Monday, July 21, 2025
Home Blog Page 335

Wacky in Washington II: Copper thieves undermine state’s electric car goals

By TJ MARTINELL | THE CENTER SQUARE

Washington state aims to have fast-charging electric vehicle ports every 50 miles across the entire span of its 2,633-mile road system, and 3 million total in both public and private charging ports.

However, these efforts to electrify the state’s transportation sector could be undermined by copper wire thefts that have already hit newly-installed charging stations in various locations, leaving the chargers unusable and costing taxpayers.

It’s a problem already noted by the Washington State Department of Transportation. According to the state agency, total wire theft on their properties has cost taxpayers $1.5 million since 2021.

“Drivers and taxpayers are the ones being ultimately harmed by these crimes,” a WSDOT webpage states. “Unlike private companies or members of the public who may be insured by commercial insurance companies, WSDOT is self-insured. Since there is no insurance company with which to file a claim, WSDOT losses are paid by taxpayers.”

Metal thefts isn’t a recent phenomenon. It was a big enough problem in 2007 for the Legislature to enact Senate Bill 5312, which increased penalties for those found guilty of stealing metals.

In a May 2023 WSDOT blog post, Sean Quin, social media lead for WSDOT’s Northwest Region, wrote that the agency is facing thefts like this on a daily basis.

“Not only is this theft costly to taxpayers, it also puts people at risk who have to make those repairs and the public loses critical infrastructure that helps traffic flow smoothly,” he wrote. “Despite the effort put forth by us and law enforcement, it’s no guarantee that our equipment will be protected from further damage or theft.

Copper wire thieves have also hit other public entities, including Seattle City Lights, which between March 2023-January 2024 had eight of its 13 stations subject to theft.

Puget Sound Energy has also experienced thefts. In March, a newly-unveiled $500,000 EV charging station in Sumner had wires stolen, making them unusable for EV drivers.

While the direct cost to taxpayers via WSDOT for metal thefts may not seem high, the thefts can cost the state in multiple ways. WSDOT also experiences metal thefts with its tolling operations, which cost them $440,000 in lost revenue annually. Additionally, the repairs every year are around $96,000. In five counties, WSDOT has invested $310,000 in security upgrades in the last biennium.

Although the 2007 state law upped the penalties for metal thieves, it’s still classified as “other” among crimes deemed “destruction/damage/vandalism offenses” in annual crime reports compiled by the Washington Association of Sheriffs and Police Chiefs.

However, as drivers transition more and more toward EVs and the state 2030 mandate banning sale of new fossil fuel vehicles takes effect, thefts of EV charging ports could have much greater implications for transportation infrastructure.

WSDOT says “it can often take several days if not weeks to make repairs to the infrastructure and replace the wiring due to delays in materials or availability of crews to go out and complete the work.”

While WSDOT says WSP “aggressively investigates these crimes as they risk public safety by disabling traffic signals and other devices,” WSP Captain Deion Glover wrote in an email to The Center Square that “many of these events occur in city or county areas, and the WSP does not track those crime rates.”

He added that although “WSP is always looking to reduce crime in all areas of the community … we do not have a specific plan to address copper wire theft at this specific time frame.”

The Center Square reached out to the state Electric Vehicle Coordinating Council’s co-chairs, but both were unavailable for comment.

Peltola fundraises on the backs of aborted babies

Rep. Mary Peltola and the Alaska Democratic Party have a message for Democrats: Abortion is her campaign currency this year.

Before, she was “sweet Mary.” She was all smiles during her first campaign for Congress.

Now, she’s going out with the angry message: “Stay the hell out of our exam rooms.”

Peltola, an abortion extremist who believes in up-to-moment-of-birth abortions, and her party sent a pro-abortion fundraising plea to her Democratic base last week. The edginess in the subject line was an effort to get people to open the email. But Peltola’s views do not line up with most Americans or Alaskans, as she is on the far edge when it comes to abortion.

 “My campaign in 2022 was centered around abortion rights and reproductive rights, and I’m working every day to protect these freedoms,” she wrote. Actually, it was centered on “fish, family, and freedom.”

“To me, reproductive choice is deeply personal – and I believe that DC politicians and the Supreme Court should stay the hell out of our examination rooms,” she wrote in her fundraising appeal.

The logic may extend to anything doctors and patients decide to do in the exam rooms of America’s clinics and hospitals. She is, by inference, saying all medical care should be deregulated.

The Supreme Court did not get into exam rooms, however. In fact, it liberated them from federal control when it undid Roe v. Wade and sent the decision about abortion back to the states. Each state now sets its own laws about abortion.

That’s not how Peltola sees it, however: “Unfortunately, my opponents disagree: They claim to support small government, but when it comes to abortion, they want the government to make decisions for women.”

“…the difference could not be more stark: I’m fighting to make sure DC politicians keep their hands off of our bodily autonomy, and my opponents are fighting for the opposite,” she wrote, and asked for money to help her stay in office for another two years.

The message was likely focus-group or poll-tested among the Democrat faithful, most of whom are pro-abortion. She’s going for the younger, angrier voter, catering to young women, who in Alaska are most supportive of abortion, hoping to make this an issue to cover her voting record against Alaska and her endorsement of Joe Biden.

Peltola actually doesn’t need the money for her campaign. She has raised more than five times what either Republicans Nick Begich or Nancy Dahlstrom have raised. But she’s shoring up her base with a message that she believes will work on them: Abortion all the way, with no restrictions at all.

David Boyle: Senate teams up with teachers’ union to kill student opportunities

By DAVID BOYLE

Alaska Superior Court Adolf Zeman’s decision to shut down the Alaska correspondence program created a firestorm among correspondence school parents.

Now the Alaska Senate is attempting to rewrite laws to limit correspondence schools’ parents the freedom to educate their children.

Senate Bill 266 is an effort to crush the current correspondence school program in which parents have enrolled more than 22,000 students.  The Senate, led by Sen. Loki Tobin and Sen. Bill Wielechowski, seems to have taken the lead from the NEA-AK in writing the bill.

Ironically, these two senators have most of the worst schools in the Anchorage School District. Why would they not want more public school opportunities for students in their districts? Wouldn’t these senators want their constituents’ kids to be able to attend a public correspondence program?

In its response to Judge Zeman’s decision, the teachers’ union has rewritten the State of Alaska’s regulations setting out the rules for correspondence schools.

It’s surprising how similar the language in the proposed senate bill SB 266 is to what the National Education Association-Alaska submitted to the judge for the rewrite of the regulations for correspondence schools. Some would call it plagiarism.

Here are some of the striking similarities comparing the NEA-AK regulation rewrite to SB 266:

NEA-AKSB 266
The correspondence school district must require students to participate in the statewide tests.  A mandate to parents. Mandates correspondence students take the statewide assessment test.  Requires correspondence school districts to provide the test scores of their students to the state.  Deletes the freedom of a parent to remove a child from the state’s statewide tests.  A mandate to parents. 
A parent may spend public funds to pay a private individual for tutoring in the fine arts, music, or physical education.  But that cannot be given by a private or sectarian educational institution.  Guess the state can pick and choose what is and isn’t “private”. A parent may use an allotment to pay a private organization for tutoring in fine arts, music, or physical education.  The state can determine what is a “private” educational organization.  But the parent cannot pay a private educational organization for tutoring in the core subjects such as math, reading, the sciences? 
A parent may not use the allotment to buy uniforms or physical education equipment.  That includes barbells, exercise mats and other small PE equipment. A parent may not buy physical education equipment.  That leaves out barbells, exercise mats, etc. 
4.  A correspondence program may not pay for, reimburse for, or provide money for: religious, partisan, sectarian, or denominational textbooks/materials; physical education equipment; items that are considered excessive by the school administrator; tuition, instruction, or any other expense from a religious or private educational institution.Student allotments cannot be used to pay for services or materials provided by a private or religious educational institution.Student allotments cannot be used to pay for religious, partisan, sectarian or denominational textbooks or other curriculum materials. Tutoring may not be provided by a religious or private educational institution. 

The NEA-AK goes to the extreme and mandates “The correspondence program must provide, and require parents to sign, a written statement that they understand, and will abide by, the requirements of the assessment program.” Whatever happened to freedom, privacy, and choice?

And the teachers’ union does not stop there. It wants transcripts of correspondence students’ courses that they paid for themselves!  Here is the quote from their emergency regulation rewrite: “A transcript that includes the source of any course taken by the student that was not offered or approved by the governing body of the district…and for which no public money was provided…”.

And SB 266 goes even further.  It requires correspondence school districts to provide demographic information on their students.

Parents cannot use their allotment funds to pay for testing by private organizations. A parent cannot pay Sylvan Learning Center or any other private educational organization for testing their child.  

Here’s the real kicker: Parents can no longer roll over their fund balances at the end of the school year. Their unspent allotment funds go back to the school districts to enrich their coffers.

Both SB 266 and the teachers’ union rewrite of correspondence school regulations want to shut down opportunities for students to learn outside the brick & mortar schools.  The education industry is losing thousands of students to the correspondence school programs. They also lose millions of dollars when a student goes from a neighborhood school to a correspondence school.

And when the education industry loses students, it loses power.  It loses control.

Here is one parent’s comment that summarizes the situation, “I’m wondering if that’s the plan. To make EVERYTHING but state curriculum to be from a “private organization” and not able to be used for allotment. A way to force people into the state curriculum”.

You can provide testimony to SB 266 on April 29 at 3:30 p.m. Here is a link to the bill.

David Boyle is an education writer for Must Read Alaska.

Portland State University rejects grants and gifts from Boeing after student and faculty demands over ties to Israel

18

Portland State University will pause accepting any more gifts or grants from the Boeing Co., bending to demands from faculty and students who object to the company’s manufacturing division, which makes components for weapons, and due to Boeing’s ties to Israel.

Boeing helped develop Israel’s Arrow 3 missile defense system, which protected the nation from hundreds of missiles launched by Iran earlier this month. The Arrow 3 system helped intercept all but a handful of drones and missiles during the onslaught. Iran and Palestinians are trying to wipe Israel off the map; Israel is standing its ground and fighting the Hamas terrorists in Gaza with the help of the United States.

Portland State University President Ann Cudd said her decision came in response to “the passion with which these demands are being repeatedly expressed” by members of the university community. The rejection of Boeing support may not be permanent, she said.

Boeing may welcome the rejection of its philanthropy. Its first-quarter revenues were down 8% year over year, since quality control issues have been a well-publicized issue for the company, which has also been criticized for adopting “equity” hiring practices, rather than focusing on quality. The matter has not been helped by the loss of a door plug during an Alaska Airlines flight in January, and subsequent failures of other Boeing jets in service. This past week, a Delta flight from New York City to Los Angeles had to turn back after its emergency exit slide detached in flight.

But the move by Portland State doesn’t relate to safety of passengers. It’s the growing anti-Israel and anti-semitic environment on college campuses that has fed into the decision. The squeaky wheel got the grease, as Cudd said her decision was because the voices on one side were so loud.

“Indeed, I have heard many students and faculty express that they would like to see PSU cut ties with the company. I initially found these demands confusing and arbitrary: PSU has no investments in Boeing but accepts philanthropic gifts from the company and, given that Boeing is a major employer in the region, many of our alumni work there. However, the passion with which these demands are being repeatedly expressed by some in our community motivates me, as a scholar of academic ethics and a university leader responsible for the well being of our campus constituents, to listen and ask additional questions,” Cudd wrote in her letter.

PSU will host a forum at which the demands “can be carefully framed and debated. We will organize a two hour moderated debate in May to include faculty and student voices. I will participate in the forum, representing the perspective of academic ethics. I want to share my thoughts on the matter and model the civil discourse and spirit of open inquiry that should guide any great university,” she wrote.

“In consideration of the strong feelings that have been expressed, PSU will pause seeking or accepting any further gifts or grants from the Boeing Company until we have had a chance to engage in this debate and come to conclusions about a reasonable course of action,” Cudd wrote.

Her letter also addressed to the on-campus pro-Hamas, anti-Israel demonstrations that have lately occurred at PSU and many other campuses around the nation.

“I have also heard concerns about how PSU responds to individuals engaged in protest during this fraught time and on this point I want to be absolutely clear. No one involved in a protest has been sanctioned for the content of their message. PSU has always been and will remain a place where free speech and academic freedom are treasured,” Cudd said.

“Our focus is on drawing a bright line between protecting freedom of speech and activities including discrimination, harassment, intimidation, property damage and assault. We have reasonable time, place and manner restrictions in place — these are community standards so that our university can continue to be a place for learning, teaching, working and living. We will continue to enforce our policies evenly for all campus events, including protest, and expect all of our campus community members to conduct themselves in ways that follow student and professional codes of conduct. This includes following all anti-discrimination and anti-harassment policies,” Cudd wrote.

Senate Finance chops dividend to $1,600; otherwise budget reflects House proposal for next fiscal year

What started out as a $3,300 Permanent Fund dividend for 2024, as proposed by Gov. Mike Dunleavy, has now been whittled to $1,600 by the Alaska Senate Finance Committee.

The committee has cut the proposed dividend by over 40% from the House of Representatives’ proposed version. The cut is also more than half of what Dunleavy set forth in his budget; the governor believes in following the formula that is written in Alaska law.

But the amount is not set in stone yet. The House of Representatives had settled on a $2,723 dividend, the Senate budget writers rolled out the $1,600 proposed dividend last week, and the final amount will be negotiated in “conference committee” at the end of the legislative session.

Dividends are sent out to qualifying Alaska residents each year as their share of the oil royalties, since subsurface rights in Alaska belong to the people. The amount is set by a formula in Alaska Statute, which has not been followed since Gov. Bill Walker broke the law in 2016 and cut the amount of Alaskans’ dividends in half. In 2019, the newly elected Gov. Dunleavy tried to restore the statutory formula but he is not allowed by law to add back money to the dividend, once the Legislature cuts it, which has happened every year since 2017.

The total operating budget for agency operations is set at $4.6 billion in state dollars in the Senate version. Adding in the federal dollars, the Senate budget is proposed to be nearly $12.8 billion. With the capital budget at $255.9 million in state spending and the Mental Health budget at $15.1 million, there is a $196.8 million surplus.

But that surplus may be eaten away by the more than $203 million in potential fiscal notes on things like House Bill 193 (Broadband), which has a cost of $39.4 million, and Senate Bill 170 (Senior Benefits) with a fiscal note of $23.5, as well as other fiscal additions; four unions are still negotiating salary adjustments, which could lead to 5% raises, totaling at least $26 million.

Gov. Dunleavy’s proposed budget, submitted to the Legislature in December, totaled $14.1 billion in state and federal funds, with a budget deficit of $987 million to be covered by a draw from the Constitutional Budget Reserve and the Statutory Budget Reserve.

The current Senate working version of the budget funds nearly 21,000 full-time state workers and one 2,300 permanent part time and temporary workers.

The Senate operating budget has, similar to the House version, a $175 million one-year extra funding for education, outside of the current Base Student Allocation funding formula.

The governor lost some items in the process. Legislators took out the Public Safety airplane the governor asked for and some of the public safety positions the governor wanted, for example.

The Legislature has 17 days left to finalize the budget, with the last day of session set at May 15.

Sullivan, MatSu women Republicans host unity kickoff party with new GOP Chairwoman Carmela Warfield, starring Sen. Dan Sullivan

“Let’s get this party started!” could have been the theme on Saturday in the MatSu Valley, as Sen. Dan Sullivan and the two Republican women’s clubs in the Mat-Su Valley hosted a celebration recognizing newly elected Alaska Republican Party Chairwoman Carmela Warfield.

About 100 people attended the “Unity Celebration” at MatSu Family Restaurant.

“This was opportunity for the party to do a little kick off with a pledge of unity and to really make statement, to come together, and what better place to do that than in the valley. Carmela is family as far as we’re concerned,” said Pam Melin, president of Valley Republican Women of Alaska.

Sullivan may have been the star guest for the event. But then came the unmistakable voice of Donald Trump: Sullivan had brought with him a recorded message from former President Trump, voicing support for Alaska and for Sen. Sullivan himself.

Sullivan in his remarks noted that President Joe Biden has now taken 63 executive actions against Alaska in three years — three more than he had when Sullivan developed the initial inventory of Biden’s adverse decisions back in January.

At this rate, the number of anti-Alaska actions by the Biden Administration is accelerating faster than Rep. Nancy Pelosi’s stock portfolio, someone in the room muttered.

The two clubs, MatSu Republican Women and Valley Republican Women of Alaska, raise money and volunteer for conservative candidates, and both have been supportive of Warfield in her campaign for party chair.

Kathy McCollum is the president of MatSu Republican Women and president of the MatSu School Board; she and Melin, who is elected to the Palmer City Council, have been working together build unity with conservatives in the Valley for many months.

“It was a fantastic continuation of the enthusiasm from the Republican convention. We are all so thrilled to be a part of helping our new chair, Carmela in her drive to bring unity to our party,” McCollum said.

“People are hungry for change and want to be part of it,” Melin said. “We have a job to do and that is to get our conservative candidates in. That’s what today was about, hoping others will follow along. We know the Anchorage Republican Women’s Club members feel the same way and I venture to say Fairbanks and Juneau do too.”

Sullivan repeated the comments of former British Prime Minister Margaret Thatcher, renown for the quip, “If you want something said, ask a man. If you want something done, ask a woman.” He noted the strong grassroots reputation that the Republican women’s clubs have in Alaska.

Sullivan also presented the Alaska Republican Party with a check for $5,000 as a show of support and unity.

Warfield spoke about how she has “hit the ground running this first week, going through leadership transition, putting together our committee chairs, putting plans in place for local pipelines of succession & preparing to train our grassroots activists, and how we are stronger, together.”

“I’m a proud and active member of both clubs, and they both came out for me very early and very strong,” Warfield said, of her landslide victory the week prior, when she was elected the new chairwoman in the final hours of the Alaska Republican Party state convention in Anchorage.

“I introduced Alaska’s good friend, Senator Sullivan, and mentioned the work he’s doing to push back on the Biden Administration and how Sen. Sullivan came out early to endorse President Trump,” Warfield said, who said she is proud to be a member of both valley Republican women’s clubs.

Spotted at the celebration were party officers:
• Carmela Warfield, State Chairwoman
• Ron Johnson, Region 2 Representative
• Casey Campbell, D29 Chair
• Carol Carman D29 Secretary
• Ryan Sheldon, D30 Chair
• Linn McCabe, D30 Bonus Vote
• Executive board members of both women’s clubs

Also attending were other political activists and leaders:

  • • Nick Begich, candidate for U.S House
    • Edna DeVries, Mayor MatSu Borough
    • Ole Larson, MatSu School Board member
    • Rob Yundt, MatSu Assemblyman & candidate for State Senate
    • Kathy McCollum, President MatSu Women’s Club and MatSu School Board member
    • Pam Melin, VRWAK President and Palmer City Council
    • Jubilee Underwood, MatSu School Board President and State House candidate
    • Stu Graham, Wasilla City Council
    • Bill Kendig, board member and candidate, Matanuska Electric Association
    • Tom Bergey, MatSu school board member, former board president

Numerous members of community councils were also in attendance. The youngest Republicans present were Nick Begich IV and John Warfield.

Fans of childhood innocence vote 33-6 for House bill that cuts porn access to minors

House Bill 254, which adds liability for those who publish or distribute pornography, passed the Alaska House this week and is now in the Senate.

Sponsored by Rep. Sarah Vance, it is targeting a growing crisis in which minors who are consuming pornography that targets them at a rapidly accelerating rate, which is adding to the scourge of human trafficking and exploitation of minors.

Signing on as co-sponsors were Reps. Ben Carpenter, George Rauscher, and Andrew Gray.

Voting against the bill were Democrat Reps. Ashley Carrick, Sara Hannan, CJ McCormick, Donna Mears, and Genevieve Mina, and Republican Rep. David Eastman. The measure has been sent to the Alaska Senate for consideration.

Sex workers oppose the bill, which they see as cutting into their future “Only Fans” customer base.

A letter from the Erotic Service Providers Legal, Education and Research Project, based in San Francisco, says that while sex workers understand the importance of protecting minors from adult content, parental controls are sufficient, and the workers are fearing that they’ll be put out of business. It also warns of the risk of legal vulnerability for individuals posting adult content due to online piracy and the potential for leaks of private information. Additionally, the letter expresses worries about the intrusion on privacy and the accumulation of personal identifying information by the state government or third-party databases. Overall, the letter urged lawmakers to vote against HB 254.

The Woodall Freedom Foundation, also known as Woodhull Sexual Freedom Alliance, also opposes the bill. The group advocates for sexual freedom as a fundamental human right: “Unfortunately, these bills are not only unconstitutional and a danger to consumer privacy, but they are also ineffective at preventing minors from accessing adult content. They are easily evaded through the use of VPNs (as more than 40% of minors already use the technology), have little impact on overseas and pirate sites, and fail to address adult content on search engines or social media where children are most likely to stumble upon it. In fact, these bills encourage the growth of explicit sexual content on non-adult sites,” the group wrote, without documentation.

Adult content creator Mattie Yukon also opposes the bill: “I am an adult content creator. I use my earnings from my adult content to support my subsistence lifestyle that was taught to me by my parents. If I lost this income I would replace it by traveling to engage in in person sex work in Fairbanks or Anchorage where serial killers like Brian Steven Smith target sex workers.”

Support for the bill, however, came from parents in side Alaska, who wrote to sponsors that Alaska’s children need legal protection from predatory porn producers.

The bill creates civil liability for any commercial entity that intentionally distributes pornography on the internet. Such a porn producer must use a commercially reasonable age-verification method to verify that a person attempting to access the pornography is 18 years of age or older. The bill can be read in its entirety at this link.

“I started with a promise to be a voice for the weak, for the voiceless, and for the vulnerable. Protecting kids from the material on the internet that can harm them for life is part of a continuing effort to keep that promise,” said House Judiciary Chair, Rep. Sarah Vance, of Homer.

With less than 18 days left in the current legislative session, it appears doubtful the Democrat-majority Senate will take meaningful action on the bill.

Two fall, one dies in Ruth Gorge climbing accident

A two-person team fell approximately 1,000 feet while climbing Mt. Johnson, an 8,400-foot peak located in Denali National Park and Preserve’s Ruth Gorge, on the night of Thursday, April 25. One of the climbers died in the fall, while the other sustained serious traumatic injuries.   

The roped climbers were ascending a route on Mt. Johnson known as “the Escalator,” a steep and technical alpine climb on the peak’s southeast face, the National Park Service said. The approximately 5,000-foot route involves navigating a mix of steep rock, ice, and snow.  

Update: The person who died was Robbi Mecus. According to Emily Russell of NCPR public broadcasting, “She was beloved in the Adirondacks and has been a role model in the queer and outdoor community here [in the Adirondacks.] Public broadcasting reports, “Mecus was a leader among forest rangers in the Adirondacks, serving as a ranger since 1999. She was part of hundreds of searches and rescues over her career…”

The fall was witnessed by another climbing party on the route, who alerted the Alaska Regional Communication Center at approximately 10:45 p.m. The reporting party then descended to the accident victims and confirmed one climber had died in the fall. The responders dug a snow cave and attended to the surviving climber’s injuries throughout the night.  

At 7 a.m. Friday morning, the park’s high altitude rescue helicopter pilot and two mountaineering rangers launched from Talkeetna. After an initial reconnaissance flight of the accident zone, a mountaineering ranger was short-hauled via long line to the awaiting climbers.

Together, the ranger and injured patient were short-hauled out to a flat glacier staging area, and then loaded into the helicopter for the flight to Talkeetna. The patient was transferred to a LifeMed air ambulance at the Talkeetna State Airport for further care. 

Later that morning, the park helicopter and two rangers returned to the accident site to recover the body of the deceased climber, however they were turned back due to deteriorating weather and increasing cloud cover. Park rangers will return to the site when weather conditions allow. 

The identity of the deceased climber is being withheld until family members are notified. 

Public hearing set for May 8 on Judge Zeman, who ruled against correspondence classes in Alaska

26

Alaska Superior Court Judge Adolf Zeman, who earlier this month ruled that the State of Alaska may not reimburse families for the correspondence studies of Alaska students, must stand for his first retention election in November. But there’s a process that starts much earlier that involves public input on his performance.

The Alaska Judicial Council takes public testimony on judges standing for retention and reviews the judges’ performance, then makes a recommendation to the voters on whether a judge should be retained.

On Wednesday, May 8, a public hearing on the all judges standing for retention in November will take place via Zoom, an internet-based meeting website.

The Judicial Council’s public hearing will begin at 4:30 p.m. via this Zoom link. Meeting ID: 863 2522 6382 Passcode: 072643.

Participants can phone into the meeting at 833-928-4610 to give their testimony.

Written comments are also accepted by the Judicial Council and will be shared with the judge only after the comments have been edited to remove information that might identify you. Use this email link below to send your comments: [email protected]

The list of judges standing for retention in 2024 is at this link.

Zeman may find headwinds in his retention after he ruled that the 24,000 Alaska students in correspondence school programs may not receive support from the state because that is, by his logic, considered “private school,” something he interprets as banned by the Alaska Constitution.

Correspondence programs that are reimbursed with public funds are approved and administered by school districts.

“This court finds that there is no workable way to construe the statutes to allow only constitutional spending, Zeman wrote. He said the state laws that allow reimbursements for books and materials for students using correspondence studies “must be struck down in their entirety.”

The judge did not consider that books and materials used in government schools are also purchased from private companies. His ruling could impact private tutors and specialists that are now used by districts to supplement classroom learning.

Zeman has had other controversial rulings since he was appointed by Gov. Mike Dunleavy in 2020.

In November, he ruled that a regulation was illegal when he reenacted a ban on personal use jet skis or personal watercraft in Kachemak Bay. Fish and Game had repealed the regulatory ban, but Zeman stepped on that authority and said jet skis are prohibited in the Fox River Flats and Kachemak Bay “critical habitat areas.”

Fish and Game is appealing the ruling, saying it makes no sense that it, as an agency, has the authority to ban the jet skis but doesn’t have the authority to lift the ban based on current science. But the judge thought that, rather than the state having the authority, the court now has the authority to regulate, saying that although skiffs may be used in the area, personal watercraft may not be used.

The Alaska Supreme Court will hear oral arguments on the appeal of Zeman’s ban on personal watercraft at 11 a.m. on July 31.

The state’s public notice requesting public comment on the personal watercraft regulation can be seen at this link from 2019.

Judge Zeman’s application to become a judge can be seen at this link.

On Zeman’s recent decision that recently raised the ire of homeschool and correspondence studies families, a coalition of families and affected education providers is forming to craft a constitutional clarification, so that students in Alaska can continue to use correspondence courses and have state support for those classes, said Bethany Marcum, state director for Americans for Prosperity Alaska.

In Alaska, to modify the state constitution, a simple majority vote of 50%+1 is required by the public. There is no direct path from the citizenry via the initiative process to change the Alaska Constitution; the Legislature must put forward the ballot question on behalf of the citizens.

Getting the Alaska Legislature to move on the issue may require a special session, as the regular session must end on May 15, and there’s not been a lot of progress on the question. Some legislators want to do a statutory “fix,” but the judge was clear that there can be no statutory fix to what he sees as a constitutional mandate.

The Alaska Judicial Council has a detailed explanation of the judge retention process and how to take part at this link.

As outlined by the Judicial Council’s website, about six months before the retention election, the council meets to discuss the information gathered for these judicial evaluations, and to decide whether each judge met performance standards during his or her most recent term in office. These performance standards, which are defined in the council’s bylaws, are:

  1. Legal Ability. The judge demonstrates knowledge of substantive law, evidence, and procedure, and clarity and precision in their work.
  2. Impartiality/Fairness. The judge demonstrates a sense of fairness and justice and treats all parties equally.
  3. Integrity. The judge’s conduct is free from impropriety or the appearance of impropriety, and the judge makes decisions without regard to possible public criticism.
  4. Judicial Temperament. The judge is courteous and free from arrogance, and the judge manifests human understanding and compassion.
  5. Diligence and Administrative Skills. The judge is prepared for court proceedings, works diligently, and is reasonably prompt in making decisions.

A judge may request an interview with the council before the council members vote on the retention recommendations. The council may also ask judges to speak with the council members during the final stages of the evaluation process. Judges may respond to concerns raised during the evaluation process and the council may conduct personal interviews with presiding judges, attorneys, court staff, and others about the judge’s performance.

At the conclusion of the process, the council publicly votes whether to recommend that each judge be retained in office, based on its determination that each judge either met or did not meet performance standards. Four votes by council members are necessary for the Judicial Council to recommend for or against the retention of a judge. The chair of the council — the chief justice of the Alaska Supreme Court — does not vote except when a fourth vote is required for council action, in the event of a 3-3 tie.

The Judicial Council then publicizes the results of its evaluations at least 60 days prior to the election, as well as provide them to the lieutenant governor for inclusion in the state’s Official Election Pamphlet.

Each Alaska voter household receives the Official Election Pamphlet, which includes a page summarizing the Judicial Council’s performance evaluation of each judge. The council also posts non-confidential materials compiled during the evaluations on its web site.