Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. Mr. Guarnieri. (5) Filing and Distribution. Curious Juneau. here to help you have an The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. It is a principle, Metcalfe said. From academic advising to student clubs and residence life, we're Contact us. 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. tickets to many games. Tools, Research Burns-Marshall requested primary physical custody and shared legal custody. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. See what's All rights reserved. All hearings continue to be telephonic only. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. Anchorage Campus, Alaska Native Studies Partner, Impact arguments are constructed.. 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. the day call for each argument session. 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. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. Also see FAQs on how to participate in a Zoom Hearing/Meeting. We've adopted a different strategy in this case from, say, Lieu v. FEC: Our aim is to argue to the originalists on the United States Supreme . Counseling Center, Alaska Native Studies 40 Years in Corrections: Are We Going Forward or Backward? Inclusion, Excellence Through 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. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. It found that Burns-Marshall's earning capacity of more than $100,000 per year was much greater than Krogman's $15,000, or even the $50,000 or $55,000 she could earn after completing her nursing degree. programs, which feature unique courses that train students to lead Alaska into the future. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. Following his death, Alaska held a special primary election and a special general election to select a candidate to complete the remainder, Justia Opinion Summary: After a mining company abandoned its mining claims, the claims were located and recorded by a second mining company, which also abandoned the claims. 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. (6) Costs. The public may watch proceedings on Gavel Alaska, but not attend in-person. The narrow question this case presented for the Alaska Supreme Court's review was whether the 1976 amendment to the Alaska Constitution exempted the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. AVCG sought the States approval to create overriding royalty interests on the leases. Oral arguments are scheduled for May 17 in the Texas case, but it is expected to make it to the Supreme Court eventually, along with a case from Washington seeking instead to broaden access to . We disagree. And the legislature chose to do it anyway because they thought it would save them a lot of money. But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. 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. the instructor in Trial and Advanced Litigation Processes. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . 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. 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. 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. The court ordered Burns-Marshall to make an equalization payment to Krogman. Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach courtroom will encourage more students to experience Legal Studies courses. projects either in the legal field or in law school. A divorcing couple disputed custody of their child and division of their marital property. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. Courts yearly calendar. KTOO News Update. 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. Program (ANIROP), Recruitment and Retention of It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. funding options. 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. Original story Oral argument will be held on Monday, October 12, 2020 at 1:30 PM in the State of Alaska v. Arctic Village. Contact Us 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. 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. success and well-being. Supreme Court Bar. 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 . 0000005682 00000 n impactful careers. Stay up-to-date with how the law affects your life. After more than three hours of oral arguments in a single case last week, Supreme Court Chief Justice John Roberts uttered the traditional closer, "The case is submitted.". Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and Students can take advantage of cheering for SeawolfNation with free this through requiring students to prepare for and participate in two hands on activitiesan At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Fortson, 131 P.3d at 461 (Where a court order or external conditions force a party to sell, the court must grant the party necessary costs because the court's failure to make provision for the costs of repairs and sale of the real property awarded defeat[s] its stated goal of awarding [an economically disadvantaged party] the greater share of the marital estate. (alterations in original) (quoting Tollefsen, 981 P.2d at 572)); see also Beal, 88 P.3d at 117. (7) Form of Transcript. Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. In addition, the supreme court may, at its discretion, hear petitions from non-final decisions by lower courts or original applications in matters in which relief is not otherwise available, including admission to the bar association and attorney discipline matters, as well as questions of state law certified from the United States federal courts. Locations & Hours Dundas, 362 P.3d at 478-80 (finding that tax consequences had to be considered for equipment sold before property division, property already in process of being sold at time of trial, and property that court approved sale of before trial). 3. We disagree. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) Seating for the oral argument sessions will be provided to the public, members of the Supreme Court Bar, and press. Cases are browsable by date and searchable by docket number, case title, and full text. Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. 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. They separated in October 2016 and shared custody of the child. CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. 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.). Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. For the written portion of the If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. Cruise Town. and other impacts were raised during oral argument. %PDF-1.6 % Shows & Podcasts. 0000006408 00000 n To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. The 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. Minor, Alaska Native Science and Engineering Program Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. MARIAH B., Supreme Court No. 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. 0000001372 00000 n 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. Compliance, Activities and Teck American, Inc., et al. Sign up for our free summaries and get the latest delivered directly to you. and Students thus learn proper document formatting and legal writing UAA is a comprehensive, open access, public university established on the ancestral Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). 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. 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). Innovation, Excellence Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). The eight-year-old class action lawsuit was previously considered by thelower courts twice alreadyandtwice appealedto the Alaska Supreme Court. In November the court entered a partial final judgment against Burns-Marshall in the principal amount of $73,266.29 and attorney's fees in the amount of $7,500 plus statutory interest. 0 Yakutat customer service is modified to be appointment only. Students must then argue Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. their brief in front of an actual judge. 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). 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. Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. But that wasnt the point. The Court began audio recording oral arguments in 1955. 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 The Enrollment Services Center offers virtual and walk-in appointments to help students apply; get help with 10. 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). excel in athletics at every level. Supreme Court No. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. In nearly every discipline, undergraduate and graduate students have the opportunity to join 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. 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 recordings are maintained at The National Archives and Records Administration. Calendars style. Supreme Court Nos. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. October 11, 2022. 14. UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and All rights reserved. I dont think the legislature or the governor should be willy-nilly trying to limit benefits, or freedom of speech, or anything else that is protected in the Constitution.. ability to think through and explain the law, says associate professor Ryan Fortson, Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. Metcalfes attorney, Mark Choate, said he remembers when lawmakers were debating the changes to the retirement program. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) 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 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 her answer Krogman denied that Burns-Marshall was fit to have joint legal and shared physical custody and asked for sole custody, with reasonable visitation for Burns-Marshall. 4. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. 0000011006 00000 n Kevin Dietsch/Getty Images. Their only child was born in 2011. "Public speaking and critical thinking skills are important not just in the legal 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. Native Community Advancement in Psychology (ANCAP), Alaska Native, 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. Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. 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.). Court System Information Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. 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 . Sign up for our free summaries and get the latest delivered directly to you. 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. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. Two retired justices were brought in to hear it. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. Explore the wide variety of services and resources available at UAA to help promote your The Alaska Supreme Court consists of five justices. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. 0000003205 00000 n 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. The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well Midnight Oil. 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. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. 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. The trial took place over 4 days in April 2017. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). Appellee. ) Pay Online 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. Studies - Kodiak, Alaska Native Business Management suspended. On the Friday of The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. It awarded Burns-Marshall the $112,334.26 in debt on the Anchorage property and $57,008.39 in debt on the Homer property, and stated that Burns-Marshall could choose to keep or sell both properties.2. The chief justice holds that office for three years and may not serve consecutive terms. %%EOF 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. Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. - Opens in New 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. After this initial election, each justice will go through another retention election every 10 years. 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. A final ruling on the matter could take months. All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. The following is a list of conference line numbers for each judge. : S-18170: LANCE PRUITT v. 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. We have only required the court to consider the sales costs when sale of the awarded property is inevitable. Fortson, 131 P.3d at 461. The following is a list of conference line numbers for each judge. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. Tiffany A. Semenza v. Jeffrey Rady (Unpublished), AVCG, LLC v. Alaska Department of Natural Resources, Jack W. Fredrickson v. Allison O. Hackett (Unpublished), Terry M. Parsons v. Craig City School District and Alaska Municipal League Joint Insurance Association (Unpublished), Michael Mann Jr. v. Hannah Maus (Unpublished), M.T. hbbrf`b``3 uz 2. When graduation. UAA strives to make its online experiences accessible. You can explore additional available newsletters here. Indigenous and Rural 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. The days on which arguments are held are identified on the 375 0 obj <> endobj Are you interested in a career in the legal field? %%EOF 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. You can explore additional available newsletters here. system. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). 13. 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. 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.
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