In just two weeks, Alaska voters will begin receiving ballots for early voting in the 2024 general election. Nineteen judges, including two justices from the state Supreme Court, two judges from the Court of Appeals, and fifteen others from either Superior or District Courts, are standing for retention and will appear on our ballots. If voter trends hold in the 3rd Judicial District and well-funded outside special interests barge into the election again, retention for some of our most qualified judges could be in jeopardy.

The Trends

From 1976 to 2000, the vote to retain judges on the ballot was 66% for Alaska’s 3rd Judicial District, which covers over two-thirds of the state’s population. This average was a few points lower than the other three districts (65%-75% range) but in the same ballpark. In 2000, the retention vote for the courts in the 3rd Judicial District began a clear and steady decline in “yes” retention rates (see the graph above), dropping seven percentage points to less than 58.8% in 2022.

The trend in Alaska’s 3rd Judicial District underscores a decline in public trust for the courts here. This is reflected in other data, which shows a loss of trust in state courts throughout the country since 2020, according to annual surveys by the National Council of State Courts (NCSC).

One key factor driving this crisis of confidence is today’s hyper-contentious political environment and the belief by many voters that the courts and judges have become tainted by partisan politics. Some view every court ruling from a rigid political, partisan, or religious perspective and may vote to remove a judge despite their qualifications and reasoned interpretation of the law if they believe the judge does not share their beliefs. Others go one step further and try to convince Alaskans to replace any judges they believe do not share their ideologies.

Other factors include:

  • Substantial funding coming from out-of-state actors seeking to politicize Alaska’s courts as part of a well-organized national effort.
  • Voters not understanding how judges are selected and why they appear on the ballot.
  • Voters not finishing the ballot because they do not know the judges and do not know where to find information about those judges.
  • Voters wanting to remove judges who do not rule in their favor.

Which brings us to …

The Outsiders

Today’s bitter partisanship and distrust create a perfect storm for outside groups conducting well-funded national campaigns targeting state judges who do not share their ideological goals. For example, Leonard Leo, who has organized and funded many campaigns against state judges across the country, controls more than $1 billion, which he and his allies are using to remove and replace state judges with others who share their ideology.

These campaigns have also become increasingly nasty, employing many of the same misleading, attack-style tactics against judges that we see used against candidates in political campaigns. And their modus operandi is always the same: Groups with all-American-sounding names are created just weeks before an election to funnel outside money into last-minute smear campaigns that provide little time for judges and their supporters to set the record straight.

We know this interference from outsiders can happen here in Alaska because it already has. In 2020, a well-respected Alaska Supreme Court justice was attacked by a group called Alaskans for Judicial Reform Vote No on Carney—a misleading name because the group was funded primarily by outside interests. The attacks against Justice Carney were not based on facts. With considerable help from a coalition of dedicated groups and individuals—including many of you reading this article—Alaskans for Fair Courts played a substantial role in helping turn back this 2020 attack on Justice Carney. Eight other judges also came under attack—and we were able to protect them, as well.

Alaskans value a fair and impartial judiciary too much to let special interests and apathy compromise our proud tradition of independence.

But we’re not naive, either. We need all hands on deck to reverse the negative trends in the 3rd District retention vote, show special interests that justice in Alaska is not for sale, and protect any judge from removal for having the courage to follow the law rather than cave to popular opinion.

Next time: Our outreach plan for the 2024 retention vote and how you can participate.

Always for integrity, impartiality, and justice in our courts, Alaskans for Fair Courts