Alaska Supreme Court
From Judgepedia
| Alaska Supreme Court |
|---|
|
| Sitting justices |
| Chief: Walter Carpeneti Morgan Christen Robert Eastaugh Dana Fabe Daniel Winfree |
| Former justices |
| Alaska on Judgepedia |
Contents |
The Alaska Supreme Court is Alaska's court of last resort. It was established in the Alaska Constitution as adopted in the state's first constitutional convention in 1956, becoming operative in 1956 when Alaska officially achieved statehood. Five justices sit on the court. One of them is elected as the court's Chief Justice by the other justices. The current chief justice is Dana Fabe. The court hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. The court prefers to hear argument in the city where the case was heard in the trial court.[1]
Jurisdiction
The Court can hear cases previously tried in lower state courts, and also oversees the state's judicial system.
The Supreme Court is required to accept appeals from previous decisions made by any superior court regarding civil issues, and including cases that originated in administrative agencies. The court has the option, though, to hear appeals for criminal cases or petitions. In order for a criminal appeal to be heard, the appropriate appeals court must certify that the case involves a significant question of constitutional law, or it must be an issue of substantial public interest. The Supreme Court can choose whether or not to accept petitions "from non-final decisions by the superior court in civil cases and from final decisions of the superior court on review of the distric court's decision in civil matters."[2]
The court's justices
Selection of justices
Alaska's supreme court justices are chosen using the Commission-selection, political appointment method of judicial selection. The Alaska Judicial Council forwards a list of its nominees to the governor, who must choose a name from the list within 45 days to fill any vacancy. Justices serve 10-year terms on the court. Appointed justices are then subject to a retention election at the state's first general election that is more than 3 years after the appointment. After that, the five justices are subject to a retention elections every ten years. Apart from retirement, judges in Alaska can be removed in one of two ways. First, they may be suspended, removed from office, or censured by the Supreme Court upon the recommendation of the Alaska Commission on Judicial Conduct. [3] Secondly, they may be impeached by two thirds of the Alaska Senate and subsequently convicted by two thirds of the House of Representatives.
Qualifications
To be eligible to serve as a justice on the court, four standards must be met:
- The prospective judge must a citizen of the United States.
- The nominee must have been a resident of Alaska for at least five years prior to his or her appointment.
- The nominee must have had a license to practice law in Alaska at the time of appointment.
- The nominee must have been actively engaged in law practice for eight years prior to the appointment.
Current justices
| Name | Appointed | Term expires | Appointed by | Party affiliation |
|---|---|---|---|---|
| Chief Justice: Dana Fabe | 1996 | 2010 | Tony Knowles (Democrat) | - |
| Walter Carpeneti | 1998 | 2012 | Tony Knowles (Democrat) | - |
| Morgan Christen | 2009 | 2012 | Sarah Palin (Republican) | - |
| Robert Eastaugh | 1994 | 2018 | Walter Hickel (Republican) | - |
| Daniel Winfree | 2007 | 2012 | Sarah Palin (Republican) | - |
Chief justice
Dana Fabe, Chief Justice, was appointed to the Supreme Court by Governor Tony Knowles on January 26, 1996, replacing Justice Daniel A. Moore. She is currently serving her second term, from 2006 to 2009, as the court's Chief Justice, having previously held the position from 2000 to 2003. Her next retention election is in 2010. The chief justice is chosen by the majority vote of the five justices. The chief justice holds the office for three years and may not serve consecutive terms.
History of the court
The Alaska Supreme Court has had nineteen justices since the court was established in 1956.
2009 vacancy
Warren Matthews resigned from the court in April 2009. Six attorneys applied for the opening and were evaluated by the Alaska Judicial Council.[4] Morgan Christen and Eric Smith were the two finalists chosen by the Judicial Council for appointment. Governor Sarah Palin chose Judge Christen as the new appointee.
List of applicants:
- Morgan Christen: Judge Christen is 46 years old, has been an Alaska resident for 22½ years and has practiced law for 22 years. She graduated from Golden Gate University School of Law in 1986 and is currently a superior court judge and the presiding judge in the Third Judicial District.
- Kenneth P. Jacobus: Mr. Jacobus is 66 years old, has been an Alaska resident for 40½ years and has practiced law for 40 years. He graduated from the University of Wisconsin School of Law in 1968 and is currently in private practice in Anchorage.
- Kenneth C. Kirk: Mr. Kirk is 48 years old, has been an Alaska resident for 48 years and has practiced law for 21 years. He graduated from Cornell Law School in 1987, and is currently in private practice in Anchorage.
- David A. Lawrence: Mr. Lawrence is 58 years old, has been an Alaska resident for six years and has practiced law for 34 years. He graduated from the University of Minnesota Law School in 1974 and is currently a chief administrative law judge in Anchorage.
- Frank A. Pfiffner: Mr. Pfiffner is 60 years old, has been an Alaska resident for 34 years and has practiced law for 33 years. He graduated from the University of Iowa College of Law in 1974, and is currently in private practice in Anchorage.
- Eric Smith: Judge Smith is 55 years old, has been an Alaska resident for 26½ years and has practiced law for 29 years. He graduated from Yale Law School in 1979, and is currently a superior court judge in Palmer.
See also
External links
- Alaska Court System
- Alaska Bar Association
- Alaska Case Law Service
- Alaska 2008 judicial retention information (PDF). Scroll to pages 78-84.
- Gavel to Gavel. This website broadcasts most oral arguments before the Alaska Supreme Court.
References
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