Alaska Code Jud. Conduct Application

A. Full-Time Judicial Officers. The following judicial

officers shall comply with all provisions of this Code:

(1) active justices of the supreme court and active judges

of the court of appeals, the superior court, and the district court

(including acting district court judges);

(2) full-time magistrate judges;

(3) committing magistrate judges; and

(4) standing masters.

B. Senior Judges.

(1) Senior judges (retired justices of the supreme court

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

and the district court who are eligible for judicial service under

Administrative Rule 23) shall comply with all provisions of

this Code except:

(a) 4D(1)(b) (transactions with persons likely to come

before the judge’s court);

(b) 4D(4) (management of financial resources to

minimize disqualification);

(c) 4E(1) (fiduciary service for persons other than family

members);

(d) 4E(2) (fiduciary service where proceedings likely

before judge’s court);

(e) 4F (service as arbitrator or mediator). However, a

senior judge who serves as an arbitrator or mediator must

comply with Administrative Rule 23(f); and

(f) a senior judge may speak publicly regarding the

qualification of a judge seeking retention who faces active

opposition.

(2) In addition, a senior judge need not comply with

Section 4C(2) (appointment to government positions) except

during periods of appointment to active judicial service under

Administrative Rule 23.

(3) Senior judges who serve as members of a judicial

assistance committee have additional ethical obligations to

maintain the confidentiality of communications received in

that capacity, including the identities of those seeking the

services of the committee or those referring matters to the

committee. Consequently, senior judges serving in this

capacity may not report any failure of a judge referred to the

committee to admit the problem or submit to treatment.

Commentary.—A senior judge—a retired justice or judge who

is eligible for judicial service under Administrative Rule 23—

must comply with all provisions of the Code except those

listed. Thus, a senior judge may engage in financial and

business dealings with any person and has no duty to manage

investments and business and financial interests to minimize

the number of cases in which the judge is disqualified. A senior

judge may serve as a personal representative, trustee,

guardian, or other fiduciary for persons other than family

members. Although senior judges may not engage in the

practice of law, they may serve as private arbitrators or

mediators and may maintain private arbitration and mediation

businesses, even during periods of pro tem service. However,

in order to be eligible for judicial service, a judge who

performs private arbitration or mediation must comply with

the disclosure requirements and employment restrictions set

out in Administrative Rule 23(e).

Senior judges may publicly speak regarding the qualifications

of judges facing active opposition. This limited exception to

Canon 5A(1)(b) preserves the general insulation of judges

from political pressures while allowing for an informed public

debate on the qualifications of a judge up for retention.

A senior judge may serve on a government committee or

commission or hold a government position except during

periods of pro tem service.

Despite the relaxation of restrictions on senior judges’

financial dealings, they remain subject to the disqualification

provisions of Section 3E.

The special confidentiality obligations when serving as a

member of a judicial assistance committee are narrowly

tailored to provide for candid reporting to the judicial

assistance committee.

C. Part-Time Magistrate Judges and Deputy Magistrates. Part-time magistrate judges and deputy magistrates shall comply with all provisions of this Code

except:

(1) Section 4C(1) (appearance before or consultation

with executive or legislative bodies) if the magistrate judge or

deputy magistrate holds an office or position of profit under

the United States, the state, or its political subdivisions and

must engage in Section 4C(1) activities in order to perform the

duties of this office or position;

(2) Section

4C(2)

(appointment to government positions);

(3) Section 4D(1)(b) (transactions with persons likely to

come before the judge’s court);

(4) Section 4D(3)(c) (participation in business activity

that has major effect on economic life of community);

(5) Section 4E(1) (fiduciary service for persons other

than family members);

(6) Section 4G (practice of law);

(7) Section 5A(1)(d) (attendance at political gatherings)

if the magistrate judge or deputy magistrate holds or is seeking

non-judicial public office;

(8) Section 5A(1)(e) (solicitation and contribution of

campaign funds) to the extent that the magistrate judge or

deputy magistrate is soliciting funds for or contributing funds

to the magistrate judge’s own campaign for non-judicial public

office;

(9) Section 5A(2) (resignation upon becoming a

candidate for nonjudicial office); and

(10) Sections 5B (political activity to secure appointment

to public office).

Commentary.—AS 22.15.210(b) guarantees magistrates a

conditional right to seek and hold any other office or position

of profit under the United States, this State, or its political

subdivisions, and to engage in the conduct of any profession or

business that does not interfere with the performance of

judicial duties or necessitate repeated disqualifications.

Because of this statute, part-time magistrates are exempt from

the restrictions on holding non-judicial public office. They are

also permitted to engage in political activity necessary to

secure and perform the duties of non-judicial public office.

Note, however, that political activity by court system

employees is also limited by Personnel Rule PX9.O. Under this

rule, a court system employee forfeits his or her position upon

becoming a candidate for state or national elective political

office, other than the office of delegate to a state or federal

constitutional convention.

The Code exempts part-time magistrates from two restrictions

on business activity, the duty to avoid financial and business

dealings with persons likely to come before the magistrate’s

court, and the duty to avoid business activity that has a major

effect on the economic life of the community. In a small

community, it may be difficult for a magistrate to avoid

business dealings with persons likely to come before the

magistrate’s court, and even a moderately-sized business

venture may have a major effect on the community’s economic

life. Thus, these restrictions could make it impossible for a

part-time magistrate to carry on outside business activity in

order to supplement his or her part-time judicial salary. Part-time magistrates remain subject to Section 4D(4), which

requires that they manage their financial dealings to minimize

the number of cases in which they are disqualified. They also

remain subject to the disqualification provisions of Section 3E.

They are also subject to Personnel Rule PX5.04, which

regulates outside employment by court system employees.

A part-time magistrate may serve as a fiduciary for persons

other than family members, subject to Sections 4E(2) and

4E(3). A part-time magistrate who is an attorney may practice

law, subject to Administrative Rule 2(d), which prohibits court

system employees from engaging, directly or indirectly, in the

practice of law in any of the courts of this state.

D. Special Masters.

(1) A special master who is not an active judge,

magistrate judge, or standing master shall comply with the

following provisions of this Code:

(a) Canon 1 (duty to uphold the integrity and

independence of the judiciary);

(b) Canon 3 (judicial duties); however, a special master

need not comply with Section 3B(9) to the extent this Section

would prohibit the special master from commenting about

pending or impending proceedings that are unrelated to the

proceeding in which he or she is a special master;

(c) Section 4A (extra-judicial activities in general);

(d) Section 4B (avocational activities);

(e) Section 4C(1); however, a special master need not

comply with Section 4C(1) to the extent this Section would

prohibit the special master from appearing at public hearings

or lobbying on matters that are unrelated to the proceeding in

which he or she is a special master;

(f) Section 4D(1)(a) (financial or business dealings that

appear to exploit judicial position);

(g) Section 4E(3) (restrictions on financial activity that

apply personally also apply while acting as fiduciary); and

(h) Section 4I (financial affairs are private except where

disclosure required by law).

(2) In addition, during periods of appointment as a

master, a special master must comply with Section 2A (duty to

avoid impropriety and appearance of impropriety) and 2B

(inappropriate influence and misuse of judicial office).

(3) A person who has been a special master in a

proceeding shall not act as a lawyer in that proceeding or in

any other proceeding related thereto, except as otherwise

permitted by Rule 1.12(a) of the Alaska Rules of Professional

Conduct.

E. Time for Compliance. A person to whom this Code

becomes applicable shall comply immediately with all

provisions of this Code except Sections 4D(2) and 4D(3)

(which pertain to business activities) and Section 4E (which

pertains to fiduciary activities) and shall comply with these

Sections as soon as reasonably possible and shall do so in any

event within the period of one year.

Commentary.—If serving as a fiduciary when selected as a

judge, a new judge may, notwithstanding the prohibitions in

Section 4E, continue to serve as fiduciary but only for that

period of

time necessary to avoid serious adverse consequences to the beneficiary of the fiduciary relationship

and in no event longer than one year. Similarly, if engaged at

the time of judicial selection in a business activity that is not

permitted by Section 4D(3), a new judge may, notwithstanding

the prohibitions in Section 4D(3), continue in that activity for a

reasonable period but in no event longer than one year.