Sen. Gary Stevens, R-Kodiak, praised an Alaska Superior Court decision finding that Gov. Mike Dunleavy could not lawfully extend the appointments of a number of individuals, who were not confirmed by the Legislature in time for the December 2020 deadline, until the start of the new session.
The appointee list includes Revenue Commissioner Lucinda Mahoney, whom Dunleavy appointed after the resignation of former Revenue Commissioner Bruce Tangeman, and Alaska’s public defender, Samantha Cherot, who was appointed last April following the resignation of Quinlan Steiner.
Stevens said he found Judge Philip Pallenberg’s “thoughtful, well-reasoned decision affirms the Legislature’s constitutional power to confirm executive branch appointees.”
Stevens said that he understands that the global pandemic put the governor in a difficult position and looks forward to working closely with his administration to ensure that qualified appointees are confirmed in a timely manner.
Pallenberg’s decision, issued on Thursday, Feb. 18, affirmed that the appointments submitted by the Dunleavy administration during the second regular session of the 31st Legislature were rejected by operation of law under House Bill 309 as of Dec. 15 and that he had no legal grounds to unilaterally extend the appointments on Dec. 16. HB 309, which was signed into law last May 18, states that failure of the Legislature to confirm appointments will be tantamount to a declination of confirmation.
The decision did not address whether the ruling may invalidate actions taken by any of those appointees during the gap period, and the Legislative Council did not ask the court to do so.
According to a written statement issued by Assistant Attorney General Maria Bahr, the Department of Law is disappointed in the Superior Court’s decision. “We are reviewing the order and awaiting final declaratory judgment to determine future options, including appealing the court’s decision,” Bahr said. “Appointees are continuing to serve under the Governor’s reappointments that occurred on January 19th when the new legislature convened.”
The lawsuit, initiated by the previous Alaska Legislative Council, focused on the constitutional powers of the legislative and executive branches. The lawsuit did not ask the court to invalidate actions of appointees during the gap period that run from Dec. 16 through Jan. 18.
