Contact your local cable provider for channel information. 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. (this link has information about court calendars for different locations around the state). in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer each argument week, the Court also makes the audio of the weeks arguments available. 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. languages, cultures, history, politics, art, governments and corporations. 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. 21-002 MEMORANDUM OPINION AND JUDGMENT* No. 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. Kevin Dietsch/Getty Images. The court overruled his objection, holding that the presumption could be raised at any point. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. The arguments are an opportunity for the Justices to ask questions directly of the attorneys [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. Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. 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 . (2) Preparation at Public Expense. Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. Program (ANIROP), Recruitment and Retention of 13. Anchorage, AK - Today the Alaska Supreme Court will hear oral arguments by Liberty Counsel on behalf of several churches seeking to defend a lawsuit brought by the ACLU that challenges certain tax exemptions. 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. 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. Krogman's counsel did not question him about domestic violence or substance abuse. style. endstream endobj 376 0 obj <>/Metadata 72 0 R/Pages 71 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 377 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 378 0 obj [146 0 R] endobj 379 0 obj <> endobj 380 0 obj <>stream It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. 3. Anchorage Campus, Alaska Native Studies Under the Alaska Constitution, the supreme court establishes rules for the administration of all courts in the state and for practice and procedure in civil and criminal cases. 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. Their only child was born in 2011. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. Current MO&Js are also available on the Alaska Court System website. 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.. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. See what's If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. MARIAH B., Supreme Court No. Shortly before trial both parties filed trial briefs. Please disregard any stray or handwritten markings on these copies. 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. This site is protected by reCAPTCHA and the Google. The written findings of fact and conclusions of law recited almost verbatim its oral decision except that the court had calculated the precise amount of the equalization payment to $73,266.29.3. Alaska legislators apologize after breaking COVID rules by bringing friends for ping-pong, basketball at Capitol gym, Alaska sues PFAS makers as lawmakers seek broader action from regulators, Army grounds aviators for training after fatal crashes in Alaska and Kentucky, How do electric vehicles perform in Alaska? UAA strives to make its online experiences accessible. Jury Service [1], The court originally consisted of two associate justices and a chief justice. She also testified that Burns-Marshall had substance abuse issues throughout their relationship. Alaska Public Media 2023. They separated in October 2016 and shared custody of the child. 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 Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. Counseling Center, Alaska Native Studies 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. KTOO. 0000001742 00000 n 1. for available lectures. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Sign up for our free summaries and get the latest delivered directly to you. The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. 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. The Alaska Supreme Court consists of five justices. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). (b) Preparation of Transcript. %PDF-1.7 % On the Friday of 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. 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. 40 Years in Corrections: Are We Going Forward or Backward? Inclusion, Excellence Through Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. homelands of the Denaina, Ahtna, Alutiiq/Sugpiaq, and Eyak/dAXunhyuu Peoples. Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. The public is welcome to attend appellate court oral arguments in person. the instructor in Trial and Advanced Litigation Processes. Supreme Court Bar. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. be filed in court. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . this through requiring students to prepare for and participate in two hands on activitiesan On the afternoon of each argument, the Court posts transcripts of that days arguments. hbbrf`b``3 uz I know that students get nervous standing in front of a real judge and having to 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). Indigenous and Rural hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r 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. 0000005682 00000 n (ANSEP), Alaska Cf. Stay up-to-date with how the law affects your life. Podcasts. for all of their hard work," Fortson says. 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. 0000001252 00000 n The assignment prepares students to be able to transfer those skills to legal research THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . "Public speaking and critical thinking skills are important not just in the legal At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. S. Henderson. 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. The Court holds oral argument in about 70-80 cases each year. On days when the Court is not in session, the building will be open to the public from 9:00 a.m. to 3:00 p.m., excluding weekends and federal holidays. Outreach Program (ANIROP), Recruitment and Retention of Cf. "Students really appreciate appearing before an actual judge and receiving feedback. In the suit, civil rights groups are challenging the Alaska state. 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. 197 0 obj <>stream Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! KTOO News Update. Legal Notices The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. See each location below for the specific Meeting ID you need to connect into the courtroom. P. 505. The reason the State urged the adop-tion of the lower standard was because, "based on the Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. (Mother) v. State of Alaska DHSS, OCS, Estate of Molly Parks v. Petersburg Borough, William Chris Allen, & State of Alaska (Unpublished), AAA Concrete Construction, Inc. v. Richard Humphrey, Richard Humphrey v. Michael L. Mitchell and AAA Concrete Construction, Inc. (Unpublished), Hajjah Din f/k/a Raymond Leahy v. Earl Houser and James Duncan (Unpublished), Mark N. Wayson v. William E. Stevenson (Unpublished), Zachary Bryant McCann v. Jennifer Whitney McCann (Unpublished). The following is a list of conference line numbers for each judge. They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. The Anchorage property was solely in Burns-Marshall's name. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. If you have any questions, please contact the court at (907) 772-3824 and hit 0 or send an email to 1PEmailbox@akcourts.gov, If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. Southcentral Alaska. 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. Accessibility policy and how to provide feedback. 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' Through 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. open to the public. The thrust of their argument was that a 1976 constitutional amendment creating the Alaska Permanent Fund gave the legislature constitutional authority to pass laws dedicating use of Permanent Fund income without need for annual appropriations and, therefore, not subject to annual gubernatorial veto. The husband appeals the denial of his motion to reopen the evidence and the property division. Alaska Supreme Court, Opinion No. assignment, students are expected to produce a document that looks like one that would 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. The superior court made oral findings on April 27. 0000001852 00000 n The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. defend their briefs, but my hope is that the exercise gives them confidence in their 15. I was very pleased to learn that on Friday, the [Alaska] Supreme Court reaffirmed the Constitution, that its not constitutional for the legislature to try just, by legislation, overcome a promise in the Constitution, said Peter Metcalfe of Juneau, who brought the suit. A. ORAL ARGUMENTS. Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. The parties filed a number of pretrial motions. Supreme Court No. Minor, Alaska Native Science and Engineering Program Matt Miller is a reporter at KTOO in Juneau. 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. You're all set! Learn more about our Accessibility policy and how to provide feedback. All hearings continue to be telephonic only. Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. B. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. Following briefing the superior court held oral argument in April 2021. . Diversity and Inclusion, Community In 2005, the Legislature shut all of that down. %PDF-1.6 % 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. They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. Original story Oral argument will be held on Monday, October 12, 2020 at 1:30 PM in the State of Alaska v. Arctic Village. J?* h 9$XDvf`5@HE=K[4# . 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. 5. 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. Stay up-to-date with how the law affects your life. If you are unsure which number to call for your hearing, please contact the court at (907) 463-4700 and hit 0 or send an email to 1JUmailbox@akcourts.gov to verify. 2. UAA is a comprehensive, open access, public university established on the ancestral Burns-Marshall requested primary physical custody and shared legal custody. 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. After this initial election, each justice will go through another retention election every 10 years. research teams and collaborate with experienced faculty mentors. 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 . go to law school will benefit from taking Legal Studies courses," Fortson says. Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. 9. Two retired justices were brought in to hear it. Court System Information The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. Even if he had not done so, he could have asked for a continuance of the trial to conduct discovery when Krogman raised the issue, or he could have filed a timely motion to reopen the evidence following the court's application of the presumption against him. Are you interested in a career in the legal field? The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Metcalfes attorney, Mark Choate, said he remembers when lawmakers were debating the changes to the retirement program. The recordings are maintained at The National Archives and Records Administration. 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. Typically, xref ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. You're all set! Language Assistance Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. There is little likelihood that the appeals court will substantially change its view after oral arguments in the case. Once a justice has been selected, they will serve for at least three years, and then Alaska citizens will vote on whether the justice should be retained. The eight-year-old class action lawsuit was previously considered by thelower courts twice alreadyandtwice appealedto the Alaska Supreme Court. 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). draft a legal brief either supporting or opposing the motion. tickets to many games. UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and Alaska Supreme Court Oral Arguments Media Player Error Oral Arguments: Allen v. Phillips Petroleum, S-8690 Allen appeals a denial for compulsory unitization of two oil and gas leases. The public may watch proceedings on Gavel Alaska, but not attend in-person. 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. ALASKA COURT RULES 2 210 Record on Appeal. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to programs, which feature unique courses that train students to lead Alaska into the future. 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 decision provides a second chance for many as 78,000 Alaskans to get back into the states coveted and most generous retirement plan. 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. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. 0000011006 00000 n Wrangell customer service is modified to be appointment only. The trial took place over 4 days in April 2017. social sciences. Supreme Court Oral Argument Calendar May 2023 Anchorage, Boney Courthouse Case Name Date Time Minutes Case# Per Side S18050 Hospitalization of K.K. Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. endstream endobj startxref %%EOF This assignment requires He argued that he would receive significantly less than 40% of the marital estate once the cost of selling the property was taken into account. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, along with a list of legal cases relevant to the motion. funding options. success and well-being. hb``` cb%L 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 . Krogman then called three surrebuttal witnesses. impactful careers. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college in front of a judge or jury. in the slideshow, students are provided a legal motion and a simple set of pleadings, The Court holds oral argument in about 70-80 cases each year. We disagree. All rights reserved. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. All rights reserved. October 11, 2022. own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream 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. Courtroom lectures are offered on a first-come, first-served basis. But he could have avoided such a surprise: he could have conducted discovery before trial. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach 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.