After nearly 30 years on the bench, former Alaska Supreme Court Chief Justice Dana Fabe has retired. She was the first woman to serve on and lead the state’s high court. Fabe spoke with APRN’s Lori Townsend earlier this summer and reflected on the changes she’s seen since she first became a judge in 1988. She was appointed to the state’s supreme court in 1996.
FABE: I can say, with assurance, that the Alaska Supreme Court is one of the most collegial, collaborative courts in the country. I think that, unlike the United States Supreme Court where people can predict, sometimes based on the make up of the court, that it’s going to be a 5-4 split and what that 5-4 split is going to be. I think our court is much less predictable because we really try to analyze the cases for the first time with each other in the room so that you can really listen to your colleagues and although I may have the same take on a case after I have finished my conference with my colleagues, as I did when I went into the conference room, I never left the conference room without being more informed and having some new insight provided by one of my fellow justices.
TOWNSEND: You’ve also advocated for a stronger relationship between the state courts and tribal courts. What progress would you say there has been in that regard, and what remains to be done?
FABE: Well, I think we have made progress. You know, my first term as Chief Justice, 2000-03, we invited tribal judges to attend our state judicial conference in the fall. And we learned together about the cases that we share as judges: child custody and child protection cases. I think those joint training programs have been a wonderful for our state court judges to meet their tribal court counterparts and colleagues. And to discuss issues of mutual concern, and then I will say the Supreme Court’s rule that it passed to really institutionalize the restorative justice system into our criminal justice system. In particular, the restorative justice system implemented by tribal courts and tribal entities has been a huge step forward.
TOWNSEND: You’ve been an advocate for more diversity on the bench to better reflect the community, and ensuring that for people who English is not their first language understand court proceedings. When did you first get started with that work and how has it advanced in these years?
FABE: You know, I’ve chaired now the Fairness Diversity and Equality committee for many years and that committee has one of its mission to increase diversity on the bench because a diverse bench which reflects the community is so important. The community members are going to have so much more trust and confidence in a court that reflects the community itself and it’s very difficult to see the principles of equal justice at work if there’s no diversity on the bench.
TOWNSEND: How do you think we’re doing in that respect in the state?
FABE: I feel very heartened that Governor Walker’s first few appointments to the bench have been very diverse appointments and I think it’s wonderful that Governor Walker appointed an African American judge to the Superior Court, only the second African American judge to serve on the Superior Court here in Anchorage. He appointed a woman Superior Court judge in Judge Crosby. Before Judge Crosby’s appointment, out of 18 Superior Court judges in Anchorage we were down to one woman. Again when I was appointed to the bench in 1988, there were three of us out of ten. 30%. And we were down to one woman out of 18.
TOWNSEND: When you reflect on the growth you’ve seen in 20 years, more than 20 years, what would you like to see the court system in Alaska look like in 20 more years.
FABE: I’m hoping that the court continues on a mission to make sure that when people come into the court, they feel that they understand what’s happening, and that they feel really supported by the court system in the sense that all of the tools tat they need in order to present their case to the judge are explained to them.
Lori Townsend is the news director and senior host for Alaska Public Media. You can send her news tips and program ideas for Talk of Alaska and Alaska Insight at ltownsend@alaskapublic.org or call 907-550-8452.
