Sponsor Statement for HJR 47

Relating to Legislative Confirmation of Appointees to the Supreme Court, Court of Appeals and the Judicial Council

HJR 47 provides for the legislative confirmation of judges appointed to Alaska's Supreme Court and the Court of Appeals. It also provides for legislative confirmation of all members of the Judicial Council.

The Supreme Court was created in Alaska's constitution and therefore a constitutional amendment is necessary to change the process for selection of Supreme Court Justices.

Presently, the constitution says, at Article 4, Section 5:

"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."

The Court of Appeals was established by statute, A.S. 22.07. It is a court of record with appellate jurisdiction in actions commenced in the superior court.

A.S. 22.07.70 says,

"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 nomination from the judicial council, by appointing one of two or more persons nominated by the council for each actual or impending vacancy."

HJR 47 is crafted to apply to appointments to both the Supreme Court and the Court of Appeals. It does so by adding constitutional language referencing courts of record with appellate jurisdiction that are established by the legislature, and, requiring all such appointments to be presented for legislative confirmation.

An additional feature of the HJR 47 is that also requires confirmation of all members of the Judicial Council. This council is also created in the constitution at Article 4, Section 8. It provides that three public members appointed by the governor shall be confirmed by the legislature. However, it also provides that three attorney members appointed by the Alaska Bar Association do not have to be confirmed. HJR 47 requires all members of the Council to be confirmed by the legislature.

The motivation for the constitutional amendment is to include the public in the process of appointing judges. The public has less input into the judicial branch of government than in either the executive or legislative branches. These other branches have elections and compulsory public input in their decision making processes. Even the governor's cabinet appointees are subject to legislative confirmation. By providing for legislative confirmation of judges, the public will be able to participate in confirmation hearings. Judicial candidates will be able to present their philosophical approach to juris prudence. The public will have a voice in their selection.