Dunleavy's attorney general won't back Dunleavy's baseless claim of court bias
Gov. Mike Dunleavy and the other members of his support group, Stand Tall With Mike, accused the chief justice of the Supreme Court of acting unethically by refusing to recuse himself from the recall case.
It is a baseless claim from Dunleavy and the rest of his group.
The best proof that there is no merit in Dunleavy’s claim is that his attorney general is not acting to try to get the chief justice removed from the case. The Anchorage Daily News reports that AG Kevin Clarkson accepts the participation of the chief justice and will not challenge it.
That is the only sensible decision.
What should happen now is that Dunleavy should either fire Attorney General Kevin Clarkson over this or apologize to Supreme Court Justice Joel Bolger. Neither one is going to happen.
If anyone fails the test of impartiality, it’s Dunleavy.
In the press release announcing that the state alone, without Dunleavy’s support group, would pursue the fight against the recall, Stand Tall With Mike said that Bolger should not be hearing the case: “Chief Justice Bolger is a material witness in the case, and directly participated in the events that gave rise to one of the recall charges. Since then he has made public statements criticizing vetoes made by the governor.”
Dunleavy did not sign his STWM press release or take responsibility for any of the claims he made about how he is being treated unfairly by the courts. But it is his group, it acts for him, and he is responsible for the organization.
Bolger is not a “material witness" in the case.
At a press conference this week, Dunleavy wouldn’t repeat the claims of his own group about Bolger, as he said he doesn’t have evidence.
“It raises questions,” Dunleavy said. “I mean, I’m not prepared to say that the Supreme Court justice is bound and determined to stick it to myself. I’m not prepared to say that. I don’t have evidence of that.”
The Supreme Court wrote an unusual letter to the parties in the recall case after Dunleavy’s support group backed out, reminding the state and the recall committee that the parties could file a motion with the court with arguments to dismiss Bolger.
“Chief Justice Bolger does not have an personal bias or prejudice concerning the parties or attorneys involved in this case, or personal knowledge of any disputed evidentiary facts, and he knows of no other reason why he cannot render a fair and impartial decision in this matter,” Meredith Montgomery, Supreme Court clerk, wrote.
Along with the letter, she provided copies of: Bolger’s remarks to the Alaska Federation of Natives last fall about the need for impartial courts; a court systems statement on budget cuts; a statement made after Dunleavy had announced he would not follow the Constitution on selecting a judge; and remarks to the Alaska Judicial Council about the constitutional requirements.
Clarkson is not making a request to remove Bolger because there is no evidence to back up Dunleavy’s claim.