Title 2 . Administration

Chapter 37 . Public Information

Section 10. Voluntary retirement for incapacity

2 AAC 37.010. Voluntary retirement for incapacity

(a) When an application for voluntary retirement for incapacity under AS 22.25.010 (c) is submitted to the governor by a justice or judge, the governor shall appoint a board of three persons to inquire into the circumstances. The board consists of disinterested persons as follows:

(1) a physician licensed to practice in the State of Alaska;

(2) a retired justice or judge, or if a retired justice or judge is unavailable to serve, a retired or active attorney licensed to practice in the State of Alaska; and

(3) a member of the public at large.

(b) Members of the board appointed under (a) of this section serve without compensation, except that they may be reimbursed for actual and necessary expenses at the rate established in AS 39.20.180 . Expenses of the board are charged to the judicial retirement system.

(c) The applicant shall provide sufficient documentation to the board appointed under (a) of this section to support his or her request and may appear before the board on his or her own behalf with or without assistance of counsel.

(d) The board appointed under (a) of this section may meet as often as necessary to conduct the inquiry under this section. The board will, at its discretion, hear any evidence which it finds to be relevant and reliable, without regard to formal rules of evidence. All meetings of the board are open to the public as required by AS 44.62.310 , except that a meeting or portion of a meeting held solely to deliberate on the evidence heard will, at the board's discretion, be limited to the board members and their staff, if any. If the justice or judge requests that any other portion of a meeting be closed to the public, the board will, at its discretion, exclude the public as long as necessary to hear the reason for the request. The board shall grant the request if it finds that the evidence to be presented would, if made public, cause such embarrassment or damage to personal reputation that it would violate the individual's right to privacy under article I, section 22, of the Alaska Constitution.

(e) The board appointed by the governor to inquire into the circumstances surrounding a justice's or judge's application for voluntary retirement for incapacity shall recommend approval of the request if it finds the following circumstances to exist:

(1) the justice or judge is presently suffering a physical or mental disability that substantially impairs his or her ability to perform judicial duties fully; and

(2) the justice or judge is not likely to recover sufficiently to resume judicial duties within a period of time during which the court system may both provide compensation to the justice or judge through the granting of sick leave under court Administrative Rule 28 and effectively handle court business through the temporary assignment of retired or active justices or judges under court Administrative Rule 23 or 24; this period of time shall be determined by the court system at the request of the board appointed under (a) of this section.

(f) The board shall report its findings and recommendations to the governor within 60 days of appointment. Copies of the board's findings and recommendation must be provided to the justice or judge. The governor shall advise the Department of Administration and the justice or judge of his or her decision within 30 days of receipt of the board's recommendation. The board is dissolved upon filing by the governor of a written declaration under AS 22.25.010 or as otherwise ordered by the governor.

(g) A justice or judge who is retired under this regulation is eligible for judicial assignment under court Administrative Rule 23 upon the finding of a licensed physician that he or she is able to efficiently perform judicial duties.

History: In effect before 1/8/85, Register 93

Authority: AS 22.25.010

AS 22.25.027