S-18082/18101 Created Date: own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native The practice of law is always geared in one way or another toward making arguments Supreme Court Bar. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. They owned a condominium in Anchorage and a vacant lot in Homer. in front of a judge or jury. Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. Studies - Kodiak, Alaska Native Business Management The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. KTOO. While its central location is in Anchorage, where it hears arguments monthly, the Alaska Supreme Court also hears arguments in Fairbanks, Juneau, and other locations less regularly. ) ) ) ) ) ) ) ) ) Supreme Court No. Matt Miller is a reporter at KTOO in Juneau. The Alaska Legislature may change the court's procedural rules by passing an act expressing its intent to do so by a two-thirds majority of both houses. Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. Trial and Advanced Litigation Processes (LEGL A487) embraces The court divided the property 60/40 in Krogman's favor because of the disparity in the parties earning capacity and because she would no longer have health insurance through Burns-Marshall's job. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. Alaska Public Media 2023. We disagree. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. Legal Notices When possible, students travel to a judges courtroom The written findings of fact and conclusions of law recited almost verbatim its oral decision except that the court had calculated the precise amount of the equalization payment to $73,266.29.3. Important Note: District Court criminal cases are often scheduled before multiple Judges; most frequently Judges Pickrell, Lybrand, and Schulz. To be eligible for nomination, a candidate must be a U.S. citizen, a resident of Alaska for the last five years, licensed to practice in Alaska, and an actively practicing attorney for the last eight years. Wrangell customer service is modified to be appointment only. The court denied the motion for reconsideration. Please refer to the 30-day rolling calendar Krogman's counsel did not question him about domestic violence or substance abuse. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In a November motion she referred to Burns-Marshall's harsh and controlling behavior throughout the marriage, and alleged that Burns-Marshall had previously been convicted of minor consuming alcohol and that he still drinks to excess. But in January 2017 Krogman opposed Burns-Marshall's motion for the appointment of a child custody investigator because their child was too young for an interview to be helpful and because there were no bad facts or anything so unusual or troubling about this case that would require a child custody investigation. Teck American, Inc., et al. Site Index The superior court found no good cause to reopen the trial record and denied the motion. 0000000016 00000 n They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. oral argument in front of a judge on a legal brief written by the students, and a THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) Restitution Collection, Accessibility 0000002547 00000 n The court ordered that Burns-Marshall would be allowed to have unsupervised visits over Thanksgiving, Christmas, and spring vacation after he completed any recommended treatment. Justices must retire from the court when they reach the age of 70. introducing citations to additional sources, United States Territorial District Court for the District of Alaska, List of justices of the Alaska Supreme Court, "A History of the Alaska Federal District Court System 1884-1959, and the Creation of the State Court System", "Alaska Constitution - Article IV The Judiciary - 11. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. excel in athletics at every level. It found Krogman more credible than Burns-Marshall and found by a preponderance of the evidence that multiple acts of domestic violence, including several incidents of sexual assault, had occurred. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. tickets to many games. Alaska Supreme Court, Opinion No. (Mother) v. State of Alaska DHSS, OCS, Estate of Molly Parks v. Petersburg Borough, William Chris Allen, & State of Alaska (Unpublished), AAA Concrete Construction, Inc. v. Richard Humphrey, Richard Humphrey v. Michael L. Mitchell and AAA Concrete Construction, Inc. (Unpublished), Hajjah Din f/k/a Raymond Leahy v. Earl Houser and James Duncan (Unpublished), Mark N. Wayson v. William E. Stevenson (Unpublished), Zachary Bryant McCann v. Jennifer Whitney McCann (Unpublished). 0000001252 00000 n After this initial election, each justice will go through another retention election every 10 years. Are you interested in a career in the legal field? Native Community Advancement in Psychology (ANCAP), Alaska Native, In June Burns-Marshall filed a motion to reopen the trial record under Alaska Civil Rule 59 on the grounds that [he] had no notice of the issues to be tried and was unable to present relevant evidence as a result. He argued that he would have presented different evidence at trial if he had notice that Krogman would allege domestic violence and substance abuse. UAA is the premier university in the heart of Alaska's largest city with campuses throughout Its contrary to the Constitution, Choate recalled. %%EOF The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Explore the wide variety of services and resources available at UAA to help promote your Seating for the oral argument sessions will be provided to the public, members of the Supreme Court Bar, and press. Until the creation of the court of appeals in 1980, the supreme court was also required to accept appeals from final decisions in criminal cases; now, however, the court of appeals fills this role, although the supreme court still has jurisdiction to exercise its discretion to accept appeals from decisions of the court of appeals (or upon certification from the court of appeals that the case involves a significant question of constitutional law or an issue of substantial public interest). Innovation, Excellence I was very pleased to learn that on Friday, the [Alaska] Supreme Court reaffirmed the Constitution, that its not constitutional for the legislature to try just, by legislation, overcome a promise in the Constitution, said Peter Metcalfe of Juneau, who brought the suit. The 5th Circuit Court of Appeals then partially blocked . AVCG sought the States approval to create overriding royalty interests on the leases. You can explore additional available newsletters here. 375 0 obj <> endobj At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For a broadcast schedule, to view oral arguments live as they occur, or to view archived videos of oral arguments before the Alaska Supreme Court, visit the Gavel . Wright v. Black, 856 P.2d 477, 480 (Alaska 1993) (concluding that appellant had waived right to object to his lack of notice that paternity would be at issue at child support modification hearing because he failed to object when the master announced at the beginning of the hearing that he would resolve the paternity issue, asked if anyone had a problem with his taking testimony on both issues, [and] directed his questions to the paternity issue), overruled on other grounds by B.E.B. We disagree. And having the chance to argue their brief in front of a judge is the reward After the second company abandoned the claims, the first company, Justia Opinion Summary: Alaska Venture Capital Group, LLC (AVCG) owned interests in oil and gas leases on state lands. social sciences. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Arguments are generally Burns-Marshall failed to do any of these things; it was reasonable to find he was not entitled to introduce new evidence over a month after the court's decision.11. Dundas v. Dundas, 362 P.3d 468, 477-78 (Alaska 2015) (holding that tax consequences of sale must be considered when court orders that property be distributed in a way that creates an immediate and specific tax liability (quoting Oberhansly v. Oberhansly, 798 P.2d 883, 887 (Alaska 1990))). be filed in court. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. He argued that he would receive significantly less than 40% of the marital estate once the cost of selling the property was taken into account. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. : S-18170: LANCE PRUITT v. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. Sarah D. v. John D., 352 P.3d 419, 430 (Alaska 2015) (Under AS 25.24.150(g) superior courts must consider alleged incidents of domestic violence. (quoting Parks v. Parks, 214 P.3d 295, 302 (Alaska 2009) (per curiam))). The public may watch proceedings on Gavel Alaska, but not attend in-person. The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (b) Preparation of Transcript. Wrangell customer service is modified to be appointment only. here to help you have an field, but in everyday life. It ordered Burns-Marshall to obtain a substance abuse assessment and comply with its recommendations, as well as to complete a domestic violence intervention program. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. open to the public. For the 1:30pm criminal matters Monday through Thursday and 10:00am on Fridays: CINA/DL Parties: contact the Nome Court at (907) 443-5216 for call-in information. (a) Composition of Record. Alaska R. App. In her answer Krogman denied that Burns-Marshall was fit to have joint legal and shared physical custody and asked for sole custody, with reasonable visitation for Burns-Marshall. To be eligible for appointment, a person must be a citizen of the United States and a resident of Alaska for five years prior to appointment. At the time of trial she was enrolled in a nursing program at an Arizona university. Forms And that deadline is where lawmakers broke the promise made to state employees. The narrow question this case presented for the Alaska Supreme Court's review was whether the 1976 amendment to the Alaska Constitution exempted the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. 0000004380 00000 n S-18314 ) ) ) Superior Court No. Krogman worked at various jobs during the marriage. v. Valhalla Mining, LLC, et al. State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). The husband appeals the denial of his motion to reopen the evidence and the property division. TECK AMERICAN INCORPORATED STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES v. VALHALLA MINING LLC, IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough, AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, LANCE PRUITT v. STATE OF ALASKA OFFICE OF LT GOVERNOR KEVIN MEYER DIVISION OF ELECTIONS GAIL FENUMIAI ELIZABETH HODGES SNYDER, MIRANDA v. DEPARTMENT OF HEALTH SOCIAL SERVICES OFFICE OF CHILDREN SERVICES. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. Language Assistance Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. The governor of Alaska appoints justices from lists of qualified candidates submitted to him or her by the Alaska Judicial Council, an independent seven-member commission composed of at least three lawyers and at least three non-lawyers from various parts of the state appointed on a non-partisan basis. style. Cases are browsable by date and searchable by docket number, case title, and full text. In a February motion to set a trial date Krogman characterized the divorce as a routine relocation custody case and a simple property case; she stated both issues would be very straightforward and easy to prepare for and address at trial.. 10. When a position needs to be filled, the Alaska Judicial Council will compile a list of nominees, from which the Governor of Alaska must choose the new justice within 45 days. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . Tools, Research From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to UAA is a comprehensive, open access, public university established on the ancestral Supports Peacekeeping in Africa: Policing and Training, Criminal Justice Reform: A Discussion of Senate Bill 91, A Discussion of Community Policing in Anchorage, Mental Health Care Among Juvenile and Adult Correctional Populations, 60 Years Later: The Alaska Constitution, History in Context, Adapting for the Next Generation: ANCSA at 45, North to the Future: Opportunities and Change in Alaska's Emerging Frontiers, Alumni Profile: Tabatha Harris, B.A. 0000009687 00000 n In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. Inclusion, Excellence Through This site is protected by reCAPTCHA and the Google. The superior court is required to consider evidence of domestic violence in a child custody determination.9 The primary purpose of the statutory domestic violence presumption in child custody cases is to protect children from potentially adverse custody determinations in response to growing evidence that domestic violence has severe and long-lasting effects on children by ensuring that domestic violence [is] adequately and specifically included when courts analyzed a child's best interests.10 Krogman alleged a pattern of domestic violence by Burns-Marshall; it was appropriate and necessary for the court to consider it. Native Studies - Kenai, Alutiiq Defendants who are in Ketchikan are expected to appear in person for criminal hearings, but the The District Court Criminal/Minor Offenses Meeting ID may be used for other participants, such as out of town attorneys, victims, and other participants. Burns-Marshall argues that the superior court abused its discretion by denying his motion to reopen the trial record 47 days after its oral decision. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. 0000003205 00000 n You're all set! (4) Time for Completion. Burns-Marshall requested primary physical custody and shared legal custody. Their only child was born in 2011. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. The ruling struck down as unconstitutional a newly enacted law prohibiting all marijuana possession, holding that the privacy protections afforded by the Alaska constitution protect adults who possess marijuana in their homes. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . R.L.B., 979 P.2d 514 (Alaska 1999). academic and personal Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. 1742 . 375 23 In 2005, the Legislature shut all of that down. For an exact broadcast schedule, visit the Gavel to Gavel website or contact them at 1-800-870-5866. Burns-Marshall also argues that the court did not provide a reasonable period for Burns-Marshall to sell the property before issuing a judgment and imposing interest. One current and two former legislators later sued to effectively set aside the governors veto. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). Alaska legislators apologize after breaking COVID rules by bringing friends for ping-pong, basketball at Capitol gym, Alaska sues PFAS makers as lawmakers seek broader action from regulators, Army grounds aviators for training after fatal crashes in Alaska and Kentucky, How do electric vehicles perform in Alaska? Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, The recordings are maintained at The National Archives and Records Administration. KTOO News Update. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. for all of their hard work," Fortson says. They separated in October 2016 and shared custody of the child. 0000005078 00000 n RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. The trial court could reasonably conclude that filing a motion to reopen the trial record 47 days after the court's oral decision was insufficient to preserve Burns-Marshall's opportunity to present additional evidence.8 Accordingly it was not an abuse of discretion to find no good cause to reopen the trial record. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. Students thus learn proper document formatting and legal writing She argued the superior court erred by relying on a cursory report from. In this photo taken in February 2015, Alaska Supreme Court Justice Daniel Winfree and Chief Justice Dana Fabe listen to oral arguments in Peter Metcalfe vs. State of Alaska during the first time . 9. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. (e)Oral Argument. Jaymot v. Skillings-Donat, 216 P.3d 534, 544 (Alaska 2009) (An issue raised [for the first time in a motion for reconsideration] is untimely and is not properly before the court on appeal.). The Alaska Department of Natural, Justia Opinion Summary: Mother Miranda T. appealed the superior courts entry of a disposition order in child in need of aid (CINA) proceedings. [1], The court originally consisted of two associate justices and a chief justice. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. Please disregard any stray or handwritten markings on these copies. 197 0 obj <>stream The decision provides a second chance for many as 78,000 Alaskans to get back into the states coveted and most generous retirement plan. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, 7. UAA strives to make its online experiences accessible. Conference line (toll free): 1-888-788-0099. (6) Costs. On Wednesday, I had an oral argument "in" (virtually, unfortunately) the Alaska Supreme Court in our case arguing to uphold the state's law regulating SuperPACs, Patrick, et al., v. Alaska. Compliance, Activities and hb``` cb%L In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. Superior Court Judge Lybrand (See above note regarding. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. 0000001715 00000 n 166 0 obj <> endobj defend their briefs, but my hope is that the exercise gives them confidence in their Locations & Hours CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. Metcalfe had brief stints working for the state in 1972 and 1980 and qualified for what later was known as Tier I in PERS, or the Public Employees Retirement System. Cf. The following is a list of conference line numbers for each judge. Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and Through On the Friday of PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. Retention of Alaska Natives into Nursing, Listen to podcasts of UAA Campus Bookstore presentations, Conversations about landlord tenant law in Alaska, Ingrid Johnson's newest publication explores victim-survivors reasons for not reporting to the police, Working in Institutional and Community Corrections, The Resurgence of Tribal Courts: A Tribal Judge's Perspective, Time to Legalize? Its 42-page preliminary order is based, in part, on the Comstock Act , a law . locations provide unparalleled access to industry connections, Arctic research, outdoor But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. Cf. (ANSEP), Alaska For the written portion of the The three-minute line is temporarily To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. Retirement", https://en.wikipedia.org/w/index.php?title=Alaska_Supreme_Court&oldid=1147278660, This page was last edited on 29 March 2023, at 22:25. graduation. If you have any questions, please contact the court at (907) 874-2311 or send an email to 1WRmailbox@akcourts.gov. A divorcing couple disputed custody of their child and division of their marital property. The five supreme court justices, by majority vote, select one of their members to be the chief justice. Details. courtroom will encourage more students to experience Legal Studies courses. Alaska Natives into Nursing (RRANN). All rights reserved. Krogman opposed, arguing that Burns-Marshall had waived any right to reopen discovery and that he had actual and constructive notice of the allegations of substance abuse and domestic violence. Terms of Use, Coordinated Resources Project /CRP/Mental Health Court, The District Court Criminal/Minor Offenses, Defendants who are in Ketchikan are expected to appear in person for criminal hearings. The email address cannot be subscribed. 8. 40 Years in Corrections: Are We Going Forward or Backward? Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. In the suit, civil rights groups are challenging the Alaska state. A justice must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. This new classroom will expand the reach of the Legal Studies program into To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. The court divided the marital property 60/40 in favor of the wife, awarded all of the real property to the husband, and ordered him to make an equalization payment. See each location below for the specific Meeting ID you need to connect into the courtroom. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). The specific cases to be argued each day, and the attorneys scheduled to [T]he superior court must consider sales costs when its property division is premised on an economically disadvantaged party being forced to sell a house.12 But that was not the case here: the court found that Burns-Marshall was the economically advantaged party and allowed him to decide whether to sell the property awarded to him.13. 11. system. Furthermore, the superior court is only required to consider the cost of sale of awarded property in a property division when the sale is certain and the direct result of the property division.14 Here the court acknowledged that Burns-Marshall could decide whether to sell or keep the properties, even though it recognized that Burns-Marshall would likely have to sell or liquidate some assets to make the equalization payment. A justice can be removed by being impeached by two-thirds of the Alaska Senate and convicted by two-thirds of the Alaska House of Representatives. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. Podcasts. Pay Online In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. v. The Court may hear an appeal of a criminal case if the lower court certifies that it involves an issue of substantial public interest or a significant question of constitutional law. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk.