alaska supreme court oral argument

in front of a judge or jury. 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). The chief justice holds that office for three years and may not serve consecutive terms. 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.. (2) Preparation at Public Expense. 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. One current and two former legislators later sued to effectively set aside the governors veto. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. 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. Original story Oral argument will be held on Monday, October 12, 2020 at 1:30 PM in the State of Alaska v. Arctic Village. But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. The recordings are maintained at The National Archives and Records Administration. hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r 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. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) 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. 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. All podcasts. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. 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. The five supreme court justices, by majority vote, select one of their members to be the chief justice. careers further, Fortson says. From academic advising to student clubs and residence life, we're The public may watch proceedings on Gavel Alaska, but not attend in-person. On the Friday of 14. This assignment requires The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. Trial and Advanced Litigation Processes (LEGL A487) embraces 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. Pay Online Students really appreciate appearing before an actual judge and receiving feedback. Counseling Center, Alaska Native Studies Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. 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))). During the trial Burns-Marshall did not object to evidence of substance abuse or domestic violence; he only objected to the application of the domestic violence presumption. Calendars (this link has information about court calendars for different locations around the state). The eight-year-old class action lawsuit was previously considered by thelower courts twice alreadyandtwice appealedto the Alaska Supreme Court. (1) If either party desires oral argument on the motion, that party shall request a hearing within five days after service of a responsive pleading or the time limit for filing such a responsive pleading, whichever is earlier. Please refer to the 30-day rolling calendar 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. 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. Site Index Other matters that the Alaska Supreme Court may review include non-final decisions by lower courts in civil and criminal cases, attorney disciplinary issues, and state law questions that arise in a case in a federal court. 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. locations provide unparalleled access to industry connections, Arctic research, outdoor Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. programs, which feature unique courses that train students to lead Alaska into the future. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. Tab/Window, Embracing The cafeteria and gift shop are Appellee. ) We disagree. A. 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. field, but in everyday life. 5. Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. open to the public. 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. 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. The appointed justice must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each justice must participate in another retention election every ten years. Anchorage Campus, Alaska Native Studies In the suit, civil rights groups are challenging the Alaska state. UAA is the premier university in the heart of Alaska's largest city with campuses throughout Contact us. 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. (6) Costs. The Court began audio recording oral arguments in 1955. 9. Partner, Impact Superior Court Judge Lybrand (See above note regarding. Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. MARIAH B., Supreme Court No. Through Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. 0 Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, Request Copies You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Alaska Public Media 2023. Inclusion, Excellence Through xref 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. 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 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 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 specific cases to be argued each day, and the attorneys scheduled to languages, cultures, history, politics, art, governments and corporations. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . 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. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. In nearly every discipline, undergraduate and graduate students have the opportunity to join Diversity and Inclusion, Community 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. The assignment prepares students to be able to transfer those skills to legal research (5) Filing and Distribution. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. 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. The following is a list of conference line numbers for each judge. The public is welcome to attend appellate court oral arguments in person. Courtroom seating is available CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 0000004965 00000 n The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. [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. Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. They also can be removed, suspended, or censured at the discretion of the Supreme Court, based on a recommendation by the Alaska Commission on Judicial Conduct. Alaska Natives into Nursing (RRANN). UAA is a comprehensive, open access, public university established on the ancestral The superior court found no good cause to reopen the trial record and denied the motion. defend their briefs, but my hope is that the exercise gives them confidence in their financial aid, scholarships, and more. 0000005790 00000 n Oral arguments this semester took place Curious Juneau. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). Learn more about the, Want to know what course we're offering for the current and next semester? Forms Sign up for our free summaries and get the latest delivered directly to you. The justices are appointed by the governor of Alaska from slates of candidates approved by the Alaska Judicial Council, an independent commission of Alaskan lawyers and lay citizens. On days when the Court is not in session, the building will be open to the public from 9:00 a.m. to 3:00 p.m., excluding weekends and federal holidays. Courtroom lectures are offered on a first-come, first-served basis. When 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. 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. 1742 . And maybe, nobody would do anything about it.. Once a justice has been selected, they will serve for at least three years, and then Alaska citizens will vote on whether the justice should be retained. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. The husband appeals the denial of his motion to reopen the evidence and the property division. Visitors may view ground floor exhibits and portions of the first floor on a self-guided basis. Wrangell customer service is modified to be appointment only. 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. 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. ) Supreme Court No. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. v. hb``` cb%L 0000009687 00000 n And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. And that deadline is where lawmakers broke the promise made to state employees. 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. The Court holds oral argument in about 70-80 cases each year. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. and other impacts were raised during oral argument. along with a list of legal cases relevant to the motion. 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. Language Assistance 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). : S-18170: LANCE PRUITT v. 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 be filed in court. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. 3AN-17-05729 CI ) MEMORANDUM OPINION ) AND JUDGMENT* RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. The practice of law is always geared in one way or another toward making arguments Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. 0000002547 00000 n Copyright 2023, Thomson Reuters. ORAL ARGUMENTS. 11. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to The court denied the motion for reconsideration. Locations & Hours Alaska R. App. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. 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. tickets to many games. 3. 0000012321 00000 n endstream endobj startxref 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. 397 0 obj <>stream The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. 197 0 obj <>stream Burns-Marshall requested primary physical custody and shared legal custody. 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: 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. 0000004380 00000 n (a)Oral Argument; Requests for Oral Argument. 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. Because the husband waived any argument that he should be allowed to present additional evidence and the court did not abuse its discretion in its property division, we affirm. 2021 University of Alaska Anchorage UA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual. Visit https://stream.akcourts.gov/. Under the Alaska Constitution, the supreme court establishes rules for the administration of all courts in the state and for practice and procedure in civil and criminal cases. %%EOF 10. Krogman worked at various jobs during the marriage. Courts yearly calendar. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. S. Henderson. Stay up-to-date with how the law affects your life. 0000001852 00000 n go to law school will benefit from taking Legal Studies courses," Fortson says. Cf. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). (e)Oral Argument. For the oral argument assignment, pictured 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. v. Valhalla Mining, LLC, et al. But he could have avoided such a surprise: he could have conducted discovery before trial. 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. October 11, 2022. Cases are browsable by date and searchable by docket number, case title, and full text. Supreme Court Oral Argument Calendar May 2023 Anchorage, Boney Courthouse Case Name Date Time Minutes Case# Per Side S18050 Hospitalization of K.K. Teck American, Inc., et al. 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. Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. The reason the State urged the adop-tion of the lower standard was because, "based on the After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 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