Judge can't skip court date for drunken-driving sentence

Anchorage Judge Patrick McKay must be in the courtroom for the sentencing to occur, another judge ruled Friday.

McKay was preparing to take the bench in the Nesbett Courthouse to hear civil matters on Friday morning just as a status hearing on the criminal case against him was taking place at the Boney Courthouse.

McKay was ready to accept a plea deal and be sentenced Friday, even though he wasn't present in the courtroom, his lawyer, Ray Brown, told Juneau District Court Judge Keith Levy. The Juneau judge is presiding over McKay's case to avoid any conflicts for McKay's colleagues in Anchorage. Levy participated in Friday's hearing over the telephone.

"I don't think I've ever done the sentencing without the defendant there," Levy said.

Brown said court rules don't require it. McKay had signed a consent form allowing Brown's firm to appear in his absence for all proceedings other than a trial.

Levy asked whether procedures were different in Anchorage than in Juneau.

Jody Davis, assistant municipal prosecutor, said if defendants live in town, they come to court for their sentencing.

Levy said that's how McKay's case would be handled.

Brown said that McKay was trying to keep up with his responsibilities on the bench and was not trying to avoid appearing in court as a defendant.

"No one's suggesting that," Levy said.

A change of plea hearing was tentatively set for 3 p.m. on Oct. 30.

At Brown's request, Levy also directed McKay to be assessed by the Alcohol Safety Action Program.

One public notice of Friday's hearing indicated it was taking place in Juneau, though the court calendar correctly stated it would be taking place at the Boney Courthouse. Davis asked that the case be calendared out of Anchorage so that it's correctly listed.

McKay, who lives in Palmer, was pulled over the night of Aug. 27 on the outbound Glenn Highway. According to the charging document, a police officer saw his vehicle speeding in a construction zone. The officer saw signs of intoxication and a breath test showed that McKay's alcohol level was .157, the document says. That's nearly double the legal limit. The judge was arrested and taken to jail, then released on $500 bail.

The judge reported the arrest to the Alaska Commission on Judicial Conduct, which then opened a case. The commission is waiting for the criminal case to conclude to take any action, wrote Marla Greenstein, commission executive director, in an e-mail response to questions.

McKay, 57, has a prior drunken driving conviction stemming from a 1988 arrest. He served three days in jail and later disclosed that conviction when he applied for the judgeship in 2005.

"This was a life changing event -- and one that I would not be shy from sharing with others for their benefit," he wrote on his application.

Find Lisa Demer online at adn.com/contact/ldemer or call 257-4390.