America First Legal (AFL) has filed a response opposing the Alaska Judicial Council’s (AJC) motion to dismiss AFL’s September lawsuit challenging the AJC’s refusal to produce records on its use of “diversity, equity, and inclusion” (DEI) in making judicial selections.
AFL is now asking the Alaska Superior Court to deny the motion to dismiss and order the AJC to produce the records.
The Alaska Judicial Council is a small but extremely powerful group that firmly controls placement of all judges in Alaska. The group enjoys exclusive power to select who the governor can choose from when appointing any state judges.
This unelected, seven-member body includes three members appointed by the governor and approved by the Legislature, three members appointed by the left-leaning Alaska Bar Association, and the chief justice of the Alaska Supreme Court – also a member of the Bar.
At every turn, the Alaska Judicial Council is dodging transparency.
Conservatives have long complained it’s nearly impossible to seat a constitutionalist judge because the Bar Association always enjoys a 4-3 majority in the Judicial Council and rarely ever forwards conservative judicial candidates for the governor’s consideration.
The lawsuit, America First Legal Foundation v. Alaska Judicial Council, points out that the Judicial Council’s bylaws explicitly mandate that the council make “every effort to promote diversity, including gender and ethnic diversity” in its selections. AFL submitted a public records request under the Alaska Public Records Act seeking records related to this DEI mandate and the AJC’s use of other DEI considerations in selecting Alaska’s judges.
Beyond confirming receipt of the request, the AJC remained silent for 89 days until AFL filed its lawsuit. Now, instead of disclosing the records, the AJC has moved to dismiss AFL’s case.
AFL’s response to the AJC’s motion to dismiss argues that the Alaska Judicial Council is a public agency, and its records are subject to disclosure under APRA. The suit also notes that the Judicial Council has obstructed the public’s right to access its records by simply ignoring AFL’s request.
AFL argues that the court can and should resolve this dispute.
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“Alaska law allows a requester to seek court-ordered production of records and, because no records have been produced, a real controversy remains,” AJC stated on Oct. 20. “
AFL is now urging the court to deny the AJC’s motion to dismiss and allow its lawsuit seeking the records to proceed.
“At every turn, the Alaska Judicial Council is dodging transparency,” said Emily Percival, Senior Counsel at America First Legal. “The AJC’s evasiveness calls into question whether Alaska’s judicial selections are truly objective, honest, and appropriate. AFL is fighting on behalf of Alaskans to ensure the AJC is held accountable.”
