Every election year around now my mother asks me whether she should vote for all the judges who are up for retention. And most years, like this one, I have the same answer: “Yes!” All of the judges up for retention have been vetted by the Alaska Judicial Council and all are recommended for retention.
Not everyone has a lawyer in the family, let alone a former Alaska attorney general who was intimately involved in the judicial selection process while in public service. Here is the short and sweet of what you should know.
First, as the Anchorage Daily News editorial board recently wrote, we have an excellent system for choosing judges in Alaska — one that we should all be proud of. When you travel to other states, I am sure you have noticed billboards advertising judges who want to be elected — judges who accept campaign donations and who are then expected to be impartial. Unlike other states where the selection of judges is purely political (and arguably open to corruption), Alaska has a rigorous merit selection process set forth in our constitution that includes input from all facets of our judicial system, including public input. Only after the Judicial Council names the “best available timber” from all the applicants does politics enter into the process in that the governor can select any person from the Judicial Council’s list. When I served under Gov. Bill Walker, he took this duty very seriously, interviewing every applicant and seeking the input of trusted advisers such as the attorney general.
So why is there a vote on judges at all? After having served for two to three years, a judge has to stand for retention, with additional retention votes in later years depending on what kind of judge they are. This allows the public to remove any bad apples. This is very rare; I can recall only one instance when the Judicial Council recommended that a judge not be retained by the public. Removal should also be used sparingly due to the significant economic cost to the state in replacing a trained and experienced judge. Thus, unless there is a recommendation to remove a judge, the default vote should be yes to retain a judge whether or not you have personal experience with them.
Having appeared in front of many of our judges — including those up for retention this year — I can attest that we have a very strong bench. As an attorney who regularly appears in court, I am proud of Alaska’s judicial selection process and have complete faith in the judges who are currently serving our collective public good.
Please vote yes for every judge up for retention this year.
Jahna Lindemuth is an attorney in private practice. She served as Alaska’s attorney general from 2016 to 2018.
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.