A legal group founded by a member of President Donald Trump’s inner circle is suing Alaska’s judge-nominating body.
The America First Legal Foundation, founded by Trump adviser Stephen Miller, accuses the Alaska Judicial Council of failing to respond to a records request as the group seeks to build a case that Alaska’s judge-picking process amounts to illegal discrimination.
The seven-member Alaska Judicial Council evaluates applicants for state judgeships and sends nominations to the governor. Its bylaws direct the council to nominate the “most qualified” applicant for the job based on a variety of criteria, including fairness, integrity and professional competence.
Since 2021, the bylaws have also specified that the council should consider potential judges’ “demonstrated commitment to equal justice and the legal needs of the diverse communities of Alaska” in determining which names should be forwarded to the governor, as well as their “legal and life experience.” The bylaws have also direct the council to actively encourage attorneys across the state to apply for judgeships while “making every effort to promote diversity, including gender and ethnic diversity.”
Those sections of the bylaws drew the attention of America First Legal, a Washington, D.C.-based nonprofit founded by Miller and another White House aide two months after the end of Trump’s first term.
"Several of those factors closely track criteria that the U.S. Department of Justice (DOJ) has identified as proxies for unlawful DEI discrimination," America First Legal said in a news release announcing the suit, referring to diversity, equity and inclusion.
In a letter dated June 5, the group requested nearly six years’ worth of internal documents and communications from the Judicial Council, according to court filings, including documents used to score candidates by various criteria and communications discussing applicants’ race or gender.
The letter also challenges sections of the Judicial Council’s bylaws designating “pre-decisional documents” and other materials used to evaluate applicants as confidential.
“DEI must have no impact here. Your prompt production of the requested records will begin the process by which Alaskans will regain trust in their courts,” the group wrote in its request.
The request is part of America First Legal’s effort to fight what it calls the “toxic effects of diversity, equity and inclusion policies,” the group said in its records request.
As of Wednesday, the council had not responded other than a brief email acknowledging it had received the request, according to the complaint. America First Legal alleges the delay violates state regulations mandating a response from executive branch agencies within 10 days. It’s unclear if that regulation applies to the Judicial Council, since it is not part of the executive branch of state government.
The suit asks an Alaska Superior Court judge to order the council to turn over the records the group requested.
America First Legal did not respond to an interview request Thursday. The conservative group has filed more than 100 legal actions against companies and government entities across the country and lists “dismantling diversity, equity and inclusion” as one of its top priorities. It raised nearly $32 million for its efforts in 2024, according to tax records compiled by ProPublica.
The Alaska Judicial Council, envisioned as a bulwark against partisan political influence in the selection of judges, has been a frequent target of social conservatives who see the state’s judiciary as too left-leaning.
Republican Gov. Mike Dunleavy in 2019 refused to appoint one of the council’s nominees to fill a vacancy in Palmer and in 2021 asked for a new set of nominees for a seat on the Alaska Supreme Court, later relenting on both occasions. Expanding the governor’s power to appoint judges outside the Judicial Council process was a key point in the unsuccessful 2022 campaign to call a convention to revise or rewrite the state Constitution.
The Judicial Council’s top administrator, Executive Director Susanne DiPietro, said in a statement that the council had not been served with the lawsuit and would respond once it was served.
