Anchorage attorneys sue over Dunleavy’s Wasilla Special Session

By
Suzanne Downing
-
23
238

Two attorneys in Anchorage say Gov. Michael Dunleavy was not authorized by the Alaska Constitution to call the Special Session in Wasilla.

They filed a lawsuit in Anchorage Superior Court on Monday. It was assigned to Judge Herman Walker. [Update: Judge Walker has recused himself and it has been assigned to Judge Josie Warton.]

Dunleavy called the Legislature into Special Session starting July 8, and set the location as Wasilla, as allowed by Alaska Statute.

But attorneys Kevin McCoy and Mary Geddes say that because most of the lawmakers didn’t go to Wasilla, the governor’s call is unconstitutional as the Wasilla group does not have a quorum, while the lawmakers who decided to meet in Juneau do have a quorum.

They say the governor has deprived Alaskans of a functioning legislature.

The lawyers, who are a married couple, asked for an expedited hearing. Geddes, a registered Democrat, was a project attorney at Alaska Criminal Justice Commission. McCoy is a retired U.S. magistrate judge and a registered nonpartisan voter.

Their lawsuit appears to rest on the argument that if something is not specifically addressed in the Constitution, then it is unconstitutional.

If the couple wins, then governors in the future will be forced to call Special Sessions in Juneau.

23 COMMENTS

  1. Hey Id10T Lawyers, the decision of the Legislators to go to Juneau is a violation of the Constitution, and as such invalidates anything they do.

  2. Nothing good happens in Juneau, unless your goal is fiscal insanity. Legislators who went to Juneau revealed their goal.

  4. The law is clear. The Governor under Alaska statute can call time and place for the legislature to meet. Nowhere does the statute give a basis allowing for a the legislature to unilaterally bum rush the mandate of the statute by choosing to gather in opposition of the location defined by the Governors call.

  5. Attorneys doing what attorneys do; is there any wonder that their “profession” is no longer respected? Stupid is as stupid does.

  6. Ed – This morning Judge Walker recused himself and Josie Warton was assigned. You are correct and I’ll update the story. – sd

  7. Soooo tired of these people who sue people out of office just because they don’t get their ‘pork’. Also, if we are going to fund post-secondary education, then we need to seriously put some rules down about indoctrination of political ideologies. Everyone that goes to college now seems to come out as some sort of antifa fanatic or socialist!

  8. total GARBAGE
    DERELICTION OF DUTY
    Dems gonna reap what they soe next election cycle
    pak your bags idiots
    ferry or no ferry
    GTFO of Alaska if you cant interpret basic fundamentals of state law
    feel our love in 2020 dipsticks

    • Bret, there is no doubt that you are a sweetheart here with your threats but please learn how to spell.

      • It’s probably better to address someone’s statement or let them sit in obscurity, rather than attack their spelling. It makes you look like a petty biased AH and just emboldens that person.
        Good job though, everyone thinks your super cool and smart and thinks he’s a super dumb idiot. Don’t embolden angry idiocy with smug pettiness, I’ll get off my soapbox now.

        • Josh, you may think Bret is full of “angry idiocy” but that is just in passing as your critique is centered on your opinion of my “smug pettiness.”
          And evidently my attempt at humor here got past you. Miranda picked up on it but you were more interested in your “soapbox.”

  9. I like their argument. “If something is not specifically addressed in the Constitution, then it is unconstitutional.” If the Anchorage Superior Court Judge agrees, then that means that the Constitution is not a “living” document. And many State laws and government departments are unconstitutional because they’re not specifically in the Constitution. If that’s what the lawyer’s argument is, then I support them. Unintended consequences…trickle down effects…

  10. Sounds like they have a weak argument to me. Is there a copy of their lawsuit posted in the interwebs anywhere?

  11. I know it shouldn’t suprise me that the stemic corruption in our state is not only rampant but also blatant, I mean it’s alaska. Furthest from dc and all, but come on to openly oppose our law, its right there in black and white. I thought we were at least more enlightened as a whole people. Not some low grade current federal administration monkeys who can’t seem to get behind the people.

  12. One of the major complaints against the British King in the U.S. Declaration of Independence was that

    HE HAS CALLED TOGETHER LEGISLATIVE BODIES AT PLACES UNUSUAL, UNCOMFORTABLE, AND DISTANT FROM THE DEPOSITORY OF THEIR PUBLIC RECORDS, FOR THE SOLE PURPOSE OF FATIGUING THEM INTO COMPLIANCE WITH HIS MEASURES.

    The City of Juneau is rather unusual, uncomfortable, and distant from the rest of the state all on its own, but Wasilla does not offer any easier access to public records, as far as I know, and a special session suddenly called in a different city is not appropriate unless a permanent move of the state Capitol is seriously contemplated.

    Legislatures should not depend on the Internet or electronic access to official public records.

  13. Hey, I have a sweet deal with the bloated budget and I want my money to be at the trough. They are trying to change my life. How can that be? I abhor change and I’m so mad I an thinking about making a sign to carry at some meeting.

    • And how do those lawyers think they have the standing to sue, pro se, over something that presumably affects all of us equally in the state?

      They are clogging the court system and trying to make a buck and line their own pockets by pointing out something somebody else did wrong —

  14. AND JERKOWITZ BLAMES THE STATE FAT CUT BUDGET ON THE ANCHORAGE CITY HOMELESS CRIME AND DISEASE!
    ? LOL

  15. AND SPEAKING OF DISEASE!
    WHO CLEANS AND SANITIZES THE LAWN WHERE THE CITY HAS FREE CONCERTS AND THE HOMELESS PEE, POOP, VOMIT, BLEED AND LEAVE DIRTY NEEDLES EVERY NIGHT? ?

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