Opinions

Legislature should rein in the partisan Alaska Judicial Council

"Absolute power corrupts absolutely …" Unfortunately, that famous quote came to my mind when I thought about Alaska's Judicial Council. The Alaska Constitution established the council with the intent to conduct studies for improvement of the administration of justice in Alaska and to make recommendations to the Alaska Legislature and Supreme Court. However, over the past decades, we've seen the power of this body expand, as well as its involvement in partisan politics. The council's role has expanded to be an advocate for or against judges, with no apparent ethics oversight. The council's conduct is also troubling, as it appears to actively lobby for the nomination and retention of judges it likes and to lobby against judges it would like to replace. To me, based on its most recent actions, the Alaska Judicial Council does not reflect the values of most Alaskans and is no longer a credible body.

Why am I concerned? Let's look at what I believe are the council's more recent acts of unbridled partisanship in furtherance of a political agenda. In 2010, the council recommended that a judge who spent time in jail for a second DUI be retained. At the same time, the council railed against a judge who received acceptable to excellent scores based on concern of "constant friction" with other judges. The same year, the council recommended for the retention of an activist Alaska Supreme Court justice, ignoring the public concern of many Alaskans. In this case, it took a community organization to advocate against the Alaska Judicial Council's recommendation. The judicial council's filings with the Alaska Public Offices Commission show that the judicial council embarks on advertising sprees to support its recommendations and, in 2012, the council appeared to use state funds to lobby for the retention of a judge who was under attack by conservative groups. Alaska promotes its judicial system as "merit"-based but the actions from the council appear to be those of partisan politics.

So, what is the answer? The first step is to ensure this body is held accountable to the public by an ethics law that covers all members of the judicial council and the council's staff. The second step is to re-evaluate the expanded role of this body -- and to return the body to its initial constitutional borders. There is a delicate balance of power among the three branches of government. However, due to the partisan politics, the Alaska Judicial Council has wandered far off the path envisioned for it by the framers of the Alaska Constitution. During the last legislative session, Rep. Wes Keller introduced a House bill that would curtail the Alaska Judicial Council from engaging in partisan politics and focus it back on the duties provided by the Alaska Constitution. The law would have required the council to provide impartial and objective information to the public but not advocate for or against a judge. Although the bill failed to pass the Legislature last session, the issue needs to be addressed during the next legislative session, as it will help ensure that "absolute power" will not corrupt "absolutely."

I am optimistic that the Legislature can address the concerns that have plagued the Alaska Judicial Council over recent years. However, until there is change within the council, Alaskans should do their own research on judicial candidates up for retention and take the recommendations of the Alaska Judicial Council for what they appear to be -- elitist partisan opinions with the apparent goal of removing more conservative judges from the bench and retaining the more liberal judges.

John Harmon is principal of Lumen Christi High School and a former Fortune 500 corporate attorney.

The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.

John Harmon

John Harmon is an Anchorage educator and a former Fortune 500 corporate attorney.

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