Dunleavy illegally created state agriculture department last summer, judge rules

Legislature wins summary judgment in lawsuit against governor, who says he will appeal

Gov. Mike Dunleavy speaks during a press conference at the Alaska State Capitol on April 17, 2025. (Mark Sabbatini / Juneau Independent)

By Mark Sabbatini

Juneau Independent

Gov. Mike Dunleavy violated the Alaska Constitution by creating a state Department of Agriculture via an executive order last summer that bypassed the Legislature’s authority to reject such an order, a judge ruled this week.

The Legislature rejected one such order during the regular session last March, prompting Dunleavy to issue another on the eve of a 30-day special session that started Aug. 2. He told legislative leaders in a letter that if they didn’t reject the order during the special session he would "consider it to have become law."

The Legislative Council filed a lawsuit in response, arguing such orders can only be considered during regular sessions — and since the agriculture department order was already rejected it could not be attempted again until a new Legislature begins a new two-year session in January of 2027. Superior Court Judge Marianna Carpeneti, in a ruling Wednesday, sided with the legislators.

"A review of the Constitutional drafting history makes it clear that the framers intended executive orders to be considered during only a regular session," she wrote. "Accordingly, the court DENIES the Governor's motion. Because the court grants the Council's motion based on its interpretation of the Alaska Constitution, it does not reach the question of whether the Governor's actions violate the separation of powers doctrine."

The state already has a Division of Agriculture within the Department of Natural Resources. Dunleavy has said he is seeking to elevate the agricultural agency to Cabinet-level status to further farming and other related industries.

Some legislators voting in favor of the lawsuit said they aren’t opposed to the creation of the department, but want it achieved by legal means. Legislation establishing the department has been introduced and is likely to be considered when lawmakers reconvene this month.

"Allowing the governor to be successful would have set a terrible precedent," Rep. Sara Hannan, a Juneau Democrat who chairs the Legislative Council, said in a prepared statement Friday.

The Dunleavy administration plans to appeal the decision to the state Supreme Court.

“The case presents a constitutional question that Alaska courts have not previously addressed, and the answer will guide future governors and legislatures,” Patty Sullivan, a Department of Law spokeswoman, told the Anchorage Daily News in an email. “We will be asking for expedited consideration to ensure that appropriate fiscal decisions can be made during the upcoming legislative session.”

• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.