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HOUSE BILL NO. 179
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE EASTMAN
Introduced: 5/15/19
Referred: Community & Regional Affairs, State Affairs, Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to judicial impeachment; and providing for an effective date."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
4 to read:
5 SHORT TITLE. This Act may be known as the Responsible Judges Act.
6 * Sec. 2. AS 22.05.120 is amended to read:
7 Sec. 22.05.120. Impeachment. A supreme court justice is subject to
8 impeachment by the legislature for malfeasance or misfeasance in the performance of
9 official duties. Malfeasance includes exercising legislative power. Impeachment
10 shall originate in the senate and shall be approved by a two-thirds vote of its members.
11 The motion for impeachment must list fully the basis for the proceeding. Trial on
12 impeachment shall be conducted by the house of representatives. A supreme court
13 justice designated by the court shall preside at the trial. Concurrence of two-thirds of
14 the members of the house is required for a judgment of impeachment. The judgment
15 may not extend beyond removal from office, but does not prevent proceedings in the
HB0179a -1- HB 179
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1 courts on the same or related charges except that the legislature's judgment under
2 this section is not subject to judicial review.
3 * Sec. 3. AS 22.07.075 is amended to read:
4 Sec. 22.07.075. Impeachment. A judge of the court of appeals is subject to
5 impeachment by the legislature for malfeasance or misfeasance in the performance of
6 official duties. Malfeasance includes exercising legislative power. Impeachment
7 must originate in the senate and must be approved by two-thirds vote of its members.
8 The motion for impeachment must list fully the basis for the proceeding. Trial on
9 impeachment shall be conducted by the house of representatives. A supreme court
10 justice designated by the court shall preside at the trial. Concurrence of two-thirds of
11 the members of the house is required for a judgment of impeachment. The judgment
12 may not extend beyond removal from office, but does not prevent proceedings in a
13 court on the same or related charges except that the legislature's judgment under
14 this section is not subject to judicial review.
15 * Sec. 4. AS 22.10.170 is amended to read:
16 Sec. 22.10.170. Impeachment. A superior court judge is subject to
17 impeachment by the legislature for malfeasance or misfeasance in the performance of
18 official duties. Malfeasance includes exercising legislative power. Impeachment
19 shall originate in the senate and must be approved by two-thirds vote of its members.
20 The motion for impeachment must list fully the basis for the proceeding. Trial on
21 impeachment shall be conducted by the house of representatives. A supreme court
22 justice designated by the court shall preside at the trial. Concurrence of two-thirds of
23 the members of the house is required for a judgment of impeachment. The judgment
24 may not extend beyond removal from office, but does not prevent proceedings in the
25 courts on the same or related charges except that the legislature's judgment under
26 this section is not subject to judicial review.
27 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).
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Statutes affected:
HB0179A, AM HB 179, introduced 05/15/2019: 22.05.120, 22.07.075, 22.10.170