Ketchikan Superior Court Judge William B. Carey has been tapped to replace First District Court Judge Kevin Miller in a City and Borough of Wrangell lawsuit seeking to reverse a severance package to former Wrangell Medical Center CEO Noel Rea.
Using what is called a “peremptory challenge,” attorneys for the City and Borough of Wrangell asked for and received an order changing judges in the borough’s lawsuit against former Wrangell Medical Center CEO Noel Rea and six recalled members of the WMB Board of Directors.
The order, which was filed July 18, removes First District Court Judge Kevin Miller and replaces him with Ketchikan Superior Court Judge William B. Carey.
Peremptory challenges are usually used in courtroom proceedings to remove prospective jurors during the selection process.
A peremptory challenge of a judge, however, can remove a judge assigned to hear a particular case without showing that they are biased or have a conflict of interest and determination of a judge’s possible bias is not required to employ this form of challenge.
Borough attorney Bob Blasco, who made the filing, declined to comment on the switch.
Judge Carey made national news in 2010 when he ruled against Republican Senate candidate Joe Miller’s lawsuit on the counting of write-in votes in the U.S. Senatorial election. The decision fell in favor of Miller’s rival, and the eventual electoral victor, Sen. Lisa Murkowski.
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