Title 2 . Administration

Chapter 50 . Public Information

Section 120. Procedures for late statements from judicial officers

2 AAC 50.120. Procedures for late statements from judicial officers

(a) If the annual statement of a judicial officer is late for eight days, the staff of the commission shall send a written notice to the judicial officer at the address on file with the commission. The notice must state

(1) that the statement has not been filed;

(2) the date on which the statement was due;

(3) that refusal or failure to file

(A) is punishable as a misdemeanor offense; and

(B) on or before the 30th day of lateness will cause the commission to

(i) request the administrator of the court system to withhold salary, per diem, and travel expense payments to the judicial officer under AS 39.50.110 ;

(ii) request the Commission on Judicial Conduct to refer the matter to the supreme court with a recommendation that the judicial officer be removed from office under AS 39.50.110 ;

(iii) request the attorney general to initiate misdemeanor proceedings under AS 39.50.060 or 39.50.110; and

(iv) take other action as appropriate to carry out AS 39.50.060 or 39.50.110;

(4) the amount of the civil penalty assessed to date under 2 AAC 50.110;

(5) that the civil penalty assessed under 2 AAC 50.110 increases until the statement is filed; and

(6) the right of appeal under AS 39.50.135 and 2 AAC 50.112.

(b) If the annual statement of a judicial officer is late for 22 days, the staff of the commission shall send a written notice to the judicial officer at the address on file with the commission. The notice must include the information included in a notice sent under (a) of this section.

(c) If the annual statement of a judicial officer is late for 30 days, the staff of the commission shall

(1) send a written notice to the judicial officer at the address on file with the commission; the notice must include the information included in a notice sent under (a) of this section;

(2) notify the commission that the statement has been late for 30 days; and

(3) under the direction of the commission, take other action as appropriate to carry out AS 39.50.060 and 39.50.110.

(d) If the annual statement of a judicial officer is late for 30 days, the commission will

(1) request the administrator of the court system to withhold salary, per diem, and travel expense payments to the judicial officer under AS 39.50.110 ;

(2) request the Commission on Judicial Conduct to refer the matter to the supreme court with a recommendation that the judicial officer be removed from office under AS 39.50.110 ;

(3) request the attorney general to initiate misdemeanor proceedings under AS 39.50.060 or 39.50.110; and

(4) take other action as appropriate to carry out AS 39.50.060 or 39.50.110.

(e) If a judicial officer files a statement after the date applicable to that officer under AS 39.50.020 (a), the staff of the commission shall send a written notice to the judicial officer at the address on file with the commission. The notice must state the

(1) amount of the civil penalty assessed under 2 AAC 50.110; and

(2) right of appeal under AS 39.50.135 and 2 AAC 50.112.

History: Eff. 9/9/78, Register 67; am 10/18/81, Register 80; am 1/26/86, Register 97; am 7/20/95, Register 135

Authority: AS 15.13.030

AS 39.50.020

AS 39.50.050

AS 39.50.060

AS 39.50.110