Alaska Employment Law

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.