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Alaska Judicial Council 1029 W If you have issues viewing or accessing this file contact us at NCJRS.gov. .. " ...-- -- ' --w_ ---=- ... ,.-.~-. ~ ~- -.. ~ . =11 • • • !!I -- -. - '..1' -=. - ., I ~ = ., • ~ I • ~ =- ~: .,. I ~- f!.., • -- - • - • .. \ 130yl// alaska judicial council 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501-1917 (907) 279-2526 FAX (907) 276-5046 NON-ATIORNEY MEMBERS EXECUTIVE DIRECTOR Hilbert J. Henrickson, M.D. William T. Cotton Leona Okakok Janis G. Roller ATIORNEY MEMBERS Mark E. Ashburn Daniel L. Callahan William T. Council CHAIRMAN, EX OFFICIO Jay A. Rabinowitz Chief Justice Supreme Court Message From the Executive Director We are pleased to present the Alaska Judicial Council's Fifteenth Report to the Legislature and Supreme Court for the years 1989 and 1990. The Council reports biennially on its dual constitutional responsibilities of nominating candidates for judicial vacancies and of making reports and recommendations to the supreme court and legislature. The report also covers the statutory mandate to evaluate judges standing for retention and nominations for the Public Defender. This report includes a brief narrative section that summarizes Council activities during 1989 and 1990, and a series of appendices. The appendices include a current listing of statutory and constitutional law affecting the Judicial Council, a log of judicial applicants, nominees and appointees, a log of all sitting judges and their retention election dates, and summaries of Council procedures for judicial selection and retention evaluation. Summaries of the Council's major reports during 1989 and 1990 also are included as appendices. The Judicial Council welcomes your comments and questions about this report. Very truly yours, ~/~ William T. Cotton Executive Director 130441 U.S. Department of Justice Natiol1311nstltute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated 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 gral}le-p by ~aska Judicial Council to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. Fifteenth Report: 1989-1990 To The Legislature and Supreme Court April 1991 The Alaska Judicial Council (1989-1990): Members and Terms CHAIRPERSON Jay A. Rabinowitz Chief Justice (1990-1993) Warren W. Matthews Chief Justice (1987-1990) AlTORNEY MEMBERS NON-AlTORNEY MEMBERS DanielL. Callahan (1988-1994) Hilbert J. Henrickson, M.D. (1985-1991) William T. Council (1986-1992) Leona Okakok (1987-1993) Mark E. Ashburn (1990-1996) Janis G. Roller (1989-1991) James D. Gilmore (1984-1990) Renee Murray (1983-1989) COUNCIL STAFF 1989-1990 William T. Cotton, Present Executive Director Harold M. Brown, Past Executive Director Teresa W. Carns, Senior Staff Associate Susanne D. Di Pietro, Staff Attorney Marla N. Greenstein, Past Senior Staff Attorney Josefa M. Zywna, Administrative Assistant Judy Whittaker, Mediation Project Secretary Judicial Council Membership, 1990 Members, left to right (standing) Dr. Hilbert J. Henrickson, Leona Okakok, DanielL. Callahan, Janis Roller Chief Justice Warren W. Matthews, Mark E. Ashburn, William T. Council (seated) Susanne D. Di Pietro (Staff Attorney), Teresa W. Carns (Senior Staff Associate), William T. Cotton (Executive Director) ---------- Table of Contents PART I: INTRODUCTION A. Purposes of the Judicial Council .. .. 1 B. Council Mem1>ership .... " . .. 2 C. Organization and Administration of the Council ...................... 2 PART II: JUDICIAL SELECTION AND EVALUATION 1989-1990 A. Judicial Selection . .. .. 4 B. Judicial Selection Procedures .... , . .. 5 C. Evaluation of Judges . .. 5 1. Retention Evaluation of Judges . .. 5 2. Performance Evaluation of Pro Tern Judges .................... 7 PART III: REPORTS AND RECOMMENDATIONS A. Introduction. .. 8 B. Major Reports, 1989 and 1990 .................................... 8 1. Alaska's Plea Bargaining Ban Re-evaluated ..................... 8 2. Appellate Sentence Review in Alaska. .. 10 3. Rural Justice Bibliography. .. 10 4. Alaska Bar Membership Survey ............................ 11 C. Status of Earlier Council Recommendations ........................ 12 D. Work in Progress ............................................ 12 1. Child Visitation Mediation ................................ 12 2. Alaska Sentencing Commission ............................ 13 3. R'Ural Justice .. .. 14 E. Administration. .. 14 1. Committee Participation .. .. 14 2. Technical Assistance . .. 15 Table of Contents (Continued) 3. Legislative Liaison ...................................... 15 4. Staff Changes .......................................... 16 Appendix A - Catalogue of Current Law Relating to the Alaska Judicial Council. .. A-I Appendix B - Judicial Council Membership ............................. B-1 Appendix C - Bylaws of the Alaska Judicial Council ...................... C-l Appendix D - Judicial Selection Procedures. .. D-l Appendix E - Current Bar Survey Form for Judicial Selection ............... E-l Appendix F - Judicial Appointment Log ............................... F-l Appendix G - Retention Evaluation Procedures. .. G-l Appendix H - Retention Log of Judges ............................... H-l Appendix I - Summary of Programs and Recommendations of the Council Since Statehood: 1959-1990 .................................. I-I Appendix J - Council Publications Since Statehood ...................... J-l Appendix K - Findings and Recommendations of the Council's Plea Bargaining Study ...................................... K-l Appendix L - Executive Summary of the Council's Bar Membership Study ..... L-l Appendix M - Rural Justice Bibliography (Introduction and. Sample Pages) .... M-l Appendix N - Summary of the Council's Report on Appellate Sentence Review in Alaska ........................................... N-l Appendix 0 - Alaska Child Visitation Mediation Pilot Project Handbook ..... 0-1 Appendix P - Executive Summary of the 1990 Alaska Sentencing Commission Report . P-l Part I Introduction 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 is the Judicial Council's Fifteenth Report to the legislature and the supreme court since statehood. It summarizes the Council's activities in 1989 and 1990 in judicial selection and evaluation and in research. The report includes appendices that describe the Council's membership (Appendix B), judicial selection procedures (Appendix D), retention election evalualion procedures (Appendix G), and judicial nominations and appointments since statehood (Appendix F). Executive summaries or excerpts from the major reports published by the Council are also included as Appendices K through P. A. Purposes of the Judicial Council Delegates to Alaska's Constitutional Convention created the Judicial Council for two purposes: to nominate candidates for supreme and superior court judgeships, and to conduct studies and recommend improvements in the administration of justice. The legislature has since expanded the scope of Council activity to include nomination of court of appeals and district court judges and candidates for the state public defender's office, as well as evaluation of judicial performance of all judges and justices for retention election purposes. The supreme court, by court rule, has requested that the Council assume varied responsibilities, including evaluation of pro tern judges and monitoring or evaluation of several experimental court programs. Appendix A provides constitutional and statutory references to all mandated Judicial Council functions. - 1 - 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, ~ officio, as Chairperson. The Constitution provides that all appointments shall be made "with due consideration to area representation and without regard to political affiliation." Non-attorney member appointments are subject to confirmation by a majority of both houses of the legislature, while attorney members are appointed by the Board of Governors of the Alaska Bar Association following advisory elections conducted among bar members within local judicial districts. Members are appointed for six-year staggered terms. New members of the Council are Janis Roller of Anchorage, Dan Callahan of Fairbanks, and Mark Ashburn of Anchorage. Ms. Roller was appointed by Governor Cowper to fill the non-attorney seat vacated by Renee Murray of Anchorage. Ms. Roller resigned from the Council in February, 1991. Mr. Callahan was appointed by the Board of Governors to replace attorney Barbara Schuhmann of Fairbanks. Mr. Ashburn was appointed by the Board of Governors to replace attorney James Gilmore of Anchorage. 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"
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