Lawsuit seeking change in judge selections tossed

ANCHORAGE - A federal judge on Friday dismissed a lawsuit challenging how Alaska chooses its judges.

U.S. District Judge John Sedwick tossed the lawsuit with a brief order and said a written order would follow later.

The lawsuit sought an injunction stopping the Alaska Judicial Council from forwarding names to fill an upcoming vacancy on the Alaska Supreme Court. Justice Robert Eastaugh announced he will retire Nov. 2. The council took applications until May 28.

The lawsuit by Michael Miller, Kenneth Kirk and Carl Ekstrom challenged the state constitution, which specifies the governing body of the Alaska Bar Association will name three of the seven members of the Alaska Judicial Council. The council forwards names of judicial nominees to the governor, who must pick from the list.

The plaintiffs' lead attorney, James Bopp Jr., argued that procedure put too much power in the hands of one group.

Anchorage lawyer Jeff Feldman, arguing for the state, said there is no constitutional requirement for judges to be elected, or even for the people nominating judicial candidates to be elected.

He said lawyers should be involved in selecting judges because they have special expertise.

The lawsuit contended that Alaska's judicial selection process violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution by denying the plaintiffs the equal right to vote.

But Feldman said the rule of one-person, one-vote doesn't apply.

The seven members of the Judicial Council were named as defendants. The council is comprised of three lawyers appointed by the Alaska Bar Association Board of Governors; three non-lawyers appointed by the governor, and the chief justice of the Alaska Supreme Court.

Most council members attended the Friday hearing, including Chief Justice Walter Carpeneti.

"This is wonderful news," Carpeneti told the Anchorage Daily News after Sedwick issued his order.

Bopp indicated he would appeal Sedwick's decision.