Alaska State Supreme Court: Troopergate
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On Friday, The Alaska State Supreme Court agreed to hear an emergency appeal from lawyers seeking to shut down the Legislature's investigation of Gov. Sarah Palin.
The state Supreme Court scheduled oral arguments on their appeal for 3 p.m. Wednesday and agreed to rule no later than the close of business Thursday.
On September 16, five Republican state lawmakers filed a lawsuit to stop the investigation that was authorized by the legislative council. The following day we posted a blog that stated, "this is ridiculous as no judiciary is going to insert itself in a disagreement between lawmakers over a difference of opinion."
In July, a bi-partisan group of lawmakers had voted unanimously to support an investigation into the governor's firing of former public safety commissioner Walt Monegan and that her office potentially abused their power.
Only after Governor Sarah Palin was named to the McCain ticket did a handful of Republican lawmakers begin complaining about fairness and attempting to delay the final report.
On Thursday, Superior Court Judge Peter Michalski dismissed the lawsuit, ruling that the conduct of the investigation did not violate the right to fairness. He found the Legislature has the right to investigate, and issues such as whether that happens through a council or committee are not for the courts to decide and is "business to be left to the legislative branch."
As we stated after the lawsuits were filed, the lawmakers filing this suit have no standing to sue their fellow lawmakers. The legislature operates with the rule of 21 and 11 meaning 21 votes in the House and 11 in the Senate allows the legislature to set their own rules and direction by a majority vote. The ruling by Michalski proved the judiciary will not get involved in a legislative spat between lawmakers.
In addition, Michalski threw out a lawsuit filed by Alaska Attorney General Talis Colberg. Colberg, a Palin appointee, was attempting to persuade the court to quash the Legislature's subpoenas ordering state officials to testify in the investigation. By dismissing Colberg's suit, Judge Michalski ruled the subpoenas were legally issued and enforceable.
Look for the Alaska State Supreme Court to uphold Judge Michalksi's ruling and allow independent investigator Steve Branchflower to go about his business.
This is nothing more than a frivolous lawsuit. The legislature is free to conduct their business as they see fit and the rules are worked out among themselves based on a majority of the votes in the Senate and House and the judiciary is not going to get involved between squabbling lawmakers.
The Supreme Court only agreed to take this case due to public interest and establishing a precedent so the next time the lawmakers want to sue themselves they won't burden the court.
What is the most absurd about this whole process of wasting time and money is the lawsuit was filed by some of the same Republican lawmakers like Fred Dyson who have long berated Alaskan judges for legislating from the bench.
The Supreme Court will toss this out and then Branchflower will put his report out.
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