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KIRK v. CARPENETI

No. 09-35860.

623 F.3d 889 (2010)

Kenneth KIRK; Carl Ekstrom; Michael Miller, Plaintiffs-Appellants, v. Chief Justice Walter CARPENETI, in his official capacity as ex officio Member of the Alaska Judicial Council; James H. Cannon, in his official capacity as Attorney Member of the Alaska Judicial Council; Kevin Fitzgerald, in his official capacity as Attorney Member of the Alaska Judicial Council; Louis James Menendez, in his official capacity as Attorney Member of the Alaska Judicial Council; William F. Clarke, in his official capacity as Non-Attorney Member of the Alaska Judicial Council; Kathleen Thompkins-Miller, in her official capacity as Non-Attorney Member of the Alaska Judicial Council; Christena Williams, in her official capacity as Non-Attorney Member of the Alaska Judicial Council, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 2010.

Attorney(s) appearing for the Case

Joseph Vanderhulst , Terre Haute, IN, for plaintiffs-appellants Kenneth Kirk et al.

Jeffrey M. Feldman , Anchorage, AK, for defendants-appellees, Chief Justice Walter Carpeneti et al.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and RICHARD R. CLIFTON, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

Since statehood in 1959, Alaska has selected its state judges through a system generically and popularly known as "merit selection." The Governor appoints judges from a list of nominees selected from all applicants by a merit selection commission. In Alaska, all judges must be lawyers. Lawyers therefore play a significant role on the merit selection commission. The commission, known as the Judicial Council, is chaired by...

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