Gov. Mike Dunleavy speaks at a news conference on Jan. 31, 2025. (Photo by Corinne Smith/Alaska Beacon)
Alaska Gov. Mike Dunleavy on Friday proposed a constitutional amendment that would give future governors more latitude when picking judges for the Alaska Court System.
If adopted by the Legislature, the amendment would be subject to a statewide vote in 2026. If adopted by voters, it would take effect after Dunleavy leaves office.
The draft amendment, known variously as House Joint Resolution 12 and Senate Joint Resolution 13, would reduce the role of the nonpartisan Alaska Judicial Council in the judge-picking process.
The council, which consists of three public members chosen by the governor and three members of the Alaska Bar Association, collects applications whenever there’s a judicial vacancy.
The council considers those applications and picks the most qualified people for a shortlist of nominees. If there’s a tie on a particular nominee, the chief justice of the Alaska Supreme Court casts the tiebreaking vote.
The list of finalists, which must include at least two people, is sent to the governor, who makes the final selection.
If the governor’s constitutional amendment were adopted, the council would no longer be able to pick a short list of finalists based on their merit.
Instead, the council would be required to forward every applicant, as long as they met the state constitution’s minimum requirements.
In a statement, the governor’s office said, “This resolution, if adopted by the people of Alaska would compel the Alaska Judicial Council to send all names of prospective judge candidates to the governor for the purpose of selecting judges for openings.”
No hearings have yet been scheduled on the governor’s amendment proposal, which was introduced Friday.
Dunleavy has previously expressed frustration with the judicial selection process.
In 2019, after expressing unhappiness with his options for a Palmer Superior Court vacancy, he did not follow state law, violating the timeline to fill the vacancy. The governor ultimately made a pick, but his violation served as one of three grounds for the unsuccessful campaign to recall him from office.
Two years later, Dunleavy asked the Judicial Council for more options to fill a vacancy on the Alaska Supreme Court. The Council declined to modify its list of nominees, and Dunleavy picked from the original list.
A year later, conservative Republicans made the state’s judicial selection process a key part of their campaign to amend the Alaska Constitution.
That fall, voters were asked whether they wanted to convene a constitutional convention, and those urging a “yes” vote said they felt the Judicial Council held too much power and prevented the governor from approving the conservative nominees he wanted.
On that constitutional question, Alaska voters rejected the convention by more than a 2-to-1 margin.
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