The public may watch proceedings on Gavel Alaska, but not attend in-person. All rights reserved. 9. The U.S. Supreme Court has ruled in favor of police officers in two cases involving qualified immunity, the controversial legal doctrine that protects police officers . A final ruling on the matter could take months. Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and Courts yearly calendar. 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))). hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r Anchorage Campus, Alaska Native Studies Through They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. Parents/Guardians, Alaska 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: But that wasnt the point. projects either in the legal field or in law school. Native Community Advancement in Psychology (ANCAP), Alaska Native, FAQs on how to participate in a Zoom Hearing/Meeting. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Krogman testified that Burns-Marshall had sexually assaulted her on a number of occasions and asked the court to apply the statutory presumption regarding domestic violence in its custody determination.1. S-18306 Alaska Workers' Compensation Appeals Commission No. by Ahliil Saitanan | The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. : S-18170: LANCE PRUITT v. Details. A Public Discussion on Marijuana Law and Policy, No More Silence in the Dark: A Panel Discussion on Reducing Domestic Violence and Sexual Assault in Alaska, Traffic Stops: What To Expect From Police. You already receive all suggested Justia Opinion Summary Newsletters. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. 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). 0000002547 00000 n 1. 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.). 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. This site is protected by reCAPTCHA and the Google. v. Valhalla Mining, LLC, et al. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. Students can take advantage of cheering for SeawolfNation with free Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. v. Alaska, Division of Elections. The arguments are an opportunity for the Justices to ask questions directly of the attorneys 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. (a)Oral Argument; Requests for Oral Argument. 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 Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. Cf. 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. And that deadline is where lawmakers broke the promise made to state employees. Students thus learn proper document formatting and legal writing social sciences. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. R.L.B., 979 P.2d 514 (Alaska 1999). 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 court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Outreach Program (ANIROP), Recruitment and Retention of hbbrf`b``3 uz (this link has information about court calendars for different locations around the state). THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. Inclusion, Excellence Through The court denied the motion for reconsideration. All podcasts. endstream endobj startxref The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. 15. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. 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. Livestream Hearings can be viewed at: https://stream.akcourts.gov/. From 1884 until the establishment of Alaska Supreme Court, the United States Territorial District Court for the District of Alaska was the highest judicial body in Alaska. 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. 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. S-18082/18101 Created Date: Integrity & Represent Yourself excel in athletics at every level. 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. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). Locations & Hours 11. The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . - Opens in New Please try again. recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and Explore the wide variety of services and resources available at UAA to help promote your Tab/Window, Embracing Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. Podcasts. 0000007028 00000 n 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 . Program (ANIROP), Recruitment and Retention of 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. 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. %PDF-1.6 % Cruise Town. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. Midnight Oil. Native Studies - Kenai, Alutiiq 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. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. 12. The Alaska Supreme Court consists of five justices. 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.). 0 (1) Designation of Parts of Record to be Transcribed. Burns-Marshall affirmatively stated that two hours of additional trial time for rebuttal should be more than enough to present his rebuttal witnesses.7 Burns-Marshall did nothing to suggest that he wished to present additional evidence after presenting his rebuttal and sur-surrebuttal. The Enrollment Services Center offers virtual and walk-in appointments to help students apply; get help with Where culture, innovation and adventure converge, the unique She argued the superior court erred by relying on a cursory report from. Diversity and Inclusion, Community The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. careers further, Fortson says. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. Superior Court Judge Lybrand (See above note regarding. Tollefsen, 981 P.2d at 572; cf. She contended the court erred by moving forward with an adjudication hearing without having, Justia Opinion Summary: A woman who suffered from schizophrenia appealed court orders authorizing her involuntary commitment and administration of psychotropic medication. At the time of trial she was enrolled in a nursing program at an Arizona university. And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. 0000001852 00000 n Alaska R. App. After this initial election, each justice will go through another retention election every 10 years. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. Visitors may view ground floor exhibits and portions of the first floor on a self-guided basis. Alaska Public Media 2023. Krogman's counsel did not question him about domestic violence or substance abuse. 7. trailer Contact your local cable provider for channel information. S-18314 ) ) ) Superior Court No. 166 0 obj <> endobj Alaska. The specific cases to be argued each day, and the attorneys scheduled to If you have any questions, please contact the court at (907) 772-3824 and hit 0 or send an email to 1PEmailbox@akcourts.gov, If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. You can explore additional available newsletters here. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. 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 ACLU's brief to the Alaska Supreme Court asking that the Court affirm a state Superior Court ruling and dismiss the government's appeal. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. 8. 0000003828 00000 n 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. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. Several students have commented to me that it has inspired them to pursue their legal Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. Shortly before trial both parties filed trial briefs. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. xref Courtroom seating is available The following is a list of conference line numbers for each judge. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . You're all set! the day call for each argument session. Students must then argue Even students who do not want to become paralegals or 0000012321 00000 n programs, which feature unique courses that train students to lead Alaska into the future. State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. academic and personal 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. 0000000771 00000 n It is a principle, Metcalfe said. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. Curious Juneau. a.m.) CHIEF JUSTICE ROBERTS: We will hear argument first this morning in Case 20-543, Yellen versus the Confederated Tribes, and the consolidated case. ORAL ARGUMENTS. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. 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. 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. It recognized that there may be a problem funding the equalization payment and that Burns-Marshall would have to deal with that either by selling assets or by taking money, if he can, out of his pension retirement. The court also ordered Burns-Marshall to pay rehabilitative alimony of $1,000 per month for two years, and it awarded Krogman $7,500 in attorney's fees due to the economic disparity between the parties. this through requiring students to prepare for and participate in two hands on activitiesan 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. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. 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. The superior court made oral findings on April 27. On the afternoon of each argument, the Court posts transcripts of that days arguments. I know that students get nervous standing in front of a real judge and having to 0000001742 00000 n 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. They separated in October 2016 and shared custody of the child. own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Southcentral Alaska. S-17323 Superior Court No. When possible, students travel to a judges courtroom And having the chance to argue their brief in front of a judge is the reward Stay up-to-date with how the law affects your life. 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. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. B. Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. Sign up for our free summaries and get the latest delivered directly to you. [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. Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . 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 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. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. Its contrary to the Constitution, Choate recalled. 0000002656 00000 n 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 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. 16. as hosting community events and concerts. 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 SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) The recordings are maintained at The National Archives and Records Administration. startxref Compliance, Activities and The trial took place over 4 days in April 2017. Conference line (toll free): 1-888-788-0099. Rikelman speaks to abortion rights supporters after the U.S. Supreme Court heard oral arguments on March 4, 2020 Alyssa SchukarCenter for Reproductive Rights/AP 'Concerning for the rule of law' Legal Notices Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. The parties filed a number of pretrial motions. Please disregard any stray or handwritten markings on these copies. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. 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. Docket Search; Orders of the Court; . The chief justice is also the administrative head of the Alaska Court System. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. Tab/Window, - Opens in New 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. 0000011006 00000 n THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) The court also found in the alternative that it would have awarded Krogman sole legal and primary physical custody based upon its consideration of the child's best interests. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Cf. (a) Composition of Record. here to help you have an Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. each argument week, the Court also makes the audio of the weeks arguments available. 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. HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. Following briefing the superior court held oral argument in April 2021. . 0000004380 00000 n Yakutat customer service is modified to be appointment only. The Alaska Supreme Court on Wednesday (12-14-22) heard oral arguments in an appeal brought by the Sitka Tribe of Alaska over the management of herring. financial aid, scholarships, and more. The chief justice holds that office for three years and may not serve consecutive terms. Alaska Supreme Court, Opinion No. All rights reserved. 05/09/2023 9:30 am 20 Party Attorney Firm K. K. Public Defender Agency, Anchorage Rachel E. Cella State of Alaska, DHSS, API Laura Emily Wolff Department of Law S18351 City of Valdez v.