Alaska Court of Appeals

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Boney Courthouse in Anchorage, Alaska

The Alaska Court of Appeals was created in 1980 by the Alaska Legislature. It consists of a four-judge panel made up of a chief judge and three associate judges. The chief judge is appointed by the Alaska Supreme Court's chief justice to serve a two-year term. The court meets in Anchorage and travels to Fairbanks as caseload demands.[1]

Decisions of the court can be appealed to the Alaska Supreme Court. Criminal appeals from a district court can be taken to a superior court or directly to the Court of Appeals, at the option of the defendant. A defendant who appeals from a district court to a superior court, however, can ask the Court of Appeals to review the resulting decision of the superior court, but the court has discretion in choosing whether it will.[1]

The Court of Appeals has jurisdiction to hear appeals regarding criminal prosecutions, post-conviction relief, juvenile delinquency, extradition, habeas corpus, probation and parole, bail and the excessiveness or leniency of a sentence.[1]

 
Alaska Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   4
Founded:   1980
Salary:  Associates: $213,701[2]
Judicial selection
Method:   Assisted appointment
Term:   8 years

Judges

Judge Tenure Appointed By

Tracey Wollenberg

February 9, 2017 - Present

Bill Walker

Bethany Spalding Harbison

2019 - Present

Bill Walker

Timothy Terrell

December 18, 2020 - Present

Mike Dunleavy

Marjorie Katharine Allard

November 23, 2012 - Present

Sean Parnell


Judicial selection

See also: Judicial selection in Alaska

The four judges on the Alaska Court of Appeals are selected through the assisted appointed method. Each justice is appointed from a list of two or more nominees compiled by the Alaska Judicial Council.[3]

The initial term of a new judge is at least three years, after which the justice stands for retention in an uncontested yes-no election. Subsequent terms last eight years.[4] For more information on these elections, visit the Alaska judicial elections page.

Qualifications

To serve on this court, a justice must be:

  • a U.S. citizen;
  • a state resident for at least five years;
  • licensed to practice law in the state;
  • active in law practice for at least eight years; and
  • under the age of 70.[5][6]

Chief judge

The chief judge of the court of appeals is selected by the supreme court's chief justice. He or she serves in that capacity for two years.[7]

Vacancies

See also: How vacancies are filled in state supreme courts

The process of filling interim judicial vacancies is identical to that of filling ones that would occur at the end of a justice's term. The governor appoints a justice from a pool of names provided by the nominating commission. After occupying the seat for at least three years, the appointee runs in an uncontested yes-no retention election and, if retained, will serve a subsequent term of eight years.[3][4]

Elections

2024

See also: Alaska intermediate appellate court elections, 2024

The terms of two Alaska intermediate appellate court judges will expire in February 2025. The two seats were up for retention election on November 5, 2024. The filing deadline was August 1, 2024.

Candidates and results

Allard's seat

Alaska Court of Appeals

Marjorie Katharine Allard was retained to the Alaska Court of Appeals on November 5, 2024 with 61.2% of the vote.

Retention
 Vote
%
Votes
Yes
 
61.2
 
158,861
No
 
38.8
 
100,507
Total Votes
259,368

Terrell's seat

Alaska Court of Appeals

Timothy Terrell was retained to the Alaska Court of Appeals on November 5, 2024 with 58.0% of the vote.

Retention
 Vote
%
Votes
Yes
 
58.0
 
148,690
No
 
42.0
 
107,575
Total Votes
256,265



2022

See also: Alaska intermediate appellate court elections, 2022

The term of one Alaska intermediate appellate court judge expired on February 6, 2023. The one seat was up for retention election on November 8, 2022.

Alaska Court of Appeals

Bethany Spalding Harbison was retained to the Alaska Court of Appeals on November 8, 2022 with 61.6% of the vote.

Retention
 Vote
%
Votes
Yes
 
61.6
 
134,620
No
 
38.4
 
84,000
Total Votes
218,620

2020

See also: Alaska intermediate appellate court elections, 2020

The term of one Alaska Court of Appeals justice expired on February 1, 2021. The one seat was up for retention election on November 3, 2020. A full term on the court is eight years.

This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

Tracey Wollenberg Green check mark transparent.png


2018

See also: Alaska judicial elections, 2018

Judge David Mannheimer, who had the only seat up for retention in 2018, did not file to retain his seat.[8] The scheduled retention election did not take place.

2016

Judges who faced retention

Marjorie Allard Green check mark transparent.png
Judge Douglas Kossler did not file to stand for retention in 2016, even though his term was set to expire in February 2017.[9][10]

Election results

Marjorie Allard was retained in the Alaska Court of Appeals, Allard's seat election with 62.21% of the vote.

Alaska Court of Appeals, Allard's seat, 2016
Name Yes votes
Green check mark transparent.pngMarjorie Allard62.21%
Source: Alaska 2016 General Election, Official Results

2012

See also: Alaska judicial elections, 2012
CandidateCourtRetention vote:Retention Vote %
BolgerJoel Bolger   ApprovedA166,20865.24%ApprovedA

Ethics

Judges in Alaska must abide by Code of Judicial Conduct. There are five canons in the code.

  • Canon 1 - A Judge Shall Uphold the Integrity and Independence of the Judiciary
  • Canon 2 - A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities
  • Canon 3 - A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
  • Canon 4 - A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict with Judicial Obligations
  • Canon 5 - A Judge or Judicial Candidate Shall Refrain from Inappropriate Political Activity[11]
—Alaska Judiciary[12]

Removal of judges

Judges in Alaska can be removed in one of two ways:

Commission on Judicial Conduct

The Commission on Judicial Conduct was established in 1968 after an amendment to the Alaska Constitution. The commission investigates complaints filed against judges alleging misconduct or wrongdoing. Complaints can be made by anyone. The commission only hears complaints against state judges. It cannot hear complaints against magistrates or attorneys, among others.[14]

The commission's members are three state court judges, three attorneys who have been licensed in the state and practicing for at least 10 years, and three lay members. [15]

State profile

Demographic data for Alaska
 AlaskaU.S.
Total population:737,709316,515,021
Land area (sq mi):570,6413,531,905
Race and ethnicity**
White:66%73.6%
Black/African American:3.4%12.6%
Asian:5.9%5.1%
Native American:13.8%0.8%
Pacific Islander:1.2%0.2%
Two or more:8.4%3%
Hispanic/Latino:6.5%17.1%
Education
High school graduation rate:92.1%86.7%
College graduation rate:28%29.8%
Income
Median household income:$72,515$53,889
Persons below poverty level:11.3%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alaska.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Alaska

Alaska voted Republican in all six presidential elections between 2000 and 2020.


More Alaska coverage on Ballotpedia

See also

Alaska Judicial Selection More Courts
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Courts in Alaska
Alaska Court of Appeals
Alaska Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Alaska
Federal courts
State courts
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External links

Footnotes