Kristie Babcock (courtesy photo)

Kristie Babcock (courtesy photo)

Voices of the Peninsula: Only rural applicant of color denied opportunity

I was shocked that a highly qualified, sitting presiding judge was denied the opportunity to even be considered by the governor.

  • By Kristie Babcock
  • Thursday, May 27, 2021 9:55pm
  • Opinion

By Kristie Babcock

Chief Justice Joel Bolger, like many lawyers, is good with words, but the words have no real meaning.

This is the lesson I learned during my first official session on the Alaska Judicial Council. I read the Chief Justice’s June 8, 2020 letter.

Justice Bolger wrote: “We recognize that too often African-American, Alaska Natives, and other people of color are not treated with the same dignity and respect as white members of our communities. And we recognize that as community members, lawyers, and especially as judicial officers, we must do more to change this reality.”

Yet when confronted with a test of his own prejudice, his own condescending attitude toward rural Alaska, his own “big city” bias, he failed the test.

The vacancy the Judicial Council was dealing with was to replace the soon-to-be-retired Justice Bolger himself. On his way out, he still wanted to control who might replace him. There was one applicant for the State Supreme Court who was from rural Alaska. That same applicant was also the only person of color to apply.

That applicant was Superior Court Judge Paul Roetman, presiding judge of the entire 2nd Judicial District. The Judicial Council split 3-3 on nominating Judge Roetman.

The tie-breaking vote was Chief Justice Bolger.

Let us review what he wrote just one year ago:

“We judges must examine … what biases — both conscious and unconscious — we bring, and how we can improve our justice system …We must continue our efforts to make our court system and its judges reflect the community that we serve.”

“We must also work to attract more people of color to the practice of law and, ultimately, to judicial careers.”

When put to the test, Chief Justice Bolger proved his biases against even nominating a person of color and a person who lives in Rural Alaska. What did the (very white, very urban and urbane) chief justice have to say when he denied Judge Roetman even the opportunity to be considered for appointment? Nothing.

In my opinion his vote tells the truth and his June 8, 2020 letter was just puffery.

Justice Bolger had no trouble writing these words: “To heal the raw wounds of racism and history so painfully laid bare.” But when it was up to him to nominate the only applicant who was both from rural Alaska and the only person of color, he voted no. Instead, only three white, urban judges were nominated.

I was shocked that a highly qualified, sitting presiding judge was denied the opportunity to even be considered by the governor. You see, the way our Constitution is designed, the governor must appoint judges only from the nominations the Judicial Council sends along. The council has total control over the nomination. The governor has no discretion except to pick from a list we send him.

And who are the seven members of the Judicial Council? Three of us are public members, appointed by the governor for six-year terms and subject to a vote of confirmation by a joint session of the Alaska Legislature.

Three other members are privately selected by the Board of Governors of the Alaska Bar Association. Lawyers choosing lawyers to choose the judges. That is the way the current system works. The chief justice chairs the council and only casts tie-breaking votes.

Is it any surprise that the public members voted to give Judge Roetman a chance to be considered? All three public members of the council were convinced Judge Roetman was highly qualified and deserved an opportunity to be considered by the governor.

The three lawyers voted no.

What exactly was so negative about the presiding judge of the Second Judicial District that he should be denied the chance to be considered by the governor?

He did not attend enough lawyer club activities in the urban areas? Perhaps he does not dress the part? Maybe he is good enough for rural Alaska, but not good enough for the big league in the big city. Maybe he uses syntax that does not sound “white” enough. I expect the responses from the lawyers will be what minorities are very used to hearing … not up to par, not quite good enough, not the “best timber,” “does not have quite the right temperament,” or some other gobbledygook.

Those of us who are women recall such lame, chauvinist and absurd objections to our consideration in times past.

At least the Judicial Council has moved beyond that prejudice. Although it appears to still harbor some nasty biases — conscious or unconscious — when it comes to Rural Alaska and people of color.

If only a presiding judge, a person of color, a lifelong Alaskan, with decades of experience, who lives and works and understands rural Alaska could be given the same opportunity.

The ability, common sense and integrity of each applicant is what counts. I do not make the argument that skin tone means very much, but Chief Justice Bolger prominently did. He made a huge point in his June 8, 2020, letter (a letter signed by four of the five members of the Supreme Court).

But when push came to shove, when his was the deciding vote, he killed the nomination of Judge Paul Roetman — the only Rural Alaskan and the only person of color to even dare to apply to the all urban and all white State Supreme Court.

The council is responsible for forwarding (at least two) names for nomination for every vacancy on the court, but nothing stops us from forwarding all highly qualified applicants for consideration by the governor.

What Chief Justice Bolger, by his final act on the Judicial Council, did to the dreams and aspirations of people of color and rural Alaskans is devastating and terribly, terribly wrong.

Kristie Babcock is a public member of the Alaska Judicial Council. She is a lifelong Alaskan, business owner and resident of the Kenai Peninsula. She worked as director of boards and commissions for two governors and has observed the Judicial Council for over 30 years.

More in Opinion

Nick Begich III campaign materials sit on tables ahead of a May 16, 2022, GOP debate held in Juneau. (Peter Segall / Juneau Empire file photo)
Opinion: North to a Brighter Future

The policies championed by the Biden/Harris Administration and their allies in Congress have made it harder for us to live the Alaskan way of life

Soldotna City Council member Linda Farnsworth-Hutchings participates in the Peninsula Clarion and KDLL candidate forum series, Thursday, Sept. 5, 2024, at the Soldotna Public Library in Soldotna, Alaska. (Photo by Erin Thompson/Peninsula Clarion)
Opinion: I’m a Soldotna Republican and will vote No on 2

Open primaries and ranked choice voting offer a way to put power back into the hands of voters, where it belongs

Shrubs grow outside of the Kenai Courthouse on Monday, July 3, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Opinion: Vote yes to retain Judge Zeman and all judges on your ballot

Alaska’s state judges should never be chosen or rejected based on partisan political agendas

A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Point of View: District 6 needs to return to representation before Vance

Since Vance’s election she has closely aligned herself with the far-right representatives from Mat-Su and Gov. Mike Dunleavy

The Anchor River flows in the Anchor Point State Recreation Area on Saturday, Aug. 5, 2023, in Anchor Point, Alaska. (Delcenia Cosman/Homer News)
Opinion: Help ensure Alaskans have rights to use, enjoy and care for rivers

It is discouraging to see the Department of Natural Resources seemingly on track to erode the public’s ability to protect vital water interests.

A sign directing voters to the Alaska Division of Elections polling place is seen in Kenai, Alaska, Monday, Oct. 21, 2024. (Photo by Erin Thompson/Peninsula Clarion)
Vote no on Ballot Measure 2

A yes vote would return Alaska to party controlled closed primaries and general elections in which the candidate need not win an outright majority to be elected.

Derrick Green (Courtesy photo)
Opinion: Ballot Measure 1 will help businesses and communities thrive

It would not be good for the health and safety of my staff, my customers, or my family if workers are too worried about missing pay to stay home when they are sick.

A sign warns of the presence of endangered Cook Inlet beluga whales at the Kenai Beach in Kenai, Alaska, on Monday, July 10, 2023. (Jake Dye/Peninsula Clarion)
Opinion: Could an unnecessary gold mine drive Cook Inlet belugas extinct?

An industrial port for the proposed Johnson Tract gold mine could decimate the bay

Cassie Lawver. Photo provided by Cassie Lawver
Point of View: A clear choice

Sarah Vance has consistently stood up for policies that reflect the needs of our district

Alex Koplin. (courtesy photo)
Point of View: Ranked choice gives voters more voice

The major political parties are not in touch with all Alaskans