Judicial council urges no vote on two Kenai judges in November

The Alaska Judicial Council is urging voters to remove two Kenai judges on the Nov. 3 ballot, a break from 2024, when all 19 judges evaluated carried majority yes votes. Kelly J. Lawson of Kenai Superior Court and Martin Fallon of Kenai District Court are the only two of 21 judges up this cycle recommended against. Eighteen drew yes recommendations; one drew none.

On Lawson, appointed March 2023 and standing for the first time, the council voted 6-0 against, finding she failed standards for judicial temperament and integrity. It concluded that "while performing acceptably on the bench, Judge Lawson has lacked patience, dignity, and courtesy in her communications with court employees, creating friction between Judge Lawson, court staff, and other judges to a degree that has impeded the efficient administration of justice." Court administrators worked with her, the council said, largely without success at the time. Attorneys rated her legal ability good, jurors rated her attentiveness excellent, and her one decided appeal was affirmed.

"I find my work as a judicial officer very rewarding and humbling," Lawson said in her comment to the council.

Fallon, appointed December 2019 and standing for the second time, drew five votes against with one abstention. The council found he failed standards for integrity, diligence and administrative skills, citing a public reprimand the Alaska Supreme Court issued for failing to decide two matters promptly. In one, parties waited over seven months. During that stretch he signed three pay affidavits attesting nothing referred to him had been undecided six months or longer. The supreme court called the conduct negligent while noting he had no prior discipline and no dishonest motive. In January 2025 his pay was withheld again for a matter pending beyond six months. Attorneys rated his diligence excellent.

"I continue to be honored to serve as a District Court Judge in Kenai," Fallon said in his comment to the council.

On Juneau Superior Court Judge Marianna Carpeneti the council deadlocked. Three members voted against retention, one for, and two abstained; Chief Justice Carney, who votes only to change a result, added a yes. Neither reached the four votes required. Her affirmance rate was 97 percent across seven appeals, which the council called excellent; attorneys and court employees rated her impartiality and fairness excellent. Peace and probation officers rated her integrity and judicial temperament below acceptable.

The votes were taken May 18 to 22. A majority of voters decides retention, and judges may not campaign unless actively opposed. Every finding, rating and vote count here comes from the council's evaluations.