The Alaska Judicial Council is recommending that voters this November turn down a District Court judge who is under investigation for ethics violations.
The Council is recommending that all Alaska judges up for re-election be retained by voters except for Anchorage District Court Judge Richard Postma.
"Judge Postma has lacked patience, dignity, and courtesy in his communications which has contributed to constant friction between Judge Postma and other judges, court administrators, and court staff," the council said in a prepared statement. "Judge Postma has a tendency to lose his temper."
Postma, who is fighting the ethics charges, released his own statement Tuesday criticizing the council's decision. He said he has not had a chance to respond to all of the evidence against him or to respond to his accusers. That will occur in December when the ethics case against him is reviewed in a hearing by the Judicial Conduct Commission.
"The unique aspect of my situation is that I have not violated any law and misbehaved on the bench -- typically the type of conduct one sees when the Council makes such a vote," he said.
The complaint against Postma, 44, said he had a mental illness. But he says his problems with the court system began when he brought up concerns about prejudice against him by certain court employees. Postma is Hispanic.
"Ever since raising my concerns about possible discrimination, I have been essentially retaliated against, labeled and dismissed," he said.
The Alaska Judicial Council says that while Postma has performed acceptably on the bench, the problems lie with his relationships with other judges and court staff.
There are 10 District Court judges in Anchorage. They mostly handle misdemeanors, search warrants and smaller civil cases.
Postma became a judge in 2007. The Alaska Supreme Court will make the decision whether to reprimand him -- but they may not get that opportunity if voters reject him first.
"In terms of a judicial disciplinary case, this is very unusual, if not unprecedented," said Postma's attorney, Thomas Van Flein. "My concern is making sure the truth comes out and Judge Postma gets a fair hearing and a chance to confront his accusers."
Among the judges who are up for re-election whom the Alaska Judicial Council recommends retaining is Anchorage Superior Court Judge Patrick McKay, who was publicly reprimanded in March by the Alaska Supreme Court after he pled no contest to drunk driving.
Find Megan Holland online at adn.com/contact/mholland or call 257-4343.
By MEGAN HOLLAND
mholland@adn.com