Thursday, November 15th, 2007...12:33 pm

Pro Tem Judges on Alaska Appellate Courts: A Correction and An Update

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An Alaskan appellate judge has written in to correct, and update the information I gave in Tuesday’s post.

According to that judge:

The most recent published Court of Appeals decision in which a superior court judge participated as a pro tempore member of the court was Cooper v. District Court, 133 P.3d 692 (Alaska App. 2006).  (Elaine Andrews was the judge.)  

The most recent unpublished Court of Appeals decision in which a superior court judge participated as a pro tempore member of the court was issued three weeks ago: Thompson v. State, 2007 WL 3121599 (Alaska App., October 24, 2007).  (Again, Elaine Andrews was the judge.)

The most recent published Supreme Court decision in which a superior court judge participated as a pro tempore member of the court was Hayes v. A.J. Associates, Inc., 960 P.2d 556 (Alaska 1998).  (Brian Shortell was the judge.) 

The judge used this search query in Premise: “sitting +2 assignment”.  The same query will work in the AK-CS database in on-line Westlaw.

UPDATE (11/17/07): Here are some even more recent Supreme Court opinions in which a Superior Court judge participated: Willoya v. State, Department of Corrections, 53 P.3d 1115 (Alaska 2002)(Hensley, with Finn and Mannheimer); In re Johnstone, 2 P.3d 1226 (Alaska 2000)(Pengilly, Steinkruger,  and Zervos, with Mannheimer); Kodiak Island Bor. v. Exxon Corp., 991 P.2d 757 (Alaska 1999)(Greene, Hunt, Zervos, with Rabinowitz); and Chenaga Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999)(same).

There are dozens, if not hundreds, of Court of Appeals opinions since the 1980’s, especially unpublished ones, with Superior Court judges sitting on the panel.  Unlike the Supreme Court, which has rarely included Superior Court judges in the last ten 10 years, the Court of Appeals has continued regularly to do so up to the present.

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