Judicial Council seeks dismissal of DC group's suit over scoring records

The Alaska Judicial Council is asking an Anchorage court to throw out a Washington, D.C. legal group's lawsuit seeking six years of records showing how the council scores judicial applicants. The dispute turns on which public-records rules, if any, govern the council.

America First Legal Foundation filed suit Sept. 2, 2026, in Anchorage Superior Court under the Alaska Public Records Act, AS 40.25.100 through AS 40.25.295. The group says the council missed a 10-day deadline to respond to its request. The council says that deadline does not apply to it.

The records sought include scoring sheets, evaluations and interview assessments for applicants dating back to Jan. 1, 2020, plus memos on demographics of applicants and the bench and communications with the governor's office about nominee diversity.

The group emailed the request June 5 to executive director Susanne DiPietro, who replied that afternoon: "Receipt confirmed." The complaint says the council then went silent for "nearly three months, well beyond the maximum ten (10) days allowed," arguing it has "denied or obstructed" inspection.

The request letter, signed by Bobby Crossin, cites a 2021 council bylaw on promoting diversity among applicants and argues judges' "selection must be solely based on meritocratic principles."

The council answered Sept. 24. Its lawyers, Thomas Amodio and Kevin Boots of Reeves Amodio, filed a motion to dismiss, arguing the 10-day rule applies only to executive-branch agencies, while the council is an independent body under Article IV, Section 8 of the Alaska Constitution. The motion adds that "the Council's own bylaw governing public access to its records has no ten-day limit."

The council also says it "has not denied the request" and "is actively gathering responsive, non-confidential records for production," arguing there is no live dispute: "Courts do not issue injunctions compelling an agency to do what it is already willingly doing."

The Public Records Act separately directs the administrative director of the Alaska Court System to set procedures for judicial-branch agencies, a provision the group's letter leans on. Neither filing resolves whether the council counts as a judicial-branch agency under that section.

The council's bylaws, last amended December 2020, make most records public but shield some material, including applicant communications and investigative materials, when release would cause substantial harm. A committee has reviewed the bylaws since December 2025.

The group speaks only through its complaint and letter, and the council only through its motion and DiPietro's reply, leaving a one-sided record that does not say when the council expects to release anything. Whether the council must follow the same 10-day clock as executive-branch agencies is now for the judge to decide.