Judicial independence – a judge’s ability to be free from outside interference in their decision-making, to be free from political and ideological pressures to issue decisions that are grounded in the law – benefits every Alaskan.  For that reason, the framers of Alaska’s Constitution created an independent citizen’s commission, the Alaska Judicial Council, to thoroughly vet judicial applicants and nominate the most qualified to the governor for judicial appointment.

In doing so, the constitutional framers relied not only upon the experience of other states, but upon territorial Alaska’s own experience with judicial corruption and incompetence. The Nome Court’s involvement in a scheme to steal mining has gone down in history as one of the worst examples of political and judicial corruption in Alaska’s history.

Shortly after the discovery of gold in Nome, Alexander McKenzie, a man with “a powerful network of friends and allies…whose influence extended to President William McKinley,” devised a scheme to relieve the “three Swedes” who had found gold in Nome of their claims. At that time, only one federal judge, located in Sitka, served the entire Territory of Alaska.  Congress created two additional federal judgeships – one located in Nome and another in Eagle.  McKenzie recommended Arthur Noyes for the Nome position and spent a lot of money to secure Noyes’ appointment, believing that Noyes’ drinking and financial problems would make him vulnerable – and valuable to McKenzie.  McKenzie also succeeded in securing his choices for a U.S. Marshall and district attorney –  “officials who would do his bidding” – thus setting the stage for the great steal.

McKenzie immediately set about to relieve the Swedes of their mining bounty and claims, laying the groundwork for the impending steal. He promised Judge Noyes, several lawyers, the district attorney and the US Marshall a portion of the claims that McKenzie wanted and obtained illegally.  McKenzie relied on Judge Noyes to rule repeatedly in his favor as McKenzie proceeded with his plan, and the judge obliged.  Judge Noyes not only gave McKenzie the authority to take mining equipment, buildings, gold and other precious metals, and money belonging to those who had a legal right to the land claims and the gold that was produced on those claims, he and his men blocked the rightful owners from their property as McKenzie stole “tens of thousands of dollars’ worth of gold” daily.  Judge Noyes issued a series of orders delaying efforts to appeal his decisions and went so far as to ignore decisions by the Circuit Court of Appeals in San Francisco, which overruled his orders and  found his record to be “shocking.” The Court of Appeals determined that Noyes’ orders were illegal –  if not “fraudulent” – and dispatched two federal marshals to arrest McKenzie, who they held in contempt of court for ignoring previous appellate court directives.

While Judge Noyes remained on the bench, several lawyers believed Noyes to be incompetent, and asked President McKinley to replace him.  Alaska’s Governor even weighed in.  President McKinley responded, calling Noyes back to Washington, D.C. and the Circuit Court removed Noyes from his judicial position.

This disturbing saga within Alaska’s territorial history illustrates how easily wealth can wield political power and control over the judiciary if the judiciary is beholden to political allegiances.  It further underscores how quickly corrupt relationships destroy the very credibility of the legal system.

McKenzie’s control over Judge Noyes and others who were key to the success or failure of the legal system provides a compelling argument for Alaskans to protect and preserve its merit selection system for judges, which ensures that judges are appointed through a nonpartisan, independent process that does not cultivate political allegiance between Alaska’s state judges and the governor who appoints them.

As always, we appreciate your support
– Alaskans For Fair Courts

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Our sincere thanks to Attorney Pamela Cravez, who graciously reviewed this letter, and whose fascinating book The Biggest Damned Hat was the source for all of the information and quotes found in this article.  Her extensive research offers a much more detailed dive into important stories of the lawyers and judges who defined Alaska’s territorial days, and the battles that ultimately shaped our state.