Alaska State Legislature
News From The House Majority

Jerry Ritter, Press Secretary (907) at 465-3804
State Capitol
Juneau, AK 99801
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Judging Those Who Would Judge

Cowdery Moves To Provide Legislative Oversight of Judicial Appointments

For Immediate Release: January 16, 1998 Contact: Rep. John Cowdery at (907) 465-3879

(JUNEAU) – Representative John Cowdery (R-Anchorage) today (Friday) filed a Joint Resolution to amend the Alaska Constitution so that the public and the legislature can have oversight of judicial appointments.

"The framers of the U.S. Constitution clearly did not want justices and judges to be subject to the passing political whims of the day," Cowdery said. "But the Alaska Constitution, by withholding any public oversight at all of either the three Bar Association appointees to the Judicial Council or of Supreme Court Justices and Appeals Court Judges, clearly goes too far in the other direction."

Currently, the six-member Judicial Council forwards a list of recommendations to the governor, who picks a name from the list. That person takes the oath of office without any further official input from either the Legislature or the general public.

Cowdery’s measure calls for a statewide vote to amend the Alaska Constitution so that the three members of the Alaska Bar Association who serve on the Judicial Council are approved by the Legislature prior to their appointment, as the three public members currently are. In addition, the Legislature would have to hold public hearings to approve the governor’s selections for the Supreme Court and Court of Appeals.

"Time and time again, as I speak with my constituents, I hear of their frustration with the judicial system and with what they see as judges writing laws themselves instead of interpreting laws made through the legislative process," Cowdery said. "But there’s not a whole lot they can do until years down the road when that judge comes up for a public confirmation vote. Under this measure, the public would have its deserved input right from the very beginning of the appointment process," Cowdery said.

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Broadcasters note: Actualities from Rep. Cowdery are available at 1-800-478-6540