Alaska judges appear headed for retention

All Alaska judges on the ballot appeared to be heading for retention as preliminary election results began to come in Tuesday night, though some by slimmer margins than others.

As of Wednesday, Anchorage Superior Court Judge Adolf Zeman, who faced an active campaign to unseat him, was on a narrow track to be retained with 52.8% in favor compared to 47.2% against retention, with all precincts reporting in the Third Judicial District, which includes Southcentral and Southwest Alaska.

All of the other 19 judges on the ballot were heading toward retention with wider margins, including Alaska Supreme Court justices Dario Borghesan and Jennifer Henderson, Alaska Court of Appeals judges Marjorie Allard and Timothy Terrell, and additional Superior and District Court judges.

Alaska judges are appointed through a process involving the Alaska Judicial Council but must stand for retention in an election every four to 10 years, depending on which court they serve on.

Historically, judicial elections have been quiet, and judges have only very rarely been recalled. But in recent years, activists have taken aim at judges who issued unpopular rulings, striking back with organized campaigns.

The grassroots campaign against Zeman stemmed from a March ruling in which the judge ruled an Alaska law that allowed cash payments to homeschooling families violated a constitutional prohibition against using public money to fund private education. The Alaska Supreme Court later reversed the ruling, sending it back to Zeman’s court for further hearings. The case is still active.

Zeman was appointed in 2020 by Gov. Mike Dunleavy.

Ultimately, the results show Alaskans continue to want appointed judges on the bench, said Donna Goldsmith of Alaskans for Fair Courts, an organization that says it educates about the judicial retention process and advocates for judges up for retention.

“Despite the best efforts of those who hoped to remove judges based on ideology, the votes thus far reflect that Alaskans voted to retain their judges,” she said.