A pro-judicial group filed a lawsuit Wednesday in Anchorage Superior Court, claiming Governor Mike Dunleavy made an unconstitutional appointment to the state board. Alaskans for Fair Courts argued that Dunleavy violated both the state and the Alaska Constitution.
The lawsuit disputes the appointment of John W. Wood, a former attorney and state contractor, to a Council seat designated for a non-lawyer. According to the Alaska Constitution, the governor appoints three public members and three attorneys from the Alaska Bar Association.
The chief justice of the Alaska Supreme Court also serves as the seventh member and chair of the Alaska Judicial Council. The Council selects judicial nominees after evaluating candidates based on a nonpartisan merit-based process and submits them to the governor.
The group alleges Wood is ineligible because his previous work as a lawyer disqualifies him from serving in the public seat. They also argue Wood held a position of profit, with the state receiving over $132,000 in payments as a contractor this year.
Court documents refer to a June 6 payment to Wood as the most recent, reinforcing the claim of his active role with the state. Another argument states Wood’s appointment occurred after the legislative confirmation period ended, invalidating a recess appointment.
The lawsuit asks the court to declare Wood’s appointment void and prevent him from serving on the Alaska Judicial Council. Attorney General Treg Taylor said the state has not yet received the suit and declined to comment on its legal merits.
However, Taylor defended the governor’s authority, claiming the timing preserves a balanced council without delaying the governor’s appointment power. Governor Dunleavy has faced scrutiny over his handling of judicial nominations and previous constitutional challenges to his decisions.
