Judicial integrity: An Alaska perspective

Yes, this is about the nomination of Judge Kavanaugh to be a justice on the U.S. Supreme Court. My comments come from almost 30 years of appearing almost daily in front of Alaska judges — mostly Alaska federal judges — but I started my career in front of our state court judges and have been in front of many visiting federal judges from districts in the Lower 48.

Honesty, integrity, fairness and a demonstrated impartiality and freedom from bias are the cornerstone of our judicial system. I cannot stress the importance of this principle enough. Our judicial system is one of the cornerstones of our democracy. A system that has always been admired and looked up to as a shining example of what our country represents. From my three decades of experience, I can tell you that Alaska judges do their best to deliver this principle every day.

In those decades of appearing in front of our federal judges, I can tell you I have agreed with their rulings, strongly disagreed with their rulings at times, been impressed, frustrated and probably had every other emotion. But one thing I have never experienced was concern about bias for or against myself or my client (the government) — or defense counsel and their clients (the defendants). I have always walked into court knowing all parties would be treated with respect and our arguments listened to with an open mind.

[Read many more opinions on the Kavanaugh nomination – letters, local columns, national columnists]

Our federal judges have been appointed by presidents from both major parties. Despite the political appointment process, I cannot point to a single decision over the years that I felt was determined by political ideology or expressed bias for or against a group or individuals. Indeed, I have no idea the personal ideology or leanings of our judiciary. This is also true of the state judges, in front of whom I started my career. The bar poll used to provide information for both state and federal judgeships all ask the participants to comment on integrity, fairness and judicial temperament. I cannot imagine a judge being recommended by our senators (federal) or appointed by our governors (state) who would not pass this bar review with flying colors.

Now I turn to Judge Kavanaugh. I will put aside the sexual assault allegations for purposes of this piece. I want to focus on his honesty, integrity and judicial temperament. Our U.S. Supreme Court is our highest court, the court that should set an example for every other court in the country. Judge Kavanaugh simply does not live up to the character and judicial qualities exhibited by every one of our Alaska judges daily — qualities that must be the hallmark of all Supreme Court Justices no matter what party appoints them.

First, honesty. There simply is no question at this point that Judge Kavanaugh has not dealt honestly with Congress. It is not that he drank and partied as a student that matters, it is that he has repeatedly lied about his drinking and behavior in those days. It is not that he helped vet a controversial judicial nominee while serving as one of President George W. Bush's White House lawyers, it is that he denied his level of involvement under oath. Other examples abound. Statements given under oath matter. No candidate for federal office, no less a Supreme Court Judgeship, should ever be considered where truthfulness under oath is in question. We are talking about the highest court in the land — truthfulness matters.

Second, there is the matter of integrity, impartiality and judicial temperament. Judge Kavanaugh has demonstrated an unprecedented and absolutely disqualifying level of bias and lack of impartiality and essential judicial temperament. In his recent Senate appearance, he engaged in incredibly partisan attacks. He accused Democrats of a "calculated and orchestrated political hit, fueled … with revenge on behalf of the Clintons." He warned that their "coordinated and well-funded effort … will not drive him out." He threatened, "what goes around comes around." No Alaska judge who ever made such statements would ever be recommended or appointed to the bench. No person should ever be confirmed to any court in the country, much less the highest court in the land, having made such statements and having demonstrated such lack of character.

The president of the United States is entitled to select a nominee of his choice. He is entitled to look for a nominee who he may hope reflects his values and/or ideology. However, the nominee must be qualified not only by academic ability but also by judicial character. Judge Kavanaugh is not qualified to serve this country on its highest court. His nomination should be withdrawn and another qualified candidate put forward.

Karen Loeffler served as United States attorney for the District of Alaska from 2009 through March 10, 2017. Prior to that she was an assistant U.S. attorney in the office for more than 20 years. Ms. Loeffler began her prosecutorial career as an assistant district attorney in Anchorage.

The views expressed here are the writer's and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.