CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Abby Murray
Here, the supreme court found clear and convincing evidence that District Court Judge Martin C. Fallon acted negligently, amounting to violations of Alaska Code of Judicial Conduct Canon 2A and 3B(8). Matter Involving Fallon, 544 P.3d 626, 628–29 (Alaska 2024). Specifically, Judge Fallon failed to decide on two matters in a timely manner. (Id. at 628). Further, while one of these matters had been ripe for over six months, Judge Fallon signed three pay affidavits attesting that none of his matters had gone undecided for six months or longer. (Id. at 627). He signed these affidavits even after another judge had brought the overdue matter to his attention. (Id.). Although one of the matters had been erroneously closed on the Alaska Court System’s case management software, this does not supplant a judge’s responsibility to manage deadlines. (Id. at 629). Judge Fallon had previously heard both of the matters, and therefore should have been aware of the deadlines. (Id. at 628–29). The court noted that a decision delayed unreasonably risks injury to the parties and undermines the public’s confidence in the judiciary. (Id. at 629). But it also recognized the presence of several mitigating factors in this case, including that Judge Fallon had not faced prior disciplinary proceedings; he cooperated with the disciplinary proceedings; and he did not have a selfish or dishonest motive. (Id. at 629–30). On the balance of these circumstances, the court agreed with the Alaska Commission on Judicial Conduct and ordered a public remand against Judge Fallon. (Id. at 630).
