Saturday, August 29, 2009

Anchorage Superior Court Judge Patrick J. McKay Charged With DUI, Released On $500 Bail, Removed From Criminal Cases

Update October 27th: Patrick McKay pleads no contest to DUI and is sentenced. Updated post HERE.


The Anchorage Daily News is reporting that Anchorage Superior Court Judge Patrick J. McKay (photo at left originally from KTUU Channel 2) was arrested on Thursday August 27th, 2009, and ultimately charged with DUI. He has since been released on $500 bail, and is scheduled to be arraigned on October 14th. There is now an entry for him in the Alaska Court System database, viewable HERE.

Anchorage police report that they pulled over McKay's vehicle on Thursday at 9:30 P.M. for a traffic infraction observed while outbound on the Glenn Highway. Upon making contact, the officer determined that McKay was under the influence. Neither the nature of the traffic infraction nor the blood alcohol level have been publicly disclosed at this time. It is the second time McKay has been charged with drunken driving; in 1988, he was convicted and served the mandatory three days in jail.

The Alaska Court System immediately implemented damage control, since as a Superior Court judge, McKay normally presides over the state's most serious felony cases, including murders. Effective this past Friday, McKay has been removed from all criminal cases and will be handling only civil matters until his drunken driving case is resolved, according to Superior Court Judge Philip Volland, deputy presiding judge of the Third Judicial District, in charge of criminal matters.

While a prudent move, this is the same Judge Volland who recently ruled that Anthony Rollins, an ex-APD officer who is a multiple rape suspect, is entitled to a public defender at public expense even though wife is bringing home a full salary as a police officer and they own three pieces of real property in Alaska, two of which are income-producing multi-plex rentals.

I was relieved to find out that Judge McKay is NOT on the Alaska Judicial Council's short list of 19 finalists to replace Justice Robert Eastaugh, who is retiring from the Alaska Supreme Court. McKay was first appointed to the bench by then-Gov. Frank Murkowski in 2005, and he's scheduled for his first retention election in November 2010. You can read his 19-page 2005 application HERE, where he did disclose his previous DUI in question 17d. He's also been cited for a couple of nitnoid "fish & wildlife" violations, but the rules are sufficiently complex so that anyone can almost commit these violation without realizing it.

Judge McKay has been the subject of a previous post on this blog. Back in May 2009, he sentenced California drifter Brandon Hughes to three years in prison for his unprovoked attack on Alec Ahsoak, the former sex offender who won that STAR lottery.

Reaction: Most public reaction is posted as comments to the ADN story. Some people believe Judge McKay should resign. Such calls are premature until we find out what his BAT was and the nature of the traffic violation. However, one commenter proposed a rather unique and ironic punishment; if found guilty, part of Judge McKay's punishment should be to pick up litter along our highways - while dressed in his judicial robes. Love the irony.

17 comments:

  1. If you are going thru a divorce or re-opening a dissolution that an ex-spouse asked to get instead of getting a lawyer to get divorce, please get a lawyer.. This judge is horrible not a fair a just judge and will not take them time to see why your case should be open...if you see this judge McKay's name on your motion for 60(b) ask for a different judge. He is NOT fair nor JUST...he may even be on the take from the other giving money to rule in their favor. This judge is BAD with tunnel vision...he doesn't truly read what is given to him in a fair and just way. Especially when the ex-spouse took everything from the the wife that supported at that time for over 12 years of marriage and not including time living together before marriage and the wife was the sole support to then husband and gave that husband everything he asked for and so that he can get his engineering degree (with 2 masters) and telling back then his career will be "their lively hood" and also with the help from his wife the husband would not be be where he is at not have his degrees...he would have to work and go to school to get what he has now and may have even changed had it not been for the former wife who supported the husband and believed in giving marriage everything to stay married because she had wanted a divorce on 1996 from husband for his huge addiction for prostitutes and drugs such as crack meth addiction which he finally told his wife about in 1996... For 3 months she separated from him to decide what to do if she should divorce him but the husband used her love for him to his advantage and said "we've gone thru too much to not make the marriage work...a few years later he pulled alot of things and getting loans wife didn't even know about and many other things and lying on his opposition when wife finally got lawyer in anchorage AK...it's hard to find a lawyer when stuck in another city down in the lower 48...and when husband saying they will get back together again playing on her emotions because she loved him and trusted him and thts what husband used to pull the wool over eyes of wife that worked so hard to support and pay for almost everything he has now and left her with debt and did not pay for anything such as health and car insurance home everyday expenses...like she had din for her husband thru out marriage and then some..husband lied on opposition and to judge McKay...there were other things that husband did and in dissolution wife did not get all of what she was suppose to because he kept telling her to get to school which he didn't pay for or making sure she had a place to live and not worry about everyday living expenses as she did for him...this judge should not be allowed to be judge what so ever for he is NOT a fair and just judge...he is a crook I think and getting paid under the table I'm sure thats why he just signs in favor not even seeing if wife's lawyer had responded to husband opposition and wanting extension when he had enough years that he had plenty of time to be a crook himself of taking everything from wife that did everything for him that he asked from her she did and this is how he gives back...to the one person that took care of him supported him and worked out of state as he asked so he can go run around while wife is working... So please get this judge to step down and let a real fair and just judge help those that has been wrong by the other spouse have a chance to right the wring...

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  2. The poster of this above reply with personal history with this judge, could you please email me asap! here is my email andi102775@yahoo.com

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  3. Horrible judge. Horrible person. Completely biased. Does not listen to facts. Hateful, viscous in court. Evil person.

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  4. I completely agree he is a horrible judge. The ex husband has defied court orders (most from McKay,himself) and has not been reprimanded, but I miscalculated days to respond and he rules in the ex's favor and even states that in the order as to why he rules in the ex's favor. A previous judge whom settled our divorce case ruled that I was to get 50% of the ex's military retirement pay as we were married 15yrs and he was serving all through that time. The ex did not protest at that time,but when McKay became our judge the ex protested and won, even when my then lawyer presented paperwork on military policy on retirement pay. So instead of the 50% ordered by the previous judge I get 18.3% of the ex's retirement. McKay hasn't yet ruled on arrears child support from 2007 to 2010,even when it's been brought to light several times in my opposition to the ex's request to take our children's PFDs and my right to claim our children every other year for taxes. Yet in 2013 when the ex asked for a reduction in child support because he was retiring from the military, he was granted a huge reduction in child support within weeks of filing. I'm still waiting 5 YEARS later for his ruling on arrears child support. CSSD filed in March 2015 for a review and increase in child support, he has yet to rule on that as well. He has allowed the ex to completely and utterly defy court orders without penalty and has ruled on the ex's favor on most things and has allowed me to struggle to the point where I could qualify for public assistance instead of doing what's right for the children. It's as though he has a vendetta against women/ex wives or as my child has said " a personal interest" in the case. He has a record of breaking the law, therefore should not be able to sit on the bench to rule on any law. He does not help improve the image of Alaska's crime against women, he only adds to their pain.

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    1. I 100% agree. He is a detriment to the judicial process. Good thing he is retiring, I am appealing in Supreme Court, he modified custody without a motion to modify being filed in my case. He does not answer any of my motions as a pro se party, only to deny them, if they have merit he leaves them unanswered. We will see what the Supreme Court says, but who compensates me for all the pain and suffering he has caused for the last year!

      I have a story similar to yours and have a Supreme Court appeal filed. I filed a motion to enforce custody due to the fact that my ex husband would not return my son and I had 100% physical custody and McKay gave custody of our son to my exhusband and no motion to modify has ever been filed. He is a sexist pig, who makes disparraging comments to women and makes unlawful judicial decisions, we need to get together

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  5. Only in America does a Mother trying to protect her baby special needs Son from a Domestic Violent, neglectful, father, get an unfair, unjust, court order from Patrick Mckay to return her baby boy that she fled for her life and her son’s life from Alaska to Oregon, where she received an uncontested protection FAPA order seeking safety by law, to Return the son to an environment where he is unsafe and given back to a known violent father. I, the birth mother, had a hearing before Judge Patrick Mckay for interim custody until the custody hearing set in the future where the neglectful father showed up with a high priced lawyer while the mother was taken by surprise with no representation and no way to call all witnesses or submit evidence that she had over the phone. The judge told her not to reference the protection order and allowed untrue fabricated evidence to be submitted by the father’s side even though it was objected as a lie. Oregon failed to protect the child under the protection order and gave Alaska the power to pull the child from protection and his mamma, the child is afraid to return to his father and Alaska, and is seeking counseling for his fears. My son is thriving in Oregon and is getting help with his special needs care. My sons neglect consisted of bad skin rashes all over his body from fecal matter scratched into his skin from the mold and mice infested living conditions by the violent father and no sanitary bathing or brushing habits. My son was not receiving adequate food and was super skinny and pale white. The domestic violent father threatened me to return my baby to him so he would not lose tax benefits and the child’s PFD and the violent father said he would kill me if he had to pay child support and kept me afraid and scared if I didn’t return my baby or else he would come after me. My baby now has lots of family members who surround and love him down in Oregon and he was kept from meeting them because he was up in Alaska. He loves his bunny he named Princess Daisy and His special needs care has improved and his skin condition has improved greatly. Judge McKay was unfair and unjust and he gave off the aura that women should all suffer and that he is there to make that happen for good women and rule against them for being women and not men. Judge Mckay has 2 DUI convictions and numerous comments about his sexist nature and unfair judgments. Above all else there is a special needs 7 year old boy that will be taken by force from my arms July 9th at 10am at the Newberg Oregon Police Station. Please America hear my story and give prayers that the wrong will be righted for the sake of my little boy.
    Sincerely a broken hearted devastated Mother.

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    1. I have a similar story and have filed a Supreme Court appeal. It's a good thing the man is retiring in December or better he was not selected to continue as a judge, mothers should breathe easier. Who fixes all the injustice though.

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  6. The mother above victimized by judge mckay...I will meet you somewhere in anchorage...plz name a time n place and ill be there!!!

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    1. I moved out of Alaska last month, in large part due to the Alaska judicial system. I can provide you with a telephone number, or an email.

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    2. Yes I would love to talk to you!!!

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    3. Mother victimized by Mckay, dont give up hope...there is something that can be done if we ban together..contact asap please!!!

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  7. I am not giving up, I have a 95% chance of winning my appeal, but who pays me back for all the damage his decisions have done in the meantime before they are vacated or voided, ban together means a class action lawsuit should be brought against the State of Alaska for the pain and suffering he has caused that is not within the law. If a judge makes a blatant decision that thwarts the courts rules and process and he is advised of his mistake multiple times and he continues to enforce his ruling of order there should be recourse when it is over turned. In the meantime, he punishes me with every order for filing an appeal.

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  8. I need your contact information and I will reach out. I did not want to post mine on here.

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  9. To all Anchorage voters: Please be advised that this upcoming election is very important for many reasons, not just the presidential election, but for the retention of judges. PLEASE RESEARCH THE JUDGES BEFORE VOTING. One judge in particular is ethically questionable. Judge Patrick McKay is a judge that himself has 2 DUIs and has removed children from their mothers despite protection orders in effect, and placed them with abusive fathers. At least 16 times that we know of. He is very biased and not abiding by the statutes. Please save our children and VOTE NOT TO RETAIN HIM! Please pass this on to EVERYONE. Our children are at stake here! This is our one chance to get him out otherwise we will be paying his retirement in December for a rotten job done.

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  10. Judge Patrick J. McKay of Anchorage Should Not Be Allowed to Avoid Retention Vote
    GO AND SIGN PETITION HERE
    https://www.change.org/p/judge-patrick-j-mckay-of-anchorage-should-not-be-allowed-to-avoid-retention-vote?recruiter=610223516&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_facebook_responsive&utm_term=mob-xs-no_src-custom_msg

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  11. https://www.change.org/p/judge-patrick-j-mckay-of-anchorage-should-not-be-allowed-to-avoid-retention-vote?recruiter=611622950&utm_source=share_petition&utm_medium=copylink

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