Borough, ex-Mayor admit to judgment in Miller vs. FNSB


Fairbanks, Alaska.  June 18, 2012 – Today, the Fairbanks North Star Borough and its former Mayor Jim Whitaker have admitted that they are liable for a judgment to Joe Miller.  Mr. Miller accepted the Borough and Mr. Whitaker’s offer to allow the entry of a final judgment against them and in Joe Miller’s favor.  This allows an enforceable judgment to be entered against the Borough and Mr. Whitaker, both individually and jointly, on both liability and damages.

This case was never about damages. This case was about getting the truth. As a result of depositions in this case, we now have much of the truth.  We know, for instance, that implications of criminal wrongdoing made by the Borough and unsupported allegations of felonies made by Mr. Whitaker in 2010 were false. We know that the Borough Attorney had a secret meeting with Mr. Whitaker in May of 2010 where they discussed disclosing Mr. Miller’s confidential personnel information.  Based on the claim of privilege, we also know that the Borough Attorney provided legal advice to Mr. Whitaker even though he was not the Borough Mayor and she was not authorized to provide legal advice to private citizens at the time.  Many other important facts were also gathered in the course of discovery in this case.

The judgment itself of $5,000 is minimal.  Nevertheless, this was never a case about money.  Rather, this case was about getting at the truth and setting the record straight.  There is now a permanent record doing just that.

Mr. Miller thanks John Tiemessen, Esq., and all of the members of his firm of Clapp Peterson Tiemessen Thorsness & Johnson for their excellent work, both on behalf of the Joe Miller for U.S. Senate campaign as well as their work on his behalf in the litigation that followed.  No senate campaign funds were used for legal fees or costs in this case after the post election litigation concluded in January 2011.

Mr. Miller will be available for limited press inquiries tomorrow, but will be fishing with his son in Alaska on a previously scheduled trip Tuesday night, Wednesday and Thursday.  All inquiries should be made to Joe Miller’s spokesman, Bill Peck ( or John Tiemessen, Esq. (907-479-7776).