy other than by reason of rejection 23
67-or failure to file a declaration of candidacy, the governor shall submit the names of 24
68-two persons qualified for the judicial office, and the [JUDICIAL] council, after 25
69-receiving the names submitted by the governor, may meet at any time within the 26
70-90-day period immediately preceding the effective date of the vacancy to review the 27
71-qualifications of the persons proposed by the governor, provide 28
72-recommendations to the governor concerning the qualifications of those persons 29
73-for appointment to the judicial office, and submit to the governor the names of four 30
74-additional [TWO OR MORE] persons qualified for the judicial office. 31 33-LS0123\R
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45+(B) "Shall . . . . . . . be retained as judge of the court of appeals 1
46+for eight years?"; 2
47+(C) "Shall . . . . . . . be retained as judge of the superior court 3
48+for six years?"; [OR] 4
49+(D) "Shall . . . . . . . be retained as judge of the district court for 5
50+four years?"; or 6
51+(E) "Shall . . . . . . . be retained as a magistrate for four 7
52+years?" 8
53+ * Sec. 2. AS 15.35.100 is amended to read: 9
54+Sec. 15.35.100. Approval or rejection of district judge or magistrate. (a) 10
55+Each district judge and each magistrate shall be subject to approval or rejection at 11
56+the first general election held more than two years after the judge's or magistrate's 12
57+appointment under the provisions of AS 22.15.170. If approved, the judge or 13
58+magistrate shall thereafter be subject to approval or rejection in a like manner every 14
59+fourth year. 15
60+(b) The district judge or magistrate shall seek approval in the judicial district 16
61+in which the judge or magistrate was originally appointed, or in the district where the 17
62+judge or magistrate has served the major portion of the judge's or magistrate's term. 18
63+The district judge or magistrate shall designate on the declaration of candidacy the 19
64+judicial district in which the judge or magistrate was appointed, or the district where 20
65+the judge or magistrate has served the major portion of the judge's or magistrate's 21
66+term. 22
67+ * Sec. 3. AS 15.35.110 is amended to read: 23
68+Sec. 15.35.110. Filing declaration by district judge or magistrate. Each 24
69+district judge and each magistrate seeking retention in office shall file with the 25
70+director a declaration of candidacy for retention not [NO] later than August 1 before 26
71+the general election at which approval or rejection is required [REQUISITE]. 27
72+ * Sec. 4. AS 15.35.120 is amended to read: 28
73+Sec. 15.35.120. Requirement of filing fee for district court or magistrate 29
74+candidate. At the time the declaration is filed, each candidate for retention on the 30
75+district court or as a magistrate position shall pay a filing fee of $30 to the director. 31 33-LS0123\S
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78- * Sec. 2. AS 22.15.170(a) is amended to read: 1
79-(a) The governor shall fill a vacancy or appoint a successor to fill an 2
80-impending vacancy in an office of district judge within 45 days after receiving 3
81-nominations and recommendations from the judicial council by appointing, for each 4
82-actual or impending vacancy, one person who was [ONE OF TWO OR MORE 5
83-PERSONS] nominated or reviewed by the council under (e) of this section. A 6
84-person who is appointed under this subsection must be qualified under 7
85-AS 22.07.040. If the governor does not appoint a person from the persons 8
86-nominated or reviewed by the council under (e) of this section, the governor may 9
87-request another round of candidates as provided under (e) of this section. An 10
88-appointment made under this subsection is subject to confirmation by a majority 11
89-of the members of the legislature in joint session. An [FOR EACH ACTUAL OR 12
90-IMPENDING VACANCY. THE] appointment to fill an impending vacancy becomes 13
91-effective upon the later of either confirmation by the legislature or the actual 14
92-occurrence of the vacancy. 15
93- * Sec. 3. AS 22.15.170(c) is amended to read: 16
94-(c) The presiding judge of the superior court in each judicial district shall 17
95-appoint the magistrates for the district court for the judicial district. Except when 18
96-disqualified from acting as a magistrate under AS 22.30.070, each [EACH] 19
97-magistrate serves at the pleasure of the presiding judge of the superior court in the 20
98-judicial district for which appointed. An appointment made under this subsection is 21
99-subject to confirmation by a majority of the members of the legislature in joint 22
100-session. 23
101- * Sec. 4. AS 22.15.170(e) is amended to read: 24
102-(e) The office of a district court judge becomes vacant 90 days after the 25
103-election at which the judge is rejected by a majority of those voting on the question or 26
104-for which the judge fails to file a declaration of candidacy. The governor shall 27
105-submit to the judicial council the names of two persons qualified for the judicial 28
106-office within 45 days of [UPON] the occurrence of (1) an actual vacancy; (2) the 29
107-certification of rejection following an election; [OR] (3) the election following failure 30
108-of a judge to file a declaration of candidacy; or (4) the decision of the governor not 31 33-LS0123\R
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79+ * Sec. 5. AS 15.35.130 is amended to read: 1
80+Sec. 15.35.130. Placing name of district judge or magistrate on ballot. The 2
81+director shall place the name of a district judge or magistrate who has properly filed a 3
82+declaration of candidacy for retention on the ballot in the judicial district designated in 4
83+the declaration of candidacy for the general election at which approval is sought. 5
84+ * Sec. 6. AS 15.35.135 is amended to read: 6
85+Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 7
86+election ballot. (a) Notice of withdrawal of candidacy for retention for a supreme 8
87+court justice, judge of the court of appeals, superior court judge, [OR] district court 9
88+judge, or magistrate must be in writing over the signature of the candidate. 10
89+(b) The name of a candidate for retention for supreme court justice, judge of 11
90+the court of appeals, superior court judge, [OR] district court judge, or magistrate 12
91+must appear on the general election ballot unless notice under (a) of this section of 13
92+withdrawal of candidacy is received by the director at least 64 days before the date of 14
93+the general election. 15
94+ * Sec. 7. AS 15.58.050 is amended to read: 16
95+Sec. 15.58.050. Information and recommendations on judicial officers. Not 17
96+[NO] later than August 7 of the year in which the state general election will be held, 18
97+the judicial council shall file with the lieutenant governor a statement including 19
98+information about each supreme court justice, court of appeals judge, superior court 20
99+judge, [AND] district court judge, and magistrate who will be subject to a retention 21
100+election. The statement shall reflect the evaluation of each justice, [OR] judge, or 22
101+magistrate conducted by the judicial council according to law and shall contain a 23
102+brief statement describing each public reprimand, public censure, or suspension 24
103+received by the judge or magistrate under AS 22.30.011(d) during the period covered 25
104+in the evaluation. A statement may not exceed 600 words. 26
105+ * Sec. 8. AS 15.58.060(a) is amended to read: 27
106+(a) Each general election candidate shall pay to the lieutenant governor at the 28
107+time of filing material under this chapter the following: 29
108+(1) President or Vice-President of the United States, United States 30
109+senator, United States representative, governor, lieutenant governor, supreme court 31 33-LS0123\S
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112-to appoint a person under (a) of this section. The [, THE JUDICIAL] council shall 1
113-meet within 90 days after the governor's submission to review the qualifications of 2
114-the persons proposed by the governor, provide recommendations to the governor 3
115-concerning the qualifications of those persons for appointment to the judicial 4
116-office, and submit to the governor the names of four additional [TWO OR MORE] 5
117-persons qualified for the judicial office; however, the [EXCEPT THAT THIS] 90-day 6
118-period for the council to meet may be extended by the council with the concurrence 7
119-of the supreme court. In the event of an impending vacancy other than by reason of 8
120-rejection or failure to file a declaration of candidacy, the governor may submit the 9
121-names of two persons qualified for the judicial office, and the council, after 10
122-receiving the names submitted by the governor, may meet at any time within the 11
123-90-day period immediately preceding the effective date of the vacancy to review the 12
124-qualifications of the persons proposed by the governor, provide 13
125-recommendations to the governor concerning the qualifications of those persons 14
126-for appointment to the judicial office, and submit to the governor the names of four 15
127-additional [TWO OR MORE] persons qualified for the judicial office. 16
128- * Sec. 5. AS 22.15.205 is amended to read: 17
129-Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 18
130-impeachment by the legislature for malfeasance or misfeasance in the performance of 19
131-official duties. Impeachment must originate in the senate and must be approved by 20
132-two-thirds vote of its members. The motion for impeachment must list fully the basis 21
133-for the proceeding. Trial on impeachment shall be conducted by the house of 22
134-representatives. A supreme court justice designated by the court shall preside at the 23
135-trial. Concurrence of two-thirds of the members of the house is required for a 24
136-judgment of impeachment. The judgment may not extend beyond removal from office, 25
137-but does not prevent proceedings in the courts on the same or related charges. 26
138- * Sec. 6. AS 22.20 is amended by adding a new section to article 4 to read: 27
139-Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 28
140-report summarizing the questions asked of the supreme court, court of appeals, 29
141-superior court, and district court candidates as part of the nomination and review 30
142-process under AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and 31 33-LS0123\R
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113+justice, and court of appeals judge, $300 each; 1
114+(2) superior court judge, [AND] district court judge, and magistrate, 2
115+$150 each; 3
116+(3) state senator and state representative, $100 each. 4
117+ * Sec. 9. AS 22.07.060 is amended to read: 5
118+Sec. 22.07.060. Approval or rejection. Each judge of the court of appeals is 6
119+subject to approval or rejection as provided in AS 15 (Alaska Election Code). The 7
120+judicial council shall conduct an evaluation of each judge before the retention election 8
121+and shall provide information to the public about the judge and may provide a 9
122+recommendation regarding retention or rejection. The information and any 10
123+recommendation shall be made public at least 60 days before the election. The judicial 11
124+council shall also provide the information and any recommendation to the office of the 12
125+lieutenant governor in time for publication in the election pamphlet as required by 13
126+AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 14
127+judge, the rejected judge may not for a period of four years thereafter be appointed to 15
128+fill a vacancy in the supreme court, the court of appeals, the superior court, [OR] the 16
129+district court, or a magistrate position of the state. 17
130+ * Sec. 10. AS 22.07.070 is amended to read: 18
131+Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 19
132+successor to fill an impending vacancy in the office of judge of the court of appeals 20
133+[WITHIN 45 DAYS] after receiving nominations and recommendations from the 21
134+judicial council on the person or persons submitted to the judicial council for 22
135+review under (b) of this section, by appointing, for each actual or impending 23
136+vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the 24
137+council or who was reviewed by the council under (b) of this section at the request 25
138+of the governor and who is qualified under AS 22.07.040. If the governor does not 26
139+appoint a person from the first round of persons nominated or reviewed by the 27
140+judicial council under (b) of this section, the governor shall submit the names of 28
141+not more than two additional persons to the judicial council for review under (b) 29
142+of this section and the judicial council shall submit to the governor the names of 30
143+at least two and not more than four additional persons under (b) of this section. 31 33-LS0123\S
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146-AS 22.15.170(e), and the answers of the candidates to those questions. Not later than 1
147-February 14 of each year, the judicial council shall submit the report to the senate 2
148-secretary and the chief clerk of the house of representatives and notify the legislature 3
149-that the report is available. 4
150- * Sec. 7. AS 22.30.011(a) is amended to read: 5
151-(a) The commission shall on its own motion or on receipt of a written 6
152-complaint inquire into an allegation that a judge or magistrate 7
153-(1) has been convicted of a crime punishable as a felony under state or 8
154-federal law or convicted of a crime that involves moral turpitude under state or federal 9
155-law; 10
156-(2) suffers from a disability that seriously interferes with the 11
157-performance of [JUDICIAL] duties and that is or may become permanent; 12
158-(3) within a period of not more than six years before the filing of the 13
159-complaint or before the beginning of the commission's inquiry based on its own 14
160-motion, committed an act or acts that constitute 15
161-(A) wilful misconduct in office; 16
162-(B) wilful and persistent failure to perform the [JUDICIAL] 17
163-duties of the judge or magistrate; 18
164-(C) conduct prejudicial to the administration of justice; 19
165-(D) conduct that brings the judicial office or magistrate's 20
166-office into disrepute; or 21
167-(E) conduct in violation of the code of judicial conduct; or 22
168-(4) is habitually intemperate. 23
169- * Sec. 8. AS 22.30.011(b) is amended to read: 24
170-(b) After preliminary informal consideration of an allegation, the commission 25
171-may exonerate the judge or magistrate, informally and privately admonish the judge 26
172-or magistrate, or recommend counseling. Upon a finding of probable cause, the 27
173-commission shall hold a formal hearing on the allegation. A hearing under this 28
174-subsection is public. Proceedings and records pertaining to proceedings that occur 29
175-before the commission holds a public hearing on an allegation are confidential, subject 30
176-to the provisions of AS 22.30.060(b). 31 33-LS0123\R
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147+An appointment made under this section is subject to confirmation by a majority 1
148+of the members of the legislature in joint session [FOR EACH ACTUAL OR 2
149+IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 3
150+effective upon the later of either confirmation by the legislature or the actual 4
151+occurrence of the vacancy. 5
152+(b) The office of a judge of the court of appeals becomes vacant 90 days after 6
153+the election at which the judge is rejected by a majority of those voting on the question 7
154+or for which the judge fails to file a declaration of candidacy. Upon the occurrence of 8
155+(1) an actual vacancy; (2) the certification of rejection following an election; [OR] (3) 9
156+the election following failure of a judge to file a declaration of candidacy; or (4) the 10
157+decision of the governor not to appoint a person under (a) of this section, the 11
158+governor shall, within 90 days, submit to the judicial council the names of not 12
159+more than two persons qualified for the judicial office. The [, THE] judicial 13
160+council shall meet within 90 days after receiving the names submitted by the 14
161+governor to review the qualifications of the person or persons proposed by the 15
162+governor, provide recommendations to the governor concerning th e 16
163+qualifications of those persons for appointment to the judicial office, and submit to 17
164+the governor the names of up to four additional [TWO OR MORE] persons qualified 18
165+for the judicial office; however, if the governor requires a second round of 19
166+nominations under (a) of this section, the judicial council shall submit to the 20
167+governor the names of at least two and not more than four additional persons 21
168+qualified for judicial office. The [THE] 90-day period for the council to meet may 22
169+be extended by the judicial council with the concurrence of the supreme court. In the 23
170+event of an impending vacancy other than by reason of rejection or failure to file a 24
171+declaration of candidacy, the governor may submit to the judicial council the 25
172+names of not more than two persons qualified for the judicial office, and the 26
173+judicial council, after receiving names submitted by the governor, may meet at any 27
174+time within the 90-day period immediately preceding the effective date of the vacancy 28
175+to review the qualifications of the person or persons proposed by the governor, 29
176+provide recommendations to the governor concerning the qualifications of those 30
177+persons for appointment to the judicial office, and submit to the governor the names 31 33-LS0123\S
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180- * Sec. 9. AS 22.30.011(c) is amended to read: 1
181-(c) A judge or magistrate appearing before the commission at the hearing is 2
182-entitled to counsel, may present evidence, and may cross-examine witnesses. 3
183- * Sec. 10. AS 22.30.011(d) is amended to read: 4
184-(d) The commission shall, after a hearing held under (b) of this section, 5
185-(1) exonerate the judge or magistrate of the charges; or 6
186-(2) refer the matter to the supreme court with a recommendation that 7
187-the judge or magistrate be reprimanded, suspended, removed [,] or retired from 8
188-office, or publicly or privately censured by the supreme court. 9
189- * Sec. 11. AS 22.30.011(g) is amended to read: 10
190-(g) If the commission exonerates a judge or magistrate, a copy of the 11
191-proceedings and report of the commission may be made public on the request of the 12
192-judge or magistrate. 13
193- * Sec. 12. AS 22.30.070 is amended to read: 14
194-Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 15
195-censure of judges and magistrates. (a) A judge or magistrate is disqualified from 16
196-acting as a judge or magistrate, without loss of salary, while there is pending 17
197-(1) an indictment or an information charging the judge or magistrate 18
198-in the United States with a crime punishable as a felony under state [ALASKA] or 19
199-federal law; [,] or 20
200-(2) a recommendation to the supreme court by the commission for the 21
201-removal or retirement of the judge or magistrate. 22
202-(b) On recommendation of the commission, the supreme court may reprimand, 23
203-publicly or privately censure, or suspend a judge or magistrate from office without 24
204-salary when in the United States the judge or magistrate pleads guilty or no contest or 25
205-is found guilty of a crime punishable as a felony under state or federal law or of a 26
206-crime that involves moral turpitude under state or federal law. If the conviction is 27
207-reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 28
208-or magistrate's salary for the period of suspension. If the judge or magistrate is 29
209-suspended and the conviction becomes final, the supreme court shall remove the judge 30
210-or magistrate from office. 31 33-LS0123\R
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181+of up to four additional [TWO OR MORE] persons qualified for the judicial office. 1
182+ * Sec. 11. AS 22.15.170(a) is amended to read: 2
183+(a) The governor shall fill a vacancy or appoint a successor to fill an 3
184+impending vacancy in an office of district judge or magistrate [WITHIN 45 DAYS] 4
185+after receiving nominations and recommendations from the judicial council on the 5
186+person or persons submitted to the judicial council for review under (e) of this 6
187+section, by appointing, for each actual or impending vacancy, one person who was 7
188+[OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by 8
189+the council under (e) of this section at the request of the governor and who is 9
190+qualified under AS 22.07.040. If the governor does not appoint a person from the 10
191+first round of persons nominated or reviewed by the judicial council under (e) of 11
192+this section, the governor shall submit the names of not more than two additional 12
193+persons to the judicial council for review under (e) of this section and the judicial 13
194+council shall submit to the governor the names of at least two and not more than 14
195+four additional persons under (e) of this section. An appointment made under 15
196+this section is subject to confirmation by a majority of the members of the 16
197+legislature in joint session. An [FOR EACH ACTUAL OR IMPENDING 17
198+VACANCY. THE] appointment to fill an impending vacancy becomes effective upon 18
199+the later of either confirmation by the legislature or the actual occurrence of the 19
200+vacancy. 20
201+ * Sec. 12. AS 22.15.170(e) is amended to read: 21
202+(e) The office of a district court judge or magistrate becomes vacant 90 days 22
203+after the election at which the judge or magistrate is rejected by a majority of those 23
204+voting on the question or for which the judge or magistrate fails to file a declaration 24
205+of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of 25
206+rejection following an election; [OR] (3) the election following failure of a judge or 26
207+magistrate to file a declaration of candidacy; or (4) the decision of the governor not 27
208+to appoint a person under (a) of this section, the governor shall, within 90 days, 28
209+submit to the judicial council the names of not more than two persons qualified 29
210+for the judicial office or magistrate position. The [, THE] judicial council shall 30
211+meet within 90 days after receiving the names submitted by the governor to review 31 33-LS0123\S
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214-(c) On recommendation of the commission, the supreme court may (1) retire a 1
215-judge or magistrate for disability that seriously interferes with the performance of 2
216-duties and that is or may become permanent, and (2) reprimand, publicly or privately 3
217-censure, or remove a judge or magistrate for action, occurring not more than six 4
218-years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 5
219-or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 6
220-wilful and persistent failure to perform duties, habitual intemperance, conduct 7
221-prejudicial to the administration of justice, or conduct that brings the judicial office or 8
222-magistrate's office into disrepute. The effective date of retirement under (1) of this 9
223-subsection is the first day of the month coinciding with or after the date that the 10
224-supreme court files written notice with the commissioner of administration that the 11
225-judge or magistrate was retired for disability. A duplicate copy of the notice shall be 12
226-filed with the judicial council. 13
227-(d) A judge or magistrate retired by the supreme court shall be considered to 14
228-have retired voluntarily. A judge or magistrate removed by the supreme court is 15
229-ineligible for judicial office or for a magistrate position for a period of three years. 16
230-(e) A supreme court justice who has participated in proceedings involving a 17
231-judge or justice of any court or a magistrate may not participate in an appeal 18
232-involving that judge, [OR] justice, or magistrate in that particular matter. 19
233- * Sec. 13. AS 22.35 is amended by adding a new section to read: 20
234-Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 21
235-to support or oppose the retention or rejection of a judicial officer in an election under 22
236-AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 23
237-court justice, including the chief justice, a judge of the court of appeals, a judge of the 24
238-superior court, or a district court judge. 25
239-(b) This section does not apply to the duties of the judicial council under 26
240-AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 27
215+the qualifications of the person or persons proposed by the governor, provide 1
216+recommendations to the governor concerning the qualifications of those persons 2
217+for appointment to the judicial office or magistrate position, and submit to the 3
218+governor the names of up to four additional [TWO OR MORE] persons qualified for 4
219+the judicial office or magistrate position; however, if the governor requires a 5
220+second round of nominations under (a) of this section, the judicial council shall 6
221+submit to the governor the names of at least two and not more than four 7
222+additional persons qualified for judicial office. The [; EXCEPT THAT THIS] 90-8
223+day period for the council to meet may be extended by the council with the 9
224+concurrence of the supreme court. In the event of an impending vacancy other than by 10
225+reason of rejection or failure to file a declaration of candidacy, the governor may 11
226+submit to the judicial council the names of not more than two persons qualified 12
227+for the judicial office or magistrate position, and the council, after receiving 13
228+names submitted by the governor, may meet at any time within the 90-day period 14
229+immediately preceding the effective date of the vacancy to review the qualifications 15
230+of the person or persons proposed by the governor, provide recommendations to 16
231+the governor concerning the qualifications of those persons for appointment to 17
232+the judicial office or magistrate position, and submit to the governor the names of 18
233+up to four additional [TWO OR MORE] persons qualified for the judicial office or 19
234+magistrate position. 20
235+ * Sec. 13. AS 22.15.195 is amended to read: 21
236+Sec. 22.15.195. Approval or rejection. Each district court judge and 22
237+magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election 23
238+Code). The judicial council shall conduct an evaluation of each judge or magistrate 24
239+before the retention election and shall provide to the public information about the 25
240+judge or magistrate and may provide a recommendation regarding retention or 26
241+rejection. The information and the recommendation shall be made public at least 60 27
242+days before the election. The judicial council shall also provide the information and 28
243+any recommendation to the office of the lieutenant governor in time for publication in 29
244+the election pamphlet under AS 15.58.050. If a majority of those voting on the 30
245+question rejects the candidacy of a judge or magistrate, the rejected judge or 31 33-LS0123\S
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248+
249+magistrate may not for a period of four years thereafter be appointed to fill any 1
250+vacancy in the supreme court, court of appeals, superior court, or district courts of the 2
251+state, or in a magistrate position. 3
252+ * Sec. 14. AS 22.15.205 is amended to read: 4
253+Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 5
254+impeachment by the legislature for malfeasance or misfeasance in the performance of 6
255+official duties. Impeachment must originate in the senate and must be approved by 7
256+two-thirds vote of its members. The motion for impeachment must list fully the basis 8
257+for the proceeding. Trial on impeachment shall be conducted by the house of 9
258+representatives. A supreme court justice designated by the court shall preside at the 10
259+trial. Concurrence of two-thirds of the members of the house is required for a 11
260+judgment of impeachment. The judgment may not extend beyond removal from office, 12
261+but does not prevent proceedings in the courts on the same or related charges. 13
262+ * Sec. 15. AS 22.20 is amended by adding a new section to article 4 to read: 14
263+Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 15
264+report summarizing the responses to the questions asked of supreme court, court of 16
265+appeals, superior court, district court, and magistrate candidates under 17
266+AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and AS 22.15.170(e). Not later 18
267+than February 14 of each year, the judicial council shall submit the report to the senate 19
268+secretary and the chief clerk of the house of representatives and notify the legislature 20
269+that the report is available. 21
270+ * Sec. 16. AS 22.30.011(a) is amended to read: 22
271+(a) The commission shall on its own motion or on receipt of a written 23
272+complaint inquire into an allegation that a judge or magistrate 24
273+(1) has been convicted of a crime punishable as a felony under state or 25
274+federal law or convicted of a crime that involves moral turpitude under state or federal 26
275+law; 27
276+(2) suffers from a disability that seriously interferes with the 28
277+performance of [JUDICIAL] duties and that is or may become permanent; 29
278+(3) within a period of not more than six years before the filing of the 30
279+complaint or before the beginning of the commission's inquiry based on its own 31 33-LS0123\S
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281+ New Text Underlined [DELETED TEXT BRACKETED]
282+
283+motion, committed an act or acts that constitute 1
284+(A) wilful misconduct in office; 2
285+(B) wilful and persistent failure to perform the [JUDICIAL] 3
286+duties of the judge or magistrate; 4
287+(C) conduct prejudicial to the administration of justice; 5
288+(D) conduct that brings the judicial office or magistrate's 6
289+office into disrepute; or 7
290+(E) conduct in violation of the code of judicial conduct; or 8
291+(4) is habitually intemperate. 9
292+ * Sec. 17. AS 22.30.011(b) is amended to read: 10
293+(b) After preliminary informal consideration of an allegation, the commission 11
294+may exonerate the judge or magistrate, informally and privately admonish the judge 12
295+or magistrate, or recommend counseling. Upon a finding of probable cause, the 13
296+commission shall hold a formal hearing on the allegation. A hearing under this 14
297+subsection is public. Proceedings and records pertaining to proceedings that occur 15
298+before the commission holds a public hearing on an allegation are confidential, subject 16
299+to the provisions of AS 22.30.060(b). 17
300+ * Sec. 18. AS 22.30.011(c) is amended to read: 18
301+(c) A judge or magistrate appearing before the commission at the hearing is 19
302+entitled to counsel, may present evidence, and may cross-examine witnesses. 20
303+ * Sec. 19. AS 22.30.011(d) is amended to read: 21
304+(d) The commission shall, after a hearing held under (b) of this section, 22
305+(1) exonerate the judge or magistrate of the charges; or 23
306+(2) refer the matter to the supreme court with a recommendation that 24
307+the judge or magistrate be reprimanded, suspended, removed [,] or retired from 25
308+office, or publicly or privately censured by the supreme court. 26
309+ * Sec. 20. AS 22.30.011(g) is amended to read: 27
310+(g) If the commission exonerates a judge or magistrate, a copy of the 28
311+proceedings and report of the commission may be made public on the request of the 29
312+judge or magistrate. 30
313+ * Sec. 21. AS 22.30.011(h) is amended to read: 31 33-LS0123\S
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316+
317+(h) If a judge or magistrate has been publicly reprimanded, suspended, or 1
318+publicly censured under this section and the judge or magistrate has filed a 2
319+declaration of candidacy for retention in office, the commission shall report to the 3
320+judicial council for inclusion in the statement filed by the judicial council under 4
321+AS 15.58.050 each public reprimand, suspension, or public censure received by the 5
322+judge or magistrate 6
323+(1) since appointment; or 7
324+(2) if the judge or magistrate has been retained by election, since the 8
325+last retention election of the judge or magistrate. 9
326+ * Sec. 22. AS 22.30.070 is amended to read: 10
327+Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 11
328+censure of judges and magistrates. (a) A judge or magistrate is disqualified from 12
329+acting as a judge or magistrate, without loss of salary, while there is pending 13
330+(1) an indictment or an information charging the judge or magistrate 14
331+in the United States with a crime punishable as a felony under state [ALASKA] or 15
332+federal law; [,] or 16
333+(2) a recommendation to the supreme court by the commission for the 17
334+removal or retirement of the judge or magistrate. 18
335+(b) On recommendation of the commission, the supreme court may reprimand, 19
336+publicly or privately censure, or suspend a judge or magistrate from office without 20
337+salary when in the United States the judge or magistrate pleads guilty or no contest or 21
338+is found guilty of a crime punishable as a felony under state or federal law or of a 22
339+crime that involves moral turpitude under state or federal law. If the conviction is 23
340+reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 24
341+or magistrate's salary for the period of suspension. If the judge or magistrate is 25
342+suspended and the conviction becomes final, the supreme court shall remove the judge 26
343+or magistrate from office. 27
344+(c) On recommendation of the commission, the supreme court may (1) retire a 28
345+judge or magistrate for disability that seriously interferes with the performance of 29
346+duties and that is or may become permanent, and (2) reprimand, publicly or privately 30
347+censure, or remove a judge or magistrate for action, occurring not more than six 31 33-LS0123\S
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350+
351+years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 1
352+or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 2
353+wilful and persistent failure to perform duties, habitual intemperance, conduct 3
354+prejudicial to the administration of justice, or conduct that brings the judicial office or 4
355+magistrate's office into disrepute. The effective date of retirement under (1) of this 5
356+subsection is the first day of the month coinciding with or after the date that the 6
357+supreme court files written notice with the commissioner of administration that the 7
358+judge or magistrate was retired for disability. A duplicate copy of the notice shall be 8
359+filed with the judicial council. 9
360+(d) A judge or magistrate retired by the supreme court shall be considered to 10
361+have retired voluntarily. A judge or magistrate removed by the supreme court is 11
362+ineligible for judicial office or for a magistrate position for a period of three years. 12
363+(e) A supreme court justice who has participated in proceedings involving a 13
364+judge or justice of any court or a magistrate may not participate in an appeal 14
365+involving that judge, [OR] justice, or magistrate in that particular matter. 15
366+ * Sec. 23. AS 22.35 is amended by adding a new section to read: 16
367+Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 17
368+to support or oppose the retention or rejection of a judicial officer in an election under 18
369+AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 19
370+court justice, including the chief justice, a judge of the court of appeals, a judge of the 20
371+superior court, a district court judge, or a magistrate. 21
372+(b) This section does not apply to the duties of the judicial council under 22
373+AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 23
374+ * Sec. 24. AS 22.15.170(c) and 22.15.170(d) are repealed. 24