DOCSLIB.ORG

141097NCJRS.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
141097NCJRS.Pdf If you have issues viewing or accessing this file contact us at NCJRS.gov. .. ,. .... ... ... • ... 'r .. .., ~~ • -- .. -•• •... --• ""' - • .. .. .. ·r ,.. .. ~ .. ., J' -- ., I - - I . 4" '. • ~ ". ',.. • •~ ~ • ~ 'I -.,,- <.. • - • I. - • --"~ ,'pi.. alaska judicial council 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501-1917 (907) 279-2526 FAX (907) 276-5046 EXECUTIVE DIRECTOR NON-ATIORNEY MEMBERS William T. Cotton Jim A. Arnesen David A. Dapcevich Leona Dkakok ATIORNEY MEMBERS Mark E. Ashburn Daniel L. Callahan Thomas G. Nave CHAIRMAN. EX OFFICIO Daniel A. Moore, Jr. Chief Justice Supreme Court Message From the Executive Director We are pleased to present the Alaska Judicial Council's Sixteenth Report to the Legislature and Supreme Court for the years 1991 and 1992. The Council reports biennially on its dual constitutional responsibilities of nominating candidates for judicial vacancies and of making reports and recommendations to the supreme court and legislature. The report also covers the statutory mandate to evaluate judges standing for retention and applicants for the Public Defender. This report includes a brief narrative section that summarizes Council activities during 1991 and 1992, and a series of appendices. The appendices include a current listing of statutory and constitutional law affecting the Judicial Council, a log of judicial applicants, nominees and appointees, a log of all sitting judges and their retention election dates, and summaries of Council procedures for judicial selection and retention evaluation. Summaries of the Council's major reports during 1991 and 1992 also are included as appendices. The Judicial Council welcomes your comments and questions about this report. Very truly yours, ~;('~ William T. Cotton Executive Director 141097 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by Alaska Judicial C01mci1 to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner. Sixteenth Report: 1991-1992 to the Legislature and Supreme Court " ....... January 1993 The Alaska Judicial Council (1991-1992): Members and Terms CHAIRPERSON Daniel A. Moore, Jr. Chief Justice (1992-1995) Jay A. Rabinowitz Chief Justice (1990-1992) ATTORNEY MEMBERS NON-ATTORNEY MEMBERS Daniel L. Callahan (1988-1994) Hilbert J. Henrickson, M.D. (1985-1991) William T. Council (1986-1992) Leona Okakok (1987-1993) Mark E. Ashburn (1990-1996) Janis G. Roller (1989-1991) Thomas G. Nave (1992-1998) J. Paul Dittrich, M.D. (1991) Jim A. Arnesen (1991-1995) David A. Dapcevich (1991-1997) COUNCil STAFF 1991-1992 William T. Cotton, Executive Director Teresa W. Carns, Senior Staff Associate Susanne D. Di Pietro, Staff Attorney Josefa M. Zywna, Fiscal Officer Peggy J. Skeers, Admin. Assistant/Executive Secretary Joan Connors, Project Evaluator Susan Johnson, Research Assistant Judy Whittaker, Mediation Project Secretary Karen Burgess, Secretary Marie Meehleis, Secretary Marcia Vandercook, Alaska Sentencing Commission Staff Attorney Alan McKelvie, Alaska Sentencing Commission Research Analyst Table of Contents Part I: Introduction A. Purposes of the Judicial Council .................................. 1 B. Council Membership . .. 2 C. Organization and Administration of the Council. .. 2 Part II: Judicial Selection and Evaluation 1991-1992 A. Judicial Selection. .. 5 B. Judicial Selection Procedures. .. 5 C. Evaluation of Judges. .. 6 1. Retention Evaluation of Judges. .. 6 2. Performance Evaluation of Pro Tern Judges .................... 7 3. Evaluation of Federal District Court Judges .................... 7 Part III: Reports and Recommendations A. Introduction ...................................... '. .. 9 B. Major Reports, 1991 and 1992 ...... .. 9 1. Report on Rural Alternatives for Resolving Disputes ............. 9 2. Child Visitation Mediation Pilot Project ...................... 11 3. Alaska Sentencing Commission ............................ 12 4. Document Imaging. .. 13 C. Work in Progress, 1993 .. .. 14 1. Rural Justice Issues . .. 15 2. Sentencing Commission Recommendations and Followup ........ 15 D. Administration. .. 16 1. Committee Participation .. .. 17 2. Technical Assistance . .. 18 3. Legislative Liaison ...................................... 18 Table of Contents (Continued) Appendix A - Catalogue of Current Law Relating to the Alaska Judicial Council .................. .. A-I Appendix B - Judicial Council Membership ............................. B-1 Appendix C - Bylaws of the Alaska Judicial Council ...................... C-l Appendix D - Judicial Selection Procedures. .. D-l Appendix E - Judicial Appointment Log ..... : ......................... E-l Appendix F - Retention Evaluation Procedures .......................... F-l Appendix G - Retention Log of Judges ............................... G-l Appendix H - Summary of Programs and Recommendations of the Council Since Statehood: 1959-1992 ................................. H-l Appendix I - Council Publications Since Statehood ...................... I-I Appendix J - Resolving Disputes Locally: Alternatives for Rural Alaska ...... J-l Appendix K - Child Visitation Mediation Project ......................... K-l Appendix L - Evaluating Smaller Scale Imaging Systems .................. L-l Appendix M - Alaska Sentencing Commission .......................... M-l L _________ Part I Introduction Sixteenth Report to the Legislature and Supreme Court Alaska Judicial Council 1991-1992 Part I Introduction Alaska's Constitution established the Alaska Judicial Council and required it to "make reports and recommendations to the supreme court and to the legislature at intervals of not more than two years" (Article IV, Section 9). This is the Judicial COWlcil's Sixteenth Report to the legislature and the supreme court since statehood. It summarizes the Council's activities in 1991 and 1992 in judicial selection and evaluation and in research. The report includes appendices that describe the Council's membership (Appendix B), judicial selection procedures (Appendix D), judicial nominations and appointments since statehood (Appendix E), retention election evaluation procedures (Appendix F), and a retention election log (Appendix G). Executive summaries or excerpts from the major reports published by the Council are also included as Appendices J through M. A. Purposes.9,f the ~udicial Council Delegates to Alaska's Constitutional Convention created the Judicial Council for two purposes: to nominate candidates for supreme and superior court judgeships, and to conduct studies and recommend improvements in the administration of justice. The legislature since has expanded the scope of Council activity to include nomination of court of appeals and district court judges and candidates for the state public defender's office, as well as evaluation of judicial performance of all judges and justices for retention elections. The supreme court, by court rule, has requested that the Council assume varied responsibilities, including evaluation of pro tern judges and monitoring or evaluation of several experimental court programs. Appendix A provides constitutional and statutory references to all mandated Judicial Council functions. Sixteenth Report to the Legislature and Supreme Court Alaska Judicial Counci11991-1992 B. Council Membership Article IV, Section 8 of Alaska's Constitution establishes the membership of the Council as three noneattorney members appointed by the Governor, three attorney members appointed by the Board of Governors of the Alaska Bar Association, and the Chief Justice of the Supreme Court of Alaska who serves, ex officio, as Chairperson. The Constitution provides that all appointments shall be made "with due consideration to area representation and without regard to political affiliation." Non-attorney member appointments are subject to confirmation by a majority of both houses of the legislature, while attorney members are appointed by the Board of Governors of the Alaska Bar Association following advisory elections conducted among bar members within local judicial districts. Members are appointed for six-year staggered terms. New members of the Council are Jim Arnesen of Anchorage, Thomas Nave of Juneau, and David Dapcevich of Sitka. Mr. Arnesen was appointed by Governor Hickel to fill the non-attorney seat vacated by Dr. 'Paul Dittrich of Anchorage. Dr. Dittrich replaced Janis Roller, who resigned from the Council in February, 1991. Dr. Dittrich resigned after a brief period of service. Mr. Nave was appointed by the Board of Governors to replace attorney William Council of Juneau. Mr. Dapcevich was appointed by Governor Hickel to fill the non-attorney seat previously held by Dr. Hilbert Henrickson of Ketchikan. C. Organization and Administration of the Council The Judicial Council is governed by bylaws adopted in concurrence with the constitutional provision that the Council shall act If ••• according to rules which it adopts" (Article IV, Section 8). The bylaws were revised substantially in both 1973 and 1983. Current bylaws are included as Appendix C. Sixteenth Report to the Legislature and Supreme Court Alaska Judicial Cauncil1991·1992
Load more

Recommended publications
  • Historical Log of Judicial Appointments 1959-Present Candidates Nominated Appointed 1959 - Supreme Court - 3 New Positions William V
    Historical Log of Judicial Appointments 1959-Present Candidates Nominated Appointed 1959 - Supreme Court - 3 new positions William V. Boggess William V. Boggess John H. Dimond Robert Boochever Robert Boochever Walter Hodge J. Earl Cooper John H. Dimond Buell A. Nesbett** Edward V. Davis Walter Hodge* 1959 by Governor William Egan John H. Dimond M.E. Monagle John S. Hellenthal Buell A. Nesbett* Walter Hodge * nominated for Chief Justice Verne O. Martin M.E. Monagle Buell A. Nesbett Walter Sczudlo Thomas B. Stewart Meeting Date 7/16-17/1959 **appointed Chief Justice 1959 - Ketchikan/Juneau Superior - 2 new positions Floyd O. Davidson E.P. McCarron James von der Heydt Juneau James M. Fitzgerald Thomas B. Stewart Walter E. Walsh Ketchikan Verne O. Martin James von der Heydt 1959 by Governor William Egan E.P. McCarron Walter E. Walsh Thomas B. Stewart James von der Heydt Walter E. Walsh Meeting Date 10/12-13/1959 1959 - Nome Superior - new position James M. Fitzgerald Hubert A. Gilbert Hubert A. Gilbert Hubert A. Gilbert Verne O. Martin 1959 by Governor William Egan Verne O. Martin James von der Heydt Meeting Date 10/12-13/1959 1959 - Anchorage Superior - 3 new positions Harold J. Butcher Harold J. Butcher J. Earl Cooper Henry Camarot J. Earl Cooper Edward V. Davis J. Earl Cooper Ralph Ralph H. Cottis James M. Fitzgerald H. Cottis Roger Edward V. Davis 1959 by Governor William Egan Cremo Edward James M. Fitzgerald V. Davis James Stanley McCutcheon M. Fitzgerald Everett Ralph E. Moody W. Hepp Peter J. Kalamarides Verne O. Martin Stanley McCutcheon Ralph E.
    [Show full text]
  • Subsistence Hunting and Fishing in Alaska: Does Anilca’S Rural Subsistence Priority Really Conflict with the Alaska Constitution?
    MCGEE_CPCXNS.DOC 12/9/2010 3:38:15 PM SUBSISTENCE HUNTING AND FISHING IN ALASKA: DOES ANILCA’S RURAL SUBSISTENCE PRIORITY REALLY CONFLICT WITH THE ALASKA CONSTITUTION? JACK B. MCGEE* ABSTRACT All parties to the subsistence controversy in Alaska (the state and the federal government, sportsmen’s associations, outdoor organizations, and Native groups) have assumed that the Alaska National Interest Lands Conservation Act (ANILCA) grants residents of rural Alaska an exclusive right to engage in subsistence hunting and fishing on public lands. As a result, there appears to be an intractable contradiction between the “equal access” provisions of the Alaska Constitution and the subsistence provisions of ANILCA. This Article will question this widespread assumption. It will argue that while it is true that ANILCA creates a subsistence priority preference for rural Alaskans in the sense that at those times when fish or wildlife populations are threatened, rural Alaskans will be the very last group to have their right to subsistence hunting or fishing limited (i.e., ANILCA’s rural preference), the text of ANILCA does not support the claim that it creates a right to subsistence hunting and fishing on public lands that belongs exclusively to residents of rural Alaska. Consequently, there is no intractable contradiction between the Alaska Constitution and ANILCA. INTRODUCTION One of the most divisive and intractable political issues in Alaska is subsistence hunting and fishing. Although the Alaska National Interest Copyright © 2010 Jack B. McGee * B.S., J.D., M.S. (Philosophy), University of Wisconsin. The author is in private practice in Juneau, Alaska and specializes in appellate litigation.
    [Show full text]
  • The 2021-2022 Guide to State Court Judicial Clerkship Procedures
    The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community.
    [Show full text]
  • Diapering the Devil: How Alaska Helped Staunch Befouling by Mismanaged Oil Wealth: a Lesson for Other Oil Rich Nations JAY HAMMOND
    02-933286-70-9 CH 2:0559-8 10/4/12 11:37 AM Page 5 2 Diapering the Devil: How Alaska Helped Staunch Befouling by Mismanaged Oil Wealth: A Lesson for Other Oil Rich Nations JAY HAMMOND Preface “I call petroleum the devil’s excrement. It brings trouble. Look at this locura—waste, corruption, consumption, our public services falling apart. And debt, debt we shall have for years.” So warned Juan Pablo Pérez Alfonso, a Venezuelan founder of OPEC. A September 24, 2004, article in the British magazine The Economist elaborates further on Pérez Alfonso: During the heady oil boom of the mid-1970s . he was seen as an alarmist. In fact, he was astonishingly prescient. Oil producers vastly expanded domestic spending, mostly on gold- plated infrastructure projects that set inflation roaring and left mountains of debt. Worse, this did little for the poor. Venezuela had earned over $600 billion in oil revenues since the mid- 1970s but the real income per person of Pérez Alfonso’s compatriots fell by 15% in the decade after he expressed his disgust. The picture is similar in many OPEC countries. So bloated were their budgets that when oil prices fell to around Editor’s note: This chapter has kept as much as possible Hammond’s original text even though it was an unfinished manuscript. 5 02-933286-70-9 CH 2:0559-8 10/4/12 11:37 AM Page 6 6 Jay Hammond Acknowledgments from Larry Smith, coordinator The Hammond Family: Bella Gardiner Hammond, Jay’s wife, who keeps the home fires burning and who asked her granddaughter, Lauren Stanford, to send me the author's last draft.
    [Show full text]
  • Articles of Interest
    NOW READ OUR ARTICLES IN 40 DIFFERENT LANGUAGES. Select Language Powered by Translate SEARCH our ARCHIVE of over 14,000 articles Vol. 25, No.11 Week of March 15, 2020 Providing coverage of Alaska and northern Canada's oil and gas industry New initiative for EV charging stations Chugach Electric partnering with other entities for the installation of new facilities that will support electric vehicle use Alan Bailey for Petroleum News Anchorage-based electric utility Chugach Electric Association is partnering with five other entities to participate in an electric vehicle charging station research project in Southcentral Alaska, Chugach Electric has announced. The entities, selected competitively based on criteria such as geographic diversity and the availability of activities to carry out while charging is in progress, consist of Alyeska Resort; Creekbend Co., Hope; Dimond Center; JL Properties, South Restaurant retail center; and the Municipality of Anchorage parking lot, east of Rustic Goat Restaurant, Chugach Electric says. Each selected member will choose, install, own and maintain a charging station for the duration of the three-year research project. Chugach Electric will contribute up to $7,500 towards the installed cost of each facility. The objective of the project is to better understand the driving habits and charging needs of electric vehicle owners, and to gain insights into the extent to which the use of chargers may be made in commercial areas. While the charger at Alyeska Resort has already been in operation since September 2019, the other facilities will be installed by the end of June, after the ground thaws, Chugach Electric says.
    [Show full text]
  • Wildlife & Wilderness 2022
    ILDLIFE ILDERNESS WALASKAOutstanding & ImagesW of Wild 2022Alaska time 9winner NATIONAL CALENDAR TM AWARDS An Alaska Photographers’An Alaska Calendar Photographers’ Calendar Eagle River Valley Sunrise photo by Brent Reynolds Celebrating Alaska's Wild Beauty r ILDLIFE ILDERNESS ALASKA W & W 2022 Sunday Monday Tuesday Wednesday Thursday Friday Saturday The Eagle River flows through the Eagle River NEW YEAR’S DAY ECEMBER EBRUARY D 2021 F Valley, which is part of the 295,240-acre Chugach State Park created in 1970. It is the third-largest 1 2 3 4 1 2 3 4 5 state park in the entire United States. The 30 31 1 6 7 8 9 10 11 12 scenic river includes the north and south fork, 5 6 7 8 9 10 11 surrounded by the Chugach Mountains that 12 13 14 15 16 17 18 13 14 15 16 17 18 19 arc across the state's south-central region. • 19 20 21 22 23 24 25 20 21 22 23 24 25 26 The Eagle River Nature Center, a not-for 26 27 28 29 30 31 27 28 -profit organization, provides natural history City and Borough of Juneau, 1970 information for those curious to explore the Governor Tony Knowles, 1943- park's beauty and learn about the wildlife Fairbanks-North Star, Kenai Peninsula, and that inhabits the area. Matanuska-Susitna Boroughs, 1964 New moon 2 ● 3 4 5 6 7 8 Alessandro Malaspina, navigator, Sitka fire destroyed St. Michael’s 1754-1809 Cathedral, 1966 President Eisenhower signed Alaska Federal government sold Alaska Railroad Barry Lopez, author, 1945-2020 Robert Marshall, forester, 1901-1939 statehood proclamation, 1959 to state, 1985 Mt.
    [Show full text]
  • Twenty-Second Report: 2003-2004 to the Legislature and Supreme Court
    Twenty-Second Report: 2003-2004 to the Legislature and Supreme Court March 2005 The Alaska Judicial Council (2003-2004) Members and Terms Chairperson Chief Justice Alexander O. Bryner (2003-2006) Chief Justice Dana Fabe (2000-2003) Attorney Members Non-Attorney Members Douglas Baily (2004-2010) Eleanor Andrews (2000-2007) Geoffrey G. Currall (1998-2004) Bill Gordon (2003-2009) Robert B. Groseclose (2000-2006) Katie Hurley (1999-2003) Susan Orlansky (2002-2008) Gigi Pilcher (2000-2005) Council Staff 2003-2004 Larry Cohn, Executive Director Teresa W. Carns, Senior Staff Associate Susie Mason Dosik, Staff Attorney Ana M. Wood, Fiscal Officer Susan McKelvie, Research Analyst Emily R. Marrs, Executive Secretary Kathy Grabowski, Administrative Assistant Pat A. Scott, Administrative Assistant Jenny Miller, Project Attorney Peggy J. Skeers Kerr, Website Manager (2003) Josefa M. Zywna, Fiscal Officer (2003) Judicial Council Membership 2004 Members and staff, left to right (standing) Bill Gordon, Eleanor Andrews, Douglas Baily, Chief Justice Alexander O. Bryner, Gigi Pilcher, Susan Orlansky, Robert B. Groseclose, (seated) Teresa W. Carns (Senior Staff Associate), Larry Cohn (Executive Director), Susie Mason Dosik (Staff Attorney) Table of Contents Page Part I: Introduction A. Judicial Council Duties ........................................................... 1 B. Council Membership ............................................................. 2 C. Organization and Administration of the Council ........................................ 2 Part II:
    [Show full text]
  • THE ALASKA SUPREME COURT, the UNITED STATES SUPREME COURT, and RETROACTIVITY Paul E.Mcgreal*
    A TALE OF TWO COURTS: THE ALASKA SUPREME COURT, THE UNITED STATES SUPREME COURT, AND RETROACTIVITY Paul E.McGreal* SINTRODUCTION Whether out of homage to superior wisdom, judicial economy, desire for uniformity, or simple agreement, many state courts look to decisions of the United States Supreme Court for guidance on state constitutional issues or other issues where an analogy from federal law might be helpful. Many state supreme courts, such as the Alaska Supreme Court expressly reserve the power to interpret protections under their state constitutions more broadly than similar protections under the federal Constitution. At times, those courts that faithfully adhere to this republican spirit find sharp division within their ranks.2 Copyright © 1992 by Alaska Law Review * B.A., Williams College, 1989; I.D., Southern Methodist University School of Law, 1992. Law Clerk to the Honorable Warren W. Matthews, Alaska Supreme Court, 1992-93. 1. See Roberts v. State, 458 P.2d 340, 342 (Alaska 1969) ("We are not bound in expounding the Alaska Constitution's Declaration of Rights by the decisions of the United States Supreme Court, past or future, which expound identical or closely similar provisions of the United States Constitution."); Baker v. City of Fairbanks, 471 P.2d 386,402 (Alaska A.2d 793, 800 (N. 1990); the1970) highest ("We court need thenot he stand land."); by idly see andalso passively, State v. Hempele, waiting for576 constitutional direction from Statev. Boland, 800 P.2d 111 1114 319(Wash. S.E.2d 1990); 254, Pool 260 v. (N.C. Superior 1984). Court, 677 P.2d 261, 271 (Ariz.Professor 1984); Lawrence State v.
    [Show full text]
  • Senate Res Committee
    ALASKA STATE LEGISLATURE SENATE RESOURCES STANDING COMMITTEE April 17, 2017 5:00 p.m. MEMBERS PRESENT Senator Cathy Giessel, Chair Senator John Coghill, Vice Chair Senator Natasha von Imhof Senator Bert Stedman Senator Shelley Hughes Senator Kevin Meyer Senator Bill Wielechowski MEMBERS ABSENT All members present COMMITTEE CALENDAR COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 111(FIN)(EFD FLD) "An Act relating to the oil and gas production tax, tax payments, and credits; relating to interest applicable to delinquent oil and gas production tax; relating to carried- forward lease expenditures based on losses and limiting those lease expenditures to an amount equal to the gross value at the point of production of oil and gas produced from the lease or property where the lease expenditure was incurred; relating to information concerning tax credits, lease expenditures, and oil and gas taxes; relating to the disclosure of that information to the public; relating to an adjustment in the gross value at the point of production; and relating to a legislative working group." - HEARD & HELD PREVIOUS COMMITTEE ACTION BILL: HB 111 SHORT TITLE: OIL & GAS PRODUCTION TAX;PAYMENTS;CREDITS SPONSOR(s): RESOURCES 02/08/17 (H) READ THE FIRST TIME - REFERRALS 02/08/17 (H) RES, FIN SENATE RES COMMITTEE -1- April 17, 2017 02/08/17 (H) TALERICO OBJECTED TO INTRODUCTION 02/08/17 (H) INTRODUCTION RULED IN ORDER 02/08/17 (H) SUSTAINED RULING OF CHAIR Y23 N15 E2 02/08/17 (H) RES AT 1:00 PM BARNES 124 02/08/17 (H) Heard & Held 02/08/17 (H) MINUTE(RES) 02/13/17 (H) RES
    [Show full text]
  • Key Acts and Cases for Alaska Tribal Court Jurisdiction
    Key Acts and Cases for Alaska Tribal Court Jurisdiction Item Type Article Authors Fortson, Ryan Citation Fortson, Ryan. (2014). "Key Acts and Cases for Alaska Tribal Court Jurisdiction." Alaska Justice Forum 31(3–4): 12–13 (Fall 2014/Winter 2015). Publisher Justice Center, University of Alaska Anchorage Download date 01/10/2021 23:45:06 Link to Item http://hdl.handle.net/11122/6578 12 Alaska Justice Forum 31(3–4), Fall 2014/Winter 2015 Key Acts and Cases for Alaska Tribal Court Jurisdiction Ryan Fortson recognized tribe, that it had not attempted to (1998). This case addressed whether the Alaska Native Claims Settlement reassume jurisdiction under the procedures land selected by Alaska Native corporations Act (ANCSA) (1971). ANCSA resolved set out in ICWA, and that federal law granted through ANCSA constituted Indian country. the outstanding land claims of Alaska Na- Alaska exclusive jurisdiction over custody This status is important because tribes can tives through Congressional action. Prior matters involving Indian children. do things in Indian country normally as- to ANCSA, Alaska Natives held what is Native Village of Venetie I.R.A. Council sociated with sovereign governments, such known as aboriginal title to land in Alaska. v. State of Alaska, 944 F.2d 548 (9th Cir. as tax business conducted on tribal lands Through a series of United States Supreme 1991). In this case, two village councils and exercise criminal jurisdiction. Venetie Court cases dating back to 1823, aboriginal and two individuals who had adopted chil- had tried to collect taxes from the State title was held to mean that Native American dren through tribal courts sued the State and a private contractor for constructing tribes were domestic dependent nations for refusing to recognize the legal validity a school on ANCSA land to which it held that had a right to occupy lands they had of tribal court adoptions by denying the title.
    [Show full text]
  • Criminal Mischief
    Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling Item Type Report Authors Alaska Criminal Code Revision Subcommission Citation Alaska Criminal Code Revision Subcommission. (1977). Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling. Anchorage, AK: Alaska Criminal Code Revision Subcommission. Publisher Alaska Criminal Code Revision Subcommission Download date 06/10/2021 06:00:16 Link to Item http://hdl.handle.net/11122/10752 Scholarworks@UA — UAA Justice Center July 1977 Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling Alaska Criminal Code Revision Subcommission Suggested citation Alaska Criminal Code Revision Subcommission. (1977). Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling. Anchorage,
    [Show full text]
  • Alaska Supreme Court MO&J No Sm-1741
    NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). THE SUPREME COURT OF THE STATE OF ALASKA MICHAELA ROBINSON and ELIAS ) ROBINSON, ) Supreme Court No. S-17140 ) Appellants, ) Superior Court No. 3AN-16-09559 ) v. ) MEMORANDUM OPINION ) AND JUDGMENT* STATE OF ALASKA, DEPARTMENT ) OF HEALTH & SOCIAL SERVICES, ) No. 1741 – September 18, 2019 DIVISION OF SENIOR & ) DISABILITIES SERVICES, ) ) Appellee. ) ) Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Pamela Scott Washington, Judge pro tem. Appearances: Michaela and Elias Robinson, pro se, Anchorage, Appellants. Anna Jay, Assistant Attorney General, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau, for Appellee. Before: Bolger, Chief Justice, Winfree, Stowers, Maassen, and Carney, Justices. Michaela and Elias Robinson, appearing unrepresented, appeal from the Anchorage Superior Court’s dismissal of their claims against the Alaska Division of Senior and Disabilities Services in a long-running dispute over Michaela’s Medicaid * Entered under Alaska Appellate Rule 214. Personal Care Assistance (PCA) services. Michaela was the only plaintiff in the original complaint, but the superior court later granted her motion to join Elias as a co-plaintiff. The superior court only considered the claims raised in Michaela’s original complaint, disregarding several claims raised in her and Elias’s later filings. By doing so the court left several of the Robinsons’ claims unaddressed, and we remand so that they may be resolved. A. The Superior Court Did Not Consider The Robinsons’ Claim About Pre-2016 Benefits.
    [Show full text]