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Sponsor Statement for SB 161
No Pay for Judges Until Decision

An Act relating to the withholding of salary of justices, judges, and magistrates; relating to requiring prompt decisions by justices, judges, and magistrates; and relating to judicial retention elections for judicial officers.

SB 161 amends AS 22.05.140(b), AS 22.07.090(b), AS 22.10.190(b) and AS 22.15.220(c) to require judges to make decisions within four months instead of six months. It also requires Appellate Courts to make decisions within eight months. Additionally, it requires information to be published in the State Voter's Guide regarding the failure of any judge or justice to meet these time requirements.

Currently, under AS 22.05.140(b), AS 22.07.090(b), AS 22.10.190(b) and AS 22.15.220(c), judicial officers are required to file an affidavit that no case or matter has been uncompleted or undecided for a period of more than six months in order to receive their salary. SB 161 would require cases to be completed within four months for justice and judges to receive their salary. At the Appellate Court level, the time frame would be extended an additional four months for final decisions by the entire Court of Appeals or Supreme Court. The election pamphlet would be required to explain the procedure and indicate any judicial officer not issued one or more salary warrants.

The withholding of salary warrants is designed to ensure that justices and judges produce their decisions in a timely manner. Other states have similar laws. Unfortunately, there are Alaska Supreme Court cases that have been pending for over two years. The parties in these cases have completed their oral arguments and/or filing of the documents required and are simply waiting for the Supreme Court to make their decision. Justice delayed is truly justice denied.

This information is critical when voters are making decisions regarding the retention of judges. The public should be made aware of those justices and judges who are consistently late in making their decisions.

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