Juneau residents line up outside of the Planet Alaska Gallery to sign an application petition to recall Gov. Mike Dunleavy on Thursday, Aug. 1, 2019. (Michael Penn | Juneau Empire File)

Juneau residents line up outside of the Planet Alaska Gallery to sign an application petition to recall Gov. Mike Dunleavy on Thursday, Aug. 1, 2019. (Michael Penn | Juneau Empire File)

Judge halts enforcement of decision in Dunleavy recall case

The judge agreed with arguments made by the recall opposition group Stand Tall With Mike.

  • By BECKY BOHRER Associated Press
  • Thursday, January 30, 2020 11:07pm
  • News

JUNEAU — A state court judge Wednesday put on hold a decision that would have allowed an effort to recall Alaska Gov. Mike Dunleavy to move to a new signature-gathering phase, a stay intended to provide time for the Alaska Supreme Court to weigh in.

Superior Judge Eric Aarseth in Anchorage agreed with arguments made by the recall opposition group Stand Tall With Mike in issuing the stay.

Earlier this month, Aarseth ruled the recall effort could proceed and ordered the Division of Elections to issue petitions by Feb. 10, to allow supporters to begin a second signature-gathering phase. At the time, he said he did not intend to grant a stay halting that process. There was confusion last week when an order granting a stay was issued. Aarseth subsequently said that action was inadvertent and accepted additional arguments, including those given in court Wednesday morning. Stand Tall With Mike argued, among other things, that if the Alaska Supreme Court made a decision invalidating part of the recall application during or after the signature-gathering effort that it would lead to more legal disputes and create confusion. Aarseth said Wednesday that particular point resonated. He said his interest lies with trying to “preserve and protect” voters’ ability to express their opinion. “So when you have in mind that this is a process where the public is making this decision, you want to have as much clarity for the public as you can when they have to start making these decisions,” he said, adding that will really start when signatures are being gathered. It will create confusion if someone signs the petition and the legal grounds that Aarseth approved are later invalidated, he said. “And from the court’s perspective, confusion equals harm,” Aarseth said. He lifted the Feb. 10 deadline, putting on hold his ruling allowing the recall effort to advance until the Alaska Supreme Court makes a decision.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Jahna Lindemuth, an attorney for the Recall Dunleavy campaign, said she disagreed with the stay and asked Aarseth to require that appeals be filed quickly with the Alaska Supreme Court, suggesting a Friday deadline. Brewster Jamieson, an attorney for Stand Tall With Mike, asked for a Monday deadline, saying he had other matters to tend to this week. He said the group meant it when it previously said it would support an expedited appeals schedule. Aarseth ordered that appeal notices be filed by Monday.

Claire Pywell, the Recall Dunleavy campaign manager, in a statement said the campaign seeks a decision from the Supreme Court as soon as possible.


• By BECKY BOHRER, Associated Press


More in News

Welcome messages in multiple languages are painted on windows at the University of Alaska Anchorage at the start of the semester in January. (University of Alaska Anchorage photo)
Juneau refugee family gets ‘leave immediately’ notice; 4 people affiliated with UAA have visas revoked

Actions part of nationwide sweep as Trump ignores legal orders against detentions, deportations.

The Soldotna Field House is seen on a sunny Monday, March 31, 2025, in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Soldotna sets fees, staffing, policy for field house

After a grand opening ceremony on Aug. 16, the facility will be expected to operate in seasons.

Alaska State Troopers logo.
Officers who shot and killed man in Kasilof found ‘justified’

The three officers were found to be justified in their force by the Office of Special Prosecutions.

A screenshot of a Zoom meeting where Superintendent Clayton Holland (right) interviews Dr. Henry Burns (left) on Wednesday, April 9, while Assistant Superintendent Kari Dendurent (center) takes notes.
KPBSD considers 4 candidates for Homer High School principal position

School district held public interviews Wednesday, April 9.

Organizer George Matz monitors shorebirds at the former viewing platform at Mariner Park Lagoon. The platform no longer exists, after being removed by landowner Doyon during the development of the area. (Photo courtesy of Kachemak Bay Birders)
Kachemak Bay Birders kicks off 17th year of shorebird monitoring project

The first monitoring session of 2025 will take place Saturday.

The Alaska State Senate meets Thursday, where a bill boosting per-student education funding by $1,000 was introduced on the floor. (Mark Sabbatini / Juneau Empire)
Education bill with $1,000 BSA hike — and nothing else — gets to Senate floor; veto by Dunleavy expected

Senate president says action on lower per-student education funding increase likely if veto override fails.

A table used by parties to a case sits empty in Courtroom 4 of the Kenai Courthouse in Kenai, Alaska, on Wednesday, Dec. 11, 2024. (Jake Dye/Peninsula Clarion)
Trial for troopers indicted for felony assault delayed to 2026

The change comes four months after a judge set a “date-certain” trial for June.

Members of the Alaska State Employees Association and AFSCME Local 52 holds a protest at the Alaska State Capitol on Friday, Feb. 14, 2025. (Jasz Garrett / Juneau Empire file photo)
State employee salaries fall short of levels intended to be competitive, long-delayed study finds

31 of 36 occupation groups are 85%-98% of target level; 21 of 36 are below public/private sector average.

Most Read