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COOK v. BOTELHO

Nos. S-7253, S-7263.

921 P.2d 1126 (1996)

Tim O. COOK, Appellant, v. Bruce M. BOTELHO, Attorney General of the State of Alaska, Appellee. The ALASKA STATE LEGISLATURE, Appellant, v. Bruce M. BOTELHO, Attorney General of the State of Alaska, Appellee.

Supreme Court of Alaska.

August 2, 1996.

Attorney(s) appearing for the Case

Wevley William Shea, Anchorage, for Tim O. Cook.

Pamela Finley, Legislative Counsel, Legislative Affairs Agency, Juneau, for Alaska State Legislature.

David T. Jones, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We are here required to construe the constitutional allocation of the power to appoint and remove members of regulatory commissions, and the constitutional and statutory provisions governing appointments during a recess of the legislature. The superior court entered summary judgment in favor of Attorney General Bruce Botelho, holding that Tim O. Cook does not lawfully hold the office of Alaska...

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