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Twenty-Third Report to the Legislature and Supreme Court Alaska Judicial Council 2005-2006

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Twenty-Third Report to the Legislature and Supreme Court Alaska Judicial Council 2005-2006 Twenty-Third Report: 2005-2006 to the Legislature and Supreme Court January 2007 The Alaska Judicial Council (2005-2006) Members and Terms Chairperson Chief Justice Dana Fabe (2006-2009) Chief Justice Alexander O. Bryner (2003-2006) Attorney Members Non-Attorney Members Douglas Baily (2004-2010) Eleanor Andrews (2000-2007) James H. Cannon (2006-2012) Bill Gordon (2003-2009) Robert B. Groseclose (2000-2006) Gigi Pilcher (2000-2005) Susan Orlansky (2002-2008) Christena Williams (2005-2011) Council Staff Larry Cohn, Executive Director Teresa W. Carns, Senior Staff Associate Susie Mason Dosik, Project Coordinator E.J. Pavsek, Fiscal Officer Susan McKelvie, Research Analyst Emily R. Marrs, Executive Secretary Kathy Grabowski, Selection and Retention Assistant Deliberately left blank i Judicial Council Membership 2006 Members and staff, left to right (standing) Susan Orlansky, Chief Justice Dana Fabe, Eleanor Andrews, Bill Gordon, James Cannon (seated) Teresa W. Carns (Senior Staff Associate), Christena Williams, Douglas Baily, Larry Cohn (Executive Director) Deliberately left blank Table of Contents Page Part I: Introduction A. Judicial Council Duties .................................................... 1 B. Council Membership .......................................................2 C. Organization and Administration of the Council .................................2 Part II: Judicial Selection and Evaluation 2003-2004 A. Judicial Selection .........................................................5 1. Nominations.........................................................5 2. Selection Procedures ..................................................6 B. Evaluation of Judges .......................................................6 1. Retention Election Evaluations..........................................6 2. Performance Evaluation of Pro Tem Judges and Other Judicial Officers ..........7 Part III: Reports and Recommendations A. Introduction .............................................................13 1. Evaluation of Three Therapeutic Courts (April 2005) .......................13 2. Court Innovations in Domestic Violence Cases: Evaluation Report and Executive Summary (August 2005) ...................13 3. Therapeutic Justice Statewide Database (September 2006) ...................14 Part IV - Current Judicial Council Projects A. Council Projects .........................................................17 1. Recidivism Report...................................................17 2. Therapeutic Justice Evaluation Follow-up ................................17 3. Wellness Court Evaluation ............................................18 4. Civil Case Data .....................................................18 5. Report on New Sentencing Legislation...................................18 B. Commissions, Boards and Committee Service..................................18 1. Supreme Court Fairness and Access Implementation Committee ...............18 2. Judicial Education Committees.........................................19 3. MAJIC Committee ...................................................19 4. Other Interagency Work ..............................................19 i Table of Contents (Continued) Appendices Page Appendix A - Catalogue of Current Law Relating to the Alaska Judicial Council ......... A-1 Appendix B - Judicial Council Membership .......................................B-1 Appendix C - Bylaws of the Alaska Judicial Council ................................C-1 Appendix D - Judicial Selection Procedures...................................... D-1 Appendix E - Judicial Appointment Log ..........................................E-1 Appendix F - Retention Evaluation Procedures ....................................F-1 Appendix G - Retention Election History for Judges Currently Serving on the Bench ..... G-1 Appendix H - Summary of Programs and Recommendations of the Council Since Statehood: 1959-2006 ................................................................ H-1 Appendix I - Council Publications Since Statehood ................................. I-1 ii Part I Introduction Deliberately left blank Part I Introduction Alaska's Constitution established the Alaska Judicial Council and required it to "make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years" (Article IV, Section 9). This twenty-third report to the legislature and the supreme court summarizes the Council's activities in 2005 and 2006 in judicial selection and evaluation, and in research. Appendices to the report describe the Council's membership (Appendix B), bylaws (Appendix C), judicial selection procedures (Appendix D), judicial nominations and appointments since statehood (Appendix E), retention election evaluation procedures and a 2006 retention vote analysis (Appendix F), a retention election history for judges currently serving on the bench (Appendix G), a list of major Council recommendations since statehood (Appendix H), and a list of the Council’s reports since statehood (Appendix I). A. Judicial Council Duties The Judicial Council has constitutional and statutory duties in three general areas. First, the Council screens applicants for judicial vacancies and nominates the most qualified applicants to the governor for appointment. The legislature also has assigned to the Council the responsibility of screening applicants for the head of the Public Defender Agency. Second, the Council by law must evaluate the performance of judges who are to appear on the ballot, and must make performance information and recommendations available to voters. The supreme court has asked the Council to conduct similar evaluations of retired judges sitting pro tem, and of masters and magistrates. Third, the Alaska Constitution directs the Judicial Council to conduct studies and make recommendations to improve the administration of justice in Alaska. The legislature has assigned the Council specific projects from time to time such as the collection of civil case data, and the evaluation of therapeutic courts. The Alaska Supreme Court and/or the Alaska Court System have requested the Council to conduct other projects such as the Council’s evaluation of disparities in Alaska’s felony process and its evaluation of changes in the processing of domestic violence cases. Appendix A gives constitutional and statutory references to all mandated Judicial Council functions. Page 1 Twenty-Third Report to the Legislature and Supreme Court Alaska Judicial Council 2005-2006 B. Council Membership Article IV, Section 8 of Alaska's Constitution establishes the membership of the Council as three non-attorney members appointed by the Governor, three attorney members appointed by the Board of Governors of the Alaska Bar Association, and the Chief Justice of the Supreme Court of Alaska who serves, ex officio, as Chairperson. The Constitution provides that all appointments shall be made "with due consideration to area representation and without regard to political affiliation." A majority of both houses of the legislature must confirm the non-attorney appointments, while the Board of Governors of the Alaska Bar Association appoints the attorney members after conducting advisory elections among Bar members within local judicial districts. Members serve six-year staggered terms. Since the last report, two new members have joined the Council. Governor Murkowski appointed Christena Williams of Ketchikan to replace Gigi Pilcher as a non-attorney member. The Alaska Bar Association Board of Governors named James Cannon of Fairbanks to replace attorney Robert Groseclose. Appendix B lists all Council members since statehood. C. Organization and Administration of the Council The Judicial Council is governed by bylaws adopted in concurrence with the constitutional provision that the Council shall act ". according to rules which it adopts" (Article IV, Section 8). The Council revised its bylaws since its last report. The current bylaws are in Appendix C and on the Council’s website at www.ajc.state.ak.us. The legislature funds most Council activities from the general fund. The Council received funds in 2005 and 2006 from the Alaska Court System and the Alaska Department of Health and Social Services to carry out some of its projects. The Council also received National Institute of Justice funding through the University of Alaska Anchorage. The Judicial Council's staff currently includes the executive director, senior staff associate, project coordinator, fiscal officer, research analyst, selection and retention assistant, and executive secretary. Additional temporary staff work as needed. Page 2 Part II Judicial Selection and Evaluation Deliberately left blank Part II Judicial Selection and Evaluation 2005-2006 A. Judicial Selection 1. Nominations The Council nominated applicants for eight superior court vacancies in 2005 and 2006. Judge Richard D. Savell retired from the Fairbanks Superior Court. On April 20, 2005, Governor Frank Murkowski appointed Robert B. Downes to replace him. Two vacancies were created on the Anchorage Superior Court by the retirements of Judges Dan A. Hensley and Larry D. Card. On November 30, 2005, Governor Murkowski appointed Eric A. Aarseth and Patrick J. McKay to the positions. Judge Charles R. Pengilly retired from the Fairbanks Superior Court. On March 10, 2006, Governor Murkowski appointed Douglas L. Blankenship to the position. The legislature created two new superior court positions in Anchorage and two new superior court positions
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