Judge Makes Final Ruling in Miller Campaign Lawsuit

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By Matt Buxton - Fairbanks Daily News-Miner / mbuxton@newsminer.com

Story Created: Sep 12, 2012 at 8:20 AM AKDT

Story Updated: Sep 12, 2012 at 8:20 AM AKDT

FAIRBANKS — A lawsuit born out of the 2010 U.S. Senate campaign in Alaska has come to a close more than two months after the signing of an initial judgment between former Republican candidate Joe Miller, the Fairbanks North Star Borough and former borough Mayor Jim Whitaker.

After disagreement regarding the meaning of the judgment, Superior Court Judge Stephanie Joannides issued a formal final judgment on the case, accepting the terms of the judgment that had been penned in mid-June.

The borough and Whitaker had agreed to jointly pay $5,000 to end the long-running and costly lawsuit and, as they made clear, the judgment denied any admission of fault relating to Miller’s claims that someone at the borough improperly released details of his personnel files during his campaign.

That detail — whether or not the borough or Whitaker were responsible for the leak — was the source of contention following the entering of the judgment. Miller publicly argued that a judgment by its nature admits fault.

The borough disagreed, pointing to the language in the judgment that Miller accepted, and Superior Court Judge Stephanie Joannides avoided elaborating on the issue, but pointed to the fact that everyone had signed judgement.

“The Offer of Judgment disclaiming any fault by Fairbanks North Star Borough and Jim Whitaker was accepted on June 20, 2012 by Intervenor Defendant, Cross Claimant and third Party Plaintiff Joseph Miller,” she wrote.

Miller’s spokesman Bill Peck said Miller saw the lack of elaboration as a good point but was disappointed that it didn’t acknowledge the objections Miller outlined while accepting the statement.

The final judgment also approved the terms of the $5,000 payment. Borough Mayor Luke Hopkins said the borough has already cut a check for Miller.

“It’s all done as far as we’re concerned,” he said. “All the claims that Joe Miller had against the borough, the actions were all summarily taken care of with paying the $5,000 without any admission of wrongdoing. My view is that it’s done, and I guess it’s goodbye Joe.”

Miller won the August 2010 GOP primary, defeating Senator Lisa Murkowski. But Murkowski chose to stay in the race, mounting a write-in campaign that carried her to victory in the November general election.

The legal action among Miller, the borough and Whitaker was an outgrowth of separate lawsuits — later combined by a judge — brought by the Fairbanks Daily News-Miner and the Alaska Dispatch website seeking access to records of Miller’s employment at the borough. Miller worked as a part-time borough attorney before running for Senate.

Contact Fairbanks Daily News-Miner staff writer Matt Buxton at 907-459-7544 or follow him on Twitter: @FDNMpolitics.
 

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Anonymous said on Thursday, Sep 13 at 10:57 AM

Wonder if he has much to do with hat wearing and yapping militia leader that now sits behind bars? Hope the feds catch him before he ducks town... Missed opportunities...or gross negligence?

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No Way, No How said on Wednesday, Sep 12 at 1:07 PM

‘Miller publicly argued that a judgment by its nature admits fault.’ Oh, here we go! Miller is trying to get some attention & has taken to the notion he is relevant somehow. He signed the paper, he can’t go back & get ‘do-overs’, that’s why there was a settlement! DUH! We must let him know that he is not worth time, nor effort so quit acting like a 2 yr old & move on down the road. What a POS. A putz is not welcome at the big folks table. Go back to Kansas w/kris kobach if he still wants you and draw up some other anti-immigrant papers that are useless. Miller’s spawn must be so tired of his drama, bless their little hearts.

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TedtheBear said on Wednesday, Sep 12 at 9:07 AM

Joe Miller,,,what a loser and carpet bagger. Time to put him way behind us.

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