In some parts of the world, it's already Outer Alliance Pride day

Posted on Mon, 31 August 2009 by Mel Green

It’s still August 31 in Anchorage, but in some parts of the world — most of it by now, in fact — it’s already Outer Alliance Pride Day.  That means that around the world, Outer Alliance members are already posting excerpts from their fiction, opinion pieces, and other writings related to the Outer Alliance pledge, which reads:

As a member of the Outer Alliance, I advocate for queer speculative fiction and those who create, publish and support it, whatever their sexual orientation and gender identity. I make sure this is reflected in my actions and my work.

Since I live in one of the last time zones to experience September 1, my Pride Day post will be one of the last posted — to be exact, at the stroke of 1 minutes after midnight, Alaska Standard time.

But the Outer Alliance Twitter feed has already announced publication of several Pride Day posts, so I’m collecting them here. (And will update later this evening before I go to bed… before my post is posted, probably.)

Here they are so far:

Outer Alliance also has a list here — but note that some of them (including mine) aren’t live yet.  (Unless you’re reading this post a few hours later than when I’m posting it.)

What is the Outer Alliance? Per its inaugual post:

Welcome to the Outer Alliance. So far, the idea is that the blog functions on three levels: education, support, and celebration of LGBT contributions in SF/F writing.

Who is invited into the Outer Alliance? Anyone who supports the community’s tenets and is committed to engaging in intelligent discussion about LGBT issues in SF/F. This is a group founded in the belief that the best course against bigotry and discrimination is by rising above it, not stooping down to it.

This group is open to all writers (professionals and fledgelings alike) of SF/F (speculative, horror, paranormal, etc)–and their friends–of any inclination. The idea is that this is an alliance, so as long as you uphold the tenets of the Outer Alliance (see below) you’re welcome in.

  • The Outer Alliance is a group of SF/F writers and friends dedicated to LGBT advocacy through education, support, and celebration.
  • As a member of the Outer Alliance I pledge to uphold the tenets of education, support, and celebration of LGBT contributions to the science-fiction and fantasy genres through my actions and work, online and in print.

Things we hope to accomplish: blog articles, guest posts, community shout-outs, web-badges, newsletters, mailing lists. This is in no way meant to be a group that bombards you with information every ten minutes; I’m thinking a monthly newsletter, and biweekly mailing list announcements (we’ll cross post to the blog, as well, with celebrations of stories sold/published, important news, etc.)

If you’d like to join the Outer Alliance please visit our GoogleGroups page and fill out the form.

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The Daily Tweets, 2009-08-30

Posted on Sun, 30 August 2009 by Mel Green
  • Another beautiful day, looks like. I always enjoy the Alaska State Fair more without rain, with sunshine. #
  • Back from fun day at AK State Fair. Weird political moment: man leaving U.S. Census booth asked wife if ACORN helped conduct census. Duh. #
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The Daily Tweets, 2009-08-30: Wingnut attack tweets

Posted on Sat, 29 August 2009 by Mel Green
  • Writing another blog post about conservatives’ attempt to get federal court to overrule Alaska Constitution. Do I hear “judicial activism”? #
  • RT: @yksin: Blogged at Henkimaa: Miller v. Carpeneti: Where was the press? http://tinyurl.com/nu2hdm #AKjudicialcouncil #AKconstitution #
  • My first wingnut attack tweet accusing me of liberal whining… cool! — now I feel like a REAL Alaska progressive blogger! #
  • Deciding I want a female cattle rancher named Jan with a little pocketknife on my side whenever wingnut attack tweeters are in the vicinity. #
  • Hanging out w/ my dykey friends at Side Street Espresso writing & singing along with the Sons of the Pioneers. “Ghost Riders in the Sky”… #
  • Me & my dykey friends “driftin’ along with the tumblin’ tumbleweeds..” How about a Dyke Daughters of the Pioneers tribute at Celebration? #
  • From Sons of the Pioneers, coffee, & writing @ Side Street, to reggae, coffee, & writing at @KaladiBrothers — & a sunny beautiful day too. #
  • Theodicy: a #poem I wrote for my wonderful friend Wendy whose daughter was killed by a drunk driver 9 years ago. http://bit.ly/5jKOE #
  • Stupid: Palin fan club @palintwibe announced they’re blocking me on Twitter. Never even heard of them before. “I am sooo hurt” – not. Dorks. #
  • Chose excerpt from Mistress of Woodland I’ll be posting 9/1 as part of Outer Alliance Pride Day #lgbt SF/fantasy http://bit.ly/oalliance #
  • @katsylver Identical list to @celticdiva’s followfriday tweet. If she’s following us, we must be horrid lib’ruls hey? What dorks. in reply to katsylver #
  • Now following @outeralliance – science fiction/fantasy writers for #lgbt advocacy. Like queer SF/F? Join up! http://bit.ly/oalliance #
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Theodicy (poem)

Posted on Sat, 29 August 2009 by Mel Green

Theodicy

for Wendy

If they could, these words would wrap around
the questions like a cocooning blanket.
They’d devise an argument, foolproof,
dispelling all nuances of Why?
They’d console you moment by moment.
They’d answer all your grief.

But if they could, I’d say, No, don’t accept
this poem with its comforting lies
that render your loss inconsequential.
There’s no answer or summing up
to replace her breath for breath.
There’s no explanation — as if the senseless
could be willed into sensibility! — to numb
or dumb down incomprehension.
No incantation of what-if’s. As if
the turn of a line could force the man
careless with his life to roll back
his boozefume truck to take care for hers.
As if words could uncrush her,
could cancel the ambulance,
cancel the pronouncement, return to her
those last brief living moments,
and extend them.

The world is altered.
The poem, imperfect, cannot explain.
It can only record the fact
and the knowledge of the ache opened in you,
borne with no less love
than the ache of childbirth when you brought her forth.
Such a gift. With her, the world shifted.
And now, senselessly, it shifts again.

About this poem

Nine years ago, in July 2000, my friend Wendy’s daughter Jessie was killed by a drunk driver.  I wrote this poem for Wendy.  But mourning can be a hard & private thing, & I didn’t want to intrude — it took me a year to feel able to give it to her.

We talked today about the deaths of our fathers, hers many years ago, mine just last May — he would have turned 90 earlier this week if he’d still been here — and also about Jessie’s death, about loss & acceptance (or not) & forgiveness (or not) & redemption (or not).  What she said to me is not for me to pass on (but look forward to her memoir one day!).  I can, however, say that it’s a wonderful thing to know her, who in the face of such loss, still carries with her such openness and love of life.

(Theodicy is the theological term for the justice of god(s).  Does bad stuff happen to good people? Take a guess.  May good nevertheless come, to all of us.)

Posted in No Way Way, Poems | Tagged , , , , , , | 1 Comment

Miller v. Carpeneti: Where was the press?

Posted on Sat, 29 August 2009 by Mel Green

[Crossposted at Celtic Diva’s Blue Oasis.]

Since posting a couple of early A.M.’s ago about a new lawsuit that seeks to overturn provisions of the Alaska Constitution with respect to judicial selection [Ref #1], I’ve learned a whole lot more.

For one thing, the lawsuit isn’t “new.”  In fact, it was filed way back in early July, almost two months ago.

Wow. Somebody in the Alaska press corps was asleep on the job.  Like, for instance, the entire Alaska press corps.  How else could they have missed this?

PRESS RELEASE
Thursday, July 2, 2009
Contact: James Bopp, Jr.
Phone 812/232-2434; Fax 812/235-3685; jboppjr@aol.com

Alaska Voters and Candidate Challenge Process for Selecting State Judges

Two Alaska voters and one past judicial candidate filed suit today in federal court to stop the current plan for selecting state judges in Alaska. The current plan denies ordinary Alaska voters an equal voice in selecting their judges.

In Alaska, a seven member group called the Judicial Council limits nominees forwarded to the Governor for open seats on Alaska’s courts. Governor Palin is then forced to choose one of them, regardless of differences of views on legal matters. Since all nominees allowed to move forward by the Judicial Council may be diametrically opposed to the Governor, the Judicial Council, and not the people, has complete control over who becomes a judge in Alaska. The Judicial Council makeup, with three lawyers selected only from and by the Bar Association, guarantees lawyers have a greater say than ordinary citizens in Alaska in selecting judges who have great power and control over the lives of regular citizens. The suit asks the court to put an end to this inequality and give all Alaska voters an equal voice.

The case arises out of the upcoming retirement of Justice Robert L. Eastaugh from the Alaska Supreme Court. His retirement will create a vacancy on November 2, 2009. The plaintiffs want the court to stop the three lawyer Council members from selecting the nominees for that vacancy. If successful, when Governor Palin has to make her choice to fill the spot, the names in front of her will be picked by a Council that represents equally all the people of Alaska.

Incidentally, the Alaska Bar Rag, published by the Alaska Bar Association, has recently featured editorials expressing concern over the flaws in the judicial selection process.

According to attorney James Bopp, Jr., lead counsel for the plaintiffs, the Alaska plan “gives the Alaska Bar Association a stranglehold on the judiciary. Lawyers in Alaska have enormous influence over who the state judges are, while the ordinary voter is denied the right to an equal voice.” The system needs to be corrected now, before Governor Palin is forced to put another justice on the Supreme Court through an unjust process.

The case is Hinger v. Carpeneti, et al., No. (D. Alaska July 2, 2008 [sic]). The complaint and memorandum supporting the motion for a preliminary injunction are available in PDF format online at the James Madison Center’s website, www.jamesmadisoncenter.org, under the “Alaska Judicial Selection Challenge” link on Thursday, July 2, 2009.

James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society. [Ref #2]

Maybe James Bopp, Jr. didn’t bother to send his press release to the Alaska press?  Or maybe — look at the date on it — maybe it’s that the Alaska press was distracted by the flabbergasting news made by Sarah Palin the following day as she stood on the banks of Lake Lucille and announced that she planned to resign from her governorship? — an announcement, one must mention, which immediately made the portions of the press release referring to her role in judicial selection obsolete.

Well, however it was the Alaska press missed the boat on this, other people didn’t. A Texas blog for Palin fans posted the press release the same day under the title “Challenge could give Gov. Palin more choices in selecting judges.” On July 6, the Alaska Employment Law blog, operated by several Alaska attorneys, gave a summary of the plaintiffs’ complaint and their simultaneous motion for a preliminary injunction:

According to a Complaint filed in federal court on July 2nd, Alaska’s judicial selection system violates Equal Protection and 42 USC § 1983 by giving disproportionate influence to attorneys on the Judicial Council.  The Council screens judicial applicants and forwards at least two names to the Governor for appointment.  Attorneys elected by the Bar Association comprise three of the seven members of the Council; non-attorney members appointed by the Governor hold three other seats.  The Chief Justice of the Alaska Supreme Court is ex-officio chair of the Council, and, by law, is an attorney.

The lawsuit was filed by three plaintiffs: Kenneth Kirk is a frequent attorney applicant for judicial positions; Carl Ekstrom is a non-attorney member of the Board of Governors; and Ward Hinger is a member of the public.

The plaintiffs are represented by Kenneth Jacobus of Anchorage, and James Bopp of Indiana.

Plaintiffs have simultaneous moved for a preliminary injunction and to consolidate that motion with the merits.  The matter is assigned to Judge Timothy Burgess.

Hinger v. Carpeneti, 3:09-cv-00136-TMB. [Ref #4]

Three days later, the same blog briefly updated with the news that Judge Timothy Burgess of the U.S. District Court for Alaska had recused himself from the case, which was now assigned to Judge Ralph Beistline [Ref #5], and on July 20 reported that Judge Beistline had set September 11 as the date for oral argument on the plaintiff’s motion for preliminary injunction. [Ref #6]

But the first most of us heard on this case was until two days ago, when a brief story by Associated Press reporter Dan Joling turned up on the Anchorage Daily News website [Ref #7], followed by a longer story by Joling posted overnight on both the Juneau Empire‘s and the ADN’s websites. [Ref #8] Interestingly, neither story gave any indication that the lawsuit had been in the Alaska District Court’s hands for nearly two months.  The impression I got was that the lawsuit had only just now been filed, possibly in reaction to the Alaska Judicial Council’s August 21 press release on the bar survey scores for applicants to the Alaska Supreme Court position [Ref #9] being vacated on November 2 upon the retirement of Justice Robert L. Eastaugh.

It was, of course, the announcement of Justice Eastaugh’s retirement that prompted the lawsuit in the first place, as Bopp’s July 2 press release made plain.   So probably the Judicial Council’s August 21 press release did play a role in someone cluing in a member of the press about the lawsuit.  Maybe the plaintiffs or other people knowledgeable about the case are scared that the Judicial Council will meet and select candidates to nominate to Gov. Parnell before they get a chance to get the preliminary injunction they’re seeking.  The plaintiffs seek with the hoped-for injunction to control the nomination process by removing the three attorney members of the Judicial Council — contrary to the Alaska Constitution — from playing any role in deciding which of the 19 remaining candidates’ names should be forwarded to the governor for his  decision on who to appoint to the high court.  If their wish is granted, only Chief Justice Walter Carpenti, chair of the Judicial Council, and the Council’s three public members — two appointed by Gov. Palin and one by Gov. Frank Murkowski — would choose the nominees.

How likely are the plaintiffs to get their way?  Well… I dunno.  But I’m getting a lot better picture of the chances.  Because now that I’ve finally been informed by the press that there’s a lawsuit actively soliciting federal judicial activism to overturn major provisions of the Alaska Constitution, I’ve been doing my best to get hold of all the motions and memorandums that both plaintiffs and defendants have been filing for the last nearly-two-months while the Alaska press wasn’t paying attention.

I intend to educate myself about the legal ins and outs of the case. And now you can too. And you should, because while I do intend to write more blog posts explaining this stuff as best I can, sometimes my life and my up & down moods get the better of my intentions.

So.  Posted tonight on my website for your elucidation and enjoyment, I give you [drumroll and flourish]–

Miller v. Carpeneti: Court filings through August 27

The documents are listed in chronological order.  I recommend reading the last-filed case dated 8/27/09 first, before going back to the earlier stuff.  I’ve also included document numbers when I know them — these are useful because the various documents frequently cite the other documents using these numbers.

Note that the first version of the plaintiffs’ complaint dated 7/2/09 has been superseded by the 7/28/09 version.  That’s also the first piece of paperwork I’ve got in which Michael Miller rather than Ward Hinger is the first-named plaintiff: Hinger apparently dropped out of the case.  This is why it’s now known as Miller v. Carpeneti instead of Hinger v. Carpeneti.

Plaintiffs: Complaint; motion for preliminary injunction

Defendants:  Motion to dismiss complaints; opposition to motion for preliminary injunction

Plaintiffs: Response to defendants

Defendants: Reply

References

  1. 8/27/09. “Lawsuit asks feds to overrule Alaska Constitution” by Melissa S. Green (Henkimaa.com).
  2. 7/2/09. “Alaska Voters and Candidate Challenge Process for Selecting State Judges” [press release] by James Bopp, Jr. (Terre Haute, IN: James Madison Center for Free Speech).
  3. 7/2/09. “Challenge could give Gov. Palin more choices in selecting judges” [posting of Bopp press release] (Texas for Sarah Palin).
  4. 7/6/09. “DAlaska: Attack on Constitutionality of Alaska Judicial Selection Plan” (Alaska Employment Law).
  5. 7/9/09. “Alaska Legal Miscellanea: Vexatious Litigants, and Alaska’s Judicial Selection Plan” (Alaska Employment Law).
  6. 7/20/09. “Alaska Legal Miscellanea: AJC Challenge” (Alaska Employment Law).
  7. 8/26/09. “Lawsuit calls for changes in Alaska judicial nominations” by Dan Joling (Associated Press via Anchorage Daily News).
  8. 8/27/09. “Lawsuit presses for changes in judicial nominations: Group says Alaska Bar Association has too much power in process” by Dan Joling (Associated Press via Juneau Empire; also published in the Anchorage Daily News).
  9. 8/21/09. “Supreme Court Candidates” [press release]. (Alaska Judicial Council; posted on Henkimaa.com). Further information on the candidates for the Alaska Supreme Court position being vacated by Justice Robert Eastaugh are available on the Alaska Judicial Council web page about the position.
Posted in Alaska justice system | Tagged , , , , , , | 8 Comments

The Daily Tweets, 2009-08-28

Posted on Fri, 28 August 2009 by Mel Green
  • Just learned a thing or two about donairs from my two Canadian coworkers. They sound tasty! Friendly shout out to Nova Scotia tweeple. #
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The Daily Tweets, 2009-08-27

Posted on Thu, 27 August 2009 by Mel Green
  • @jansonjones It's so nice for you to be able to spend a day at home w/ the little one. 😉 in reply to jansonjones #
  • @jansonjones I hope you're archiving your tweets for Aurelia's baby book. She'll love them when she gets older! (I sincerely hope.) in reply to jansonjones #
  • Enjoying my friend @jansonjones tweets about taking care of his 6-week-old daughter today. Aurelia rocks! (& poos!) #
  • RT: @10ch: Everyone is a comedian when you drive around with a kitchen sink in your car. // Shopping around your resumé? #
  • @jansonjones Some people wd complain to read that just before eating lunch. I say, at least I didn't read it before having my morning gruel! in reply to jansonjones #
  • Off to Scanhome to pick up my alternative couch covers. A new color — two of 'em! #
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Gay-ins at McGinley’s

Posted on Thu, 27 August 2009 by Mel Green

Outside McGinley's Pub
Brendan Joel Kelley at the Anchorage Press reports on last Friday’s goings-on at McGinley’s — about which I wrote at the time.  Brendan mentions Michael Mason’s conversation with managing partner Jack Lewis:

According to Mason, he plans on returning to talk to Lewis and bringing him a statement much like the one Cook Inlet Region, Inc. (CIRI) signed in support of the ordinance, to see if he can convince McGinley’s to join the businesses who support the equal rights ordinance…

— a result that Brendan considers a long shot.  Yep, me too.

But is boycotting McGinley’s a useful tactic?  For me, McGinley’s association with Mayor George Sullivan — whose mere 10 percent interest in the business earned him $24, 813 last year, according to his filings with APOC — is enough to keep me from adding regular visits to McGinley’s to my Saturday writing routine, as I had one time considered.  I’d rather patronize an LGBT-friendly business like Side Street Espresso (my normal Saturday writing venue) or Kaladi Brothers.  Both places have pretty good soup, too.

(And both have (gasp!) unisex bathrooms!  Better warn Debbie Ossiander!)

But there’s another way to respond to McGinley’s too, as Brendan explains:

Others have taken a different tack with McGinley’s Pub though, staging “gay-ins” during peak business hours where they gather and spend as little money as possible. Someone’s even printed up “McGinley’s Gay Pub” stickers that look like the bar’s logo.

“The strategy of picketing is too angry,” one of the “gay-in” participants wrote to Flashlight, on condition of anonymity. “It doesn’t show the best side of what the LGBT and their supporters bring to the community. Boycotting does exactly what the scumbag Jerry Prevo wants. It creates a place where there is no visible LGBT presence. Demanding an equal place at the table is by far the most effective way to achieve equality, and in a small way, this action is a step in that direction.”

… Mason disagrees with the tactics of those staging the gay-ins at McGinley’s, and he’s holding out hope that McGinley’s will sign on as an ally of those who support the gay rights ordinance. Flashlight thinks that’s a long shot, but considering the unlikelihood of a veto override, we’re not surprised that proponents of the equal rights ordinance are getting creative.

Creative indeed. That’s the gay way!  Maybe some of our creative nongay allies are taking part too.

P.S. The unisex bathrooms at Side Street & Kaladi’s are single user bathrooms.  But still — pretty scary, don’tcha think?  Just like one of those horrible unisex bathrooms in almost everyone’s home!

Reference

  1. 8/26/09. “The battle for McGinley’s” by Brendan Joel Kelley (Anchorage Press).
Posted in Ordinance | Tagged , , , , , , , , | 3 Comments

Lawsuit asks feds to overrule Alaska Constitution

Posted on Thu, 27 August 2009 by Mel Green

Update 8/28/09: My attention had been brought to three factual errors in this blog post.  I’m happy to say that only one of them was mine; the other two were in sources I quote here. In any case, factual errors have been highlighted in yellow; my annotations giving corrections are marked in red. Making this post a lot more colorful than originally intended… sorry.  I’ll let you color matters of opinion for yourself. — Mel

Lawsuit asks feds to overrule Alaska Constitution

Although I doubt these jokers said so in their court filings.  [Update: a later story with more detail shows they in fact did; see later portions of this blog post.]  As picked up by the Anchorage Daily News, the Associated Press story bears the headline “Lawsuit calls for changes in Alaska judicial nominations” — seemingly neutral, but missing this crucial political fact.  As, indeed, does the story in full, which reads,

A federal lawsuit says the governing board of the Alaska Bar Association has too much say in nominating state judges.

The Board of Governors of the lawyers’ association picks three of the seven members of the Alaska Judicial Council, which forwards names of judge nominees to the governor.

The lawsuit filed by three Alaskans says that’s too much power for the attorney group.

The lawsuit calls for judicial nominations to come only from the four other members of the judicial council — the chief justice of the Alaska Supreme Court and three members appointed by the governor and confirmed by the legislature.

The lawsuit seeks an injunction stopping the council from forwarding names to fill an upcoming vacancy on the Alaska Supreme Court.

The suit was filed by Michael Miller, Kenneth Kirk and Carl Ekstrom. [Ref #1; emphases added]

The problem here?  The composition of the Alaska Judicial Council is mandated by Article 4 Section 8 of the Alaska Constitution which reads:

The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized state bar. Three non-attorney members shall be appointed for six-year terms by the governor subject to confirmation by a majority of the members of the legislature in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit under the United States or the State. The judicial council shall act by concurrence of four or more members and according to rules which it adopts. [Ref #2; emphases added]

A couple of points become immediately apparent:

  • The lawsuit asks the federal judiciary to overrule the Alaska Constitution, while bypassing the proper methods and means of constitutional amendment — i.e., by two-thirds vote of each house of the Alaska Legislature followed by a majority vote of Alaska voters in a general election, or by means of a constitutional convention. [Ref #3]
  • The lawsuit attempts to undermine the checks and balances of our governmental system by placing more power into the hands of the executive branch at the expense of the judicial branch. Under the litigants’ plan, only three members of the seven-member Judicial Council would actually have a say in nominating candidates to fill judicial vacancies: the governor’s appointees. While the Chief Justice of the Supreme Court would remain on the “nominating” portion of the council, the Chief Justice is ex officio — she or he has no vote. [Correction: The chair can and does vote, but only when to do so would affect the outcome. i.e., when his or her vote would be required in order to fulfill the Alaska constitutional mandate that “The judicial council shall act by concurrence of four or more members….”]

Interesting fact: one of the litigants is himself a gubernatorial appointee: Carl Ekstrom is a public member of the Board of Governors of the Alaska Bar Association, with his term set to expire in March 2011. [Ref #4] Ekstrom was appointed in February 2008 by Gov. Sarah Palin and, as public members pf the Board of Governors are subject to legislative confirmation, underwent some vetting by the Alaska Legislature.  You can read the minutes of a joint meeting of the Alaska Senate and House Judiciary Committees where he was asked questions about his interest and qualifications for the appointment. [Ref#5] During the Murkowski administration he was a member of the Faith-Based and Community Initiatives Task Force under Lt. Gov. Loren Leman. [Ref #6] But what’s really interesting is that he’s a member of the nondenominational ChangePoint church in Anchorage (formerly Grace Community Church) [Ref #7] — the same church to which Gov. Sean Parnell belongs. [Ref #8] Nothing wrong with that, exactly — but it certainly brings out some questions if you’re talking — which we are — about a lawsuit which, if successful, would expand the governor’s powers in judicial appointments.

I haven’t had time to research the other two men bringing this suit, but one commenter on the Anchorage Daily News website, fsmith, claims with regard to Kenneth Kirk, an Anchorage attorney with a firm practicing in the areas of family law, estate planning, adoptions, and elder law [Ref #9]:

In December, Morgan Christen, presiding judge in Anchorage, was rated 4.5 of a possible 5.0 in professional competence, fairness and judicial temperament, and a 4.6 in integrity.

Palmer Superior Court Judge Eric Sanders collected an overall 4.0 rating, with a 4.3 in integrity. Other candidates, in order of rating, are: Frank Pfiffner, 3.7; Kenneth Kirk, 2.7; Kenneth Jacobus, 2.5; and another third rater who shall remain nameless, 2.4.

What this means is that attorneys, police, public defenders, guardians ad litem, rated Kirk as eminently flushable, along with Republican political hack Ken Jacobus.

He is suing because he wants to allow governors to appoint “deserving” incompetents. “Deserving” in this instance would mean “raised lots of campaign contributions,” “is much loved by Jerry Prevo,” etc. [Ref #1, reader comments; emphasis added]

[Correction: Police and GALs — along with social workers and probation officers — are surveyed only during performance evaluations for sitting judges who are up for retention election, but are not surveyed during the original selection process. Public defenders, of course, are attorneys, and thus are included in the selection bar survey.]

Is that opinion true?  Well, at the very least the part about Kirk failing in his attempt to become a judge is true. A second, more detailed story by AP reporter Dan Joling appeared overnight on the Juneau Empire and Anchorage Daily News websites, and also reports on Kenneth Kirk’s judicial aspirations, as well as Ekstrom’s position on the Bar’s Board of Directors:

According to the lawsuit, filed last month, Kirk is an attorney who has been rejected for Superior Court vacancies and who would apply for the upcoming Supreme Court vacancy except for the current composition of the council. Ekstrom is one of three non-attorney members of the bar association’s 12-member bar association Board of Governors. His vote is diluted by the nine attorneys on the board, according to the lawsuit. [Ref #10]

[Correction: Kenneth Kirk applied for two superior court positions, once in 1996 and once in 2003, but  in both cases withdrew his name from consideration before the selection process was complete or the Judicial Council had made any decision. Thus, he was not “rejected” for either of those vacancies. This is not unusual: a look through the Judicial Council’s historical selection log shows numerous instances when applicants have withdrawn themselves from consideration.  Earlier this year, Kirk was an applicant for the Alaska Supreme Court, but was not among the candidates nominated by the Alaska Judicial Council for that position. In that instance, the Judicial Council nominated Eric Smith and Morgan Christen; Gov. Sarah Palin appointed Morgan Christen on March 4, 2009.]

The rationale in the lawsuit is that Alaska’s method of judicial selection violates the Equal Protection Clause in the U.S. Constitution’s 14th Amendment by “denying the plaintiffs the equal right to vote” — they want a system in which all Judicial Council members are appointed by the governor (i.e., more executive branch power over judicial appointments) or other elected officials such as legislators.  According to attorneys for the Judicial Council, similar arguments brought before federal courts in Indiana and Missouri have been rejected. [Ref #10]

Well, I have more to say about this, but it’s late and I need to get to bed.  Let me finish with one quote from this more detailed story —

The Alaska system was adopted after extensive debate at the constitutional convention in 1955-56…. [Ref #10]

— and then went on to be ratified by the people of Alaska in 1956 and approved by Congress through passage of the Alaska Statehood Act.  For 50 years it’s been part of the Alaska Constitution, and for 50 years there has been no will of the Alaska Legislature or the people of Alaska to amend the Alaska Constitution to change it.  Because, it turns out, our system (a system called the Missouri Plan used by at least 12 other states) actually works pretty well.

Unless you’re an attorney who other members of the bar consider to be less than qualified to be a judge.  Unless you’re a conservative who considers the state’s right to govern itself to be preeminent — until the state’s own Constitution gets in your way.

More to come in the next coupla days.

References

  1. 8/26/09. “Lawsuit calls for changes in Alaska judicial nominations” by Dan Joling (Associated Press via Anchorage Daily News).
  2. Constitution of the State of Alaska, Article IV, § 8, “Judicial Council.” Adopted by the Constitutional Convention February 5, 1956; ratified by the people of Alaska April 24, 1956; became operative with the formal proclamation of statehood January 3, 1959.
  3. Constitution of the State of Alaska, Article 13, “Amendment and Revision.”
  4. 7/10/09 (updated). “Board of Governors: 2009-2010.” Alaska Bar Association.
  5. 2/18/08. Minutes of the Joint Meeting of the House Judiciary Standing Committee and Senate Judiciary Standing Committee.  Alaska State Legislature. 1:07 PM.
  6. 6/17/03. “Faith-Based and Community Initiatives Task Force.” Office of the Lieutenant Governor (Loren Leman), State of Alaska. Cached copy through Google.
  7. Google search on “changepoint” + “carl ekstrom.”
  8. Google search on “changepoint” + “sean parnell.”
  9. Kenneth Kirk & Associates (website of law firm).
  10. 8/27/09. “Lawsuit presses for changes in judicial nominations: Group says Alaska Bar Association has too much power in process” by Dan Joling (Associated Press via Juneau Empire; also published in the Anchorage Daily News).
Posted in Alaska justice system | Tagged , , , , | 4 Comments

The Daily Tweets, 2009-08-27

Posted on Wed, 26 August 2009 by Mel Green
  • RIP Ted Kennedy. #
  • Is there a word for “irrational fear of unisex bathrooms”? Whatever it is: Debbie Ossiander has it. #anclgbt #
  • Lawsuit calls for federal judiciary to interfere with Alaska Constitution’s provisions for selecting state judges. http://bit.ly/B92F4 #
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