In an effort to expose and eliminate suspected unlawful discrimination within the powerful left-leaning group that controls who can become an Alaskan judge, a national law firm has filed suit against the Alaska Judicial Council for failing to produce its internal records.
The America First Legal Foundation (AFL), which filed the suit on Sept. 2, is a nonprofit law firm founded to unapologetically defend the rights of everyday Americans.
In the Alaska case, AFL is investigating whether the Judicial Council has engaged in unlawful discrimination when determining which judicial candidates are eligible to serve on the bench.
Since Alaska’s statehood, this unelected, seven-member body has wielded exclusive power to select who the governor can choose from when appointing any and all state judges.
The Alaska Judicial Council is accountable to the great people of Alaska. Accordingly, it should produce the requested documents and prove that judicial selection in Alaska is fair, honest, and meritocratic.
The Judicial Council is composed of three members appointed by the governor and approved by the Legislature, three members appointed by the overwhelmingly Democrat-affiliated Alaska Bar Association, and the chief justice of the Alaska Supreme Court – also a member of the Bar. In effect, the left-leaning Bar Association has always enjoyed a 4-3 majority when vetting judicial applications.
According to the Alaska Constitution, the governor must fill judicial vacancies by appointing one person from a list of two or more nominees provided by the 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 otherwise appear to fulfill all the requirements for a judgeship.
The current lawsuit aims to pull back the curtain on how the Judicial Council makes its determinations.
“Through our rigorous litigation and government accountability efforts, we oppose lawless government overreach and fight to restore the rule of law in the United States,” the group’s website notes. “We challenge unconstitutional mandates, expose the weaponization of government agencies … wherever the law is being abused, ignored, or twisted against the American people – we step in.
Concerns were initially raised upon discovering that the Judicial Council’s bylaws state that the group will make “every effort to promote diversity, including gender and ethnic diversity” in judicial selections.
“The Last Frontier deserves a judiciary selected for quality, not race or sex,” he said. “AFL is committed to protecting our cherished courts from the Left’s DEI insanity.”
In June, AFL submitted a public records request seeking documents related to the Judicial Council’s use of diversity, equity, & inclusion (DEI) considerations in selecting Alaska judges. Under Alaska’s public records regulations, the Judicial Council had a maximum of 10 days to respond to AFL’s request. Beyond confirming receipt, however, the Judicial Council has remained silent.
AFL’s request raised concerns not only about the Judicial Council’s explicit commitment to DEI in judicial selections, but also about other criteria it considers when evaluating judicial candidates. Several of those factors closely track criteria that the U.S. Department of Justice (DOJ) has identified as proxies for unlawful DEI discrimination. Evaluation factors such as the “diversity of the applicant’s personal and educational history” and a “demonstrated commitment to equal justice and the legal needs of the diverse communities of Alaska” resemble the kinds of “cultural competence” criteria the DOJ has warned may operate as unlawful means of discriminating based on race or other characteristics.
AFL has accused the Judicial Council of using its bylaws to shield itself from public disclosure, accountability and document production.
“Sweeping public records exemptions are where the truth goes to die,” said Emily Percival, Senior Counsel at America First Legal. “The Alaska Judicial Council is accountable to the great people of Alaska. Accordingly, it should produce the requested documents and prove that judicial selection in Alaska is fair, honest, and meritocratic. If they don’t, AFL will fight for the right of Alaskans to hold the AJC accountable.”
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Bobby Crossin, Counsel at AFL, echoed these points.
“The Last Frontier deserves a judiciary selected for quality, not race or sex,” he said. “AFL is committed to protecting our cherished courts from the Left’s DEI insanity.”
Last year, Gov. Mike Dunleavy introduced Senate Joint Resolution 13, which sought to amend the State Constitution to expand the governor’s discretion in judicial appointments. Specifically, the bill aimed to 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 who don’t align with their judicial philosophies. The measure would have allowed the governor to appoint any one of the qualified applicants without being limited to a shortlist of left-leaning judges approved by the council.
The bill, which died in committee, had little chance of passing given that the State Senate is controlled by a coalition of Democrats and left-leaning Republicans and independents.
