For years, the unelected, seven-member Alaska Judicial Council has wielded exclusive power to select who the governor can choose from when appointing any and all state judges.
Senate Joint Resolution 13, which has a public hearing in the Alaska State Senate on Jan. 20, aims to change that.
The Judicial Council, since statehood, has been comprised of three members appointed by the governor and approved by the Legislature, three members appointed by the Alaska Bar Association, and the chief justice of the Alaska Supreme Court – also a member of the Bar.
Currently, under Article IV, Section 5 of the Alaska Constitution, the governor must fill judicial vacancies by appointing one person from a list of two or more nominees provided by the Alaska Judicial Council. The council, however, can exclude any conservative, pro-life or constitutionalist judges from the final list that the governor has to choose from. In doing so, the council does not need to provide any rationale for why it excludes certain applicants who appear to fulfill all the requirements for a judgeship.
Conservatives have long complained that it’s nearly impossible to seat a constitutionalist judge because the left-leaning Bar Association always enjoys a 4-3 majority in the Judicial Council.
SJR 13, which was introduced by Gov. Mike Dunleavy last year, would amend the state constitution to expand the governor’s discretion in judicial appointments. Specifically, it would require that the Judicial Council forward the names of all applicants who meet the minimum constitutional qualifications for the judicial position and prohibit the council from arbitrarily excluding certain judges that don’t align with their judicial philosophies.
The governor could then appoint any one of the qualified applicants without being limited to a shortlist of left-leaning judges approved by the council.
This proposed change would empower the governor by widening the pool of potential candidates.
In order to become law, however, the proposal must pass the State Legislature by a two-thirds vote in both the House and Senate and then be approved by a majority of Alaskans in a statewide election. Given that a handful of GOP lawmakers have abandoned their fellow Republicans to form a Democrat controlled majority, the chances of the bill being put before voters is slim.
Nevertheless, Alaskans will have an opportunity to publicly testify on the bill during a Jan. 20 hearing in the Senate State Affairs Committee.
TAKING ACTION
— Click here to read the bill.
— Click here to contact members of the Senate State Affairs Committee.
— Click here (or call 907-465-4648) for information on how to testify at the Jan. 20 hearing, starting at 3:30 p.m.
