As retired Superior Court Judges with over 70 years of service behind us, we are deeply concerned by the continuing attacks on the legitimacy of courts, both state and federal. These attacks are properly characterized as unrelenting attempts to undermine the integrity of the Judiciary, the third co-equal branch of government.

The President, in his own words, claims that judges who serve in the judiciary, from the lowest trial courts to the United States Supreme Court, are “incompetent”, “deranged”, “unfair”, “unhinged”, “disgraceful”, “biased”, “highly partisan”, “tainted”, “corrupt” and “radical lunatic” “haters.” He describes the courts as a “joke” and a “laughing stock”. He has accused judges (including those appointed by Republican presidents) of imposing judicial tyranny.

This continuing barrage of threats to judges across the nation and criticism of the judicial branch is not the mere grumblings of unhappy litigants. The threats and attacks are clearly intended to undermine both the role and authority of the courts and respect for the rule of law.

As retired judges, we understand that judges will be criticized for our decisions – it comes with the territory. We are tasked to resolve commercial, domestic, and sometimes, constitutional matters that the parties have been unable to resolve among themselves. In court, there will always be a party that wins and a party that loses. Those who win sometimes applaud us for being wise and just (and sometimes not, as they thought we should have been “wiser and more just” to their side). Those who lose will often consider us flawed and unfair (though sometimes they understand the law was simply not on their side.) But Americans approach the courts with the understanding that the rule of law is what guides judicial decision-making, and after trial and appeal, litigants accept and follow the court’s final answer.

In addition to the myriad direct threats against judges, the recent bill passed by the House of Representatives to address tax and budget matters has tucked within its voluminous pages a provision directly attacking the authority of the courts to impose sanctions on those who choose to disregard judges’ final orders. This provision would also impede the ability of ordinary citizens to vindicate their constitutional rights by requiring litigants to post a financial bond if they are seeking immediate relief from the court for a violation of their constitutional rights. Here, at Section 70302. The obvious reason for the provision is to allow the nation’s executive branch to ignore the rulings of the judicial branch, thereby disabling the third branch of government and the rule of law. Sadly, the federal executive branch is increasingly doing just that: demonstrating disregard for the courts’ authority. See, for example, here.

These provisions should be deeply troubling to all of us. No court has an army to enforce its orders. Each court has only the power of contempt to fine or imprison those who disobey its orders. If that power is compromised, then what remains is public respect for the courts. And if that respect is undermined through a relentless campaign of disparagement and threats, our judiciary becomes nothing more than an “advisory agency,” no longer a co-equal branch of government.

Alaskans are very fortunate to have a constitutionally established system of selecting judges based on their skills, knowledge, temperament and integrity. The governor appoints judges who are nominated on their merit, and once appointed, Alaskans vote whether to retain their sitting judges – or not. Alaska’s system ensures that the process “is merit-based, transparent, representative of and responsive to the public and to the Constitutions of the State of Alaska and United States.” Here. It is a system worth defending and supporting to ensure an independent, fair, and impartial judiciary that serves Alaskans with integrity.

Retired Superior Court Judge Elaine Andrews, Anchorage (District Court 1981-1991, Superior Court 1991-2002, Pro Tem 2002-2022)

Retired Superior Court Judge Niesje Steinkruger, Fairbanks (Superior Court 1988-2007, Pro Tem 2008-2020)