Cook v. Botelho

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We are here required to construe the constitutional allocation of the power to appoint and remove members of regulatory commissions, and the constitutional and statutory provisions governing appointments during a recess of the legislature. The superior court entered summary judgment in favor of Attorney General Bruce Botelho, holding that Tim 0. Cook does not lawfully hold the office of Alaska Public Utilities Commissioner. We reverse.

II. FACTS AND PROCEEDINGS

In October 1994 Governor Walter Hickel named Cook to a vacant position on the Alaska Public…