Ruling has implications for Valley judicial election

PALMER — The Alaska Supreme Court has cleared the way for the council in charge of evaluating judges scheduled for retention votes to disseminate information prior to an election.

The decision handed down Aug. 8 and penned by justice Craig F. Stowers, has relevance in Mat-Su because, of the 14 judges up for retention votes this year, the Alaska Judicial Council recommended against retaining just one — William Estelle of Palmer. The council cites Estelle’s inaccuracy in filing paperwork to necessary to get his full salary.

The Supreme Court ruling was in a case dating back to 2010 when then-Anchorage District Court Judge Richard Postma was also flagged for non-retention. The council recommended voting against Postma because of abusive communications with staff and colleagues and “perceived mental health issues” according to media coverage at the time.

Citizens challenged the judicial council’s decision and the way it went about advertising it, calling it “virile partisanship” and alleging that to let a state agency take a position on a ballot measure “stifles the very foundation of democracy.”

They said the judicial council’s conduct was unconstitutional.

The Supreme Court disagreed. In his opinion, Stowers pointed out that the council was established in the constitution.

“While reasonable people may disagree whether it is good public policy to authorize a state agency to make recommendations to the public on how the public should vote, we defer to the Legislature to make this policy decision because the Alaska Constitution vests broad power in the Legislature with regard to the council,” Stowers writes.

A lower court judge had reached the same conclusion but barred the council from releasing any new information during the 60 days prior to any election. The Supreme Court said even this restriction, though, is too much.

“The statute does not distinguish between old and new information, or discuss the timeframe in which each type must be published; it simply states that the council must publish its information and recommendations at least 60 days prior to the election,” Stowers writes.

In other words, the statutes say that the information has to be put out at least 60 days prior to an election but doesn’t say the council can’t also say things about the election, even new things, after that.

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