alaska supreme court oral argument

They owned a condominium in Anchorage and a vacant lot in Homer. The recordings are maintained at The National Archives and Records Administration. 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. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. endstream endobj 376 0 obj <>/Metadata 72 0 R/Pages 71 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 377 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 378 0 obj [146 0 R] endobj 379 0 obj <> endobj 380 0 obj <>stream When possible, students travel to a judges courtroom The Alaska Supreme Court says the Legislature violated the state constitution when it arbitrarily limited when some public employees could return to work and resume making retirement contributions. At the time of trial she was enrolled in a nursing program at an Arizona university. Its contrary to the Constitution, Choate recalled. Turning to the property division, the superior court determined that a 60/40 split of the marital assets in Krogman's favor was fair and equitable. Courtroom lectures are offered on a first-come, first-served basis. Careers for available lectures. Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. Although the superior court did not reach this question, the courts ultimate conclusion nevertheless was correct: the legislatures use of Permanent Fund income is subject to normal appropriation and veto budgetary processes. 0000004965 00000 n The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well The superior court found no good cause to reopen the trial record and denied the motion. B. 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. Arguments are generally Alaska R. App. For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. The 5th Circuit Court of Appeals then partially blocked . Parents/Guardians, Alaska Burns-Marshall filed a motion for reconsideration of the superior court's property division, asking the court to consider the costs and risks involved in selling the property and to modify the property division by awarding Krogman the Homer lot or, alternatively, calculating the equalization payment based on the actual sale price. 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. In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. The court also ordered that, if Krogman was still on the title for the Homer property, Burns-Marshall had to remove her from the title within a year or sell the property. 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. excel in athletics at every level. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. v. Alaska, Division of Elections. The chief justice is also the administrative head of the Alaska Court System. Contact us. Please disregard any stray or handwritten markings on these copies. defend their briefs, but my hope is that the exercise gives them confidence in their The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. The court prefers to hear oral arguments in the city where the case was heard in the trial court. 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. But he could have avoided such a surprise: he could have conducted discovery before trial. as hosting community events and concerts. Anchorage, AK - Today the Alaska Supreme Court will hear oral arguments by Liberty Counsel on behalf of several churches seeking to defend a lawsuit brought by the ACLU that challenges certain tax exemptions. All rights reserved. style. Matt Miller is a reporter at KTOO in Juneau. But the hearing . Represent Yourself (b) Preparation of Transcript. (this link has information about court calendars for different locations around the state). Native Community Advancement in Psychology (ANCAP), Alaska Native, If you are unsure which number to call for your hearing, please contact the court at (907) 463-4700 and hit 0 or send an email to 1JUmailbox@akcourts.gov to verify. If you are unsure which number to call for your hearing, please contact the court at (907) 225-3195 and hit 0 or send an email to 1KEmailbox@akcourts.gov to verify. 16. ) ) ) ) ) ) ) ) ) Supreme Court No. Learn more about UA's notice of nondiscrimination. Calendars Supreme Court No. Also see FAQs on how to participate in a Zoom Hearing/Meeting. Although the MO&Js and most orders are not published, the MO&Js are available for public inspection at the Anchorage, Fairbanks, and Juneau offices of the clerk of the appellate courts, and the orders are filed in the clerk's Anchorage office. Even students who do not want to become paralegals or It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. Indigenous and Rural In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. All rights reserved. P. 505. 15. 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))). It included inflation and cost-of-living adjustments, and medical coverage for a public employee or teacher and their dependents when they retired as soon as age 50. Partner, Impact Visitors may view ground floor exhibits and portions of the first floor on a self-guided basis. The high court's order halts a decision from Texas-based U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump who earlier this month ruled against the FDA's 2000 approval of mifepristone, in response to a lawsuit brought by right-wing activists ultimately aiming to end abortion care nationwide.. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. See what's Oral arguments this semester took place Alternate conference lines (toll free): 1-877-853-5247 or 1-833-548-0276 or 1-833-548-0282, See also Court Calendars, Court Directory, Filing Instructions, Search Cases. [1], The court originally consisted of two associate justices and a chief justice. 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. During the Supreme Court oral arguments about armative action in October 2022, Justice Elena Kagan asked, "[I]f you're a hospital and you serve a diverse group of patients, is it super important to you to have a diverse set of doctors?" S-18306 Alaska Workers' Compensation Appeals Commission No. Wrangell customer service is modified to be appointment only. The public is welcome to attend appellate court oral arguments in person. In nearly every discipline, undergraduate and graduate students have the opportunity to join Metcalfe said he doesnt really plan to work for the state a requirement for him to buy his way back into the Tier 1 benefit program. S-18026 Superior Court No. 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. The court meets after oral argument and on a bi-weekly basis to confer on cases argued orally and on cases submitted on the briefs. 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. 0000005790 00000 n simulated trial with examination of witnesses. 166 0 obj <> endobj Important Note: District Court criminal cases are often scheduled before multiple Judges; most frequently Judges Pickrell, Lybrand, and Schulz. The husband filed a motion to reopen the evidence regarding domestic violence and substance abuse more than a month after the court's oral decision. The reason the State urged the adop-tion of the lower standard was because, "based on the Programs, Info for They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. Locations & Hours In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. J?* h 9$XDvf`5@HE=K[4# . 197 0 obj <>stream UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. Learn more about the, Want to know what course we're offering for the current and next semester? Burns-Marshall testified that he and Krogman were both great parents and that neither of them had substance abuse problems or had committed domestic violence. ) Supreme Court No. Request Copies 0000011006 00000 n Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). 397 0 obj <>stream 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. the instructor in Trial and Advanced Litigation Processes. %PDF-1.6 % hbbrf`b``3 uz But that wasnt the point. Sitka. Minor, Alaska Native Science and Engineering Program 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. The Alaska Supreme Court consists of five justices. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. Krogman's counsel did not question him about domestic violence or substance abuse. While the court's property division made it likely that Burns-Marshall would have to sell or liquidate some property to make the equalization payment to Krogman, the sale of the real property was not so certain as to require the court to consider the consequences of its sale.15 Under these circumstances, it was not an abuse of discretion to award Burns-Marshall the property without considering the costs of sale.16. 5. In the suit, civil rights groups are challenging the Alaska state. The ACLU's brief to the Alaska Supreme Court asking that the Court affirm a state Superior Court ruling and dismiss the government's appeal. The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. system. Wrangell customer service is modified to be appointment only. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Alaska Public Media 2023. The Alaska Supreme Court will hear oral arguments in a lawsuit filed by independent U.S. House candidate Alyse Galvin Friday beginning at 1:15 p.m. Galvin, an independent candidate, won the . 14. The court accepted the parties stipulated values for their real property ($130,000 for the Anchorage condo and $120,000 for the Homer lot) and awarded both of the properties to Burns-Marshall. The court applied the factors listed in AS 25.24.150(c), finding that Krogman was better able to meet the child's needs, that the parties would not be able to cooperate, that Burns-Marshall had committed domestic violence, and that Burns-Marshall abused alcohol. Students must then argue Mr. Guarnieri. Beal v. Beal, 88 P.3d 104, 117 (Alaska 2004); see Fortson v. Fortson, 131 P.3d 451, 461 (Alaska 2006); Tollefsen v. Tollefsen, 981 P.2d 568, 571-72 (Alaska 1999). 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: Studies - Kodiak, Alaska Native Business Management After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. The chief justice holds that office for three years and may not serve consecutive terms. 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. Shortly before trial both parties filed trial briefs. in front of a judge or jury. When the legislature did this in 2005, there was a lot of pushback, I think, within the legal community, people giving advice, saying This is not right. Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. 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. They separated in October 2016 and shared custody of the child. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. Program (ANIROP), Recruitment and Retention of 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. funding options. 11. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. 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). 0000002656 00000 n Court System Information argue them, are identified on hearing lists for each session and on See Kollander v. Kollander, 400 P.3d 91, 94 n.3 (Alaska 2017) (Because [appellant] addresses these issues only cursorily and does not cite to authority for either argument, we consider them waived.). 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. And that deadline is where lawmakers broke the promise made to state employees. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. Teck American, Inc., et al. 0000003205 00000 n Yakutat customer service is modified to be appointment only. The three-minute line is temporarily 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. Stay up-to-date with how the law affects your life. 180 0 obj <>/Filter/FlateDecode/ID[<165A4196B83FBD4C8B5F2921154FFD01>]/Index[166 32]/Info 165 0 R/Length 76/Prev 274855/Root 167 0 R/Size 198/Type/XRef/W[1 2 1]>>stream urged the West Virginia Supreme Court to join the courts rejecting probable cause and hold "that reason-able suspicion applies here" (Oral Argument at 1:19:29-1:19:45 (Sept. 27, 2022), https://youtu.be/ 2tzFiUgkrAc). locations provide unparalleled access to industry connections, Arctic research, outdoor 4. Trial and Advanced Litigation Processes (LEGL A487) embraces ability to think through and explain the law, says associate professor Ryan Fortson, Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, for oral argument, but in the near future, the Legal Studies program will have its Southcentral Alaska. 9. Several students have commented to me that it has inspired them to pursue their legal Alaska Natives into Nursing (RRANN), Recruitment Garden Talk. Pay Online social sciences. Courtroom seating is available xref A weekly Alaska news email from KTOO. 0000000771 00000 n I know that students get nervous standing in front of a real judge and having to : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. careers further, Fortson says. Inclusion, Excellence Through hb``` cb%L Two retired justices were brought in to hear it. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. 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 . `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to One current and two former legislators later sued to effectively set aside the governors veto. The following is a list of conference line numbers for each judge. Cases are browsable by date and searchable by docket number, case title, and full text. Please refer to the 30-day rolling calendar Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. 0000009687 00000 n The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. Jury Service But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. Burns-Marshall argues that the court abused its discretion by failing to take into account the costs and risks associated with selling the real property it awarded to him and that it therefore clearly erred in its valuation of the property. Livestream Hearings can be viewed at: https://stream.akcourts.gov/. MARIAH B., Supreme Court No. 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. And the legislature chose to do it anyway because they thought it would save them a lot of money. The court usually announces its decisions of the cases by issuing opinions for official publication (in Westlaw, the Pacific Reporter and the Alaska Reporter) as well as memorandum opinions and judgments (MO&Js) and orders summarily ruling on the merits of cases or dismissing them. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. The Alaska Supreme Court must review any appeal of a civil case in an Alaska Superior Court or a decision made by an administrative agency. 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. 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. v. in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer Following briefing the superior court held oral argument in April 2021. . (1) In expedited election appeals under Rule 216.5, oral argument will automatically be held unless it is affirmatively waived under Rule 216.5 (g). 1742 . Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . FAQs on how to participate in a Zoom Hearing/Meeting. Language Assistance 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. available via our. to the public on a first-come, first seated basis. 0000005078 00000 n The superior court made oral findings on April 27. You can explore additional available newsletters here. Site Index for all of their hard work," Fortson says. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. research teams and collaborate with experienced faculty mentors. Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. 7. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. suspended. tickets to many games. Native Studies - Anchorage, Alaska College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native A final ruling on the matter could take months. 40 Years in Corrections: Are We Going Forward or Backward? Krogman worked at various jobs during the marriage. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. The court observed that Krogman would no longer have health insurance and that the disparity in the parties income required it to deviate from a 50/50 split. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. Court of Appeals Oral Argument Calendar April 2023 Anchorage, Boney Courthouse Date Time Minutes Case# Case Name Per Side A13622 Anthony Jenkins-Alexie v. State of Alaska 04/27/2023 9:30 am 30 Party Attorney Firm Anthony Jenkins-Alexie Public Defender Agency, Anchorage Emily L. Jura State of Alaska Donald Soderstrom Attorney General's Office 10. The court found that Burns-Marshall had an earning capacity of more than $100,000 per year, while Krogman's current earning capacity was around $15,000 per year and would likely be $50,000 to $55,000 per year after she obtained her nursing degree. projects either in the legal field or in law school. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . Tab/Window, Embracing The arguments are an opportunity for the Justices to ask questions directly of the attorneys In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. 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))). the day call for each argument session. 1916 - August 31, 2022 Appeal from the . You already receive all suggested Justia Opinion Summary Newsletters. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. and 0 Docket Search; Orders of the Court; . The days on which arguments are held are identified on the 0000001252 00000 n The Court holds oral argument in about 70-80 cases each year. 2. the local legal community, and within UAA, the hope is that the presence of a simulated Diversity and Inclusion, Community Forms Tab/Window, - Opens in New 0000001068 00000 n %%EOF 13. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . open to the public. Students thus learn proper document formatting and legal writing Even if he had not done so, he could have asked for a continuance of the trial to conduct discovery when Krogman raised the issue, or he could have filed a timely motion to reopen the evidence following the court's application of the presumption against him. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. 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. All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. The thrust of their argument was that a 1976 constitutional amendment creating the Alaska Permanent Fund gave the legislature constitutional authority to pass laws dedicating use of Permanent Fund income without need for annual appropriations and, therefore, not subject to annual gubernatorial veto. Legal Notices Alaska. It is a principle, Metcalfe said. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> See each location below for the specific Meeting ID you need to connect into the courtroom. A. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. trailer 3. In her testimony Krogman criticized Burns-Marshall's parenting, alleging that he did not take care of their child's hygiene or safety, made homophobic and racist comments in front of the child, and did not support her relationship with the child. Burns-Marshall objected to Krogman's request to apply the domestic violence presumption, arguing that it was inappropriate to invoke without raising it in her original answer as a counterclaim. The court ordered Burns-Marshall to make an equalization payment to Krogman.

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