Alaska: bill allows legislature to declare judicial decisions impeachable “malfeasance”, removes judicial review; similar to 2016 Kansas Senate effort

A plan to allow for the impeachment of Alaska’s judges for their decisions has been filed in that state’s House in a move almost identical to one put forth in the Kansas Senate last year.

The Alaska Constitution provides that “all civil officers” are subject to impeachment, but fails to specify the reasons for impeachment such as high crimes, misdemeanors, malfeasance, etc.

All civil officers of the State are subject to impeachment by the legislature. Impeachment shall originate in the senate and must be approved by a two-thirds vote of its members. The motion for impeachment shall list fully the basis for the proceeding. Trial on impeachment shall be conducted by the house of representatives.

Existing statutes define the reasons for impeachment of judges as “malfeasance or misfeasance in the performance of official duties.” (A.S. 22.05.120 for the Supreme Court; A.S. 22.07.075 for the Court of Appeals; A.S. 22.10.170 for the Superior Court).

HB 251 would amend the definition of “malfeasance” to include “exercising legislative power.” Moreover, HB 251 would prohibit any judicial review of the state legislature’s actions in this area (“the legislature’s judgment under this section is not subject to judicial review.”)

That language is similar to Kansas’ SB 439 of 2016 as amended, that provided Kansas judges, or more specifically those chosen via the state’s merit/commission system, would be subject to impeachment for “attempting to usurp the power of the legislative…branch of government.” That bill was approved 21-19 but never taken up in the House.

HB 251 has been filed in the House Community & Regional Affairs Committee.