Alaska R. Admin. 23

(a) Appointment to Pro Tempore Judicial Service.

(1) Method of Appointment. Former judicial officers who

have been accepted for inclusion in the administrative

director’s pro tempore appointment list may be appointed to sit

pro tempore as a senior judge in any court of this state when

the judicial assignment is deemed necessary for the efficient

administration of justice and the former judicial officer

consents to the appointment. Pro tempore appointments shall

be made by the chief justice, or by another justice designated

by the chief justice, in consultation with the administrative

director and the presiding judge or chief judge of the affected

court.

(2) Scope or Term of Appointment. Pro tempore

appointments may be made for one or more specified cases, or

for a specified period of time, or a combination of both.

Appointments may be renewed. A pro tempore judge may

complete a trial, including sentencing, or an appeal in progress

at the conclusion of the judge’s term of appointment. Unless a

judge’s order of appointment specifies otherwise, the judge’s

pro tempore appointment to a case in a trial court terminates

upon expiration of the time for filing an appeal except the pro

tempore judge may preside over immediate post-judgment

proceedings such as deciding restitution in a criminal case or

ruling on attorney fees and costs in a civil case. Unless a

judge’s order of appointment specifies otherwise, the judge’s

pro tempore appointment to a case in an appellate court

terminates upon expiration of the time for filing a petition for

rehearing or, if a petition for rehearing is filed, upon entry of

the order or opinion that disposes of the petition.

(b) Eligibility to Apply for Inclusion in the Administrative Director’s Pro Tempore Appointment List.

(1) Eligibility to Apply. Former justices of the supreme

court, former judges of the court of appeals and the superior

court, and former judges of the district court who were

appointed by the governor are eligible to apply for inclusion in

the administrative director’s pro tempore appointment list

unless the former justice or judge

(A) was rejected in a retention election,

(B) was removed from office by the supreme court

pursuant to disciplinary proceedings instituted by the

Commission on Judicial Conduct,

(C) was removed from office by legislative impeachment

proceedings,

(D)

resigned from office while disciplinary or impeachment proceedings were pending,

(E) resigned or was removed from office because of

incapacity, or

(F) is no longer a resident of Alaska.

(2) Restoration of Eligibility. Judicial officers who

would be ineligible to apply for inclusion in the pro tempore

appointment list under subparagraphs (b)(1)(A) – (E) of this

rule become eligible for appointment if they are subsequently

nominated for judicial office by the Alaska Judicial Council

and appointed by the governor.

(c) The Pro Tempore Appointment List.

(1) The administrative director shall maintain a list of

judges who can be considered for appointment to pro tempore

judicial service. A former judge may be included in this list if

(A) the judge is eligible to apply for inclusion in the list

under subsection (b) of this rule,

(B) the judge applies for inclusion in the list and declares

his or her willingness to accept pro tempore appointments, and

(C) the chief justice, in consultation with the administrative director, determines that inclusion of the judge in the

pro tempore appointment list will be consistent with efficient

judicial administration and the Court System’s budgetary

constraints, and that the judge possesses the skills and

temperament required for satisfactorily performing pro

tempore judicial duties.

(2) Former judges who wish to be included in the pro

tempore appointment list shall apply to the administrative

director using the application form specified by the director.

This application form must require the judges to

(A) acknowledge that, if they are accepted for inclusion

in the pro tempore appointment list, they will be bound by all

provisions of the Code of Judicial Conduct that apply to senior

judges until they formally withdraw from the appointment list

as prescribed in paragraph (c)(4);

(B) certify that they have read the applicable provisions

of the Code of Judicial Conduct and that they are currently in

compliance with those provisions; and

(C) agree that they will promptly withdraw from the pro

tempore appointment list if they cease being residents of

Alaska.

(3) The administrative director and the chief justice shall

review a judge’s application for inclusion in the pro tempore appointment list, applying the criteria specified in subparagraph (c)(1)(C). The administrative director shall

promptly notify judges when their application for inclusion in

the pro tempore appointment list has been granted or denied.

Judges who are accepted for inclusion in the pro tempore

appointment list become senior judges for purposes of the

Code of Judicial Conduct.

(4) A former judge who has been accepted for inclusion

in the pro tempore appointment list may withdraw from the list

by notifying the administrative director in writing. If the

judge’s withdrawal will terminate one or more current pro

tempore judicial appointments, the administrative director shall

notify the presiding judges or chief judge of the affected

courts.

(5) The following procedures govern the re-evaluation of

judges on the pro tempore appointment list:

(A) Every two years, the administrative director and the

chief justice shall review the performance of all judges who

have served pro tempore during the preceding two years. This

biennial review shall include the results of any evaluation of

the pro tempore judge’s performance by the Alaska Judicial

Council. The biennial review shall also include formal

evaluations of the judge’s performance by each of the

presiding judges or chief judge of the courts where the judge

served pro tempore. At the conclusion of this biennial review,

the chief justice, in consultation with the administrative

director, shall determine whether the judge will remain on the

pro tempore appointment list.

(B) In addition to the biennial review required by

subparagraph (c)(5)(A), the administrative director and the

chief justice may, at any time, assess any judge’s continued

inclusion in the pro tempore appointment list if they receive

new information which raises a significant question as to

whether the inclusion of that judge in the appointment list

remains consistent with efficient judicial administration and

the Court System’s budgetary constraints, or whether that

judge possesses the skills and temperament required for

satisfactorily performing pro tempore judicial duties. At the

conclusion of this assessment, the chief justice, in consultation

with the administrative director, shall determine whether the

judge will remain on the pro tempore appointment list.

(d) Compensation. A former justice or judge is entitled

to receive compensation for pro tempore judicial service at the

rate of $650 per day for any day during which the justice or

judge served for four hours or more, and $325 per day for any

day during which the justice or judge served less than four

hours. The annual compensation for pro tempore service may

not exceed the difference between the former justice’s or

judge’s annual retirement pay and the current annual base

salary of a justice or judge of the court from which the justice

or judge retired. The supreme court may relax this limit when

necessary to cover an extended judicial vacancy or in other

extenuating circumstances. The former justice or judge is not

entitled to personal, annual, or sick leave benefits, or health

insurance coverage under the active employee plan, and

acceptance of a pro tempore appointment acts as a waiver of

any claim to these benefits. For an appointment of over 90

consecutive days, these leave benefits and eligibility for health

insurance coverage under the active employee plan (as

permitted under the statutes and regulations that govern

participation in that plan) may be granted at the discretion of

the administrative director with the concurrence of the chief

justice.

(e)

Additional Service Credit. A former justice or

judge who has not accrued the maximum service credit for

retirement benefits under AS 22.25.020 is entitled to receive

additional service credit for each day of pro tempore service

until the maximum is reached.

(f)

Private Arbitration and Mediation. If, after a

former judge has been accepted for inclusion in the pro

tempore appointment list, the judge acts as a private arbitrator

or mediator, the judge must comply with the following rules to

remain eligible for pro tempore appointment:

(1) The judge shall refrain from soliciting or

accepting employment as an arbitrator or mediator from a

lawyer or party who is currently appearing in a case in which

the judge is serving as a pro tempore judicial officer.

(2) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge has

previously served as an arbitrator or mediator, either in a

private capacity or as a settlement judge, in the same matter.

This disqualification may be waived under Canon 3F of the

Code of Judicial Conduct.

(3) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge is

currently serving or is scheduled to serve as an arbitrator or

mediator in a private capacity for a lawyer or party in the case.

This disqualification may be waived under Canon 3F of the

Code of Judicial Conduct.

(4) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge served as

an arbitrator or mediator in a private capacity for a lawyer in

that case or a party to that case within the two years prior to the

judge’s assignment to the case. This disqualification may be

waived under Canon 3F of the Code of Judicial Conduct.

(5) The judge shall refrain from accepting

employment as an arbitrator or mediator from a lawyer or party

who, within the preceding six months, has appeared in any

case in which the judge was participating personally and

substantially as a judge at the same time.

For purposes of these restrictions, a senior judge is not

“serving as a pro tempore judge” or “participating personally

and substantially as a judge” if the judge has been assigned to a

case solely for the purpose of serving as a settlement judge.

As used in this Rule, the term “settlement judge” means a

judicial officer who is assigned to a case solely for the purpose

of consulting with the parties and assisting them in trying to

resolve their dispute without a trial or other formal

adjudicative hearing.