Judicial selection in Alaska
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Judicial selection in Alaska relies on what is known as Missouri Plan. Sixteen other states and Washington, D.C. use a similar method of judicial selection, though Alaska is unusual because it has one judicial council for all courts and all districts statewide.
The Alaska Constitution in 1959 established the Alaska Judicial Council (AJC), which solicits and screens applicants for judicial vacancies on all levels of Alaska's state courts. The AJC submits the names of at least two nominees to the governor for appointment.
Judicial Nomination Process
1. Vacancy Announced
2. Application by potential nominee submitted and reviewed
3. Alaska Bar Poll and public comment solicited
4. All materials distributed to Judicial Council members
5. Interview of applicant
6. Candidates nominated from the pool of applicants
7. Transmitted to Governor
Council Rules of Consideration
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There are rules about what the Judicial Council is and isn’t permitted to consider when choosing an applicant, but what isn’t certain is how the Council enforces those rules. For instance, the Judicial Council application says it “does not consider unsigned bar poll comments unless they are corroborated, independently substantiated, or acknowledged by the applicant,” but all comments, anonymous or not, are distributed to the members of the Council.
Other considerations that Judicial Council members are prohibited from basing their choices upon besides anonymous comments in the bar survey: 1) discrimination prohibited by any federal or state law, 2) Religious and political beliefs, 3) The likelihood of the Governor to appoint an applicant.
While the Council is prohibited from consideration on the basis of religious or political beliefs, consideration based on the possibility that the applicant’s religion or political belief may yield a biased ruling is not prohibited.
Composition of the Judicial Council
The judicial council is composed of:
- Three non-lawyer members who are appointed by the governor and confirmed by a majority of the legislature in joint session;
- Three lawyer members who are appointed by the board of governors of the Alaska Bar Association; and
- The chief justice of the Alaska Supreme Court, who serves as the ex officio chair. [1]
The constitution states that appointments to the AJC must be made "with due consideration to area representation and without regard to political affiliation." This requirement is loosely worded. Comparable safeguards against nonpartisanship in other state constitutions are often more strict; they may prohibit a majority of non-ex-officio members from the same political party, for example.
Members of the AJC serve staggered six-year terms, except for the chief justice who serves for three years.
The composition of the Alaska Judicial Council is similar to that of the statewide commissions in other states. However, in other states the balance is likely to be in favor of lay members rather than lawyers. Also in other states, all appointees require legislative confirmation; in Alaska, only the lay members appointed by the governor must be confirmed. [2]
Hinger v. Carpeneti
A lawsuit was brought against the State of Alaska in federal court (Hinger v. Carpeneti) on June 3, 2009 alleging that the system of selecting judges gives lawyers more of a voice in selecting judges than ordinary citizens.
The lawsuit alleges that because three of the seven members of the Judicial Council are selected by the Board of Governors and the Alaska Bar Association, it denies "the citizens of Alaska an equal voice and vote in the selection of justices and judges," and therefore is in violation of the 14th Amendment to the U.S. Constitution. Two of the plaintiffs are voters and the third is an attorney with the Alaska Bar Association. One of the voters is a member of the Board of Governors.
Timothy Burgess of the United States District Court for the District of Alaska is the judge assigned to this case.
"The Alaska Judicial Selection Plan violates the Fourteenth Amendment to the U.S. Constitution by denying Plaintiffs the equal right to vote," the complaint alleges. [3]
Legislative Inquiry and Reform
In 1999, Republican Senator Loren Leman introduced a bill SJR15 (referred to Judiciary and Finance) to amend the Alaska Constitution to require that judges appointed must be confirmed by a majority vote of the Alaska Legislature. It would have also reduced the terms judges serve in between retention elections. Under the bill, Alaska Supreme Court justices would be up for retention after six years instead of ten. Superior court judges would be up for retention every four years instead of six. The Senate Judiciary Committee stripped the provision requiring confirmation by the legislature from the bill before passing it out of committee. The chair of the Senate Judiciary Committee was Republican Senator Robin Taylor, who served as an Alaska district judge from 1977-1982[4]. No further action was taken by the legislature on this bill.
In 2001, Senator Robin Taylor introduced SJR22, (referred to Judiciary and Finance) which would have reduced the terms judges serve in between retention elections to the same limits prescribed by SJR15 in 1999. The bill passed through the Senate Judiciary Committee and the Senate Finance Committee without changes. No further action was taken by the legislature on this bill.
In 2002, Senator Gene Therriault introduced SB159, (referred to State Affairs, Judiciary, and Finance) which would have reduced the terms judges on the Alaska Court of Appeals serve between retention elections from eight to four years. The bill passed through the Senate State Affairs Committee but the term limits were changed in the bill from four to six years. No further action was taken by the legislature on this bill[5].
The Senate and House Judiciary Committees in the Alaska Legislature held a joint hearing on judicial selection in Alaska on September 30, 2004 to discuss the problems with the selection process. The members and executive director of the Alaska Judicial Council testified. [6] [7]
External links
References
- ↑ Website of the Alaska Judicial Council
- ↑ Judicial selection in the states
- ↑ Hinger v. Carpeneti
- ↑ Robin Taylor on Political Graveyard
- ↑ Alaska Bill Action Status and Inquiry System (BASIS)
- ↑ Audio of Alaska Legislature September 30, 2004 hearing on the judge selection process in Alaska
- ↑ Committee minutes of Alaska Legislature September 30, 2004 hearing on the judge selection process in Alaska
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