Legislature rejects Stephen Cox as Alaska’s attorney general by 29-31 vote

State attorney general nominee Stephen Cox was rejected by the Alaska Legislature by a 29-31 vote during a joint session Thursday, with opponents questioning actions by him such as turning over confidential voter data to the federal government and supporting a wide range of conservative out-of-state lawsuits.

He is the second cabinet appointment in state history to fail confirmation. The other was Wayne Anthony Ross in 2009 when he was then-Gov. Sarah Palin’s choice for attorney general.

Legislators during the joint session also approved four commissioners by unanimous or near-unanimous votes, and approved the vast majority of more than 60 appointees to various boards and commissions — with a couple of notable and controversial exceptions.

Cox, a former U.S. attorney in Texas appointed by President Donald Trump, was appointed acting attorney general by Gov. Mike Dunleavy last August. Legislators supporting Cox during Thursday’s joint session cited his legal credentials and said they were impressed by in-person discussions with him.

“He had really good, a broad range, of experience — federal experience, corporate experience and et cetera,” said Rep. Mike Prax, R-North Pole. “And it seemed like he would be a good administrator, which is part of the attorney general’s duty to responsibly manage the Department of Law.”

“We didn’t agree on everything, but he was also humble enough to listen, and admit there were some disagreements and some different points of view, and there will always be disagreements and different points of view. But I was kind of impressed by the fact in listening to the different hearings that I think there’s a degree of humility that I appreciate and also, if you will, a love of the law, that he’s there to enforce the law and not make the law.”

Critics noted he and the Alaska Department of Law have filed more than 110 amicus briefs in federal and state cases, many highly politicized and aligned with Trump administration policies such as eliminating birthright citizenship.

“When it comes to defending Alaska against federal overreach, protecting our privacy rights and serving as Alaska’s top law officer this appointee is sufficiently underqualified,” said Sen. Löki Tobin, D-Anchorage, a member of the Senate Judiciary Committee during floor debate.

“The past year Mr. Cox has refused to defend Alaska against unconstitutional seizures of federal dollars for our public universities. He has not stopped the freezing of federal dollars for Alaska’s nonprofits providing for the public good. And he has not stopped the withholding of title funds for our public education system. Instead, he shared in Senate judiciary he has spent the last year fighting Lower 48 culture wars.”

Dunleavy, in a statement early Thursday afternoon, announced Cox will serve as counsel to the governor.

“Cox’s responsibilities will be to advise Governor Dunleavy on a wide range of legal, regulatory, and constitutional matters affecting the State of Alaska,” the statement notes.

Dunleavy also appointed Cori Mills, a 14-year Department of Law employee who most recently served as deputy attorney general, as acting attorney general.

The House voted mostly along majority-minority caucus lines in rejecting Cox by a 21-19 vote, although House Majority Leader Chuck Kopp (R-Anchorage) voted yes and minority caucus member Mia Costello (R-Anchorage) voted no. Four members of the bipartisan Senate majority caucus — Bert Stedman (R-Sitka), Jesse Bjorkman (R-Nikiski), Lyman Hoffman (D-Bethel) and Kelly Merrick (R-Eagle River) joined the all-Republican minority caucus in voting for Cox.

Juneau’s three Democratic legislators — Sen. Jesse Kiehl, and Reps. Andi Story and Sara Hannan — voted against Cox’s confirmation.

Cox, who was a deputy associate attorney general in Washington, D.C., before his appointment in Texas, moved to Alaska in 2021 to become the chief legal officer for a Bristol Bay Native Corp. subsidiary. He is also the treasurer and a founding member of the Thomas More Classical School, a private Christian school for grades K-6 scheduled to open in Anchorage this fall.

Among the legislators opposing Cox as attorney general on Thursday was Rep. Andrew Gray, D-Anchorage, chair of the House Judiciary Committee, who said Cox declared last November “he was fairly new and was wanting to tread with a light step until he figured out the way of things here.”

“At that time he had already created a new division — the quality of life division — and created a new second-highest official in the Department of Law, the solicitor general,” Gray said. “To me that was not treading lightly.”

Gray also questioned the role of Cox and his solicitor general in the multitude of amicus briefs that in many instances had no direct relevance to Alaska.

“Stephen Cox is a nice person,” Gray said. “His children and my child share a piano teacher. I believe that Stephen Cox would make probably a good attorney general in a state, just not in our state.”

Other appointees rejected

Two other appointees were rejected by the Legislature on Thursday. One was a 13-47 vote not to confirm Hannah Mielke, an office assistant for Dunleavy who graduated from high school last year, for a public seat on the Alaska State Medical Board. Her resume shows she also worked two summers for a tour company, and as a polling place assistant in elections between 2022 and 2024.

The medical board of five physicians, one physician assistant and two public members adopts regulations governing the practice of medicine, makes final licensing decisions and takes disciplinary action against people who violate licensing laws. Most of the opposition to Mielke, the lone female member of the board, focused on her lack of medical knowledge and qualifications.

“I think Hannah Mielke is an outstanding individual,” said Rep. Jamie Allard, R-Eagle River. “She is an 18-year-old young woman that has a big future ahead of her. She’s accomplished so much already. I just don’t think she’s ready to be on the medical board. So that’s where I stand on that and I just want the public to know we support her. I support her. I just don’t think this is the right time for her.”

Also rejected was Crystal Herring for a seat on the State Board of Professional Counselors, which oversees regulations and licensing of counselors, by 28-32 vote. Among the concerns raised was a makeshift COVID-19 clinic she ran in Anchorage under a contract with the city after she and her husband donated at least $15,000 to then-Mayor Dave Bronson. The clinic also charged some patients hundreds of dollars for treatments other clinics were providing free.

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This story was originally published by Juneau Independent and distributed through a partnership with The Associated Press.