KELLER v. FRENCH

No. S-13296.

205 P.3d 299 (2009)

Representative Wes KELLER; Representative Mike Kelly; Senator Fred Dyson; Senator Tom Wagoner; and Representative Bob Lynn, Appellants, v. Senator Hollis FRENCH; Senator Kim Elton; Stephen E. Branchflower; Alaska Legislative Council; Senator Lyda Green; Senate Judiciary Committee; Dianne Kiesel; Annette Kreitzer; Janice Mason; Nicki Neal; Michael Nizich; Kristina Perry; and Brad Thompson, Appellees.

Supreme Court of Alaska.

April 3, 2009.


Attorney(s) appearing for the Case

Kevin G. Clarkson, Brena, Bell & Clarkson, P.C., Anchorage, Kelly J. Shackelford, Hiram S. Sasser III, and Roger Byron, Liberty Legal Institute, Plano, Texas, and Scott R. Hoyt, Ashley E. Johnson, and Malachi O. Boyuls, Gibson, Dunn & Crutcher, Dallas, Texas, for Appellants.

Peter J. Maassen, Ingaldson, Maassen & Fitzgerald, P.C., Anchorage, for Appellees Senator Hollis French, Senator Kim Elton, Stephen E. Branchflower, Alaska Legislative Council, Senator Lyda Green, and Senate Judiciary Committee.

Wayne Anthony Ross, Ross & Miner, P.C., Anchorage, for Amicus Curiae Law Professors and Legal Scholars.

Before: MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Claiming that a legislative investigation into the governor's dismissal of the Public Safety Commissioner violated the Alaska Constitution's fair and just treatment clause, five legislators sued two other legislators, a permanent legislative committee, and the investigator to halt the investigation. The five legislators argue on appeal that the superior court erred in denying their motion for a...

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