Dunleavy will be asked to pick fourth Alaska Supreme Court justice

Alaska Supreme Court Justice Peter Maassen, seen present during nan 2023 State of nan Judiciary address. (Photo by James Brooks/Alaska Beacon)

A wave of retirements on nan Alaska Supreme Court is nearing its end.

On Friday, nan Alaska Judicial Council announced that it is accepting applications from attorneys and judges willing successful replacing Justice Peter Maassen, who will move 70 — nan property limit for Supreme Court justices — early adjacent year.

When Gov. Mike Dunleavy picks Maassen’s replacement from a database of finalists chosen by nan Alaska Judicial Council later this year, nan politician will person selected 4 of nan 5 judges connected Alaska’s precocious court.

Last January, Dunleavy picked Jude Pate of Sitka for nan precocious court. It was nan first clip since 1960 that a judge had been selected from a spot different than Anchorage, Juneau aliases Fairbanks.

The governor picked Dario Borghesan, a erstwhile adjunct lawyer general, for nan tribunal successful 2020. In 2021, he selected Anchorage Superior Court Judge Jennifer Henderson.

Justice Susan Carney, appointed by erstwhile Gov. Bill Walker in 2016, will beryllium nan only non-Dunleavy prime connected nan precocious court. She will not move 70 until 2031.

Maassen is nan state’s existent main justice, but dissimilar successful nan U.S. Supreme Court, nan main justness of nan Alaska tribunal is simply a domiciled that rotates among each 5 justices, pinch nan Alaska main decided by a ballot of nan court’s members.

Under nan Alaska Constitution, judicial vacancies are filled by a multi-part process. Applicants person until July 12 to taxable an exertion packet to nan Alaska Judicial Council.

That six-member sheet includes 3 nationalist members appointed by nan politician and 3 attorneys appointed by nan Alaska Bar Association.

The assembly will ballot successful November to prime a database of nan astir qualified candidates, and that database will beryllium sent to nan politician for last selection.

The Alaska Constitution requires judges to beryllium selected connected nan ground of merit and skill, alternatively than politics, and if nan assembly splits 3-3 connected an applicant, nan existent main justness casts a tie-breaking vote.

Republicans, including Dunleavy, person occasionally voiced dissatisfaction pinch nan system, saying they would for illustration to name Republicans, sloppy of nan council’s merit selection.

In 2021, Dunleavy asked for further Supreme Court nominees after nan council’s database grounded to see Kotzebue Judge Paul Roetman, a postgraduate of a Christian rule schoolhouse successful Virginia. 

The council’s bylaws do not let them to reconsider a database of nominees isolated from successful cases wherever a nominee becomes unavailable and leaves nan politician pinch less than 2 choices. 

Dunleavy picked from nan original database aft nan assembly declined to connection caller choices.

Nominees must person been a resident of Alaska for astatine slightest 5 years astatine nan clip of appointment, person actively practiced rule for astatine slightest 8 years and beryllium licensed to believe rule successful Alaska.

The assembly conducts a statewide study of attorneys and asks them to rank nan applicants connected their ineligible accomplishment and suitability for a spot connected nan Supreme Court. The assembly besides conducts a inheritance investigation, including criminal and in installments checks.

A nationalist hearing, including written and spoken input, will return spot successful November, assembly unit said successful Friday’s announcement.

The politician will person 45 days to make a last action erstwhile nan assembly picks nan database of nominees successful November. 

The eventual action will beryllium taxable to a statewide retention ballot successful nan 2026 wide election.