Alaska Official Election Pamphlet
Alaska's Judicial Evaluation and Retention System

Alaska’s judges are appointed by a merit selection system. After appointment, they periodically appear on the ballot to allow the voters to decide whether they should be retained in office. These procedures were established by the Alaska Constitution and statutes to assure the appointment of qualified judges and the accountability of judges to the public throughout their tenure. Retention elections for judges are both nonpartisan and unopposed. Each judge stands for retention based on his or her record of judicial performance. If a judge is not retained in office, the position becomes vacant and a new judge is appointed by the merit selection system.

The Alaska Judicial Council is charged under Alaska statutes with evaluating judges up for retention elections and making recommendations to the voters. The Judicial Council was created by the Constitution. Its six members are citizen volunteers, with the Chief Justice of the Alaska Supreme Court sitting as chair. Three of the six members are attorneys and three are not attorneys.

The Judicial Council is required by law to publish its evaluations and recommendations on judges standing for retention election in the Official Election Pamphlet. These evaluations and recommendations appear on the following pages. A biographical statement, provided and paid for by the judge if the judge wishes, is printed separate from the Judicial Council’s evaluation of that judge’s performance.

For the 1996 General Election, the Judicial Council evaluated thirteen trial court judges. The Council found all thirteen judges to be Qualified, and recommends all for retention in office.

Judicial Evaluation Procedures

The Judicial Council’s judge evaluation is the most comprehensive and sophisticated in the country. To evaluate the judges standing for retention in 1996, the Council sent written surveys to about 6,900 Alaskans, solicited written and oral comments from all interested members of the public, and reviewed various other public and private records.

Attorney & Peace Officer Surveys - The Council surveys all active members of the Alaska Bar Association and all peace and probation officers in the state who handle state criminal cases. In 1996, the Council asked 2,650 attorneys and 1,241 peace and probation officers to evaluate the judges. The survey asks about the judges’ legal ability, fairness, integrity, temperament, diligence and administrative skills. An independent contractor carries out the surveys for the Judicial Council, to assure objectivity in the findings.

Juror and Court Employee Surveys - The Council surveys all jurors (about 2,500) who have served with the judges up for retention, as well as all court employees (about 500). These surveys give varied perspectives on the judges’ performance.

Counsel Questionnaires - Each judge gives the Judicial Council a list of three trials, three non-trial cases, and any other cases that the judge found significant during his or her most recent term in office. The Council sends a brief questionnaire to all of the attorneys in each case. The questionnaire asks about the judge's fairness, legal abilities, temperament and administrative handling of the case.

Judge's Questionnaire - Each judge is asked to fill out a short questionnaire about the types of cases handled during the previous term, legal or disciplinary matters the judge may have been involved in, and health matters that could be related to the judge's ability to perform judicial duties. The questionnaire also asks the judge to describe satisfaction with judicial work during the previous term and to make any comments that would help the Council in its evaluations.

Other Records - Council staff review a series of other public records, including conflict-of-interest annual statements filed with the Alaska Public Offices Commission and separate forms filed with the court system, court case files, and Commission on Judicial Conduct public files. The Council also reviews performance-related court data, such as the number of peremptory challenges filed against a judge and the number of reversals on appeal. The Council scrutinizes performance-related data carefully, because the type of caseload or a judge's location may play a major part in the numbers of challenges or appeals and reversals. A domestic relations judge assigned 6,000 cases in one year may have more challenges (and possibly more appellate reversals) than a judge handling 1,000 criminal and civil cases.

Public Hearings - The Council held statewide public hearings for all judges standing for retention in 1996, using the legislature's teleconference network and public meeting rooms. Statewide newspaper ads and public service announcements on radio stations encouraged public participation. Public hearings give citizens a valuable opportunity to speak out about their experiences with judges. They also provide a forum in which citizens can hear the opinions of others. The Council tries to balance all the information it receives from all sources.

Interviews - Any judge may request an interview with the Judicial Council. The Council, in turn, may ask judges to speak with the Council members during the final stages of the evaluation process, to respond to concerns raised by attorneys, peace or probation officers, or citizens.

Other Publicity and Input - The Council widely publicizes the evaluation process through frequent press releases, personal contacts with radio and television stations, speeches to public groups such as community councils, and feature articles in newspapers. The Victims for Justice courtwatchers' group provided information to the Council about the retention judges in Anchorage who had been evaluated by that group.

Dissemination of Results

The summary of the Council’s evaluation information for each retention judge that appears on the following pages presents the attorney, peace and probation officer, juror and court employee survey scores for several of the more significant categories. The graphs present five summary scores from the peace and probation officer and attorney surveys. The ratings are on a five-point scale with 1 as the least favorable score, 5 as the highest score, and 3 as acceptable. A complete copy of the survey results is available from the Alaska Judicial Council, 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501; 907/279/2526. Finally, the Council’s Internet home page will contain performance information about the judges on the ballot this fall. (http://www.state.ak.us/local/akpages/COURTS/AJC/home.htm)

1996 Retention Election Candidates

Judicial Council Members

Allen Compton is the chairperson for the Judicial Council by virtue of his position as Chief Justice of the Alaska Supreme Court. Justice Compton has served on the Supreme Court since 1980. Before that he was a superior court judge in Juneau. (Term: 10/95 - 9/98)

David Dapcevich is a non-attorney member of the Council who resides in Juneau and works there and in Sitka. Mr. Dapcevich is an accountant who specializes in tax preparation and serves as election judge for several Alaska native corporations. He was appointed to the Council by Governor Hickel. (Term: 5/91 - 5/97)

Janice Lienhart is a non-attorney member of the Council from Anchorage. She is the director of Victims for Justice, a non-profit agency dedicated to supporting victims of crime and advancing their interests. Ms. Lienhart was appointed to the Council by Governor Hickel. (Term: 5/93 - 5/99)

Thomas Nave is an attorney member of the Council from Juneau. He is a sole practitioner with a general civil and criminal practice. (Term: 2/92 - 2/98)

Vickie Otte is a non-attorney member of the Council who recently moved from Anchorage to Juneau. She is the President of the Native Justice Center, a non-profit agency dedicated to improving access to justice for Alaska Natives. Ms. Otte was appointed by Governor Knowles. (Term: 5/95 - 5/01)

Robert Wagstaff is an attorney member of the Council from Anchorage. He is a sole practitioner with a general civil and criminal practice. (Term: 3/96 - 2/02)

Christopher Zimmerman is an attorney member of the Council from Fairbanks. He is a former district court judge (‘85 - ‘90) who is currently a partner in the law firm Call, Barrett & Burbank with a general civil and criminal practice. (Term: 4/94 - 2/00)

Alaska Division of Elections Home Page

1996 Official Election Pamphlet Introduction Page