Alaskans appear to have voted out two state judges in Tuesday’s election, apparently agreeing with a state council that took the rare move of recommending they not be retained.
Superior Court Judge Kelly Lawson and District Court Judge Martin Fallon, both assigned to serve on the bench in Kenai, are set to soon lose their jobs. The Alaska Judicial Council issued a recommendation to voters in September that they vote no on retaining Lawson and Fallon.
It was the first such recommendation since 2014.
Election results updated early Wednesday showed Lawson losing the retention vote by a margin of 16% and Fallon losing by 18%.
Only once, in 1982, have Alaskans voted out two judges in the same election.
Aside from making recommendations on sitting judges up for retention votes, the Alaska Judicial Council goes through a lengthy process to evaluate potential candidates before they’re appointed to judgeships.
That’s why it’s so rare to see the council recommend against retaining a judge, said Susanne DiPietro, the council’s executive director.
“So as a result of this rigorous process, we have found, historically, that almost all of the time the judges who are appointed and then do go on to serve are very successful,” DiPietro said.
Despite much of the focus this election cycle being on the top of the ballot – including contentious races for U.S. Senate and governor – DiPietro said voters seemed to have paid attention to the judicial council’s recommendations.
“Of course, I don't know for sure, but it certainly does appear from the results, at least as we know them so far, that the voters were referring to the evaluations and the recommendations made by the council,” she said.
The council’s recommendation for Lawson was based on a performance evaluation that showed she had not met standards for judicial temperament. Lawson “lacked patience, dignity, and courtesy in her communications with court employees,” according to the evaluation.
According to Fallon’s evaluation, the judge had trouble resolving cases in a timely manner. Under Alaska law, judges aren’t supposed to receive paychecks if they have any cases considered “ripe” for a decision longer than six months. But even though Fallon missed that deadline in one case, he signed affidavits to the contrary that allowed him to be paid, according to the evaluation.
Both Lawson and Fallon can remain judges for 90 days from Election Day, according to Alaska law.
Neither responded to requests for comment Wednesday.
Asked if having two fewer judges in Kenai created a burden for the Alaska Court System, courts spokesperson Rebecca Koford said yes, but there is a temporary solution to making sure cases are handled.
“It is difficult to have empty judicial positions,” Koford wrote in an email. “The court system employs retired judges to serve as pro tempore judges to fill in when we need additional coverage. We are grateful to the pro tempore judges who step in to help in times of need.”
DiPietro said the state would advertise the open positions and receive applications before the council meets, likely in early May, to nominate candidates. After that, the governor would appoint two new judges.
