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- Alaska Statutes.
- Title 22. Judiciary
- Chapter 30. Judicial Conduct
- Section 11. Powers and Duties of the Commission.
previous: Section 10
. Commission On Judicial Conduct.
next: Section 15
. Term of Office.
AS 22.30.011. Powers and Duties of the Commission.
- (a) The commission shall on its own motion or on receipt of a written complaint inquire into an allegation that a judge
- (1) has been convicted of a crime punishable as a felony under state or federal law or convicted of a crime that involves
moral turpitude under state or federal law;
- (2) suffers from a disability that seriously interferes with the performance of judicial duties and that is or may become
- (3) within a period of not more than six years before the filing of the complaint or before the beginning of the
commission's inquiry based on its own motion, committed an act or acts that constitute
- (A) wilful misconduct in office;
- (B) wilful and persistent failure to perform judicial duties;
- (C) conduct prejudicial to the administration of justice;
- (D) conduct that brings the judicial office into disrepute; or
- (E) conduct in violation of the code of judicial conduct; or
- (4) is habitually intemperate.
- (b) After preliminary informal consideration of an allegation, the commission may exonerate the judge, informally and
privately admonish the judge, or recommend counseling. Upon a finding of probable cause, the commission shall hold a
formal hearing on the allegation. A hearing under this subsection is public. Proceedings and records pertaining to
proceedings that occur before the commission holds a public hearing on an allegation are confidential, subject to the
provisions of AS 22.30.060(b).
- (c) A judge appearing before the commission at the hearing is entitled to counsel, may present evidence, and may
- (d) The commission shall, after a hearing held under (b) of this section,
- (1) exonerate the judge of the charges; or
- (2) refer the matter to the supreme court with a recommendation that the judge be reprimanded, suspended, removed, or
retired from office or publicly or privately censured by the supreme court.
- (e) [Repealed, Sec. 3 ch 135 SLA 1990].
- (f) [Repealed, Sec. 3 ch 135 SLA 1990].
- (g) If the commission exonerates a judge, a copy of the proceedings and report of the commission may be made public on the
request of the judge.
- (h) If a judge has been publicly reprimanded, suspended, or publicly censured under this section and the judge has filed a
declaration of candidacy for retention in office, the commission shall report to the judicial council for inclusion in
the statement filed by the judicial council under AS 15.58.050
each public reprimand, suspension, or public censure received by the judge
- (1) since appointment; or
- (2) if the judge has been retained by election, since the last retention election of the judge.
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