council members vote for the applicants they The Alaska Judicial Council makes the results believe are most qualified and should be of its investigations and its recommendations nominated to the governor. available on its website: www.ajc.state.ak.us. Alaska’s In addition, the Alaska Court System provides Once the Council nominates the most information on its website about each of the Constitution: highly qualified applicants, who makes judges who serve in the Alaska courts: http:// the ultimate appointments? courts.alaska.gov/ak-judges.htm. Finally, Under Alaska’s Constitution, the governor information about each judge standing for makes the ultimate appointments to fill retention is included in the State of Alaska’s Selecting judicial vacancies. Voter Pamphlet that is mailed to each registered voter in Alaska. As a result of all Judges Based Once appointed, how long do judges these efforts and the constitutional structure remain in office? of Alaska’s judicial selection and retention process, Alaskans have the opportunity and On Merit All judges must go through a retention election ability to know more within 2-3 years of appointment. During this election the public votes either “yes” or “no” How is a judicial retention election and Judicial on whether the judge should remain in office. different from a traditional popular As long as a judge continues to be retained by election? Retention the voters, they may remain on the bench until they reach the age of 70 at which time they Unlike most political candidates, judges do not have mandatory retirement under the Alaska run against anyone and are prohibited from Elections Constitution. campaigning by the Alaska Code of Judicial Conduct unless and until some person or How often do judges stand for retention? organization does something to try to convince the voters to vote for the removal of the judge Judges serve an initial term of 2-3 years, from office. depending on the court, before they stand for retention. After the initial retention election, Unlike in a political race, there is no deadline the terms of office are: for declaring an intent to oppose a judge’s retention. Combined with the ethical • District Court - 4 years restrictions on judicial campaigning, this • Superior Court - 6 years make judges vulnerable to last-minute, unfair • Court of Appeals - 8 years opposition campaigns. • Supreme Court - 10 years Judges don’t take political positions in the How do I get information regarding retention process or campaign on issues other judges who are standing for retention? than their fitness as a judge. The Alaska Judicial Council conducts surveys of different groups of court users, reviews court records, solicits public input, and holds public hearings to evaluate each judge who is standing for retention and issues a recommendation. PUB-28 (3/17) Frequently Asked Questions applicant; reviews references and letters from has 45 days after receiving the nominations to the public concerning each applicant; holds fill the vacancy. The judicial selection process What process for selecting judges did public hearings where members the public typically takes 6-8 months to complete, the authors of Alaska’s Constitution put have the opportunity to express their views on between the time a vacancy arises and the time in place? suitability of each applicant for judicial office; a new judge is appointed. and personally interviews each applicant. Alaska’s judges are selected by what is called Then, after that thorough review and careful How are candidates for judgeships the Judicial Merit Selection System. The deliberations, the Alaska Judicial Council investigated by the Council? authors of Alaska’s Constitution believed that selects two or more applicants from among it was important to have judges who were There are many steps to the council’s the most qualified applicants for the position investigation process, which include: honest, fair, impartial, intelligent, experienced and submits their names and applications in applying the law, committed to following to the Governor. The Governor then has 45 • Soliciting comments from the public the rule of law and serving the interests of days to appoint one of the recommended through the council’s website (http:// justice. Likewise, the authors believed that applicants. After each judge is appointed, at www.ajc.state.ak.us/selection/selcmnts. traditional partisan politics, with its influence regular intervals, the voters of Alaska have the html) and at public hearings (for schedule, of money, political patronage, deal-making opportunity to vote whether that judge should see http://www.ajc.state.ak.us/pubhrng. and favoritism, posed too great a threat and be allowed to remain in office or should be html); impediment to achieving the desired goal of replaced. having a judiciary composed of such fair and • Reviewing ratings and comments from surveys of thousands of Alaskans, impartial judges. That’s why the authors How does the judicial merit selection including peace and probation officers, of the constitution decided that Alaska’s system operate? judges should be chosen by the Judicial Merit court employees, attorneys, jurors, social Selection System. The people of Alaska agreed Judicial merit selection involves a very workers and child advocates; in-depth evaluation of judicial applicants with their proposal and, as a result, the Judicial • Soliciting feedback from the attorneys and conducted by the Alaska Judicial Council. Merit Selection System for selecting Alaska judges involved in an applicant’s most When a judicial vacancy occurs, a notice of state court judges was approved by Alaska’s recent cases; voters when they voted to adopt the Alaska vacancy is distributed to all Alaskan attorneys. Constitution. Interested persons must then file a detailed • Reviewing any civil or criminal litigation application with the council that lists all past involving an applicant; Under the Merit Selection System, a educational and work experience, community constitutionally authorized and required activities, and other background information. • Reviewing any disciplinary files or committee called the Alaska Judicial Council Each applicant is then investigated by proceedings concerning an applicant with carefully reviews the qualifications of every the council through a variety of methods the Alaska Bar Association or Commission applicant who applies to serve as a judge in (described below), after which each applicant on Judicial Conduct; and; a state court of Alaska. The Alaska Judicial is interviewed by the council and asked to • Reviewing ratings and observations of Council is composed of an equal number of address any concerns the investigation may independent, community-based volunteer lawyers and non-lawyers and chaired by the have raised. After all applicants for a vacancy court observers. Chief Justice of the Alaska Supreme Court. are interviewed and evaluated, council In addition to reviewing the applications members vote to select which applicants will How does the Council decide who to submitted by each applicant for a judicial be nominated to the governor. The council nominate for judgeships? position, the Alaska Judicial Council conducts must nominate at least two applicants for After investigations are completed, public a thorough background investigation of each each vacancy to be filled, and the governor hearings held, and interviews conducted,