Alaska 32nd Legislature (2021-2022) Status: In Committee 1 R cosponsors

SB 14 — An Act relating to the selection and retention of judicial officers for the court of appeals and the district court and of magistrates; relating to the duties of the judicial council; relating to the duties of the Commission on Judicial Conduct; and relating to retention or rejection of a judicial officer.

Last action — (S) REFERRED TO FIN

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

261 added · 280 removed

Plain-language change summary

The changes made to SB 14 primarily replace the term "Judicial Council" with "Commission on Judicial Conduct" in the text of the bill. This adjustment clarifies which body is responsible for evaluating judges and reporting their performance during retention elections. It matters because clearer language ensures that voters receive accurate information about judges' evaluations, which can influence their decision-making during elections. Additionally, the updated language reflects the correct terminology used in the legal system, promoting consistency in legal references.

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32-LS0171\B CS FOR SENATE BILL NO.
32-LS0171\A SENATE BILL NO.
14(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE JUDICIARY COMMITTEE Referred:
14 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATOR SHOWER Introduced:
Finance Sponsor(s):
1/22/21 Referred:
SENATOR SHOWER A BILL FOR AN ACT ENTITLED "An Act relating to the selection and retention of judicial officers for the court of appeals and the district court and of magistrates;
Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to the selection and retention of judicial officers for the court of appeals and the district court and of magistrates;
be retained as justice of the supreme court SB0014B -1- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B for 10 years?";
be retained as justice of the supreme court SB0014A -1- SB 14 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A for 10 years?";
At the time the declaration is filed, each candidate for retention on the CSSB 14(JUD) -2- SB0014B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B district court or as a magistrate position shall pay a filing fee of $30 to the director.
At the time the declaration is filed, each candidate for retention on the SB 14 -2- SB0014A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A district court or as a magistrate position shall pay a filing fee of $30 to the director.
Not [NO] later than August 7 of the year in which the state general election will be held, the judicial council shall file with the lieutenant governor a statement including information about each supreme court justice, court of appeals judge, superior court judge, [AND] district court judge, and magistrate who will be subject to a retention election.
Not [NO] later than August 7 of the year in which the state general election will be held, the Commission on Judicial Conduct [JUDICIAL COUNCIL] shall file with the lieutenant governor a statement including information about each supreme court justice, court of appeals judge, superior court judge, [AND] district court judge, and magistrate who will be subject to a retention election.
The statement shall reflect the evaluation of each justice, [OR] judge, or magistrate conducted by the judicial council according to law and shall contain a brief statement describing each public reprimand, public censure, or suspension received by the judge or magistrate under AS 22.30.011(d) during the period covered in the evaluation.
The statement shall reflect the evaluation of each justice, [OR] judge, or magistrate conducted by the Commission on Judicial Conduct [JUDICIAL COUNCIL] according to law and shall contain a brief statement describing each public reprimand, public censure, or suspension received by the judge or magistrate under AS 22.30.011(d) during the period covered in the evaluation.
(1) President or Vice-President of the United States, United States SB0014B -3- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B senator, United States representative, governor, lieutenant governor, supreme court justice, and court of appeals judge, $300 each;
SB0014A -3- SB 14 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A (1) President or Vice-President of the United States, United States senator, United States representative, governor, lieutenant governor, supreme court justice, and court of appeals judge, $300 each;
AS 15.58.060(c) is amended to read:
(c) There is no charge for statements and recommendations submitted by the Commission on Judicial Conduct [JUDICIAL COUNCIL] or for statements advocating approval or rejection of a proposition submitted to the voters for approval.
* Sec.
10.
AS 22.05.100 is amended to read:
Sec.
22.05.100.
Approval or rejection.
Each supreme court justice is subject to approval or rejection as provided in AS 15 (Alaska Election Code).
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an evaluation of each justice before the retention election and shall provide to the public information about that justice and may provide a recommendation regarding retention or rejection.
The information and any recommendation shall be made public at least 60 days before the retention election.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050.
If a majority of those voting on the question rejects the candidacy, the rejected justice may not be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state for a period of four years thereafter.
* Sec.
11.
The judicial council shall conduct an evaluation of each judge before the retention election and shall provide information to the public about the judge and may provide a recommendation regarding retention or rejection.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an evaluation of each judge before the retention election and shall provide information to the public about the judge and may provide a recommendation regarding retention or rejection.
The information and any recommendation shall be made public at least 60 days before the election.
The information and any recommendation shall be made public at least 60 SB 14 -4- SB0014A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A days before the election.
The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet as required by AS 15.58.050.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet as required by AS 15.58.050.
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(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of judge of the court of appeals [WITHIN 45 DAYS] after receiving nominations and recommendations from the judicial council on the person or persons submitted to the judicial council for review under (b) of this section, by appointing, for each actual or impending vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by the council under (b) of this section at the request of the governor and who is qualified under AS 22.07.040.
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of judge of the court of appeals within 45 days after receiving nominations from the judicial council [,] by appointing, for each actual or impending vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the council or one person who was not nominated but is qualified under AS 22.07.040.
If the governor does not appoint a person from the first round of persons nominated or reviewed by the judicial council under (b) of this section, the governor shall submit the names of not more than two additional persons to the judicial council for review under (b) of this section and the judicial council shall submit to the governor the names of CSSB 14(JUD) -4- SB0014B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B at least two and not more than four additional persons under (b) of this section.
An appointment made under this section is subject to confirmation by a majority of the members of the legislature in joint session [FOR EACH ACTUAL OR IMPENDING VACANCY].
An appointment made under this section is subject to confirmation by a majority of the members of the legislature in joint session[FOR EACH ACTUAL OR IMPENDING VACANCY].
[OR] (3) the election following failure of a judge to file a declaration of candidacy;
or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office;
or (4) the decision of the governor not to appoint a person under (a) of this section, the governor shall, within 90 days, submit to the judicial council the names of not more than two persons qualified for the judicial office.
however, the 90-day period may be extended by the judicial council with the concurrence of the supreme court.
Th[e, THE] judicial council shall meet within 90 days after receiving the names submitted by the governor to review the qualifications of the person or persons proposed by the governor, provide recommendations to the governor concerning the qualifications of those persons for appointment to the judicial office, and submit to the governor the names of up to four additional [TWO OR MORE] persons qualified for the judicial office;
In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the judicial council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.
however, if the governor requires a second round of nominations under (a) of this section, the judicial council shall submit to the governor the names of at least two and not more than four addio tnal persons qualified for judicial office.
The judicial council may submit to the governor the name of a candidate for judicial SB0014A -5- SB 14 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A office only if the judicial council determines that the judicial candidate understands and is committed to strict constitutional interpretation of statutes and regulations and adhering to legislative intent.
The [THE] 90-day period for the council to meet may be extended by the judicial council with the concurrence of the supreme court.
In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the governor may submit to the judicial council the names of not more than two persons qualified for the judicial office, and the judicial council, after receiving names submitted by the governor, may meet at any time within the 90-day period immediately preceding the effective date of the vacancy to review the qualifications of the person or persons proposed by the governor, provide recommendations to the governor concerning the qualifications of those SB0014B -5- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B persons for appointment to the judicial office, and submit to the governor the names of up to four additional [TWO OR MORE] persons qualified for the judicial office.
The judicial council may submit to the governor the name of a candidate for judicial office only if the judicial council determines that the judicial candidate understands and is committed to strict constitutional interpretation of statutes and regulations and adhering to legislative intent.
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AS 22.10.150 is amended to read:
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Sec.
22.10.150.
Approval or rejection.
Each superior court judge is subject to approval or rejection as provided in AS 15 (Alaska Election Code).
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an evaluation of each judge before the retention election and shall provide to the public information about the judge and may provide a recommendation regarding retention or rejection.
The information and any recommendation shall be made public at least 60 days before the retention election.
The information shall include the judge's consideration of victims when imposing sentence on persons convicted of felony offenses where the offenses involve victims.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050.
If a majority of those voting on the question rejects the candidacy of a judge, the rejected judge may not for a period of four years thereafter be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state.
* Sec.
14.
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge or magistrate [WITHIN 45 DAYS] after receiving nominations and recommendations from the judicial council on the person or persons submitted to the judicial council for review under (e) of this section, by appointing, for each actual or impending vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by the council under (e) of this section at the request of the governor and who is qualified under AS 22.07.040.
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge or magistrate within 45 days after receiving nominations from the judicial council by appointing, for each actual or impending vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the council or one person who was not nominated but is qualified under AS 22.15.160.
If the governor does not appoint a person from the first round of persons nominated or reviewed by the judicial council under (e) of this section, the governor shall submit the names of not more than two additional persons to the judicial council for review under (e) of this section and the judicial council shall submit to the governor the names of at least two and not more than four additional persons under (e) of this section.
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(e) The office of a district court judge or magistrate becomes vacant 90 days after the election at which the judge or magistrate is rejected by a majority of those voting on the question or for which the judge or magistrate fails to file a declaration of candidacy.
SB 14 -6- SB0014A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A (e) The office of a district court judge or magistrate becomes vacant 90 days after the election at which the judge or magistrate is rejected by a majority of those voting on the question or for which the judge or magistrate fails to file a declaration of candidacy.
[OR] (3) the election following failure of a judge or CSSB 14(JUD) -6- SB0014B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B magistrate to file a declaration of candidacy;
or (3) the election following failure of a judge or magistrate to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office or magistrate position;
or (4) the decision of the governor not to appoint a person under (a) of this section, the governor shall, within 90 days, submit to the judicial council the names of not more than two persons qualified for the judicial office or magistrate position.
except that this 90-day period may be extended by the council with the concurrence of the supreme court.
The [, THE] judicial council shall meet within 90 days after receiving the names submitted by the governor to review the qualifications of the person or persons proposed by the governor, provide recommendations to the governor concerning the qualifications of those persons for appointment to the judicial office or magistrate position, and submit to the governor the names of up to four additional [TWO OR MORE] persons qualified for the judicial office or magistrate position;
In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office or magistrate position.
however, if the governor requires a second round of nominations under (a) of this section, the judicial council shall submit to the governor the names of at least two and not morh eat four additional persons qualified for judicial office.
The [;
EXCEPT THAT THIS] 90- day period for the council to meet may be extended by the council with the concurrence of the supreme court.
In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the governor may submit to the judicial council the names of not more than two persons qualified for the judicial office or magistrate position, and the council, after receiving names submitted by the governor, may meet at any time within the 90-day period immediately preceding the effective date of the vacancy to review the qualifications of the person or persons proposed by the governor, provide recommendations to the governor concerning the qualifications of those persons for appointment to the judicial office or magistrate position, and submit to the governor the names of up to four additional [TWO OR MORE] persons qualified for the judicial office or magistrate position.
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Each district court judge and SB0014B -7- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election Code).
Each district court judge and magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election Code).
The judicial council shall conduct an evaluation of each judge or magistrate before the retention election and shall provide to the public information about the judge or magistrate and may provide a recommendation regarding retention or rejection.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall conduct an evaluation of each judge or magistrate before the retention election and shall provide to the public information about the judge or magistrate and may provide a recommendation regarding retention or rejection.
The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050.
The Commission on Judicial Conduct [JUDICIAL COUNCIL] shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050.
If a majority of those voting on the question rejects the candidacy of a judge or magistrate, the rejected judge or magistrate may not for a period of four years thereafter be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state, or in a magistrate position.
If a majority of those voting on the question rejects the candidacy of a judge or magistrate, the rejected judge or magistrate may not for a period of four years thereafter be appointed to fill SB0014A -7- SB 14 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A any vacancy in the supreme court, court of appeals, superior court, or district courts of the state, or in a magistrate position.
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(3) within a period of not more than six years before the filing of the CSSB 14(JUD) -8- SB0014B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B complaint or before the beginning of the commission's inquiry based on its own motion, committed an act or acts that constitute (A) wilful misconduct in office;
(3) within a period of not more than six years before the filing of the complaint or before the beginning of the commission's inquiry based on its own motion, committed an act or acts that constitute (A) wilful misconduct in office;
* Sec.
SB 14 -8- SB0014A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A * Sec.
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SB0014B -9- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B * Sec.
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AS 22.30.011(h) is amended to read:
(h) If a judge or magistrate has been publicly reprimanded, suspended, or publicly censured under this section and the judge or magistrate has filed a declaration of candidacy for retention in office, the commission shall report to the judicial council for inclusion in the statement filed by the judicial council under AS 15.58.050 each public reprimand, suspension, or public censure received by the judge or magistrate (1) since appointment;
or (2) if the judge or magistrate has been retained by election, since the last retention election of the judge or magistrate.
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(b) On recommendation of the commission, the supreme court may reprimand, publicly or privately censure, or suspend a judge or magistrate from office without salary when in the United States the judge or magistrate pleads guilty or no contest or is found guilty of a crime punishable as a felony under state or federal law or of a crime that involves moral turpitude under state or federal law.
(b) On recommendation of the commission, the supreme court may reprimand, SB0014A -9- SB 14 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A publicly or privately censure, or suspend a judge or magistrate from office without salary when in the United States the judge or magistrate pleads guilty or no contest or is found guilty of a crime punishable as a felony under state or federal law or of a crime that involves moral turpitude under state or federal law.
(c) On recommendation of the commission, the supreme court may (1) retire a judge or magistrate for disability that seriously interferes with the performance of duties and that is or may become permanent, and (2) reprimand, publicly or privately CSSB 14(JUD) -10- SB0014B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\B censure, or remove a judge or magistrate for action, occurring not more than six years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, wilful and persistent failure to perform duties, habitual intemperance, conduct prejudicial to the administration of justice, or conduct that brings the judicial office or magistrate's office into disrepute.
(c) On recommendation of the commission, the supreme court may (1) retire a judge or magistrate for disability that seriously interferes with the performance of duties and that is or may become permanent, and (2) reprimand, publicly or privately censure, or remove a judge or magistrate for action, occurring not more than six years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, wilful and persistent failure to perform duties, habitual intemperance, conduct prejudicial to the administration of justice, or conduct that brings the judicial office or magistrate's office into disrepute.
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In this subsection, "judicial officer" means a supreme court justice, including the chief justice, a judge of the court of appeals, a judge of the superior court, a district court judge, or a magistrate.
In this subsection, "judicial officer" means a supreme SB 14 -10- SB0014A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0171\A court justice, including the chief justice, a judge of the court of appeals, a judge of the superior court, a district court judge, or a magistrate.
(b) This section does not apply to the duties of the judicial council under AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195.
(b) This section does not apply to the duties of the Commission on Judicial Conduct under AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195.
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AS 22.15.170(c) and 22.15.170(d) are repealed.
AS 22.15.170(c), 22.15.170(d);
SB0014B -11- CSSB 14(JUD) New Text Underlined [DELETED TEXT BRACKETED]
and AS 22.30.011(h) are repealed.
SB0014A -11- SB 14 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (S) REFERRED TO FIN

  2. (S) FIN REFERRAL ADDED AFTER JUD

  3. (S) FN3: ZERO(S.JUD)

  4. (S) FN2: ZERO(S.JUD)

  5. (S) FN1: INDETERMINATE(AJS)

  6. (S) DNP: KIEHL

  7. (S) DP: REINBOLD, SHOWER, HUGHES

  8. (S) JUD RPT CS 3DP 1DNP SAME TITLE

  9. (S) Minutes (SJUD)

  10. (S) Moved CSSB 14(JUD) Out of Committee

  11. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  12. (S) Minutes (SJUD)

  13. (S) Heard & Held

  14. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  15. (S) Minutes (SJUD)

  16. (S) Heard & Held

  17. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  18. (S) Minutes (SJUD)

  19. (S) Heard & Held

  20. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  21. (S) Minutes (SJUD)

  22. (S) Heard & Held

  23. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  24. (S) Minutes (SJUD)

  25. (S) Heard & Held

  26. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  27. (S) Minutes (SJUD)

  28. (S) Heard & Held

  29. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  30. (S) Minutes (SJUD)

  31. (S) Scheduled but Not Heard

  32. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  33. (S) Minutes (SJUD)

  34. (S) Heard & Held

  35. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  36. (S) JUD

  37. (S) READ THE FIRST TIME - REFERRALS

  38. (S) Prefile released 1/8/21

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 14?
SB 14 is sponsored by Mike Shower (R).
What is the current status of SB 14?
This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 14?
Track SB 14 free on One Click Politics — get push/email alerts when it moves.

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