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Portrait of Senator Loren Leman Portrait of Senator Dave Donley
Senator Loren Leman
State Capitol, Room 115
Juneau, AK 99801-1182
Phone: (907) 465-2095
Fax: (907) 465-3810
Send E-Mail

Senator Dave Donley
State Capitol, Room 508
Juneau, AK 99801-1182
Phone: (907) 465-3892
Fax: (907) 465-6595
Send E-Mail

Resolution Proposes Increased Accountability from Judiciary

For Immediate Release: March 5, 1999
Contact: Senator Loren Leman at (907) 465-2095 or
Senator Dave Donley at (907) 465-3892.

Juneau -- A proposed constitutional amendment introduced today by Senator Loren Leman (R-Anchorage) and Senator Dave Donley (R-Anchorage) will provide increased accountability from state judges and change the process for filling judicial vacancies.

"The role of the court system in Alaska government has changed in recent years, and this change has not been for the better," stated Senator Leman. "Increasingly, state judges have abandoned their constitutional role as interpreters of the law, and are instead beginning to write the law. But this is the responsibility of elected public officials, who are accountable to the people. If judges continue to act as policymakers, then we need to allow the voters and the other two branches of government to place some checks on their growing power."

Senate Joint Resolution 15 provides for more frequent retention elections of judicial officers. Supreme Court justices would appear on the ballot once every six years, instead of the current ten-year term. Likewise, superior court judges would appear on the ballot every fourth year instead of every six years. SJR 15 also changes the judicial appointment process by allowing the governor to appoint any licensed attorney in Alaska to fill judicial vacancies, instead of limiting the governor's selection to a small list of nominees approved by the attorney-dominated Alaska Judicial Council. The governor's judicial appointees would not take office until confirmed by a majority of the legislature meeting in joint session, just as the U.S. Senate confirms all Presidential appointees to the federal courts.

"This amendment will help restore the delicate balance of power between our three branches of government," commented Senator Leman. "Judges are servants of the people, similar to other government officials, and must be accountable to the people." SJR 15 will allow the governor, the legislature, and the voters to have greater input in the judicial selection process.

Senator Donley noted that the Supreme Court's Bess v. Ulmer decision last year provides a vivid example of why judicial reform is needed, "In the Bess decision, the Supreme Court denied the people of Alaska their right to vote on a constitutional amendment related to prisoners' rights, without even allowing the parties to brief the issue. This amendment was designed to correct the worst excesses of the flawed Cleary settlement, as well as several other court decisions giving convicted prisoners in Alaska special rights. With the Bess ruling, voters have been denied the opportunity to correct this court's previous flawed decisions. That sets a dangerous precedent that undermines democratic self-government in Alaska."

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