Article IV of the Alaska Constitution is entitled The Judiciary and contains sixteen sections regulating the power and services held by Alaskan justices.
Article IV defines the power vested in the judicial branch of Alaskan government, which consists of the supreme court, the superior court, and the judicial council, as well as the responsibilities, length and terms of service and size of each judicial group. Article IV also defines the qualification requirements of candidates for these positions, as well as how long each position is held, with provisions for vacancy.[1]
Amendments to Article IV
Article IV has been amended five times, the first time in 1968 and most recently in 1982.
Section 1
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Text of Section 1:
Judicial Power and Jurisdiction
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The judicial power of the State is vested in a supreme court, a superior court, and the courts established by the legislature. The jurisdiction of courts shall be prescribed by law. The courts shall constitute a unified judicial system for operation and administration. Judicial districts shall be established by law.[1][2]
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Section 2
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Text of Section 2:
Supreme Court
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:(a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. The number of justices may be increased by law upon the request of the supreme court.
- (b) The chief justice shall be selected from among the justices of the supreme court by a majority vote of the justices. His term of office as chief justice is three years. A justice may serve more than one term as chief justice but he may not serve consecutive terms in that office.[1][2]
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Amendments
Section 3
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Text of Section 3:
Superior Court
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The superior court shall be the trial court of general jurisdiction and shall consist of five judges. The number of judges may be changed by law.[1][2]
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Section 4
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Text of Section 4:
Qualifications of Justices and Judges
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Supreme court justices and superior court judges shall be citizens of the United States and of the State, licensed to practice law in the State, and possessing any additional qualifications prescribed by law. Judges of other courts shall be selected in a manner, for terms, and with qualifications prescribed by law.[1][2]
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Section 5
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Text of Section 5:
Nomination and Appointment
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The governor shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council.[1][2]
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Section 6
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Text of Section 6:
Approval or Rejection
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Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment. 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.[1][2]
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Section 7
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Text of Section 7:
Vacancy
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The office of any supreme court justice or superior court judge becomes vacant ninety days after the election at which he is rejected by a majority of those voting on the question, or for which he fails to file his declaration of candidacy to succeed himself.[1][2]
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Section 8
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Text of Section 8:
Judicial Council
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The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized state bar. Three non-attorney members shall be appointed for six-year terms by the governor subject to confirmation by a majority of the members of the legislature in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit under the United States or the State. The judicial council shall act by concurrence of four or more members and according to rules which it adopts.[1][2]
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Section 9
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Text of Section 9:
Additional Duties
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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. The judicial council shall perform other duties assigned by law.[1][2]
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Section 10
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Text of Section 10:
Commission on Judicial Conduct
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The Commission on Judicial Conduct shall consist of nine members, as follows: three persons who are justices or judges of state courts, elected by the justices and judges of state courts; three members who have practiced law in this state for ten years, appointed by the governor from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the legislature in joint session; and three persons who are not judges, retired judges, or members of the state bar, appointed by the governor and subject to confirmation by a majority of the members of the legislature in joint session. In addition to being subject to impeachment under section 12 of this article, a justice or judge may be disqualified from acting as such and may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission. The powers and duties of the commission and the bases for judicial disqualification shall be established by law.[1][2]
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Amendments
Section 11
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Text of Section 11:
Retirement
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Justices and judges shall be retired at the age of seventy except as provided in this article. The basis and amount of retirement pay shall be prescribed by law. Retired judges shall render no further service on the bench except for special assignments as provided by court rule.[1][2]
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Section 12
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Text of Section 12:
Impeachment
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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.[1][2]
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Section 13
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Text of Section 13:
Compensation
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Justices, judges, and members of the judicial council and the Commission on Judicial Qualifications shall receive compensation as prescribed by law. Compensation of justices and judges shall not be diminished during their terms of office, unless by general law applying to all salaried officers of the State.[1][2]
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Amendments
Section 14
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Text of Section 14:
Restrictions
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Supreme court justices and superior court judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the United States, the State, or its political subdivisions. Any supreme court justice or superior court judge filing for another elective public office forfeits his judicial position.[1][2]
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Section 15
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Text of Section 15:
Rule-Making Power
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The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the legislature by two-thirds vote of the members elected to each house.[1][2]
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Section 16
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Text of Section 16:
Court Administration
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The chief justice of the supreme court shall be the administrative head of all courts. He may assign judges from one court or division thereof to another for temporary service. 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.[1][2]
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Amendments
See also
External links
Additional reading
