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SPONSOR SUBSTITUTE FOR SENATE BILL NO. 31
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY SENATOR SHOWER
Introduced: 3/8/23
Referred: State Affairs, Judiciary
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; relating to the selection of magistrates; relating 2
to the duties of the judicial council; relating to the duties of the Commission on Judicial 3
Conduct; relating to the conduct of magistrates; and relating to the impeachment, 4
disqualification, suspension, removal, retirement, and censure of magistrates." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 22.07.070 is amended to read: 7
Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 8
successor to fill an impending vacancy in the office of judge of the court of appeals 9
within 45 days after receiving nominations and recommendations from the judicial
10
council, by appointing, for each actual or impending vacancy, one person who was 11
[OF TWO OR MORE PERSONS] nominated or reviewed by the council under (b) 12
of this section. A person who is appointed under this section must be qualified 13 33-LS0123\R
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under AS 22.07.040. If the governor does not appoint a person from the persons 1
nominated or reviewed by the council under (b) of this section, the governor may 2
request another round of candidates as provided under (b) of this section. An 3
appointment made under this section is subject to confirmation by a majority of 4
the members of the legislature in joint session [FOR EACH ACTUAL OR 5
IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 6
effective upon the later of either confirmation by the legislature or the actual 7
occurrence of the vacancy. 8
(b) The office of a judge of the court of appeals becomes vacant 90 days after 9
the election at which the judge is rejected by a majority of those voting on the question 10
or for which the judge fails to file a declaration of candidacy. The governor shall 11
submit to the judicial council the names of two persons qualified for the judicial 12
office within 45 days of [UPON] the occurrence of (1) an actual vacancy; (2) the 13
certification of rejection following an election; [OR] (3) the election following failure 14
of a judge to file a declaration of candidacy; or (4) the decision of the governor not 15
to appoint a person under (a) of this section. The [, THE JUDICIAL] council shall 16
meet within 90 days after the governor's submission to review the qualifications of 17
the persons proposed by the governor, provide recommendations to the governor 18
concerning the qualifications of those persons for appointment to the judicial 19
office, and submit to the governor the names of four additional [TWO OR MORE] 20
persons qualified for the judicial office; however, the 90-day period for the council to 21
meet may be extended by the [JUDICIAL] council with the concurrence of the 22
supreme court. In the event of an impending vacancy other than by reason of rejection 23
or failure to file a declaration of candidacy, the governor shall submit the names of 24
two persons qualified for the judicial office, and the [JUDICIAL] council, after 25
receiving the names submitted by the governor, may meet at any time within the 26
90-day period immediately preceding the effective date of the vacancy to review the 27
qualifications of the persons proposed by the governor, provide 28
recommendations to the governor concerning the qualifications of those persons 29
for appointment to the judicial office, and submit to the governor the names of four 30
additional [TWO OR MORE] persons qualified for the judicial office. 31 33-LS0123\R
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* Sec. 2. AS 22.15.170(a) is amended to read: 1
(a) The governor shall fill a vacancy or appoint a successor to fill an 2
impending vacancy in an office of district judge within 45 days after receiving 3
nominations and recommendations from the judicial council by appointing, for each 4
actual or impending vacancy, one person who was [ONE OF TWO OR MORE 5
PERSONS] nominated or reviewed by the council under (e) of this section. A 6
person who is appointed under this subsection must be qualified under 7
AS 22.07.040. If the governor does not appoint a person from the persons 8
nominated or reviewed by the council under (e) of this section, the governor may 9
request another round of candidates as provided under (e) of this section. An 10
appointment made under this subsection is subject to confirmation by a majority 11
of the members of the legislature in joint session. An [FOR EACH ACTUAL OR 12
IMPENDING VACANCY. THE] appointment to fill an impending vacancy becomes 13
effective upon the later of either confirmation by the legislature or the actual 14
occurrence of the vacancy. 15
* Sec. 3. AS 22.15.170(c) is amended to read: 16
(c) The presiding judge of the superior court in each judicial district shall 17
appoint the magistrates for the district court for the judicial district. Except when 18
disqualified from acting as a magistrate under AS 22.30.070, each [EACH] 19
magistrate serves at the pleasure of the presiding judge of the superior court in the 20
judicial district for which appointed. An appointment made under this subsection is 21
subject to confirmation by a majority of the members of the legislature in joint 22
session. 23
* Sec. 4. AS 22.15.170(e) is amended to read: 24
(e) The office of a district court judge becomes vacant 90 days after the 25
election at which the judge is rejected by a majority of those voting on the question or 26
for which the judge fails to file a declaration of candidacy. The governor shall 27
submit to the judicial council the names of two persons qualified for the judicial 28
office within 45 days of [UPON] the occurrence of (1) an actual vacancy; (2) the 29
certification of rejection following an election; [OR] (3) the election following failure 30
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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to appoint a person under (a) of this section. The [, THE JUDICIAL] council shall 1
meet within 90 days after the governor's submission to review the qualifications of 2
the persons proposed by the governor, provide recommendations to the governor 3
concerning the qualifications of those persons for appointment to the judicial 4
office, and submit to the governor the names of four additional [TWO OR MORE] 5
persons qualified for the judicial office; however, the [EXCEPT THAT THIS] 90-day 6
period for the council to meet may be extended by the council with the concurrence 7
of the supreme court. In the event of an impending vacancy other than by reason of 8
rejection or failure to file a declaration of candidacy, the governor may submit the 9
names of two persons qualified for the judicial office, and the council, after 10
receiving the names submitted by the governor, may meet at any time within the 11
90-day period immediately preceding the effective date of the vacancy to review the 12
qualifications of the persons proposed by the governor, provide 13
recommendations to the governor concerning the qualifications of those persons 14
for appointment to the judicial office, and submit to the governor the names of four 15
additional [TWO OR MORE] persons qualified for the judicial office. 16
* Sec. 5. AS 22.15.205 is amended to read: 17
Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 18
impeachment by the legislature for malfeasance or misfeasance in the performance of 19
official duties. Impeachment must originate in the senate and must be approved by 20
two-thirds vote of its members. The motion for impeachment must list fully the basis 21
for the proceeding. Trial on impeachment shall be conducted by the house of 22
representatives. A supreme court justice designated by the court shall preside at the 23
trial. Concurrence of two-thirds of the members of the house is required for a 24
judgment of impeachment. The judgment may not extend beyond removal from office, 25
but does not prevent proceedings in the courts on the same or related charges. 26
* Sec. 6. AS 22.20 is amended by adding a new section to article 4 to read: 27
Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 28
report summarizing the questions asked of the supreme court, court of appeals, 29
superior court, and district court candidates as part of the nomination and review 30
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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AS 22.15.170(e), and the answers of the candidates to those questions. Not later than 1
February 14 of each year, the judicial council shall submit the report to the senate 2
secretary and the chief clerk of the house of representatives and notify the legislature 3
that the report is available. 4
* Sec. 7. AS 22.30.011(a) is amended to read: 5
(a) The commission shall on its own motion or on receipt of a written 6
complaint inquire into an allegation that a judge or magistrate 7
(1) has been convicted of a crime punishable as a felony under state or 8
federal law or convicted of a crime that involves moral turpitude under state or federal 9
law; 10
(2) suffers from a disability that seriously interferes with the 11
performance of [JUDICIAL] duties and that is or may become permanent; 12
(3) within a period of not more than six years before the filing of the 13
complaint or before the beginning of the commission's inquiry based on its own 14
motion, committed an act or acts that constitute 15
(A) wilful misconduct in office; 16
(B) wilful and persistent failure to perform the [JUDICIAL] 17
duties of the judge or magistrate; 18
(C) conduct prejudicial to the administration of justice; 19
(D) conduct that brings the judicial office or magistrate's 20
office into disrepute; or 21
(E) conduct in violation of the code of judicial conduct; or 22
(4) is habitually intemperate. 23
* Sec. 8. AS 22.30.011(b) is amended to read: 24
(b) After preliminary informal consideration of an allegation, the commission 25
may exonerate the judge or magistrate, informally and privately admonish the judge 26
or magistrate, or recommend counseling. Upon a finding of probable cause, the 27
commission shall hold a formal hearing on the allegation. A hearing under this 28
subsection is public. Proceedings and records pertaining to proceedings that occur 29
before the commission holds a public hearing on an allegation are confidential, subject 30
to the provisions of AS 22.30.060(b). 31 33-LS0123\R
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* Sec. 9. AS 22.30.011(c) is amended to read: 1
(c) A judge or magistrate appearing before the commission at the hearing is 2
entitled to counsel, may present evidence, and may cross-examine witnesses. 3
* Sec. 10. AS 22.30.011(d) is amended to read: 4
(d) The commission shall, after a hearing held under (b) of this section, 5
(1) exonerate the judge or magistrate of the charges; or 6
(2) refer the matter to the supreme court with a recommendation that 7
the judge or magistrate be reprimanded, suspended, removed [,] or retired from 8
office, or publicly or privately censured by the supreme court. 9
* Sec. 11. AS 22.30.011(g) is amended to read: 10
(g) If the commission exonerates a judge or magistrate, a copy of the 11
proceedings and report of the commission may be made public on the request of the 12
judge or magistrate. 13
* Sec. 12. AS 22.30.070 is amended to read: 14
Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 15
censure of judges and magistrates. (a) A judge or magistrate is disqualified from 16
acting as a judge or magistrate, without loss of salary, while there is pending 17
(1) an indictment or an information charging the judge or magistrate 18
in the United States with a crime punishable as a felony under state [ALASKA] or 19
federal law; [,] or 20
(2) a recommendation to the supreme court by the commission for the 21
removal or retirement of the judge or magistrate. 22
(b) On recommendation of the commission, the supreme court may reprimand, 23
publicly or privately censure, or suspend a judge or magistrate from office without 24
salary when in the United States the judge or magistrate pleads guilty or no contest or 25
is found guilty of a crime punishable as a felony under state or federal law or of a 26
crime that involves moral turpitude under state or federal law. If the conviction is 27
reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 28
or magistrate's salary for the period of suspension. If the judge or magistrate is 29
suspended and the conviction becomes final, the supreme court shall remove the judge 30
or magistrate from office. 31 33-LS0123\R
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(c) On recommendation of the commission, the supreme court may (1) retire a 1
judge or magistrate for disability that seriously interferes with the performance of 2
duties and that is or may become permanent, and (2) reprimand, publicly or privately 3
censure, or remove a judge or magistrate for action, occurring not more than six 4
years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 5
or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 6
wilful and persistent failure to perform duties, habitual intemperance, conduct 7
prejudicial to the administration of justice, or conduct that brings the judicial office or 8
magistrate's office into disrepute. The effective date of retirement under (1) of this 9
subsection is the first day of the month coinciding with or after the date that the 10
supreme court files written notice with the commissioner of administration that the 11
judge or magistrate was retired for disability. A duplicate copy of the notice shall be 12
filed with the judicial council. 13
(d) A judge or magistrate retired by the supreme court shall be considered to 14
have retired voluntarily. A judge or magistrate removed by the supreme court is 15
ineligible for judicial office or for a magistrate position for a period of three years. 16
(e) A supreme court justice who has participated in proceedings involving a 17
judge or justice of any court or a magistrate may not participate in an appeal 18
involving that judge, [OR] justice, or magistrate in that particular matter. 19
* Sec. 13. AS 22.35 is amended by adding a new section to read: 20
Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 21
to support or oppose the retention or rejection of a judicial officer in an election under 22
AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 23
court justice, including the chief justice, a judge of the court of appeals, a judge of the 24
superior court, or a district court judge. 25
(b) This section does not apply to the duties of the judicial council under 26
AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 27