Local judge could sit on state’s high court

Frontiersman

PALMER — A Palmer judge is one of two nominated to fill a vacancy on Alaska’s highest court.

Eric Smith, 55, has sat on the Superior Court bench in Palmer for 12 years. He was appointed under then-governor Tony Knowles in 1996.

“I’m honored by the nomination,” Smith said Friday.

When asked for further comment he declined, saying he felt uncomfortable, as a sitting judge, speaking to the media.

Joining Smith in the running for the seat is Anchorage Superior Court Judge Morgan Christen.

Christen came to the bench in 2002 and became presiding judge of the third judicial district, which includes Anchorage and Palmer, in 2005.

On Feb. 3, the Alaska Judicial Council chose Smith and Christen from a list of six attorneys and judges who applied to replace Justice Warren W. Matthews. Justice Matthews plans to retire on April 5, 2009. From the day the council made its decision, Governor Sarah Palin has 45 days to pick either Smith or Christen.

Wednesday, the Palmer courthouse was atwitter with the news. Superior Court Judge Beverly Cutler said everyone was excited to hear of Smith’s selection and spoke about it with attorneys between hearings.

In an interview last week, Cutler said that Smith applied a year and a half ago for a position on the Supreme Court but was not appointed. She also said Smith has a reputation around the courthouse as the go-to guy for legal insight into questions judges are struggling with.

The biographical statement he penned in applying for the job seems to bear that out. While Christen made mention in her statement of hobbies in addition to her work on the bench, Smith stuck strictly to his work.

“My special legal interests include the effective use of juries and methods of alternative dispute resolution.” Smith said.

In a questionairre he filled out in 2006 as he sought reappointment to his current position, Smith said one of the innovative things he’s done since he became a judge was allow jurors to ask questions of witnesses.

“This was a controversial topic until recently when the American Bar Association recommended that judges allow jurors to do so,” Smith wrote. “While some attorneys initially resisted this approach, almost every one has come to like it and appreciate it.”

Smith also spoke of mentoring District Court judges in Palmer and said he’s learned a lot himself while trying to help them work through thorny legal issues.

Judging from statistics the judicial council released, Christen will be tough competition for Smith as Palin evaluates the two.

The council surveyed attorneys about the applicants for the job, asking for rankings from 1-5 in categories such as fairness, professional competence, integrity, experience and temperament.

Christen and Smith stood head and shoulders above the other applicants, though Christen scored three or four tenths of a point above Smith in most categories.

The council said the rankings are just one of many factors they use in making a decision.

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.