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Alaska Supreme Court justice vacancy (June 2021)
| Alaska Supreme Court |
|---|
 |
| Bolger vacancy |
| Date: June 30, 2021 |
| Status: Seat filled |
| Nomination |
| Nominee: Jennifer Stuart Henderson |
| Date: July 7, 2021 |
Alaska Governor Mike Dunleavy (R) appointed Jennifer Stuart Henderson to the Alaska Supreme Court on July 7, 2021.[1] Henderson succeeded Chief Justice Joel Bolger, who retired on June 30, 2021. Henderson was Gov. Dunleavy's second nominee to the five-member supreme court.
At the time of the vacancy, state supreme court justices were appointed by the governor from a list of two or more nominees compiled by the Alaska Judicial Council, under Alaska law.
Ballotpedia has compiled the following resources on the process to fill the Alaska Supreme Court vacancy:
- An overview of the appointee.
- A list of finalists recommended to the governor.
- A list of candidates who applied to the vacancy.
- An overview of the selection process.
- Noteworthy events that occurred during the nomination process.
- An overview of the court following the vacancy.
- An overview of the chief justice who left office.
- A list of other state supreme court appointments in 2021.
The appointee
- See also: Jennifer S. Henderson
Prior to her appointment to the supreme court, Henderson served as a judge on the Alaska superior court. She was appointed to the superior court in 2012 by former Alaska Gov. Sean Parnell (R). Her career experience also includes working as an assistant district attorney in Anchorage and as an attorney with the law firm of Farley & Graves. After law school, she served as a clerk for former Alaska Supreme Court Justice Warren Matthews.[1]
Henderson earned a J.D. from Yale Law School.[1]
Appointee candidates and nominations
Finalists
The Alaska Judicial Council recommended three finalists to Gov. Dunleavy.[2][3]
- Superior Court judge Dani Crosby
- Superior Court judge Jennifer Stuart Henderson
- Superior Court judge Yvonne Lamoureux
Applicants
The Alaska Judicial Council announced seven applicants for the state supreme court position.[4]
- Superior Court judge Dani Crosby
- Superior Court judge Jennifer Stuart Henderson
- Superior Court judge Yvonne Lamoureux
- Department of Law chief assistant attorney general Margaret Paton-Walsh
- Superior Court judge Paul A. Roetman
- Attorney Ben Whipple
- Superior Court judge Jonathan Woodman
The selection process
- See also: Judicial selection in Alaska
At the time of the vacancy, the five justices of the Alaska Supreme Court were each appointed by the governor from a list of two or more nominees compiled by the Alaska Judicial Council.[5]
New justices serve an initial term of at least three years, after which the justice must stand for retention in an uncontested yes-no election to remain on the bench. Subsequent terms last 10 years.[5] For more information about Alaska judicial elections, click here.
Alaska Judicial Council
- See also: Alaska Judicial Council
At the time of the vacancy, the Alaska Judicial Council ("AJC") was an independent state commission established by the Article IV, Section 8 of the Alaska Constitution. The AJC was responsible for screening applicants for judicial vacancies and recommending applicants to the governor for his or her consideration.[6]
The AJC had seven members: three lawyers appointed by the Alaska Bar Association, three non-lawyers appointed by the governor and confirmed by the Alaska Legislature, and the chief justice of the Alaska Supreme Court. The chief justice served as the ex officio chair of the council.[6]
Noteworthy events
Gov. Dunleavy requests new slate of nominees
On July 1, 2021, Gov. Dunleavy asked the Alaska Judicial Council (AJC) to reconsider its list of nominees to the Alaska Supreme Court and put forward a new slate of nominees to fill the vacancy. Dunleavy asked the council why Superior Court judge Paul A. Roetman was not advanced as a finalist.[7] Under the council's bylaws, it may not reconsider nominees that have been sent to the governor. Under state law, the governor is required to select an appointee within 45 days of receiving the council's list of nominees. For this appointment, the governor's deadline was July 11, 2021.[8] In a news conference on July 1, 2021, when asked what his plans were if the council did not provide a new slate of nominees Dunleavy said, “We will follow the constitution. We will follow the law.”[9]
In 2019, Gov. Dunleavy did not make a superior court appointment within the deadline mandated by state law. Dunleavy said the AJC's list of nominees was inadequate since it sent a list of three nominees for two vacancies on the court.[10] The governor's refusal to make an appointment was cited as a factor in an effort to recall him from office in 2019.[9]
Makeup of the court
- See also: Alaska Supreme Court
Justices
Following Bolgers' retirement, the Alaska Supreme Court included the following members:
| ■ Daniel Winfree | Appointed by Gov. Sarah Palin (R) in 2008 | |
| ■ Peter Maassen | Appointed by Gov. Sean Parnell (R) in 2012 | |
| ■ Susan Carney | Appointed by Gov. Bill Walker (I) in 2016 | |
| ■ Dario Borghesan | Appointed by Gov. Mike Dunleavy (R) in 2020 |
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 Chief Justice Bolger
- See also: Joel Bolger
Bolger joined the Alaska Supreme Court in 2013. He was appointed by Gov. Sean Parnell (R) to succeed Justice Walter Carpeneti. He became chief justice of the court in July 2018. As of his retirement, Bolger was the only justice to have served on every level in the Alaska state court system.
Before joining the Alaska Supreme Court, Bolger was a judge on the Alaska Court of Appeals from 2008 to 2013, the Kodiak Superior Court from 2003 to 2008, and the Valdez District Court from 1997 to 2003.
Bolger received his bachelor’s degree in economics from the University of Iowa in 1976 and his J.D. from the University of Iowa College of Law in 1978.
Other state supreme court appointments in 2021
- See also: State supreme court vacancies, 2021
The following table lists vacancies on state supreme courts that opened in 2021. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2020.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Alaska Public Media, "Anchorage judge Jennifer Stuart Henderson to be newest Alaska Supreme Court justice," July 8, 2021
- ↑ Alaska Public Media, "Alaska Judicial Council recommends three judges for state Supreme Court," May 26, 2021
- ↑ Alaska Supreme Court, "Press Release: Alaska Supreme Court Judicial Nominees," May 25, 2021
- ↑ Anchorage Daily News, "Seven apply for upcoming vacancy on Alaska Supreme Court," January 12, 2021
- ↑ 5.0 5.1 American Judicature Society, "Methods of Judicial Selection: Alaska," archived October 2, 2014
- ↑ 6.0 6.1 Alaska Judicial Council, "About the Council," accessed December 9, 2020
- ↑ Office of the Governor, "Letter to the Alaska Judicial Council," July 1, 2021
- ↑ Associated Press, "Alaska governor reignites fight over judicial picks," July 1, 2021
- ↑ 9.0 9.1 Anchorage Daily News, "Gov. Dunleavy wants new nominees for Alaska Supreme Court vacancy in latest dispute over judicial picks," July 1, 2021
- ↑ Anchorage Daily News, "Dunleavy bucks Alaska Constitution, refuses to fill vacancy on Palmer Superior Court bench," March 23, 2019
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Alaska • U.S. Bankruptcy Court: District of Alaska
State courts:
Alaska Supreme Court • Alaska Court of Appeals • Alaska Superior Court • Alaska District Court
State resources:
Courts in Alaska • Alaska judicial elections • Judicial selection in Alaska
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