By DAVID IGNELL
Many of us fighting for judicial reform in Alaska were disappointed by the result of the constitutional convention vote (Ballot Measure 1). Our efforts didn’t go to waste. We established some very important truths to build on.
The political bias of our judicial council system was exposed. Older Supreme Court rulings that defied our Constitution were brought back into focus. Numerous voters throughout the state expressed their disgust with our rogue judges.
We traced a whopping $4.4 million opposing judicial reform back to leftist organizations in Washington, D.C. We heard the hypocrisy of this dark money, scaring us into a “No” vote by the fear of …. dark money. We recognized the need to become better organized.
We learned the “bipartisan support” touted by Defend Our Constitution is very fragile. Questions asked of some entities regarding the appropriateness of their endorsement of Defend Our Constitution went answered. We drew our opposition into the spotlight of truth and now they have nowhere to hide.
Our next opportunity for judicial reform is to push for a constitutional amendment originating in the Legislature this winter. We will be most effective mobilizing now.
A critical truth was revealed to the public on Oct. 29 by former Lt. Gov. Loren Leman during a constitutional convention debate hosted by Alaska Public Media. Leman focused our attention on a candid admission said to him over 30 years ago by a Democrat leader in the State House – that the Democrat Party will always control Alaska’s courts because of the way we select judges.
Another important truth was revealed to the public on Oct. 27 by former Sen. John Coghill, one of the Defend Our Constitution co-chairs, during his debate with Bob Bird on the Talk of the Kenai radio show.
In response to Bird’s assertion that the Alaska Judicial Council is damaging justice, Coghill admitted “it is true”, adding it is “too much like a cartel.” His labeling the council a “cartel” was no accidental slip of the tongue. Coghill not only repeated the word, but he concluded by saying if the Alaska people want to change the way we select judges, he’s with us.
These truths should outrage every Alaskan legislator, whether Republican, Democrat, or independent. A cornerstone of any healthy democracy is a judiciary free from political persuasion. Judges are required to rule on the law and the facts before them, nothing else. They are required to suppress their own political views to uphold the law. There’s no room for any reasonable debate on this issue.
The American College of Trial Lawyers puts it like this: “The concept of judicial independence, that judges should decide cases, faithful to the law, without ‘fear or favor’ and free from political or external pressures, remains one of the fundamental cornerstones of our political and legal systems, both federal and state.”
The fact we have a cartel controlled by the Democrat Party running our judiciary should offend every Alaskan who believes in democracy.
Every legislator associated with the Democrat Party should be thoroughly embarrassed. They should make it their top priority to cooperate with their Republican and Independent colleagues to rid ourselves of this partisan judiciary holding themselves above our Constitution.
Alaskan citizens should accept nothing short of the following results in the first few months of the upcoming legislative session, by unanimous vote:
- 1) Per Article XIII, Section 1, a proposed constitutional amendment to change our system of selecting judges, which is then brought to the people for ratification at the next general election;
- 2) Per Article IV, Section 15, changes to court rules necessary to unwind the damage done by our partisan judiciary for the last 35 years, starting with their outrageous decision to suppress grand jury reports through unconstitutional Criminal Rule 6.1; and
- 3) Making reparations to citizens harmed by this partisan political parade, starting with Thomas Jack, Jr. of Hoonah, an innocent person who has been incarcerated the last 12 years because of judicial shenanigans.
In the coming weeks, we can better inform voters and legislators by further exposing judicial lawlessness. Batting first is Bess v. Ulmer, a horribly flawed decision in 1999 by our non-elected, partisan Supreme Court judges who elevated themselves above the law. They shredded the intent of our founders and illegally prevented our elected Legislature from proposing Constitutional amendments to the people.
Batting second is Supreme Court Order 938 adopting Criminal Rule 6.1 to suppress grand jury reports detailing government misconduct, and their subsequent holding in O’Leary v. Superior Court. Batting third is our judiciary’s blessing of multiple violations of the Constitution and ethical rules in Thomas Jack’s wrongful conviction.
Let’s get to work ridding ourselves of our partisan Alaska Judicial Council and their outlaw judges. Let’s organize to restore a healthy democracy and compel our legislators to act appropriately.
David Ignell is a forensic journalist, at www.poweredbyjustice.com, where he promotes public advocacy and justice for all Alaskans.
