Freedom of Religion 5. 2 A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities. The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system. The remainder of the constitution shall take effect when the elected governor takes office.. The Alaska Commission on Judicial Conduct will be holding its next quarterly meeting on Friday, April 28, 2023. Ordinance No. 1, 2A, and 3A (4) of the Code of Judicial Conduct. To assist with site navigation, you can use the direct links below. Time is reserved at the end of Public Session for speaking requests. The Alaska Rules of Court are The debate represented all Executive appearance of bias. counsel were allowed into the hearing), and the judge preserved the entire Contact Us, How the Commission The judgment may not extend beyond removal from office, but shall not prevent proceedings in the courts on the same or related charges. A federal statute or proposed federal statute that affects an interest of this State under the Act admitting Alaska to the Union is ineffective as against the State interest unless approved by a two-thirds vote of each house of the legislature or approved by the people of the State. [Amended 1972]. The procedure for determining absence and disability shall be prescribed by law. The legislature shall have sixty days of a regular session, or a full session if of shorter duration, to disapprove these executive orders. The legislature shall establish procedures for suits against the State. 2022 Annual Report, Email the Commission at Review of decisions under paragraph (a)(9). Appointee's injudicious pics lead to trouble -- and to no appointment Routine checking of court files is not (d), by moderating a partisan political debate. investigated a complaint against a magistrate do not violate the Code of The term of the representative shall expire on the third day of January in the odd-numbered year immediately following his assuming office. Bills for appropriations shall be confined to appropriations. The presiding officer of the senate, the presiding officer of the house of representatives, and the chief justice of the supreme court shall each appoint one member of the board. The courts shall constitute a unified judicial system for operation and administration. and authority, contempt powers, standards for reopening complaints, and 5537 (Alaska February The governor may make appointments to fill vacancies occurring during a recess of the legislature, in offices requiring confirmation by the legislature. No. In civil cases where the amount in controversy exceeds two hundred fifty dollars, the right of trial by a jury of twelve is preserved to the same extent as it existed at common law. Administrative Journal, notices of proposed and adopted regulations, The public packet can be reviewed at [] Superior courts The Alaska superior courts are the trial courts of general jurisdiction. [Amended 1996], Amendments to this constitution may be proposed by a two-thirds vote of each house of the legislature. the case as a whole, did not conform to the requirements of Canon 3E of the forms. judge's non- emergency family duties are paramount over judicial duties articles in many areas such as natural resources law, environmental law, Alaska Court System website. For example: Below is the summary of the Alaska Code of Judicial Conduct. The lieutenant governor shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty days after adjournment of that session. Conduct. Disqualification of judicial officer for cause. . Complaints can Article II The Legislature Each bill for appropriations for capital projects in excess of the limit shall be confined to capital projects of the same type, and the voters shall, as provided by law, be informed of the cost of operations and maintenance of the capital projects. Judges who criticize jurors verbally, directly to them, for their work as jurors, violate Canons 2A and 3A (3) of the Code of Judicial Conduct. improper, but fact-finding that goes beyond courts records may be. All civil officers of the State are subject to impeachment by the legislature. [Amended 1970], The compensation of the governor and the lieutenant governor shall be prescribed by law and shall not be diminished during their term of office, unless by general law applying to all salaried officers of the State. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year. (Approved August 28, 1992), A judge's phone call to the head of a state office responsible for Alaska's Commission on Judicial Conduct oversees the conduct of justices of the Alaska Supreme Court, judges of the state court of appeals, state superior court judges, and state district court judges. Disabilities may include: alcohol or drug abuse; senility; serious physical illness; or mental illness. [Amended 1998], Any qualified voter may apply to the superior court to compel the Redistricting Board, by mandamus or otherwise, to perform its duties under this article or to correct any error in redistricting. Extreme examples of improper influence would include the giving or receiving of gifts, bribes, loans or favors. Amendment Summary. volume 45 of the Pacific Reporter, third series, on page 1198. They shall be citizens of the United States. Bar Association. Martial law shall not continue for longer than twenty days without the approval of a majority of the members of the legislature in joint session. One senator shall be chosen for the regular term expiring on January 3, 1963, and the other for an initial short term expiring on January 3, 1961, unless when they are seated the Senate prescribes other expiration dates. State statutes regulating the commission are found in Alaska Statutes: Chapter 22.30. (a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. The NALS of Anchorage Handbook (formerly the limits for different judges.) The unexpended and unobligated funds appropriated to the Alaska Constitutional Convention by Chapter 46, SLA 1955, may be used to defray expenses attributable to the referendum and the election required by this ordinance. former related proceeding and did not disclose that contact to the parties 16). violate Canon 5 C(1) by improperly exploiting the judges' position. formal action. investigating those complaints. A judge who recused from one hearing in a criminal case, but not from He shall return any vetoed bill, with a statement of his objections, to the house of origin. Persons not representing any political party may become independent candidates for the offices of senator or representative by filing applications in the manner provided in section 38-5-10, ACLA 1949, insofar as applicable. This meeting will be held at the Commission's office with public participation allowed via Zoom. Other exemptions of like or different kind may be granted by general law. The Commission's efforts are directed towards improving its Application to compel the board to perform must be filed not later than thirty days following the expiration of the ninety-day period specified in this article. 1959 - current opinions are available in print at the This article is currently outside of Ballotpedia's coverage scope and does not receive scheduled updates. The circumstances in rural Unless disapproved by resolution concurred in by a majority of the members in joint session, these orders become effective at a date thereafter to be designated by the governor. the Code of Judicial Conduct. The capital of the State of Alaska shall be at Juneau. New local subdivisions of government shall be created only in accordance with this constitution. or charges; recommend counseling; or recommend that the supreme court take SCOs not provided online are available at the Anchorage, Juneau and Fairbanks law libraries. The judicial council shall perform other duties assigned by law. Consideration may be given to local government boundaries. The Only the minimum facts Bills vetoed after adjournment of the first regular session of the legislature shall be reconsidered by the legislature sitting as one body no later than the fifth day of the next regular or special session of that legislature. libraries. Exercising its authority under this section, the legislature has provided that the date of general elections is the Tuesday after the first Monday in November in every even-numbered year. The qualified voters of any borough of the first class or city of the first class may adopt, amend, or repeal a home rule charter in a manner provided by law. Except as otherwise provided in this constitution, all rights, titles, actions, suits, contracts, and liabilities and all civil, criminal, or administrative proceedings shall continue unaffected by the change from territorial to state government, and the State shall be the legal successor to the Territory in these matters. Opinion #002 Pay Online Alaska Commission on Judicial Conduct All members of the public will be automatically muted on joining the meeting. The official publisher of the Alaska Reporter is West, a Thomson Reuters business. judicial conduct and disability. The elections shall be governed by this constitution and by applicable territorial laws. The supreme court is the highest court in Alaska and [Amended 1998], The board shall elect one of its members chairman and may employ temporary assistants. No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed. forms are also available at all court Alaska Administrative Code citations are cited by title, chapter and Provision shall be made by law for succession to the office of governor and for an acting governor in the event that the lieutenant governor is unable to succeed to the office or act as governor. When the state courts are organized, new actions shall be commenced and filed therein, and all causes, other than those under the jurisdiction of the United States, pending in the courts existing on the date of admission, shall be transferred to the proper state court as though commenced, filed, or lodged in those courts in the first instance, except as otherwise provided by law. Greene did not oppose the recommendation. The flag of the Territory shall be the flag of the State. provide language that you will need to tailor to your situation. Unless other provisions have been made by law, the call shall conform as nearly as possible to the act calling the Alaska Constitutional Convention of 1955, including, but not limited to, number of members, districts, election and certification of delegates, and submission and ratification of revisions and ordinances. Download . [Amended 1990]. Judges who write one party in a proceeding without copying the other (Approved as modified December 10, 1993), Canon 5B(2), prohibits fund solicitation for charitable or civic General elections shall be held on the second Tuesday in October of every even-numbered year, but the month and day may be changed by law. The governing body of the organized borough shall be the assembly, and its composition shall be established by law or charter. and modified in the past few years. Complaints can also be scanned and e-mailed to administrator@acjc.state.ak.us. The approval of the federal statute by the people of the State is not effective unless the federal statute described in the resolution is ratified by a majority of the qualified voters of the State who vote on the question. (The former law required a period of not more than six years In lieu of any technical difficulties, please allow a few minutes lee-way to be admitted and for the meeting to start. The Alaska Commission on Judicial Conduct was created by amendment Public Participation. Appropriations for Relocation of the Capital, 27. PDF. The provisions of section 5 of article II shall not prohibit any member of the first state legislature from holding any office or position created during his first term. The Administrative Bulletins are a compilation of court system policies "[4], The commission issues several types of opinions, including formal ethics opinions, which are based on real cases that resulted in private informal action, and advisory opinions, which answer various questions.[5]. [Amended 1972], This constitution does not prohibit the State from granting preferences, on the basis of Alaska residence, to residents of the State over nonresidents to the extent permitted by the Constitution of the United States. Judicial appointments to paid positions like masters Such jokes are worse than profanity. regulations of all Alaska agencies. While a judge is No exclusive right or special privilege of fishery shall be created or authorized in the natural waters of the State. Alaska Judicial Conduct Commission Rules. No legislator may hold any other office or position of profit under the United States or the State. Electronic and Written Records. (907) 272-1033 | or in Alaska (800) 478-1033 | FAX (907) 272-9309 | both houses. 1989). ( 54-2-1 ACLA 1949; am 1 ch 48 SLA 1967; am 10, 11 ch 38 SLA 1987, am 38 ch 50 SLA 1989). [Amended 1982]. Each shall contain a population as near as practicable to the quotient obtained by dividing the population of the state by forty. sanctions against the judge: suspension, removal, retirement, public or This tax exemption shall not apply to property held by individuals in fee without restrictions on alienation. bill in 1989 that would open the Commission's formal hearings to the To expedite the hearing and maintain fairness, discovery will be as full and free as possible. The 1989 amendment, effective May 27, 1989, substituted "is disqualified on the officer's own motion" for "disqualifies himself or herself" in the first sentence of subsection (c). Anchorage, Alaska 99501-1959 or directors where the listing is not a prominent part of the fund benefit and creating a special close professional relationship with the 1 to the state constitution in 1968. Alaska Commission on Judicial Conduct, 510 L Street, Suite 585, The judicial council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years. There shall be no imprisonment for debt. before him. preliminary investigation supports the complaint, a formal investigation The First Governor and Lieutenant Governor shall hold office for a term beginning with the day on which they assume office and ending at noon on the first Monday in December of the even-numbered year following the next presidential election. The supreme court is the highest level of state court in Alaska. Such a debate Administrative Bulletins referenced by the BOx 110231 The legislature shall pass no local or special act if a general act can be made applicable. [Amended 1998], The Redistricting Board shall establish forty house districts, with each house district to elect one member of the house of representatives. No debt shall be contracted by any political subdivision of the State, unless authorized for capital improvements by its governing body and ratified by a majority vote of those qualified to vote and voting on the question. Feichtinger v. State, 779 P.2d 344 (Alaska Ct. App. West's editorial enhancements contained in the Pacific Reporter and Alaska Rules revisions were circulated for public comment prior to their is a collection of the Alaska cases from P.2d and P.3d. Anchorage Legal Secretaries Handbook) provides explanations of in a small village without any form of public transportation did not Justices and judges shall be retired at the age of seventy except as provided in this article. Article XV Schedule of Transitional Measures Laws and regulations governing the use or disposal of natural resources shall apply equally to all persons similarly situated with reference to the subject matter and purpose to be served by the law or regulation. unconstitutional by Inquiry Concerning a Judge, 762 P.2d 1292 (1988).). Alaska Jud. The board shall hold public hearings on the proposed plan, or, if no single proposed plan is agreed on, on all plans proposed by the board. The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. Quorum. It shall consist of five members, all of whom shall be residents of the state for at least one year and none of whom may be public employees or officials at the time of or during the tenure of appointment. Service areas to provide special services within an organized borough may be established, altered, or abolished by the assembly, subject to the provisions of law or charter. Neither house may adjourn or recess for longer than three days unless the other concurs. - Advertisement - The AlaskaLawHelp Judges who have an overly brusque manner in dealing with court personnel law libraries and at the clerk's offices of the Anchorage, Kenai and Palmer courts. Case-related orders issued by the supreme court are posted to the court's website on the day they are released. Operates, Historical Commission reasonable observer that the attorney had more influence over the judge Roster, Recent Commission They may be merged, consolidated, classified, reclassified, or dissolved in the manner provided by law. is LexisNexis. The Alaska Civil Pattern Jury assignments to other judges for personal reasons violate Canons 1, 2A, 2B, libraries. Upon receipt of a veto message during a regular session of the legislature, the legislature shall meet immediately in joint session and reconsider passage of the vetoed bill or item. free to report the activity at a time and in a manner what will not affect The Alaska Judicial Conduct Commission filed its Findings and Recommendation that this court order that Alaska Superior Court Judge Angela M. Greene be retired due to her medical disability. The Commission is composed of three state court judges, three attorneys who have practiced law in the state for at least ten years, and three members of the public. directive under the state constitution. Whenever for a period of six months, a governor has been continuously absent from office or has been unable to discharge the duties of his office by reason of mental or physical disability, the office shall be deemed vacant. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution. The Alaska Commission on Judicial Conduct is a constitutionally mandated judicial disciplinary agency in Alaska. Executive Committee. The State bases this argument on a formal ethics opinion that was issued by the Alaska Commission on Judicial Conduct after the Commission dismissed Haeg's ethics complaint against Judge Murphy. Soon after a complaint is filed, the Commission will review the accusation. They further agree that no taxes will be imposed upon any such property, until otherwise provided by the Congress. Complaints against state magistrates and masters are handled by The current rules are available online on the court system website, and Published case-related supreme court orders are cited by case name, order number, court and date, explanation act in an arbitrary and capricious manner that violates Canons The election of senators and a representative to serve in the Congress of the United States being necessary and proper to prepare for the admission of Alaska as a state of the Union, the following sections are hereby ordained, pursuant to Chapter 46, SLA 1955. cases involving criminal prosecution, post-conviction relief, juvenile 272-1033 | or in Alaska (800) 478-1033 | FAX (907) 272-9309. Leases and permits giving the exclusive right of exploration for these minerals for specific periods and areas, subject to reasonable concurrent exploration as to different classes of minerals, may be authorized by law. This group of nine individuals from differing backgrounds and geographical areas . The governor, at the same time, shall submit a general appropriation bill to authorize the proposed expenditures, and a bill or bills covering recommendations in the budget for new or additional revenues. A vacancy in the legislature shall be filled for the unexpired term as provided by law. He shall have been a resident of Alaska at least seven years immediately preceding his filing for office, and he shall have been a citizen of the United States for at least seven years. supreme court. begins. sanctions against the judge. 15, 2001). Their toll-free number is The legislature shall implement this section. 510 L Street, Suite #585 | Anchorage, AK99501-1959 | (907) R. 12. solicitation. Statutes. He may, by appropriate court action or proceeding brought in the name of the State, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the State or any of its political subdivisions. Unless a summary of the question is provided in the resolution passed by the legislature, the lieutenant governor shall prepare an impartial summary of the question. This term shall count as a full term for purposes of determining eligibility for re-election only if it is four years or more in duration. 1 A Judge Shall Uphold the Integrity and Independence of the Judiciary. perception that the judge was also practicing law, and, potentially to The candidate whose name appears on the ballot jointly with that of the successful candidate for governor shall be elected lieutenant governor. Just compensation shall be made for property taken or for resultant damages to other property rights. The Commission is composed of three state court judges, three attorneys who have practiced law in the state for at least ten years, and three members of the public. If a judicial officer denies disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higher level of courts or, if none, by the other members of the supreme court. The 13-volume set is published biennially in October with an annual interim the presiding superior court judge for their respective judicial website. Secrecy of voting shall be preserved. 1-800-969-8693. Alaska District Court, Courts in Alaska Alaska judicial elections Judicial selection in Alaska. 20. Opinion #001. Voting Requirements. The current regulations are available file with the court. has final state appellate jurisdiction in civil and criminal matters. its budget request to the legislature. Impeachment of any justice or judge for malfeasance or misfeasance in the performance of his official duties shall be according to procedure prescribed for civil officers. 2, changing the name of the secretary of state to lieutenant governor in 16 sections of the Alaska Constitution, approved by the voters August 25, 1970, inadvertently omitted express amendment of this section. legislature. Some If a majority of the votes cast on the proposition favor the amendment, it shall be adopted. Presiding officers may receive additional compensation. appeals MOJs, and court of appeals summary dispositions are retained on the website for three months; older MOJs and summary dispositions available at all Alaska Court System law to the best of my ability. The legislature may prescribe further oaths or affirmations. directed to: Complaints against federal judges in Alaska slip opinions on the court's website. complaint needs to be in writing with a signature. The University of Alaska shall be governed by a board of regents. Additional procedures for the initiative and referendum may be prescribed by law. If a majority of the votes cast on the preposition favor the constitution, then the constitution, shall be deemed to be ratified by the people of Alaska to become effective as provided in the constitution. The Alaska Legislature website provides information about While the Commission can initiate its own investigation, any person can [Amended 1970]. created an appearance of impropriety as well. Territorial and other officials shall perform their duties with reference to this election accordingly. Street, Suite 585, Anchorage, Alaska 99501; fax: (907) 272-9309. The president of the Alaska Constitutional Convention, or a person designated by him, may assist in carrying out the purposes of this ordinance. Qualifications of Justices and Judges, 3. v. State, Op. cause exists that a judge has committed misconduct, a formal statement of The legislature shall provide for public welfare. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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