SB 31 — An Act relating to the selection, retention, and rejection of judicial officers for the court of appeals and the district court; relating to the selection of magistrates; relating to the duties of the judicial council; relating to the duties of the Commission on Judicial Conduct; relating to the conduct of magistrates; and relating to the impeachment, disqualification, suspension, removal, retirement, and censure of magistrates.

Sec.

15.35.120.

Requirement of filing fee for district court or magistrate candidate.

At the time the declaration is filed, each candidate for retention on the district court or as a magistrate position shall pay a filing fee of $30 to the director.

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5.

AS 15.35.130 is amended to read:

Sec.

15.35.130.

Placing name of district judge or magistrate on ballot.

The director shall place the name of a district judge or magistrate who has properly filed a declaration of candidacy for retention on the ballot in the judicial district designated in the declaration of candidacy for the general election at which approval is sought.

* Sec.

6.

AS 15.35.135 is amended to read:

Sec.

15.35.135.

Withdrawal of candidacy;

removal of name from general election ballot.

(a) Notice of withdrawal of candidacy for retention for a supreme court justice, judge of the court of appeals, superior court judge, [OR] district court judge, or magistrate must be in writing over the signature of the candidate.

(b) The name of a candidate for retention for supreme court justice, judge of the court of appeals, superior court judge, [OR] district court judge, or magistrate must appear on the general election ballot unless notice under (a) of this section of withdrawal of candidacy is received by the director at least 64 days before the date of the general election.

* Sec.

7.

AS 15.58.050 is amended to read:

Sec.

15.58.050.

Information and recommendations on judicial officers.

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.

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.

A statement may not exceed 600 words.

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8.

AS 15.58.060(a) is amended to read:

(a) Each general election candidate shall pay to the lieutenant governor at the time of filing material under this chapter the following:

(1) President or Vice-President of the United States, United States senator, United States representative, governor, lieutenant governor, supreme court SB0031A -3- SB 31 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S justice, and court of appeals judge, $300 each;

(2) superior court judge, [AND] district court judge, and magistrate, $150 each;

(3) state senator and state representative, $100 each.

* Sec.

9.

AS 22.07.060 is amended to read:

Sec.

22.07.060.

Approval or rejection.

Each judge of the court of appeals is subject to approval or rejection as provided in AS 15 (Alaska Election Code).

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 information and any recommendation shall be made public at least 60 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.

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 a vacancy in the supreme court, the court of appeals, the superior court, [OR] the district court, or a magistrate position of the state.

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10.

(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[WITHIN 45 daysDAYS] after receiving nominations and recommendations from the judicial council,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.section at the request of the governor and who is qualified under AS 22.07.040.

AIf the governor does not appoint a person whofrom isthe appointedfirst round of persons nominated or reviewed by the judicial council under (b) of this sectustsection, bethe qualifiedgovernor SB0031Bshall -1-submit SSSBthe 31names Newof Textnot Underlinedmore [DELETEDthan TEXTtwo BRACKETED]additional 33-LS0123\Rpersons to the judicial council for review under AS(b) 22.07.040.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 (b) of this section.

IfSB the31 governor-4- doesSB0031A notNew appointText aUnderlined person[DELETED fromTEXT theBRACKETED] persons33-LS0123\S nominatedAn orappointment reviewedmade byunder thethis councilsection underis (b)subject ofto thisconfirmation section,by thea governormajority mayof requestthe anothermembers round of candidatesthe aslegislature providedin underjoint (b)session[FOR ofEACH thisACTUAL section.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].

TheUpon governor shall submit to the judicial council the names of two persons qualified for the judicial office within 45 days of [UPON] the occurrence of (1) an actual vacancy;

or (4) the decision of the governor not to appoint a person under (a) of this section.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.

TheTh[e, [,THE] THEjudicial JUDICIAL] council shall meet within 90 days after receiving the governor'snames submissionsubmitted 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;

however, if the 90-daygovernor periodrequires fora thesecond councilround toof meetnominations mayunder be(a) extendedof bythis section, the [JUDICIAL]judicial council withshall submit to the concurrencegovernor the names of theat supremeleast court.two and not more than four addio tnal persons qualified for judicial office.

InThe the[THE] event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the governor shall submit the names of two persons qualified for the judicial office, and the [JUDICIAL] council, after receiving the names submitted by the governor, may meet at any time within the 90-day period immediatelyfor preceding the effectivecouncil date of the vacancy to reviewmeet themay qualificationsbe ofextended the persons proposed by the governor, provide recommendations to the governor concerning the qualifications of those persons for appointment to the judicial office,council andwith submit to the governorconcurrence the names of four additional [TWO OR MORE] persons qualified for the judicialsupreme office.court.

SSSBIn 31the -2-event SB0031Bof 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 persons for appointment to the judicial office, and submit to the governor the names SB0031A -5- SB 31 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\R33-LS0123\S *of Sec.up to four additional [TWO OR MORE] persons qualified for the judicial office.

2.* Sec.

11.

(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge withinor magistrate [WITHIN 45 daysDAYS] 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 [ONE[OF OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by the council under (e) of this section.section at the request of the governor and who is qualified under AS 22.07.040.

AIf the governor does not appoint a person whofrom isthe appointedfirst round of persons nominated or reviewed by the judicial council under (e) of this subsectionsection, mustthe begovernor qualifiedshall submit the names of not more than two additional persons to the judicial council for review under AS(e) 22.07.040.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.

IfAn theappointment governormade doesunder notthis appointsection ais personsubject fromto theconfirmation persons nominated or reviewed by thea councilmajority under (e) of this section, the governormembers may request another round of candidatesthe aslegislature providedin underjoint (e)session. of this section.

An appointment made under this subsection is subject to confirmation by a majority of the members of the legislature in joint session.

3.12.

AS 22.15.170(c) is amended to read:

(c) The presiding judge of the superior court in each judicial district shall appoint the magistrates for the district court for the judicial district.

Except when disqualified from acting as a magistrate under AS 22.30.070, each [EACH] magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for which appointed.

An appointment made under this subsection is subject to confirmation by a majority of the members of the legislature in joint session.

* Sec.

4.

(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.

TheUpon governor shall submit to the judicial council the names of two persons qualified for the judicial office within 45 days of [UPON] the occurrence of (1) an actual vacancy;

[OR] (3) the election following failure of a judge or magistrate to file a declaration of candidacy;

or (4) the decision of the governor not SB0031Bto -3-appoint SSSBa 31person Newunder Text(a) Underlinedof [DELETEDthis TEXTsection, BRACKETED]the 33-LS0123\Rgovernor shall, within 90 days, submit to appointthe ajudicial personcouncil underthe (a)names of thisnot section.more than two persons qualified for the judicial office or magistrate position.

The [, THETHE] JUDICIAL]judicial council shall meet within 90 days after receiving the governor'snames submissionsubmitted by the governor to review SB 31 -6- SB0031A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S 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,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;office or magistrate position;

however, if the [EXCEPTgovernor THATrequires THIS]a 90-daysecond periodround forof nominations under (a) of this section, the judicial council shall submit to meetthe maygovernor bethe extendednames byof theat councilleast withtwo theand concurrencenot ofmorh theeat supremefour court.additional persons qualified for judicial office.

InThe the[; event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the governor may submit the names of two persons qualified for the judicial office, and thecouncil, after receiving the 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 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 four additional [TWO OR MORE] persons qualified for the judicial office.

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.

5.13.

AS 22.15.195 is amended to read:

Sec.

22.15.195.

Approval or rejection.

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 information and the recommendation shall be made public at least 60 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 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 SB0031A -7- SB 31 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S 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.

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14.

6.15.

The judicial council shall prepare an annual report summarizing the responses to the questions asked of the supreme court, court of appeals, superior court, and district courtcourt, candidates as part of the nomination and reviewmagistrate processcandidates under AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and SSSB 31 -4- SB0031B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\R AS 22.15.170(e),22.15.170(e). and the answers of the candidates to those questions.

7.16.

(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 SB 31 -8- SB0031A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S motion, committed an act or acts that constitute (A) wilful misconduct in office;

8.17.

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9.18.

10.19.

11.20.

12.21.

AS 22.30.011(h) is amended to read:

SB0031A -9- SB 31 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S (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.

* Sec.

22.

SSSB 31 -6- SB0031B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\R (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 SB 31 -10- SB0031A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0123\S 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.

13.23.

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, or a district court judge.judge, or a magistrate.

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24.

AS 22.15.170(c) and 22.15.170(d) are repealed.

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