alaska supreme court oral argument

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. Sale of either property and payment of costs associated with the sale would not defeat the court's intent to award Krogman a greater portion of the marital estate because of her significantly smaller earning capacity. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. All podcasts. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). The court denied the motion for reconsideration. The court denied the motion for reconsideration. 0000004380 00000 n Krogman opposed, arguing that Burns-Marshall was not required to sell either property. Mr. Guarnieri. 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. 0000001068 00000 n 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. For a broadcast schedule, to view oral arguments live as they occur, or to view archived videos of oral arguments before the Alaska Supreme Court, visit the Gavel . Wrangell customer service is modified to be appointment only. Students can take advantage of cheering for SeawolfNation with free See each location below for the specific Meeting ID you need to connect into the courtroom. Alaska. ability to think through and explain the law, says associate professor Ryan Fortson, S-18306 Alaska Workers' Compensation Appeals Commission No. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. style. Also see FAQs on how to participate in a Zoom Hearing/Meeting. amazing university experience. (1) Designation of Parts of Record to be Transcribed. 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. Oral arguments this semester took place For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. The superior court made oral findings on April 27. students to explore in depth a complicated legal issue and really examine how legal 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. 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 superior court found no good cause to reopen the trial record and denied the motion. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). 375 23 From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to 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. P. 505. excel in athletics at every level. A justice can be removed by being impeached by two-thirds of the Alaska Senate and convicted by two-thirds of the Alaska House of Representatives. 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))). 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. 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. Jury Service The ruling struck down as unconstitutional a newly enacted law prohibiting all marijuana possession, holding that the privacy protections afforded by the Alaska constitution protect adults who possess marijuana in their homes. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . careers further, Fortson says. Outreach Program (ANIROP), Recruitment and Retention of ORAL ARGUMENTS. On the afternoon of each argument, the Court posts transcripts of that days arguments. 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. This site is protected by reCAPTCHA and the Google. 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. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. During the Supreme Court oral arguments about armative action in October 2022, Justice Elena Kagan asked, "[I]f you're a hospital and you serve a diverse group of patients, is it super important to you to have a diverse set of doctors?" Its 42-page preliminary order is based, in part, on the Comstock Act , a law . Sarah D. v. John D., 352 P.3d 419, 430 (Alaska 2015) (Under AS 25.24.150(g) superior courts must consider alleged incidents of domestic violence. (quoting Parks v. Parks, 214 P.3d 295, 302 (Alaska 2009) (per curiam))). in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. 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 . Minor, Alaska Native Science and Engineering Program 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. Cases are browsable by date and searchable by docket number, case title, and full text. Language Assistance Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. A. Stay up-to-date with how the law affects your life. In a February motion to set a trial date Krogman characterized the divorce as a routine relocation custody case and a simple property case; she stated both issues would be very straightforward and easy to prepare for and address at trial.. They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. Stay up-to-date with how the law affects your life. (3) Preparation Not at Public Expense. system. 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). Choate said the decision applies to any former employee who cashed out and has yet to return to work and those who already returned to work under a less-generous retirement plan. The specific cases to be argued each day, and the attorneys scheduled to The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. In nearly every discipline, undergraduate and graduate students have the opportunity to join hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( 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. 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). (7) Form of Transcript. 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 chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. 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 three-minute line is temporarily See what's arguments are constructed.. hbbrf`b``3 uz Southcentral Alaska. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. You can explore additional available newsletters here. 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. Integrity & The trial took place over 4 days in April 2017. Shows & Podcasts. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . ALASKA COURT RULES 2 210 Record on Appeal. the local legal community, and within UAA, the hope is that the presence of a simulated The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. Tab/Window, - Opens in New 14. (e)Oral Argument. The court prefers to hear oral arguments in the city where the case was heard in the trial court. 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. Cruise Town. 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. 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. Cf. ) ) ) ) ) ) ) ) ) Supreme Court No. Burns-Marshall called five rebuttal witnesses who testified that Krogman had never told them that Burns-Marshall committed domestic violence or had a substance abuse problem. 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. 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. Counseling Center, Alaska Native Studies (this link has information about court calendars for different locations around the state). Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. 0000001852 00000 n 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. 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 ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) 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. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). (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. Diversity and Inclusion, Community Krogman opposed, arguing that Burns-Marshall had waived any right to reopen discovery and that he had actual and constructive notice of the allegations of substance abuse and domestic violence. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. Alaska Natives into Nursing (RRANN), Recruitment S-18082/18101 Created Date: 0000001715 00000 n The Court holds oral argument in about 70-80 cases each year. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. A weekly Alaska news email from KTOO. 8. 9. research teams and collaborate with experienced faculty mentors. 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. They separated in October 2016 and shared custody of the child. Alaska R. App. Krogman argued that she should have sole legal and exclusive physical custody, and alleged that Burns-Marshall did not care for the child's basic needs. 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 . S-18026 Superior Court No. Forms 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. Typically, 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. Cf. If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. 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. The public is welcome to attend appellate court oral arguments in person. And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. "Public speaking and critical thinking skills are important not just in the legal The court divided the property 60/40 in Krogman's favor because of the disparity in the parties earning capacity and because she would no longer have health insurance through Burns-Marshall's job. 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 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. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. Pay Online 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. success and well-being. (6) Costs. each argument week, the Court also makes the audio of the weeks arguments available. 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.. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) Are you interested in a career in the legal field? 5. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Anchorage Campus, Alaska Native Studies 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. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. 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. hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! 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. [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.
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alaska supreme court oral argument 2023