Its contrary to the Constitution, Choate recalled. 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. field, but in everyday life. The Court holds oral argument in about 70-80 cases each year. 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. for all of their hard work," Fortson says. (ANSEP), Alaska in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer ) Supreme Court No. We disagree. 397 0 obj <>stream This site is protected by reCAPTCHA and the Google. Curious Juneau. 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. 0000005682 00000 n 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. 0000005790 00000 n open to the public. Courts yearly calendar. defend their briefs, but my hope is that the exercise gives them confidence in their 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. 0000004965 00000 n 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. The Court holds oral argument in about 70-80 cases each year. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). 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 specific cases to be argued each day, and the attorneys scheduled to 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. The Court began audio recording oral arguments in 1955. Students thus learn proper document formatting and legal writing Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. They separated in October 2016 and shared custody of the child. %%EOF Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. 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 opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. Anchorage Campus, Alaska Native Studies 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. homelands of the Denaina, Ahtna, Alutiiq/Sugpiaq, and Eyak/dAXunhyuu Peoples. UAA offers more than 100 degree and certificate programs that consistently prepare students for success after The five supreme court justices, by majority vote, select one of their members to be the chief justice. 0000012321 00000 n 0000000771 00000 n The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) Supreme Court No. their brief in front of an actual judge. Wright v. Black, 856 P.2d 477, 480 (Alaska 1993) (concluding that appellant had waived right to object to his lack of notice that paternity would be at issue at child support modification hearing because he failed to object when the master announced at the beginning of the hearing that he would resolve the paternity issue, asked if anyone had a problem with his taking testimony on both issues, [and] directed his questions to the paternity issue), overruled on other grounds by B.E.B. 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 . All rights reserved. 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. go to law school will benefit from taking Legal Studies courses," Fortson says. The Alaska Supreme Court consists of five justices. Inclusion, Excellence Through The supreme court has final state appellate jurisdiction in both civil and criminal law matters. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) and 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. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. Other matters that the Alaska Supreme Court may review include non-final decisions by lower courts in civil and criminal cases, attorney disciplinary issues, and state law questions that arise in a case in a federal court. recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and 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 Visitors may view ground floor exhibits and portions of the first floor on a self-guided basis. The Alaska Supreme Court must review any appeal of a civil case in an Alaska Superior Court or a decision made by an administrative agency. One current and two former legislators later sued to effectively set aside the governors veto. 375 0 obj <> endobj (e)Oral Argument. 0 Two retired justices were brought in to hear it. (5) Filing and Distribution. She argued the superior court erred by relying on a cursory report from. xref In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). 197 0 obj <>stream They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. Trial and Advanced Litigation Processes (LEGL A487) embraces | Alaska Insight, Litter of wolverine kits brings adorable triple threat to Alaska Zoo. and other impacts were raised during oral argument. 1916 - August 31, 2022 Appeal from the . 0000003205 00000 n S. Henderson. The assignment prepares students to be able to transfer those skills to legal research Explore the wide variety of services and resources available at UAA to help promote your system. Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. 11. hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. 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. 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. P. 505. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. Following briefing the superior court held oral argument in April 2021. . Contact Us 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. 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. The Anchorage property was solely in Burns-Marshall's name. Cases are browsable by date and searchable by docket number, case title, and full text. 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. 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. 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. Legal Notices They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> 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. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. Integrity & She also testified that Burns-Marshall had substance abuse issues throughout their relationship. 4. You're all set! 1742 . scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. 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. Because it found that Burns-Marshall had engaged in a pattern of domestic violence but that Krogman had not, the court applied the domestic violence presumption and awarded Krogman sole legal and primary physical custody. 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. But the hearing . ability to think through and explain the law, says associate professor Ryan Fortson, 0000011006 00000 n [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. The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. 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. trailer At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. Stay up-to-date with how the law affects your life. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. 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. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. 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. 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 . In the suit, civil rights groups are challenging the Alaska state. Programs, Info for Superior Court Judge Lybrand (See above note regarding. 2021 University of Alaska Anchorage UA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual. We review a superior court's ruling on a party's request to reopen evidence for abuse of discretion.4, The valuation of property is a question of fact and is reviewed for clear error.5 The superior court's ultimate distribution of assets is reviewed for abuse of discretion, and will be reversed only if the distribution is clearly unjust.6. You already receive all suggested Justia Opinion Summary Newsletters. FAQs on how to participate in a Zoom Hearing/Meeting. 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. 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 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. 0000001852 00000 n Supreme Court Bar. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. Forms The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. Jury Service Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. %PDF-1.6 % Language Assistance 0000002656 00000 n The court denied his motion. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. 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' Learn more about the, Want to know what course we're offering for the current and next semester? It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. 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. "Students really appreciate appearing before an actual judge and receiving feedback. Their only child was born in 2011. The appointed justice must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each justice must participate in another retention election every ten years. for oral argument, but in the near future, the Legal Studies program will have its each argument week, the Court also makes the audio of the weeks arguments available. Native Studies - Anchorage, Alaska TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. languages, cultures, history, politics, art, governments and corporations. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. Important Note: District Court criminal cases are often scheduled before multiple Judges; most frequently Judges Pickrell, Lybrand, and Schulz. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. 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. 0 5. impactful careers. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . Shortly before trial both parties filed trial briefs. funding options. 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 court accepted the parties stipulated values for their real property ($130,000 for the Anchorage condo and $120,000 for the Homer lot) and awarded both of the properties to Burns-Marshall. The reason the State urged the adop-tion of the lower standard was because, "based on the Cf. 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. Sign up for our free summaries and get the latest delivered directly to you. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. The three-minute line is temporarily 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. Tab/Window, - Opens in New It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Contact us. 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. Contact your local cable provider for channel information. 9. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. v. Restitution Collection, Accessibility 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. But that wasnt the point. to the public on a first-come, first seated basis. 0000006408 00000 n Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. 14. 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. 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. (this link has information about court calendars for different locations around the state). The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. simulated trial with examination of witnesses. Careers The following is a list of conference line numbers for each judge. PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. Visit https://stream.akcourts.gov/. (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. : S-18170: LANCE PRUITT v. 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. All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. 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.). S-17323 Superior Court No. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. Wrangell customer service is modified to be appointment only. The court denied the motion for reconsideration. 16. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). Because we find that the court did not abuse its discretion in denying Burns-Marshall's motion to present additional evidence we do not reach his due process argument. Arguments are generally See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. 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 high court's order halts a decision from Texas-based U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump who earlier this month ruled against the FDA's 2000 approval of mifepristone, in response to a lawsuit brought by right-wing activists ultimately aiming to end abortion care nationwide.. When possible, students travel to a judges courtroom Southcentral Alaska.