A Superior Court judge ruled on Friday in favor of former Gov. Sarah Palin in a lawsuit over her use of personal e-mail accounts to conduct state business.
Judge Patrick McKay concluded, among other things, that "not all emails relating to state business are necessarily public records, and that the "use of private email accounts to conduct state business does not -- in and of itself -- violate state law."
A preliminary injunction issued Oct. 10, 2008 requiring Palin to "preserve for the duration of the litigation all emails whose content relates in any way to official state business" was also terminated. Palin "may revert to the procedures outlined in state statutes and GARRS (General Administrative Records Retention Schedule)."
Frequent Palin critic and opponent Andree McLeod filed the lawsuit in October of 2008 while Palin was campaigning for vice president.
McLeod filed a public records request to obtain copies of all e-mails relating to official state business sent to or from Palin's state e-mail account and two private Yahoo accounts and a private e-mail account of Todd Palin.
Although McKay ruled in Palin's favor, he did note that "… McLeod may be correct in her assertion that the Governor was making an end-run, or it could simply be that the Governor's staff truly communicated better (and thus governed more effectively) by using private accounts … But this court is not concerned with the Governor's intentions; it is only concerned with whether the Governor's actions were lawful.
"A great number of Alaskans may share McLeod's belief that the governor and top staff should not be communicating by unsecure, private accounts, but if such actions are not prohibited by state law, then closing this perceived ‘loop hole' is a matter for the consideration of the Legislature.
"It is not this court's job to legislate a ban to a lawful practice."
Unbelievable. It is as if nobody wants to hold this woman accountable for ANYTHING!
Hide your e-mails from public scrutiny. Fire the chef in the Governor's mansion. Get rid of your security detail. Move away from Juneau and the prying eyes of lawmakers while hiding in your Wasilla home.
Did this woman ever do anything that was NOT secretive or suspicious?
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well, why not just have our government conduct all public business on private e-mail accounts?? what in the world is going on here? this is crazyland.
ReplyDeleteActually, under the Government code, ALL EMAILS RELATING TO STATE BUSINESS are public records.
ReplyDeleteJust who the fuck is this "judge" anyway? Oh, that's right... he's got a hard-on for Sarah.
Sheesh.
As a state employee myself, I know I'd be FIRED if I conducted business from my personal account. Period!
-soapydog
having trouble logging in.
"Did this woman ever do anything that was NOT secretive or suspicious? "
ReplyDeleteAnd how looooong will she continue to get away with it?
when will it end? who is going to step up to the plate?
ReplyDeleteOH -- and let's not forget this is the same judge who was recently arrested for his 2nd dwi, right??? damn hypocrites!
ReplyDelete-soapydog
Whoa! Is this case being appealed?
ReplyDeleteIf so, there ought to be a motion filed to ensure that the questionable emails are preserved.
Has anyone checked to see if this judge was appointed? If so, by whom?
If not, who contributed to his election campaign.
Here in Kansas, we've discovered that many of the judges who deliver the most outrageous judgments are those who were appointed by Republican governors.
Kansas actually has a website where you can view the professional resumes of each judge. That way, prior to a judicial election, you can get a feel for where they came from and what they might adhere to -- you can even see ratings for each judge by other judges, juries, and lawyers for the major level of judges. This comes in handy because you can also see the background appointed judges.
Does Alaska have anything such as that? If not, why not?
Also - sounds like it is high time for Alaskans to get a law in place to prevent Palin-like abuses. I almost felt as if the judge in this case was hinting quite loudly through his prose that this should be done.
Well it appears that the Supreme Court Justices aren't the only ones who have lost it? This is a f***king outrage! I am so tired of this evil woman getting away with anything and everything. Can't someone in Alaska please step up to the task at hand?
ReplyDeleteGiven there was no law against it the judge had no option. And there was no law against it because the underhanded, deceitful and dishonest Sarah Palin had yet to be elected.
ReplyDeleteWhen they finally enact legislation I hope they name it the Sarah Palin Yahoo Account Law.
OUTRAGEOUS and too sickening for words!!!!!!! Her day will come and the fall will be huge....biggest HOAX in American political history. If she goes to her death bed without being exposed , she will burn in hell for what she did in this lifetime.
ReplyDeleteSo what's the score now, 39-0?
ReplyDeleteI don't know why you're surprised, Gryphen. I'm beginning to believe that NO ONE will come out and NAIL her, even for all the Alaskan blogs I follow when you all "claim to know."
ReplyDeleteNothing against ANY of you, the more she keeps going and no one DOES anything is incredibly frustrating to me...but less than the fact she does it in the name of the LORD.
Amazing. State business in private emails seems dangerous. There are no rules for Palin.
ReplyDeleteWant some info on the judge plus some info on how to find out more? See below.
ReplyDeleteSo, this is the same Superior Court judge who was sentenced for his second DUI in October 2009, is it? I goggled his name and found a story on this website: http://alaskapride.blogspot.com/2009/10/anchorage-superior-court-judge-patrick.html.
The article has a link to the official records site so you don't have to take the author's word for it. McKay's first DUI was apparently over 15 years ago, hence a lighter than usual sentence for a second offense.
He did do jail time though. Cute.
Found this on the Alaskan Main Judge List at http://www.ajc.state.ak.us/Judges/judgemain.htm#macdonald:
Patrick J. McKay - Anchorage Superior Court
Appointed: November 30, 2005, by Governor Frank Murkowski
Replaced: Judge Dan A. Hensley
First Retention: 2010
2005 Judicial Application
In addition, if you go to http://www.ajc.state.ak.us/Selection/Applications/2005%20fall/McKayapp.pdf,
you will find an online copy of his 2005 Judicial Application (there is a link as you can see above on that Main Judge List page.
Very interesting. He does explain his prior DWI conviction as a "life changing event" that he would "not be shy of sharing with others for their benefit." That's nice, but one wonders if he's stayed under the radar until last fall or just started drinking again or if it was simply a one-time thing each time? Who knows. Interesting, though.
Also - his trial experience wasn't as extensive as I would have it would be to get a Superior Court position, but each jurisdiction varies. Perhaps there are just not many experienced trial attorneys in Alaska who want to be judges or that many positions that come open. Makes me wonder, though, if there were more qualified candidates when Murkowski appointed him.
I am not an Alaskan, so you tell me: wasn't Governor Murkowski a Republican? Do Republican Alaskan Governors tend to appoint Republicans for key judge positions? They do here in Kansas. Just saying. Might be a factor; might not be. Worth thinking about.
What do you have to do to get put in jail in Alaska? Besides getting set up for drugs that is? Let's see, vandalizing school buses, no problem. Breaking, entering and trashing someone's house plus under age drinking, maybe drugs, no problem. Shoot moose on another person's tag, no problem, catch fish without proper paper work, no problem. Repeat gossip that is widely circulated - bingo! law suit!
ReplyDeleteIf Obama had even the slightest whiff of a rumor about him conducting government business on a private email account, the blowback from the right would be excruciating -- even if it was just a nasty rumor.
ReplyDeleteAnd yet, it's perfectly ok for lil' miss Sarah to do it for real! I'm beginning to give up thinking that there is any fairness in the world anymore and perhaps I should just start acting like there are no rules prohibiting me from doing whatever I want. This law-abiding, good citizen sh*t just isn't cutting it.
As I've said before, this woman's gotta have a horseshoe up her @ss! It's astonishing that she gets away with her deceit! It's beyond belief!
ReplyDeleteI don't know Alaska's laws. Maybe the judge is right on a technical level.
ReplyDeleteThe ethics of this, however, are obvious, and in that regard this judge is wrong.
Well, perhaps even on a technical level the judge is wrong.
Is there an appeal process that can be pursued? I hope so, and I hope that Ms. McLeod does so.
Huh?
ReplyDeleteI thought this was clearly covered by Alaskan law?
Did Sarah buy of the judge?
There seems to be a lot of that going around in Supremes this week.
Judge McKay doesn't want any trouble from any of Sarah's pals. He's going to stay in her good graces. As mentioned above, he's on probation for three years for the 8/27/09 DUI. Sentencing Info: Fine: 3,000.00, Susp: 1,500.00 Costs: 75.00, Susp: , Incl: N Jail Start: , days: 90, Jail End: susp days: 85, susp time: Points: , Lic susp: , Dr Ed: N Susp start: , days: 90, Susp end: Clearance Date: Mod: , narr: , Lic flag: Dr sch: N, DUI sch: N, Rest: ASAP, IID 12 months, Obey all court orders & conditions of probation. Prob type: Unsupervised Probation, start: 10/27/2009, days: 1095, End: Charge #1: AMC9.28.020(A): Driving Under the Influence
ReplyDeletehttp://www.courtrecords.alaska.gov/pa/pa.urd/pamw2000.docket_lst?73813297
He's had several "tickets" and a few lawsuits filed against him:
http://www.courtrecords.alaska.gov/pa/pa.urd/PAMW6500
Including a suit for malpractice:
http://www.courtrecords.alaska.gov/pa/pa.urd/pamw2000.docket_lst?72313038
and something to do with being a trustee of a trust:
http://www.courtrecords.alaska.gov/pa/pa.urd/pamw2000.o_case_sum?71861062
And something to do with Handicapped parking in Valdez:
http://www.courtrecords.alaska.gov/pa/pa.urd/pamw2000.o_case_sum?47038520
From the judicial application:
He had NO CLE in 5 years preceding judicial application!! ha ha. Maybe he just doesn't keep up with the law. In Texas, we're required to complete 15 hours of CLE annually.
His first DUI was in 1988-- he was 36 years old, his son was 6 years old and his daughter was 16 years old. So the DUIs are not a youthful indiscretion but done when a mature adult.
Does Andree need financial help to appeal the ruling?
ReplyDeleteGadzooks LisanTX, how the hell is this man still a member of the Bar, much less a judge????
ReplyDeleteHang on, before you blast the judge too much, remember his job is to interpret laws are currently on the books. Read the last part of the quote:
ReplyDelete"A great number of Alaskans may share McLeod's belief that the governor and top staff should not be communicating by unsecure, private accounts, but if such actions are not prohibited by state law, then closing this perceived ‘loop hole' is a matter for the consideration of the Legislature."
Can I suggest that if you're one of those Alaskans, go phone / write / email your local representative. Tell them this loophole *must* be closed. Keep up the pressure, and back your representative until a new law is created.
So, this judge is saying using private emails to conduct govt business is not "technically" wrong? No law against it? But weren't those laws written before the age of emails?
ReplyDeleteTechnology always trumps the law, it seems.
Perhaps the legislature could be persuaded to immediately pass a bill to correct this oversight?
Or is this judge just an idiot and a fraud (as many seem to think)?
The main thing is--Palin once again escapes the hangman's noose. How many lives does she have left?
What is really going to take her down? How about the IRS?
Sadly, I have to concur that the judge is limited to the scope of the actual law.
ReplyDeleteAnd, in answer to your closing question, Gryphen: No.
This ruling, and the unGodly ruling from SCOTUS, is what happens when you don't have balance in the Court system.
ReplyDeleteAnd the rethugs bitch about Judicial Activists? They were all put there by the rethugs.
Another case of projectionism from the rethugs raising it's ugly head, once again.
Call your congressman if you don't like it.
ReplyDeleteThe judge interpreted the law, that's his job, if you don't like the law then work to get it changed.
This decision may be a setup for Sarah's email hacking trial in Tennessee.
ReplyDeleteGoogle "David Kernell" for more info.
Or Wikipedia:
http://en.wikipedia.org/wiki/Sarah_Palin_email_hack
What? This is a less than average ruling. What is the process for making a superior court judge stand down? Eveything a state employee does is public, paid for activity. When did this change? Show me the statue and regulations. This cannot stand. This is a case of a lower court "erring". Stop erring.
ReplyDeleteI want my coupon!
ReplyDeleteAmen! NancyDrew.
ReplyDeleteOkay, I have continually heard Judge McKay referred to as an idiot and a fraud. Readers are attacking him personally and professionally by referring to his DUI record, which has nothing to do with this case.
ReplyDeleteYet a few weeks ago, everyone here was upset about a group of Palin supporters criticizing and allegedly planning to attack the Palmer judge in the custody case.
Folks - both judges are upholding existing state law. Why is it terrible for the Palinites to attack a judge, and fine when we do it? And don't tell me that what they did was so much worse. It's all on the same continuum.
Everyone needs to calm down.
anon@5:34
ReplyDeleteNo one is Attacking a judge...since when are truthful "Facts" a attack?
No one is sending threatening email or going over to protest, WTF are you talking...concern troll?
When the facts are on your side, argue the facts.
ReplyDeleteWhen the law is on your side, argue the law.
When neither is on your side, attack the opposition and the judge.