By: James Brooks, Alaska Beacon

In a historic vote, Alaska lawmakers rejected Stephen Cox as the state’s new attorney general by a 29-31 vote that saw Cox become just the second cabinet appointment in state history to fail confirmation.

Thirty-one votes were needed for confirmation as the 40-person state House and 20-person state Senate met jointly Thursday to vote on 75 nominations for state boards, commissions and the governor’s cabinet.

Speaking in the Capitol on Thursday, opponents said they viewed Cox as a Republican ideologue who favored party-supported policies at the expense of Alaskans. In particular, opponents pointed to Cox’s support for a lawsuit that could end birthright citizenship and his failure to support the state’s absentee voting program.

The Legislature’s rejection is likely to have limited long-term effects. Immediately after the vote, Dunleavy announced he had named Cox as “Counsel to the Governor,” a position he will take immediately.

“Stephen Cox has a strong understanding of Alaska law and the challenges facing our state,” Dunleavy said in a written statement. “His experience, professionalism, and commitment to public service make him a valuable asset as Counsel to the Governor. I look forward to working with Stephen as we continue advancing policies that strengthen Alaska’s economy, uphold the rule of law, and serve the people of our state.”

Rep. Andrew Gray, D-Anchorage and chair of the House Judiciary Committee, opposed Cox as attorney general but supports the new role. 

“I think it makes perfect sense,” Gray said. “I think that’s actually a perfect fit. I think Stephen Cox would make an excellent attorney to the governor because they have a lot of alignment and similar priorities.”

The new position was created specifically for Cox within the Office of the Governor.

“The governor has those choices,” said Sen. Matt Claman, D-Anchorage and chair of the Senate Judiciary Committee. “That’s within his power.”

Dunleavy also named Deputy Attorney General Cori Mills as the acting head of the Department of Law.

Dunleavy may designate a permanent replacement who can serve until he is replaced by a new governor in December.

State law prohibits the governor from reappointing Cox as attorney general.

The governor’s other cabinet appointees, including officials in charge of natural resources, the environment and the treasury, received wide support and were confirmed by near-unanimous votes.

Legislators have not rejected a cabinet appointment since 2009, when the Legislature failed to confirm then-Gov. Sarah Palin’s choice of Wayne Anthony Ross to become attorney general.

Speaking Thursday, Rep. Andrew Gray, D-Anchorage, criticized Cox’s decision to hire an out-of-state attorney with no experience in Alaska as the state’s first Solicitor General.

Following that hire, Cox led the Department of Law in joining Alaska in more than 100 friend-of-the-court briefs on national cases. In some of those cases, Gray said, the briefs were contrary to Alaska law and Alaskans’ interests.

“I believe that Stephen Cox would make probably a good attorney general in a state, just not in our state. He is not the right choice for Alaska,” said Rep. Andrew Gray, D-Anchorage and chair of the House Judiciary Committee.

Sen. Lӧki Tobin, D-Anchorage, was particularly critical of Cox’s signature on a letter supporting President Donald Trump’s attempt to eliminate birthright citizenship in the United States.

“That stance threatens my rights. It threatens your rights,” she said, speaking to Senate President Gary Stevens, R-Kodiak. “It threatens every Alaskan’s rights.”

Rep. Kevin McCabe, R-Big Lake, appeared to offer a rebuttal to that argument, noting that in general, “attorneys are mercenaries.”

“Somebody’s their boss, whether you’re paying them or whether the governor or the executive hires them. So I suspect that a lot of what we are talking about here is not some rogue attorney general off on his own. I think that he’s had directions that have been provided to him. He’s doing a certain number of things that his boss is telling him to do,” he said.

Sen. Forrest Dunbar, D-Anchorage, responded to that argument. He said the case against birthright citizenship isn’t just wrong on a moral basis, it’s wrong on a factual basis, and it was unethical for the state to back it.

“We should not have signed on to it, and a qualified attorney should not have signed on to it. I don’t know if the governor pressured the Attorney General to sign on to it, or if he did it voluntarily. It actually doesn’t matter to an ethical attorney,” Dunbar said. “An attorney being asked to make those spurious arguments and sign on to an amicus brief that would repeal birthright citizenship should have resigned rather than go forward with that argument.”

Legislators rejected only two other appointments. 

Hannah Mielke was turned down for a public seat on the Alaska State Medical Board.

Mielke is an 18-year-old who graduated from high school last year and currently works as an office assistant for Dunleavy.

Opponents said she was unqualified to supervise the state’s doctors and medical professionals. Supporters noted she would be the only female member of the board and significantly younger than other members.

“Frankly, I think a fresh perspective would be good,” said Rep. Mike Prax, R-North Pole. “It really doesn’t matter if you’re 20 or 69, soon to be 70.”

Rep. Sarah Vance, R-Homer, said a large number of young women are skeptical of the medical industry, and Mielke’s perspective could be useful.

Mielke’s nomination failed 13-47.

Lawmakers also turned down Crystal Herring for a seat on the State Board of Professional Counselors. Tobin, speaking in opposition, said her appointment may not follow state law, which requires the appointment go to someone involved in mental health treatment. Herring just provides transportation, she said.

Other objections were raised over the conduct of a COVID-19 pandemic emergency clinic she ran under a contract with the city of Anchorage while donating financially to then-Mayor Dave Bronson.

Her nomination was rejected 28-32.