On Tuesday, September 19, 2023, the Alaska Commission on Judicial Conduct recommended a public reprimand for Judge Martin Fallon of the District Court Third Judicial District at Kenai, Alaska. The recommendation was made after an investigation into a complaint filed on October 13, 2022, which resulted in a Notice of Formal Investigation on March 8, 2023, against Judge Fallon.
The case is entitled “In the Matter of Martin Fallon,” with case no. 2022-007.
The Commission found that Judge Fallon had failed to dispose of certain matters in a prompt and efficient manner, in violation of the Alaska Code of Judicial Conduct. Specifically, Judge Fallon had failed to issue a decision in a case within the required six-month timeframe and had continued to sign pay affidavits after another judge had brought the overdue matter to his attention.
The Commission’s findings of fact stated that Judge Fallon was appointed to the bench in December 2019 and stood for retention in 2022, receiving a favorable vote from the citizens of Alaska. However, between August 26, 2022, and October 17, 2022, Judge Fallon executed four pay affidavits indicating that there were no matters referred to him that had been undecided for a period of six months or longer. The Commission found that this was an error, as there was a matter that had been ripe for decision since December 21, 2021, and that Judge Fallon had failed to dispose of the matter in a prompt and efficient manner.
The Commission also found that Judge Fallon had acted in a manner that did not promote public confidence in the integrity of the judiciary and had created an appearance of impropriety, in violation of the Alaska Code of Judicial Conduct. The Commission recommended a public reprimand by the Alaska Supreme Court under Rule 406 of the Rules of Appellate Procedure.
Based on these foregoing matters, the Alaska Commission on Judicial Conduct recommended a public reprimand for Judge Fallon.
The recommendation states:
“At the conclusion of deliberations, the Commission unanimously voted to accept the Agreed Findings of Fact and Uncontested Recommendation for Discipline and recommend a public reprimand by the Alaska Supreme Court under Rule 406 of the Rules of Appellate Procedure.”
Judge Fallon’s office is located at 125 Trading Bay Drive Suite 100 Kenai, AK 99611, and can be reached at (907) 283-3110. His info can be found on ballotpedia.org.
A copy of the original filing can be found here.