Difference between revisions of "Article IV, Alaska Constitution"

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{{AKConstitution}}{{TOCnestright}}'''Article IV''' of the [[Alaska Constitution]] is entitled '''The Judiciary''' and contains sixteen sections regulating the power and services held by Alaskan justices.
 
{{AKConstitution}}{{TOCnestright}}'''Article IV''' of the [[Alaska Constitution]] is entitled '''The Judiciary''' and contains sixteen sections regulating the power and services held by Alaskan justices.
  
Article IV defines the power vested in the judicial branch of Alaskan government, which consists of the supreme court, the superior court, and the judicial council, as well as the responsibilities, length and terms of service, and size of each judicial group. For example, the supreme court consists of three judges, one of whom presides as chief justice, the superior court consists of five judges, which is subject to change according to law, and the judicial council consisting of seven members. Article IV also defines the qualification requirements of candidates for these positions, as well as how long each position is held, with provisions for vacancy.  
+
Article IV defines the power vested in the judicial branch of Alaskan government, which consists of the supreme court, the superior court, and the judicial council, as well as the responsibilities, length and terms of service and size of each judicial group. Article IV also defines the qualification requirements of candidates for these positions, as well as how long each position is held, with provisions for vacancy.<ref name="AK">[http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html ''Office of the Lt. Governor of Alaska'', "The Constitution of the State of Alaska", accessed March 26, 2014]</ref>
 +
 
 +
==Amendments to Article IV==
  
 
Article IV has been amended five times, the first time in 1968 and most recently in 1982.
 
Article IV has been amended five times, the first time in 1968 and most recently in 1982.
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'''Judicial Power and Jurisdiction'''
 
'''Judicial Power and Jurisdiction'''
  
The judicial power of the State is vested in a supreme court, a superior court, and the courts established by the legislature. The jurisdiction of courts shall be prescribed by law. The courts shall constitute a unified judicial system for operation and administration. Judicial districts shall be established by law.
+
{{quote|The judicial power of the State is vested in a supreme court, a superior court, and the courts established by the legislature. The jurisdiction of courts shall be prescribed by law. The courts shall constitute a unified judicial system for operation and administration. Judicial districts shall be established by law.<ref name="AK"/>}}
  
 
|}
 
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'''Supreme Court'''
 
'''Supreme Court'''
  
:(a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. The number of justices may be increased by law upon the request of the supreme court.
+
{{quote|:(a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. The number of justices may be increased by law upon the request of the supreme court.
  
:(b) The chief justice shall be selected from among the justices of the supreme court by a majority vote of the justices. His term of office as chief justice is three years. A justice may serve more than one term as chief justice but he may not serve consecutive terms in that office.
+
:(b) The chief justice shall be selected from among the justices of the supreme court by a majority vote of the justices. His term of office as chief justice is three years. A justice may serve more than one term as chief justice but he may not serve consecutive terms in that office.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Superior Court'''
 
'''Superior Court'''
  
The superior court shall be the trial court of general jurisdiction and shall consist of five judges. The number of judges may be changed by law.
+
{{quote|The superior court shall be the trial court of general jurisdiction and shall consist of five judges. The number of judges may be changed by law.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Qualifications of Justices and Judges'''
 
'''Qualifications of Justices and Judges'''
  
Supreme court justices and superior court judges shall be citizens of the United States and of the State, licensed to practice law in the State, and possessing any additional qualifications prescribed by law. Judges of other courts shall be selected in a manner, for terms, and with qualifications prescribed by law.
+
{{quote|Supreme court justices and superior court judges shall be citizens of the United States and of the State, licensed to practice law in the State, and possessing any additional qualifications prescribed by law. Judges of other courts shall be selected in a manner, for terms, and with qualifications prescribed by law.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Nomination and Appointment'''
 
'''Nomination and Appointment'''
  
The governor shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council.
+
{{quote|The governor shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Approval or Rejection'''
 
'''Approval or Rejection'''
  
Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year.
+
{{quote|Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Vacancy'''
 
'''Vacancy'''
  
The office of any supreme court justice or superior court judge becomes vacant ninety days after the election at which he is rejected by a majority of those voting on the question, or for which he fails to file his declaration of candidacy to succeed himself.
+
{{quote|The office of any supreme court justice or superior court judge becomes vacant ninety days after the election at which he is rejected by a majority of those voting on the question, or for which he fails to file his declaration of candidacy to succeed himself.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Judicial Council'''
 
'''Judicial Council'''
  
The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized state bar. Three non-attorney members shall be appointed for six-year terms by the governor subject to confirmation by a majority of the members of the legislature in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit under the United States or the State. The judicial council shall act by concurrence of four or more members and according to rules which it adopts.
+
{{quote|The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized state bar. Three non-attorney members shall be appointed for six-year terms by the governor subject to confirmation by a majority of the members of the legislature in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit under the United States or the State. The judicial council shall act by concurrence of four or more members and according to rules which it adopts.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Additional Duties'''
 
'''Additional Duties'''
  
The judicial council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years. The judicial council shall perform other duties assigned by law.
+
{{quote|The judicial council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years. The judicial council shall perform other duties assigned by law.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Commission on Judicial Conduct'''
 
'''Commission on Judicial Conduct'''
  
The Commission on Judicial Conduct shall consist of nine members, as follows: three persons who are justices or judges of state courts, elected by the justices and judges of state courts; three members who have practiced law in this state for ten years, appointed by the governor from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the legislature in joint session; and three persons who are not judges, retired judges, or members of the state bar, appointed by the governor and subject to confirmation by a majority of the members of the legislature in joint session. In addition to being subject to impeachment under section 12 of this article, a justice or judge may be disqualified from acting as such and may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission. The powers and duties of the commission and the bases for judicial disqualification shall be established by law.
+
{{quote|The Commission on Judicial Conduct shall consist of nine members, as follows: three persons who are justices or judges of state courts, elected by the justices and judges of state courts; three members who have practiced law in this state for ten years, appointed by the governor from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the legislature in joint session; and three persons who are not judges, retired judges, or members of the state bar, appointed by the governor and subject to confirmation by a majority of the members of the legislature in joint session. In addition to being subject to impeachment under section 12 of this article, a justice or judge may be disqualified from acting as such and may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission. The powers and duties of the commission and the bases for judicial disqualification shall be established by law.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Retirement'''
 
'''Retirement'''
  
Justices and judges shall be retired at the age of seventy except as provided in this article. The basis and amount of retirement pay shall be prescribed by law. Retired judges shall render no further service on the bench except for special assignments as provided by court rule.
+
{{quote|Justices and judges shall be retired at the age of seventy except as provided in this article. The basis and amount of retirement pay shall be prescribed by law. Retired judges shall render no further service on the bench except for special assignments as provided by court rule.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Impeachment'''
 
'''Impeachment'''
  
Impeachment of any justice or judge for malfeasance or misfeasance in the performance of his official duties shall be according to procedure prescribed for civil officers.
+
{{quote|Impeachment of any justice or judge for malfeasance or misfeasance in the performance of his official duties shall be according to procedure prescribed for civil officers.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Compensation'''
 
'''Compensation'''
  
Justices, judges, and members of the judicial council and the Commission on Judicial Qualifications shall receive compensation as prescribed by law. Compensation of justices and judges shall not be diminished during their terms of office, unless by general law applying to all salaried officers of the State.
+
{{quote|Justices, judges, and members of the judicial council and the Commission on Judicial Qualifications shall receive compensation as prescribed by law. Compensation of justices and judges shall not be diminished during their terms of office, unless by general law applying to all salaried officers of the State.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Restrictions'''
 
'''Restrictions'''
  
Supreme court justices and superior court judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the United States, the State, or its political subdivisions. Any supreme court justice or superior court judge filing for another elective public office forfeits his judicial position.
+
{{quote|Supreme court justices and superior court judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the United States, the State, or its political subdivisions. Any supreme court justice or superior court judge filing for another elective public office forfeits his judicial position.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Rule-Making Power'''
 
'''Rule-Making Power'''
  
The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the legislature by two-thirds vote of the members elected to each house.
+
{{quote|The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the legislature by two-thirds vote of the members elected to each house.<ref name="AK"/>}}
  
 
|}
 
|}
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'''Court Administration'''
 
'''Court Administration'''
  
The chief justice of the supreme court shall be the administrative head of all courts. He may assign judges from one court or division thereof to another for temporary service. The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system.
+
{{quote|The chief justice of the supreme court shall be the administrative head of all courts. He may assign judges from one court or division thereof to another for temporary service. The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system.<ref name="AK"/>}}
  
 
|}
 
|}
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* [[Alaska Term of Office Judicial System Administrator (1970)]]
 
* [[Alaska Term of Office Judicial System Administrator (1970)]]
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==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution/article-iv-96A0the-judiciary.html Alaska Constitution, Article IV]
+
{{submit a link}}
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* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html The Constitution of the State of Alaska]
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* [http://w3.legis.state.ak.us/docs/pdf/citizens_guide.pdf The Alaska Constitution: A Citizen's Guide]
 +
* [https://www.alaska.edu/creatingalaska/constitutional-convention/ Creating Alaska: The Constitutional Convention]
 +
 
 +
==Additional reading==
 +
*[http://books.google.com/books?id=fFOv5d3Mbf4C&printsec=frontcover&dq=The+Constitutionalism+of+American+States&hl=en&sa=X&ei=GQIFU__0J8PmyQGSiYHwDg&ved=0CCsQ6AEwAA#v=onepage&q=The%20Constitutionalism%20of%20American%20States&f=false Connor, George E. Connor, and Christopher W. Hammons (2008). ''The Constitutionalism of American States.'' Columbia, Missouri: University of Missouri Press.]
 +
*[http://ukcatalogue.oup.com/product/9780199778294.do McBeath, Gerald A. (2011). ''The Alaska State Constitution.'' New York, New York: Oxford University Press.]
 +
 
 +
==References==
 +
{{Reflist}}
  
 
{{Alaska Constitution}}
 
{{Alaska Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{Alaska}}
 
{{Alaska}}
 +
[[Category:Alaska Constitution]]

Latest revision as of 13:00, 1 April 2014

Alaska Constitution
Seal of Alaska.jpg
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Ordinances
123
Amendments
Article IV of the Alaska Constitution is entitled The Judiciary and contains sixteen sections regulating the power and services held by Alaskan justices.

Article IV defines the power vested in the judicial branch of Alaskan government, which consists of the supreme court, the superior court, and the judicial council, as well as the responsibilities, length and terms of service and size of each judicial group. Article IV also defines the qualification requirements of candidates for these positions, as well as how long each position is held, with provisions for vacancy.[1]

Amendments to Article IV

Article IV has been amended five times, the first time in 1968 and most recently in 1982.

Section 1

Text of Section 1:

Judicial Power and Jurisdiction

The judicial power of the State is vested in a supreme court, a superior court, and the courts established by the legislature. The jurisdiction of courts shall be prescribed by law. The courts shall constitute a unified judicial system for operation and administration. Judicial districts shall be established by law.[1][2]

Section 2

Text of Section 2:

Supreme Court

:(a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. The number of justices may be increased by law upon the request of the supreme court.
(b) The chief justice shall be selected from among the justices of the supreme court by a majority vote of the justices. His term of office as chief justice is three years. A justice may serve more than one term as chief justice but he may not serve consecutive terms in that office.[1][2]

Amendments

Section 3

Text of Section 3:

Superior Court

The superior court shall be the trial court of general jurisdiction and shall consist of five judges. The number of judges may be changed by law.[1][2]

Section 4

Text of Section 4:

Qualifications of Justices and Judges

Supreme court justices and superior court judges shall be citizens of the United States and of the State, licensed to practice law in the State, and possessing any additional qualifications prescribed by law. Judges of other courts shall be selected in a manner, for terms, and with qualifications prescribed by law.[1][2]

Section 5

Text of Section 5:

Nomination and Appointment

The governor shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council.[1][2]

Section 6

Text of Section 6:

Approval or Rejection

Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year.[1][2]

Section 7

Text of Section 7:

Vacancy

The office of any supreme court justice or superior court judge becomes vacant ninety days after the election at which he is rejected by a majority of those voting on the question, or for which he fails to file his declaration of candidacy to succeed himself.[1][2]

Section 8

Text of Section 8:

Judicial Council

The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized state bar. Three non-attorney members shall be appointed for six-year terms by the governor subject to confirmation by a majority of the members of the legislature in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit under the United States or the State. The judicial council shall act by concurrence of four or more members and according to rules which it adopts.[1][2]

Section 9

Text of Section 9:

Additional Duties

The judicial council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years. The judicial council shall perform other duties assigned by law.[1][2]

Section 10

Text of Section 10:

Commission on Judicial Conduct

The Commission on Judicial Conduct shall consist of nine members, as follows: three persons who are justices or judges of state courts, elected by the justices and judges of state courts; three members who have practiced law in this state for ten years, appointed by the governor from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the legislature in joint session; and three persons who are not judges, retired judges, or members of the state bar, appointed by the governor and subject to confirmation by a majority of the members of the legislature in joint session. In addition to being subject to impeachment under section 12 of this article, a justice or judge may be disqualified from acting as such and may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission. The powers and duties of the commission and the bases for judicial disqualification shall be established by law.[1][2]

Amendments

Section 11

Text of Section 11:

Retirement

Justices and judges shall be retired at the age of seventy except as provided in this article. The basis and amount of retirement pay shall be prescribed by law. Retired judges shall render no further service on the bench except for special assignments as provided by court rule.[1][2]

Section 12

Text of Section 12:

Impeachment

Impeachment of any justice or judge for malfeasance or misfeasance in the performance of his official duties shall be according to procedure prescribed for civil officers.[1][2]

Section 13

Text of Section 13:

Compensation

Justices, judges, and members of the judicial council and the Commission on Judicial Qualifications shall receive compensation as prescribed by law. Compensation of justices and judges shall not be diminished during their terms of office, unless by general law applying to all salaried officers of the State.[1][2]

Amendments

Section 14

Text of Section 14:

Restrictions

Supreme court justices and superior court judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the United States, the State, or its political subdivisions. Any supreme court justice or superior court judge filing for another elective public office forfeits his judicial position.[1][2]

Section 15

Text of Section 15:

Rule-Making Power

The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the legislature by two-thirds vote of the members elected to each house.[1][2]

Section 16

Text of Section 16:

Court Administration

The chief justice of the supreme court shall be the administrative head of all courts. He may assign judges from one court or division thereof to another for temporary service. The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system.[1][2]

Amendments


See also

StateConstitutions Ballotpedia.jpg

External links

BP-Initials-UPDATED.png
Suggest a link

Additional reading

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 Office of the Lt. Governor of Alaska, "The Constitution of the State of Alaska", accessed March 26, 2014
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.