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Alaska Supreme Court justice vacancy (February 2023)

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Alaska Supreme Court
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Winfree vacancy
Date:
February 6, 2023
Status:
Seat filled
Nomination
Nominee:
Jude Pate
Date:
January 20, 2023

Alaska Governor Mike Dunleavy (R) appointed Jude Pate to the Alaska Supreme Court on January 20, 2023. Pate succeeded Justice Daniel Winfree, who retired on February 6, 2023. Pate was Gov. Dunleavy's third nominee to the five-member court.[1]

At the time of the vacancy under Alaska law, the governor appointed a justice from a pool of names provided by the nominating commission. After occupying the seat for at least three years, the appointee would run in a yes-no retention election and, if retained, would serve a subsequent term of ten years.[2]

Ballotpedia has compiled the following resources on the process to fill the Alaska Supreme Court vacancy:

The appointee

See also: Jude Pate

Before his appointment to the Alaska Supreme Court, Pate was a judge for the Alaska Superior Court. Previously, he worked as a public defender. Pate earned a B.S. in journalism from the University of Kansas in 1989 and a J.D. from the Lewis & Clark Northwestern School of Law in 1993.[3]

Appointee candidates and nominations

Ballotpedia will post information on candidates and prospective appointees as information becomes available. If you know of information that should be included here, please email us.

Finalists

The Alaska Judicial Council nominated the following four finalists for consideration by Gov. Dunleavy.[4]

  • Superior Court Judge Dani Crosby
  • Attorney Kate Demarest
  • Attorney Aimee Oravec
  • Superior Court Judge Jude Pate

Applicants

The following seven candidates applied for the vacancy.[4]

  • Superior Court Judge Dani Crosby
  • Attorney Kate Demarest
  • Attorney Aimee Oravec
  • Superior Court Judge Jude Pate
  • Attorney Margaret Paton-Walsh
  • Superior Court Judge Paul Roetman
  • Attorney Holly Wells

The selection process

See also: Judicial selection in Alaska

The five justices on the Alaska Supreme Court are selected through the assisted appointed method. Each justice is appointed from a list of two or more nominees compiled by the Alaska Judicial Council.[5]

The initial term of a new justice is at least three years, after which the justice stands for retention in an uncontested yes-no election. Subsequent terms last ten years.[6] For more information on these elections, visit the Alaska judicial elections page.

Qualifications

To serve on this court, a justice must be:

  • a U.S. citizen;
  • a state resident for at least five years;
  • licensed to practice law in the state;
  • active in law practice for at least eight years; and
  • under the age of 70.[7][8]

Chief justice

The chief justice is chosen by a vote of the other supreme court justices and serves a three-year term.[9]

Vacancies

See also: How vacancies are filled in state supreme courts

The process of filling interim judicial vacancies is identical to that of filling ones that would occur at the end of a justice's term. The governor appoints a justice from a pool of names provided by the nominating commission. After occupying the seat for at least three years, the appointee runs in an uncontested yes-no retention election and, if retained, will serve a subsequent term of ten years.[10][11]

The map below highlights how vacancies are filled in state supreme courts across the country.


Alaska Judicial Council

See also: Alaska Judicial Council

The Alaska Judicial Council, also known as the AJC, is an independent state commission in Alaska established by the Alaska Constitution that plays a role in the state's judicial selection process.[12] The AJC has seven members, selected by both the governor and the Alaska Bar Association, and its chair is the chief justice of the Alaska Supreme Court.

Makeup of the court

See also: Alaska Supreme Court

Justices

Following Daniel Winfree's retirement, the Alaska Supreme Court included the following members:

Dario Borghesan Appointed by Gov. Mike Dunleavy (R) in 2020
Susan Carney Appointed by Gov. Bill Walker (I) in 2016
Jennifer S. Henderson Appointed by Mike Dunleavy (R) in 2021
Peter J. Maassen Appointed by Gov. Sean Parnell (R) in 2012

About the court

Founded in 1959, the Alaska Supreme Court is the court of last resort in Alaska. The Supreme Court hears appeals from lower courts and administers the state's judicial system. It has final appellate jurisdiction in civil and criminal matters. The current chief of the court is Susan Carney.

About Justice Winfree

See also: Daniel Winfree

Justice Winfree joined the Alaska Supreme Court in 2007. He was appointed to the court by Governor Sarah Palin (R).

Before serving on the state supreme court, Winfree spent 25 years in private practice. He started Winfree Law Office in 1996. He also worked as general counsel and executive director of the Greater Fairbanks Community Hospital Foundation. He served as president of the Alaska Bar Association's board of governors and of the Western States Bar Conference.[13]

Winfree earned a B.S. in finance from the University of Oregon in 1977. He earned an M.B.A. and J.D. from the University of California, Berkeley.[13]

Other state supreme court appointments in 2023

See also: State supreme court vacancies, 2023

The following table lists vacancies on state supreme courts that opened in 2023. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2022.

2023 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
California Supreme Court January 2, 2023 Patricia Guerrero Ascension August 10, 2022 Kelli M. Evans
North Dakota Supreme Court January 31, 2023 Gerald VandeWalle Retired January 9, 2023 Douglas Bahr
Alaska Supreme Court February 6, 2023 Daniel Winfree Retired January 20, 2023 Jude Pate
Delaware Supreme Court February 7, 2023 Tamika Montgomery-Reeves Elevated April 13, 2023 N. Christopher Griffiths
Oregon Supreme Court February 23, 2023 Adrienne Nelson Elevated August 16, 2023 Aruna Masih
Connecticut Supreme Court March 10, 2023 Maria Araujo Kahn Elevated September 1, 2023 Nora Dannehy
Florida Supreme Court March 31, 2023 Ricky Polston Retired May 23, 2023 Meredith Sasso
Hawaii Supreme Court March 31, 2023 Michael Wilson Retired October 23, 2023 Lisa M. Ginoza
New York Court of Appeals April 18, 2023 Rowan Wilson Ascension April 10, 2023 Caitlin J. Halligan
Hawaii Supreme Court April 22, 2023 Paula Nakayama Retired October 23, 2023 Vladimir P. Devens
Delaware Supreme Court May 1, 2023 James T. Vaughn Jr. Retired April 13, 2023 Abigail LeGrow
Arkansas Supreme Court June 21, 2023 Robin Wynne Death July 3, 2023 Cody Hiland
Missouri Supreme Court August 4, 2023 George Draper Retired September 12, 2023 Kelly C. Broniec
Tennessee Supreme Court August 31, 2023 Sharon Lee Retired February 2, 2023 Dwight Tarwater
Supreme Court of North Carolina September 8, 2023 Michael R. Morgan Retired September 11, 2023 Allison Riggs
Minnesota Supreme Court October 1, 2023 Lorie Gildea Retired August 23, 2023 Natalie Hudson
Minnesota Supreme Court October 2, 2023 Natalie Hudson Ascension August 23, 2023 Karl Procaccini
Missouri Supreme Court October 13, 2023 Patricia Breckenridge Retired October 30, 2023 Ginger Gooch
Idaho Supreme Court October 31, 2023 John R. Stegner Retired November 6, 2023 Cynthia Meyer
New Hampshire Supreme Court November 30, 2023 Gary Hicks Retired November 8, 2023 Melissa Beth Countway


See also

Alaska Judicial Selection More Courts
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Courts in Alaska
Alaska Court of Appeals
Alaska Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Alaska
Federal courts
State courts
Local courts

External links

Footnotes

  1. Alaska Public Media, "Dunleavy picks Sitka judge for Supreme Court, first justice in decades from small-town Alaska," January 23, 2023
  2. American Judicature Society, "Methods of Judicial Selection: Alaska," accessed October 2, 2014
  3. Alaska Judicial Council, "Application for Judicial Appointment," July 20, 2022
  4. 4.0 4.1 Alaska Beacon, "Alaska Judicial Council nominates four for upcoming vacancy on state Supreme Court," December 6, 2022
  5. Alaska Judicial Council, "Selection Law - Constitutional and Statutory Provisions Concerning Judicial Selection: Alaska Constitution Article IV, Section 5. Nomination and Appointment," accessed March 23, 2023
  6. Alaska Judicial Council, "Constitutional and Statutory Provisions Concerning Judicial Retention/Evaluation: AS 15.35.030. Approval or rejection of supreme court justice," accessed March 23, 2023
  7. Alaska Judicial Council, "AS 22.05.070. Qualifications of justices," accessed March 23, 2023
  8. Alaska Judicial Council, "AS 22.25.010. Retirement of Justices and Judges," accessed March 23, 2023
  9. Alaska Court System, "Court System Information," accessed March 23, 2023
  10. Alaska Judicial Council, "Constitutional and Statutory Provisions Concerning Judicial Retention/Evaluation: AS 15.35.030. Approval or rejection of supreme court justice," accessed March 23, 2023
  11. Alaska Judicial Council, "Selection Law - Constitutional and Statutory Provisions Concerning Judicial Selection: Alaska Constitution Article IV, Section 5. Nomination and Appointment," accessed March 23, 2023
  12. Alaska Constitution, "Judiciary," accessed July 14, 2021
  13. 13.0 13.1 Alaska Judicial Council, "Application for Judicial Appointment," June 25, 2007