Press Release

Attorney General Issues Opinion Clarifying Constitutionality of Board and Commission Appointment Practices

August 14, 2026

(Juneau, Alaska) – Acting Attorney General Cori Mills today announced the issuance of an Attorney General Opinion (PDF) addressing a significant constitutional question that impacts every executive administration—past, current and future. The opinion examines the validity of statutes requiring the governor to select board and commission appointees exclusively from lists nominated by private entities. Governor Michael J. Dunleavy requested this opinion to provide clarity and guidance for appointment practices.

The opinion builds on a consistent line of prior Attorney General opinions dating back to 1979. Those opinions concluded that the governor generally cannot be required to select appointees from lists supplied by private organizations, legislators, or other entities outside the executive branch—unless the body is merely advisory. Prior opinions have likewise concluded that legislators generally may not serve on executive boards or commissions.

The Department of Law conducted a comprehensive review of relevant case law and historical practice. Following this in-depth analysis, the Attorney General Opinion concludes that statutes mandating selection from private-entity nomination lists are unconstitutional. Such requirements violate the separation of powers and raise nondelegation concerns, as they improperly delegate executive authority to private organizations.

The opinion builds on a consistent line of prior Attorney General opinions dating back to 1979. Those opinions concluded that the governor generally cannot be required to select appointees from lists supplied by private organizations, legislators, or other entities outside the executive branch—unless the body is merely advisory. Prior opinions have likewise concluded that legislators generally may not serve on executive boards or commissions.

The opinion clearly states that while the governor may, as a matter of courtesy or comity, choose to select from names provided by private entities, the law cannot compel the governor to do so. Appointment discretion remains exclusively with the governor, unless the board or commission is purely advisory in nature.

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Department Media Contact: Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.

Due to resource constraints, we no longer post links to referenced records. Records filed in a federal court are readily available at Docket Search or PACER, and records filed in a State of Alaska court are readily available from the Alaska Court System (Trial Courts - Alaska Court System and Search for an Appellate Case). Contact Sam Curtis to request a referenced record that is not readily available from a court or on the internet, or contact law.recordsrequest@alaska.gov to submit a formal Alaska Public Records Act request.