News from Senator Loren Leman
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Leman Responds to "State of the Judiciary" Address

For Immediate Release: February 25,1998 Contact: Senator Loren Leman, at (907) 465-2095.

Juneau – Responding to the annual "State of the Judiciary" address by Alaska Supreme Court Chief Justice Warren Matthews, Senator Loren Leman (R-Anchorage) stated in remarks on the Senate floor that the Alaska court has so often "missed the mark" on major decisions that legislative involvement in the judicial appointment process is warranted.

"It’s no small wonder the people have lost confidence in the judiciary when the courts go beyond merely interpreting laws and actually begin legislating from the bench," Leman commented. "I have great respect for the court as an institution. But the Alaska Supreme Court has undermined self-governance by expanding into policy areas that are the proper domain of the legislature."

Leman cited the court’s 1997 decision in the case of Mat-Su Coalition for Choice v. Valley Hospital Association as a good example of the court legislating from the bench: "When the board of Palmer’s Valley Hospital voted in 1992 not to offer abortions, they were acting within their rights because a 1970 law passed by the Legislature specifically says that hospitals do not have to permit abortions," Leman noted. "Incredibly, the Court struck down that law as ‘unconstitutional’ on the specious grounds that it violated the ‘right to privacy’ clause in the state constitution. The clear legislative intent of the privacy clause was to prevent misuse of computerized information systems. It had nothing to do with abortion, but the Court has once again ignored intent and imposed its views on the rest of us. As a result, Valley Hospital is being forced to offer abortions, in violation of the beliefs of its directors, employees, and members."

Senator Leman stated that legislative confirmation of appointees to the Supreme Court and Judicial Council, as called for in House Joint Resolution 47, would be a good first step toward ensuring the court respects the values of mainstream society. "Chief Justice Matthews urged the Legislature not to change the system for selecting judges, but the court’s continued intrusion into the Legislature’s responsibilities invites us to scrutinize them more carefully. Federal judges must be confirmed by the U.S. Senate. State judges should go through the same process," Leman said.

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= Loren Leman, 60 K