Alaska Statutes

Alaska Stat. § 22.10.100 (2026)

Vacancies

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 22.10.100. Vacancies.
 (a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of superior court judge within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the council for each actual or impending vacancy. An appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.

 (b) The office of a superior court judge becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.




Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1971–2021 · leading case: State v. Jeffery, 170 P.3d 226 (Alaska 2007).
State v. Jeffery, 170 P.3d 226 (Alaska 2007). · cites it 4× “Not only must the division receive the critical information—a straightforward expression of the candidate's intent, held at the moment of filing, to stand for retention—but the requirement of a "declaration" implies some degree of formality beyond a message to be inferred from…”
State of Alaska v. Recall Dunleavy, 491 P.3d 343 (Alaska 2021). · cites it 2× “-3- 7542 References: AS 22.10.100; Art. IX, sec. 6 of Alaska Constitution; AS 39.”
In the Disciplinary Matter Involving Dooley, 376 P.3d 1249 (Alaska 2016). “For purposes of judicial conduct rules Judge Dooley-not the Alaska Court System-is responsible for his statements made while sitting on the bench; contrary to the &rguments made to the Commission during the sanctions hearing, Judge Dooley is not the victim in this disciplinary…”
In re G. M. B., 483 P.2d 1006 (Alaska 1971). “AS 22.10.100 provides the method of filling vacancies in the office of a superior court judge.”
In re GMB, 483 P.2d 1006 (Alaska 1971). “AS 22.10.100 provides the method of filling vacancies in the office of a superior court judge.”
In re Greene, 435 P.3d 915 (Alaska 2019). “AS 22.10.100(b). Appellate Rule 406(a) states that the Conduct Commission is to file a recording of the Commission's hearing and the court shall prepare a transcript on an expedited basis.”
Alaska Stat. § 22.10.100(b): 3 cases
State v. Jeffery, 170 P.3d 226 (Alaska 2007). “Not only must the division receive the critical information—a straightforward expression of the candidate's intent, held at the moment of filing, to stand for retention—but the requirement of a "declaration" implies some degree of formality beyond a message to be inferred from…”
In the Disciplinary Matter Involving Dooley, 376 P.3d 1249 (Alaska 2016). “For purposes of judicial conduct rules Judge Dooley-not the Alaska Court System-is responsible for his statements made while sitting on the bench; contrary to the &rguments made to the Commission during the sanctions hearing, Judge Dooley is not the victim in this disciplinary…”
In re Greene, 435 P.3d 915 (Alaska 2019). “AS 22.10.100(b). Appellate Rule 406(a) states that the Conduct Commission is to file a recording of the Commission's hearing and the court shall prepare a transcript on an expedited basis.”
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