Early in-person voting opened Monday across the state, and in addition to high-stakes races for governor and U.S. Congress voters also have a chance to weigh in on whether or not to allow 21 judges to remain on the bench.
Under the Alaska Constitution, judges are up for retention in elections that take place on even-numbered years to allow voters to decide whether they should be allowed to stay in office. Judges do not run against each other, and are not allowed to campaign. Judges are vetted and nominated on a merit-based system by the nonpartisan Alaska Judicial Council, which advances a list of nominees to the governor who makes appointments.
Not all judges appear on every ballot. Voters are asked to consider only their district judges.
This year, one justice of the five-member Alaska Supreme Court, Jude Pate, is up for a ten year term. Pate was appointed to the state’s highest court by Gov. Mike Dunleavy in January of 2023, and this is his first retention election. Prior to the Supreme Court, he served as a Superior Court judge in Sitka.
In the 45-member Superior Court, 16 judges are up for retention to serve six-year terms. There are four judges of the 20-member District Court standing for retention for four-year terms.
In an unusual move, the Alaska Judicial Council — which issues performance evaluations and recommendations for retention of judges ahead of elections — published recommendations not to retain Kelly J. Lawson to the Kenai Superior Court and Martin Fallon for the Kenai District Court, and issued no recommendation for Marianna Carpeneti for the Juneau Superior Court.
It’s the first time in 12 years the council has recommended a “no” vote on retaining judges, according to Alaska Public Media.
The council recommended voters retain the other 18 judges.
The council is made up of three attorney members of the Alaska Bar Association, and three public members appointed by the governor and confirmed by the Legislature. Recommendations were based on a variety of performance factors including surveys with attorneys, court employees and analyses of the judge’s financial disclosures, caseloads and whether the judge’s decisions were affirmed or appealed.
In the First Judicial District, which covers Southeast Alaska from Ketchikan to Yakutat, Carpeneti is up for a retention vote in Juneau and Daniel E. Doty and Katherine H. Lybrand are up for retention in Ketchikan Superior Court.
The council issued no recommendation for Carpeneti’s retention. She has served on the Juneau Superior Court since 2021. Three council members voted not to retain, two voted to retain and two members abstained. While Carpeneti largely met performance standards, she received low marks from peace officers and probation officers who rated her integrity and judicial temperament as “below acceptable,” according to the evaluation.
In the Second Judicial District, which covers the northern region from Nome to Utgiavik, David L. Roghair is standing for retention in the Utgiavik Superior Court.
In the Third Judicial District, which covers Southcentral, the Kenai Peninsula, Prince William Sound, Kodiak and the Aleutian Islands, twelve judges are up for retention. In Anchorage Superior Court, Lara Hartz, Yvonne Lamoreux, Jack R. McKenna, David A. Nesbitt, Christina Rankin, and Ian Wheeles are standing for retention. Jonathan A. Woodman is up for retention in Palmer Superior Court, and Christina “Tina” Reigh is up for retention to the Dillingham Superior Court.
Lawson and Fallon are standing for retention in Kenai Superior Court and Kenai District Court, respectively.
Lawson was appointed to the Kenai Superior Court in 2023. This is her first retention election. Upon review, the council found she did not meet performance standards for judicial temperament and integrity.
“While performing acceptably on the bench, Judge Lawson has lacked patience, dignity, and courtesy in her communications with court employees, creating friction between Judge Lawson, court staff, and other judges to a degree that has impeded the efficient administration of justice,” the evaluation said.
Fallon has served on the Kenai District Court since 2019, and this is his second retention election. The council found Fallon did not meet performance standards related to integrity, diligence and administrative skills. The council found Fallon failed to resolve cases in a timely manner — in one case leaving parties waiting for a decision for more than seven months.
Under state law, a judge cannot collect a paycheck if they have any decision undecided or uncompleted for more than six months. But Fallon signed pay affidavits during that time saying that to the best of his knowledge there were no cases referred to him that were undecided for more than six months. “Judge Fallon acted in a manner that did not promote public confidence in the integrity of the judiciary and created an appearance of impropriety,” the evaluation said.
In District Court, Chris Darnell is standing for retention in Anchorage and Shawn D. Traini is standing in Palmer.
In the Fourth Judicial District, covering the Interior region and west to Hooper Bay and the Yukon-Kuskokwim Delta, Nathaniel Peters is standing for retention in Bethel Superior Court, and Kirk Schwalm and Amy Welch are up for retention in Fairbanks Superior Court.
In the Fairbanks District Court, Benjamin A. Seekins is standing for retention.
Voters will have the opportunity to vote on judges in the judicial district for which they are registered from now until the polls close at 8 p.m. on Nov. 3.