Teaser

Alaska court hears arguments in dispute over appointments

State Supreme Court considers whether governor appointments to boards, commissions and his cabinet.

By Becky Bohrer

Associated Press

The Alaska Supreme Court is considering whether Gov. Mike Dunleavy improperly kept in place appointments to boards, commissions and his cabinet after lawmakers failed to meet to consider the appointments.

Superior Court Judge Philip Pallenberg in February ruled that Dunleavy was prohibited by law from making recess appointments of the same people lawmakers had failed to confirm. The ruling came in a case brought against the Republican Dunleavy in December by the Legislative Council, which is made up of House and Senate leaders. State attorneys, on Dunleavy’s behalf, appealed the ruling.

The council argued that appointments presented by Dunleavy in early 2020 lapsed in December when lawmakers failed to act on them, though they said Dunleavy was free to reappoint a person who was declined when a new legislative session began. The current session started on Jan. 19.

Attorneys for the state argued that some provisions of law dealing with appointments were unconstitutional.

Dunleavy’s pick for Department of Revenue commissioner, Lucinda Mahoney, was among the affected appointees.

Janell Hafner, an attorney with the Department of Law representing Dunleavy, said Tuesday that the legislature “abdicated” its responsibility to render judgment in joint session on Dunleavy’s appointments. She said the case is about “whether the legislature can weaponize its own inaction and encroach on gubernatorial authority, making Alaskans pay the price for its own inertia.”

A filing with the court by attorneys for the state, including Hafner, said the Legislative Council’s position “permits the legislature to kneecap an administration without the accountability of a vote, frustrating the will of the electorate by impeding a governor’s ability to utilize the subordinates he or she needs to administer state affairs and oversee the delivery of essential services.”

Megan Wallace, an attorney for the Legislative Council, in arguments Tuesday said the state constitution is “silent” on what happens in the face of inaction. Without specific constitutional language to provide direction, “the legislature had the power to fill in the gaps,” she said.

Amid COVID-19 concerns last year, the Legislature passed a law allowing lawmakers to adjourn and take up confirmations later.

That law said if lawmakers didn’t act on the appointments either a month after an initial pandemic disaster declaration expired or by Jan. 18 — whichever was first — that amounted to them declining to confirm those people. The declaration ended on Nov. 15.

But Dunleavy, in a letter to legislative leaders on Dec. 16, said he viewed as valid appointees the Legislature had not acted to confirm. He said he would re-submit names of people who had not been confirmed and submit any new picks during the session that is now underway.

Pallenberg, in a written judgment, said the appointments Dunleavy presented to the Legislature during the 2020 session were not valid from Dec. 16 “until the time at which those appointments were, if ever, presented” by Dunleavy to the Legislature for the current, ongoing session.

The judge said he expressed no opinion about the ability of a person to contest the action of someone whose appointment “was not valid” during that period.

He also issued an order last month granting attorneys’ fees of more than $26,000 to the Legislative Council.

The lawsuit was brought under prior council leadership, which changed with the new legislative cycle.

House and Senate lawmakers traditionally meet to consider confirmations near the end of a regular session. Republican Sen. Peter Micciche, who took over as Senate president this session, told reporters last month that appointments would be addressed before lawmakers adjourn.

“We may have differences with the administration, but we’re not going to get in the way of their operations running smoothly either,” he said.

More in News

(Juneau Empire file photo)
Aurora forecast through the week of Dec. 22

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

Denali as seen in a picture distributed by the U.S. Geological Survey in 2015 when the nation’s tallest mountain was renamed from Mount McKinley. (National Park Service photo)
Trump vows name of highest mountain in U.S. will be changed from Denali back to Mt. McKinley

Similar declaration by Trump in 2016 abandoned after Alaska’s U.S. senators expressed opposition.

State Rep. Sara Hannan talks with visitors outside her office at the Alaska State Capitol during the annual holiday open house hosted by Juneau’s legislative delegation on Friday. (Mark Sabbatini / Juneau Empire)
A moving holiday season for Juneau’s legislators

Delegation hosts annual open house as at least two prepare to occupy better offices as majority members.

The U.S. Capitol in Washington, Dec. 18, 2024. The Senate passed bipartisan legislation early Saturday that would give full Social Security benefits to a group of public sector retirees who currently receive them at a reduced level, sending the bill to President JOE Biden. (Kenny Holston/The New York Times)
Congress OKs full Social Security benefits for public sector retirees, including 15,000 in Alaska

Biden expected to sign bill that eliminates government pension offset from benefits.

Pauline Plumb and Penny Saddler carry vegetables grown by fellow gardeners during the 29th Annual Juneau Community Garden Harvest Fair on Saturday, Aug. 19, 2023. (Mark Sabbatini / Juneau Empire file photo)
Dunleavy says he plans to reestablish state Department of Agriculture via executive order

Demoted to division status after statehood, governor says revival will improve food production policies.

Alan Steffert, a project engineer for the City and Borough of Juneau, explains alternatives considered when assessing infrastructure improvements including utilities upgrades during a meeting to discuss a proposed fee increase Thursday night at Thunder Mountain Middle School. (Mark Sabbatini / Juneau Empire)
Hike of more than 60% in water rates, 80% in sewer over next five years proposed by CBJ utilities

Increase needed due to rates not keeping up with inflation, officials say; Assembly will need to OK plan.

Gov. Mike Dunleavy and President-elect Donald Trump (left) will be working as chief executives at opposite ends of the U.S. next year, a face constructed of rocks on Sandy Beach is seen among snow in November (center), and KINY’s prize patrol van (right) flashes its colors outside the station this summer. (Photos, from left to right, from Gov. Mike Dunleavy’s office, Elliot Welch via Juneau Parks and Recreation, and Mark Sabbatini via the Juneau Empire)
Juneau’s 10 strangest news stories of 2024

Governor’s captivating journey to nowhere, woman who won’t leave the beach among those making waves.

Police calls for Wednesday, Dec. 18, 2024

This report contains public information from law enforcement and public safety agencies.

The U.S. Capitol on Wednesday. Funding for the federal government will lapse at 8:01 p.m. Alaska time on Friday if no deal is reached. (Kenny Holston/The New York Times)
A federal government shutdown may begin tonight. Here’s what may happen.

TSA will still screen holiday travelers, military will work without paychecks; food stamps may lapse.

Most Read