Judicial Council traveling state to evaluate potential judges

BETHEL — The advice to Alaska's Supreme Court chief justice and the rest of the Alaska Judicial Council on Monday was both pointed and poignant:

Keep in mind the special circumstances of Bush Alaska and the kind of person who would mesh with places marked by hard living and poverty, where traditional languages often are spoken and people still live off the land and water.

The Judicial Council — three lawyers, three members of the public and the chief justice as the ex officio chairman — is traveling around Alaska to interview candidates for a number of open judgeships. It is holding public hearings as part of the process.

The council serves as a clearinghouse for judicial candidates. It evaluates candidates and nominates the two or more who are most qualified for each seat to the governor to make the final pick. It also guides voters on whether judges up for merit election should keep their seat.

At stake this time around: judgeships in Kenai, Nome, Dillingham and Bethel, as well as a slot on the Court of Appeals. Fourteen lawyers have put their names in for one or other — or all — of the Kenai and rural posts.

Judges are among the most powerful public officeholders in the state. They resolve business disputes. They sometimes take children from parents — forever. They end marriages. They decide who goes to prison and for how long.

The Yukon-Kuskokwim Delta has among the most serious socio-economic problems in Alaska, Bethel attorney Jim Valcarce told the Judicial Council at its courthouse meeting. Some people live in Third World conditions.

"A short distance from here you have people with huge problems and huge needs, and this court serves those people," Valcarce told the council.

In the Bush hub, he said, there's a disconnect.

"Bethel is a town that is incredibly segregated," he said.

It needs a judge who can make friends, who gets out in the community, who cares, Valcarce said. In some hubs, he said, judges and other important players are near transients who rush away every Friday and fly back by Monday.

Some who testified gave a plug for the only candidate who already lives in Bethel, District Court Judge Nathaniel Peters. He and his wife are invested in the community and are raising their children here, said Crystal Garrison, who has worked for the court system for more than 15 years and recently became recognized as a professional Yup'ik court interpreter.

"I've come across many judges during my time here. Some are easier to work with than others," she said. Peters listens to court clerks for guidance on smooth proceedings, Garrison said.

Ana Hoffman, Bethel Native Corp. chief executive, told the council that Peters earlier worked as a dedicated public defender. On the bench he has a "calm, confident and familiar style" that is reassuring, she said. "The courtroom can be an intimidating place to many people."

While Peters has embraced Bethel's rich culture, she said, that's not always the case.

"At times legal professionals view positions in Bethel as assignments to endure," Hoffman said.

Understanding Yup'ik culture, domestic violence dynamics, institutional racism — all those are important elements for a Bethel judge, the council was told.

Craig Stowers, chief justice of the Supreme Court, told the speakers he agreed with almost all they had to say.

"You're right," he told Valcarce. "We are brothers and sisters, one and all. We are not treated that way oftentimes by powers that be."

The court system is getting better, Stowers said. New judges undergo three years of training that covers some of the issues raised in Bethel, he said.

Council members, who volunteer their time, are working hard to ensure Gov. Bill Walker has good candidates to pick from, he said.

Over the weekend, the council was in Kenai. On Monday the group flew into Bethel on the early morning jet and was heading out on the late flight. On Tuesday the council was flying to Dillingham, and then Thursday the members plan to be in Nome.

"Each community has special needs and we need to understand those needs in order to pick the most qualified candidates for these offices," said Dave Parker, one of the council's public members and a retired Anchorage police lieutenant.

In Anchorage, some are concerned with the sheer volume of cases, Stowers said. On the Kenai, residents point to the destruction of heroin.

Judges can and should be active in their communities — to a degree, Stowers said after the hearing.

"This notion that repeatedly came up, that judges best serve when they are really connected to the community, is really important to the council," the chief justice said. "You have to know the community. You have to know the culture."

Judges can't discuss cases at the local coffee shop or get involved in politics. But they could go to church, play in a game of pickup basketball or help with a community need like literacy, Stowers said.

The public comments are one part of an evaluation system that also involves surveys of lawyers, intensive background checks and interviews.

At the end of the day Monday, the council voted to forward the names of two candidates to Walker for consideration: Peters, and Romano DiBenedetto, a Fairbanks magistrate judge.

There will be a slight delay, Stowers said. Walker has been diagnosed with prostate cancer and will be undergoing surgery this month. Once the names are sent to him, he must decide in 45 days. With so many judicial vacancies to fill, and medical treatment underway, that time constraint could have been a challenge for Walker, Stowers said. Walker interviews all nominees — something not all governors have done, Stowers said.

The council agreed to wait until Jan. 2 to officially transmit the names, the chief justice said.

Walker, in an emailed response to questions, called the appointment of judges "a great responsibility."

"My only litmus test for these individuals is whether they can carry out their judicial duties with a fair and open mind, deep knowledge of the law, and respect for their fellow Alaskans."

Two more Superior Court slots are opening up in Anchorage. The deadline for lawyers to apply for the Anchorage spots is Friday.