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IIIIIIIIIIIII Al If you have issues viewing or accessing this file contact us at NCJRS.gov. ? . r -}- /' f . ;J ,',' u C.... - ' -~ ... if '~/ 1 MF-( I LJ-/9-fS -I I Twe~fth sport: 1 83-1984 I to the Leg~slature and Suprleme Court I I I I I I 109852 U.S. Department of Justice Nalionallnstitute of Justice This document has been reproduced exactly as rflceived from the person or organization originating it. Points of view or opinions stated I in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by Alaska Judicial Council I to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ I sion of the copyright owner. I al I I I al ka ju council 1031 W. Fourth Avenue. Suite 301. Anchorage. Alaska 99501 (9U7) 279-2526 EXECU11VE DIRECTOR NON-ATTORNEY MEMBERS Francis L, 8remson Mary Jane Fate I Robert H. Moss Renee Murray ATTOf'1NEY MEMBERS I James B. Bradley James D. Gilmore Barbara L. Schuhmann I CHAIRMAN. EX OFACIO Jay A. Rabinowitz Chief JustlCB I Supreme Court I -----; I TW;ELFTH REf'oRT: 1983-1984 TO THE I LEGISLATURE AND SUPRE~ffi COURT I I I March, 1985 >, I I " I I I I I I I I THE ALASKA JUDICIAL COUNCIL l1983-1984): MEMBERS & TERMS I CHAIRMEN Edmond W. Burke I Chief Justice (1981-1984) Jay A. Rabinowitz I Chief Justice (1984-1987) I ATTORNEY MEMBERS NON-ATTORNEY MEM~ERS I James B. Bradley (1981-1986) Mary Jane Fate (1981-1987) James U. Gilmore (1984-1990) John Longworth (1977-1983) Barbara Sc.huhmann (1982-1988) Robert H. Moss (1974-1985) I Joseph L. Young (1975-1984) Renee Murray (1983-1989) I I COUNCIL STAFF 1983-1984 I Francis L. Bremson, Executive Director Teresa W. Carns, Senior Staff Associate I Robert J. Walker, Research Analyst Shari1yn Mumaw, Research Analyst I Cathryn D. Wells, Research Associate Sheila R. Vonesh, Administrative Assistant I Kathryn A. Friedle, Secretary I I I I TABLE OF CONTENTS I Page I PART I - INTRODUCTION . 1 I PART II - JUDICIAL SELECTION & RETENTION. 4 PART III - RESEARCH & RECOM~ffiNDATIONS . 10 I APPENDICES: Appendix I A. Index of Current Law Relating to the Alaska Judicial Council A-l.l I B. Historical Roster of Judicial Council Members. .. B-1.l I C. Bylaws of the Alaska Judicial Council .... C-l.l D. Committees of the Alaska Judicial Council. D-1.1 I E. Historical Log of Judicial Appointments .. B-1.l F. Judicial Selection Procedures. ....... F-l.l G. Retention Evaluation Program . G-1.1 I H. 1984 Retention Consultant Committee Members. H-1.1 I. Nonrespondent Study ........•.... 1-1.1 I J. Retention Election Vote Analysis . J-1.l K. Retention Log ........... K-1.1 I L. Council Recommendations 1959 - 1984. L~1.l M. Bibliography of Judicial Council Publications .. M-l.l I N. Fish & Game Sentences: Recommendations .... N-l.1 o. Alaska Misdemeanor Sentences: 1981 ...... 0-1.1 P. DWI Sentences: 1981 ........... P-1.l I Q. Recommendations to The Governor's Task For.ce on Drunk Driving ..... Q-1.1 I R. Technical Assistance Log . • • . R-1.1 S. Judicial Council in Case I Law & Opinion. S-1.1 I I - I I PART I I INTRODUCTION I A. The Twelfth Report: The First Twenty-Five Years This is the Twelfth Keport to the Supreme Court and I Legislature published by the Judicial Council in the 25 years since s ta tehood. In addi tion to a review 0 f judicial I selection, retention evaluation, and Council research conducted during 1983 and 1984, the report also includes a series of I special appendices summarlzlng Council activities conducted over the past 25 years, including: a roster of Council members I 1959 - 1984 (Appendix B); a log of all judicial nominations and appointments since statehood (Appendix E); a list of all major recommendations issued by the Council (Appendix L); and indices I of statutory (Appendix A) and case law references lAppendix S) I to the Council and its research over this period. B. Establishment of the Judicial Council I Delegates to Alaska's Constitutional Convention I established the Judicial Council for two purposes: to nominate candidates for supreme and superior court judgeships, and to conduct studies to improve the administration of justice. The I legislature has since expanded the scope of Council activity to include nomination of court of appeals and district court I judges and candidates for the state public defender's office, as well as evaluation of judicial performance of all judges and I justices for retention election purposes. (Appendix A provides consti tutional and statutory references to all mandated I Judicial Council functions.) I I I -1- C. Council Membership I Article IV, Section 8 ot Alaska's Constitution I establishes the membership of the Council as three non-attorney members appointed by the Governor, three attorney members I appointed by the Board of Governors of the Alaska Bar Association, and the Chi ef Justice of the Supreme Court of I Alaska who serves, ~ officio~ as Chai.r.man. The Constitution provides that all appointments shall be mace "with aue I consideration to area representation ana without regard to political affiliation." Non-attorney member appoincments are subject to confirmation by a majority of both houses of the I legislature, while attorney members are appointed by the Board of Governors ot the Alaska Bar Association following advisory I elections co~ducted among bar members within local judicial districts. Members are appointed for six-year staggered terms. I The Council's membership changed significantly during 1983 and 1984. In 1983, Renee Murray was appointed by Governor I Bill Sheffield to fill the seat vacated by John Longworth. James Gilmore was appointed by the Bar Association in 1984 to I succeed attorney member Joseph L. Young. Jay A. Rabinowitz was elected Chief Justice in 1984, for the third time. Append.ix B I contains an historical log of the Council's membership since statehood. I U. Organization & Administration of the Council I Guide15nes for conducting Council functions are contained in a set of bylaws, which were initially aiopted in I 1959 and have been reviewed and modified by Councils since that time. In 1983, the Council completed its first major revision I in ten years. These revisions updated the: Counci l' s policies on judicial selection and retention election evaluations; I I -2- I I I established guiaelines for Council research; and resolved a number of administrative ana procedural issues which haa arisen I in recent years regarding voting, public meetings, ana public record requirements (Attached as Appendix C is a copy of the I Council's current bylaws as revised in ~ay, 1983.) I The bylaws establish four Council Committees: Finance, Audit & Administration, Selection & Retention, Programs & Research, and Legislation (Appendix D). Each ~ Council member serves on two Commi ttees, as assigned by the Chairman. This Committee structure enables each Council member I to participate more fully in the diverse projects undertaken by e the Council. Judicial Council activities are primarily funaed by the Legislature from the General Funa; however, the Council is I eligible to receive grants from other sources ana has conauctea much of its past research under grants from the federal I government. Prior to 1973, T:he Judicial Council was staffea ei ther by the Court System or by con tract. Since tha t time, I the Council has maintained its own internal staff. The Council's staff currently includes an executive director, I senior staff associate, research associate, administrative assistant and secretary. Additional temporary staff are employed from time to time as required for major research I projects. I I I I I I -3- I I ,PAlZT II I JUDICIAL SELECTION & KETENTION 1983 - 1984 i A. Judicial Selection Sixteen judicial positions were filled during 1983 and I 1984, the largest number of vacancies to be filled since 1967-1968. Three new superior court seats (one in Valdez, two I in Anchorage) and two new district court posi tions (both in Anchorage) were created by the 13th Legislature. The remaining I eleven vacancies occurred as a result of retirements, resignations and non-retention of two judges in the 1982 general elections. (Appendix E provides a log of all judicial I appointments since statehood, including names of applicants and nominees. ) The Council met in Anchorage on February 15-16, 1983 I to nominate candidates for three District Court seats, two in Anchorage and one in Ketchikan. Natalie Finn and William Fula I were subsequently appointed by Governor Sheffield to Anchorage vacancies that arose from the non-retention of Judges Brewer and Vochoska in the 1982 general elections. George Gucker was I appointed by the Governor to the Ketchikan Uistrict Court following Judge Keene's appointment to the Superior Court in I Wrangell. I On lvlay 26, 1983, the Council nominated candidates for the Supreme Court seat which opened when Justice Roger Connor I retired in 1983. Judge Daniel A. Moore, Jr. of the Anchorage Superior Court was appointed by Governor Sheffield to this seat. The Superior Court vacancy created by his appointment I was filled by the Governor on January 11, 1984 with the I appointment of Karen Hunt. I I -4- - I The Council met on May 16, 1984 in Juneau to nominate I candidates for the Juneau District Court seat left open by the res i gn at i on 0 f J u d g e Gera 1 dO.
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