Dunleavy violated Alaska Constitution with appointment to judge-picking board, lawsuit alleges

ANCHORAGE, Alaska (KTUU) - A group that advocates in favor of Alaska’s nonpartisan judicial system has filed a lawsuit against Gov. Mike Dunleavy, alleging that he illegally appointed a member to the board that nominates candidates for the state’s judicial vacancies, according to James Brooks with the Alaska Beacon.

The suit, filed Wednesday in Anchorage Superior Court by Alaskans for Fair Courts, claims Dunleavy violated the constitution and state law when he picked John W. Wood — also named as a defendant — for a public seat on the Alaska Judicial Council.

Under the state constitution, the council consists of three non-attorneys picked by the governor and three attorneys selected by the Alaska Bar Association. In addition, whoever holds the office of chief justice of the Alaska Supreme Court sits as the council’s chair.

The council accepts applications for judicial vacancies, vets those applicants for merit using nonpartisan metrics, then submits a list of nominees to the governor for final selection.

Wood was picked for a non-attorney seat on the board but is a former attorney, making him ineligible to serve, the suit alleges. In addition, the suit says Wood is ineligible because he held a “position of profit” with the state when appointed in May.

State records show Wood has served as a state contractor, receiving more than $132,000 this year. The most recent payment is listed as June 6.

Alaskans for Fair Courts also claims that Wood is ineligible because he has not been confirmed by the Legislature.

Wood was appointed during this year’s legislative session, but after lawmakers had voted on confirmations for the year, the suit claims, meaning that Wood’s appointment should not be considered a recess appointment subject to confirmation next year.

“If the governor were to appoint a (judge) nominee selected by a judicial council that is not properly constituted … the resulting legal deficiency … could subject actions taken by the new judge to challenge by litigants,” the suit claims.

It asks that the Anchorage Superior Court issue an order declaring that Wood is ineligible, and that his appointment is void.

In a written statement, Attorney General Treg Taylor said the state hasn’t yet been served with the lawsuit and can’t comment on the merits.

About the timing issue, Taylor said, “The Governor has the ability to appoint three members to the Judicial Council, and the Alaska Bar Association appoints the other three members to provide a 50/50 balance on the Council. The Council then nominates judges for the Governor’s selection with any ties on the Council being broken by the Chief Justice. It is important that the Council have this balanced perspective as it moves forward with its work. Having to wait almost a full year before seating a Governor’s appointee, as the Alaskans for Fair Courts argues, upsets that balance and doesn’t seem so fair.”

Dunleavy has seemingly violated the state constitution’s judicial nomination process before.

In 2019, he failed to appoint a judge under the timeline required by the constitution, which was part of the basis of a failed attempt to recall him from office. In 2021, he called for the council to add a nominee in addition to the three it had forwarded to him for a seat on the Supreme Court. The constitution does not allow governors to appoint someone from outside of the council’s list of nominees. He ultimately did by the constitutional deadline in that instance.

This story was republished with permission by the Alaska Beacon

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