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 . They separated in October 2016 and shared custody of the child. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. 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. Tab/Window, Embracing Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . ) Supreme Court No. For the oral argument assignment, pictured Superior Court Judge Lybrand (See above note regarding. careers further, Fortson says. Language Assistance Retention of Alaska Natives into Nursing, Listen to podcasts of UAA Campus Bookstore presentations, Conversations about landlord tenant law in Alaska, Ingrid Johnson's newest publication explores victim-survivors reasons for not reporting to the police, Working in Institutional and Community Corrections, The Resurgence of Tribal Courts: A Tribal Judge's Perspective, Time to Legalize? Visit https://stream.akcourts.gov/. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . 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. State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic 0000007028 00000 n FAQs on how to participate in a Zoom Hearing/Meeting. Cruise Town. The three-minute line is temporarily Copyright 2023, Thomson Reuters. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. 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 Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. The parties filed a number of pretrial motions. While the court's property division made it likely that Burns-Marshall would have to sell or liquidate some property to make the equalization payment to Krogman, the sale of the real property was not so certain as to require the court to consider the consequences of its sale.15 Under these circumstances, it was not an abuse of discretion to award Burns-Marshall the property without considering the costs of sale.16. 0000000771 00000 n 5. %%EOF You're all set! Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and The Alaska Department of Natural, Justia Opinion Summary: Mother Miranda T. appealed the superior courts entry of a disposition order in child in need of aid (CINA) proceedings. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, 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. The trial took place over 4 days in April 2017. R.L.B., 979 P.2d 514 (Alaska 1999). "Students really appreciate appearing before an actual judge and receiving feedback. The Court holds oral argument in about 70-80 cases each year. each argument week, the Court also makes the audio of the weeks arguments available. impactful careers. 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. Calendars Accessibility policy and how to provide feedback. for all of their hard work," Fortson says. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 0000002656 00000 n ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. Hearings will no longer be streamed on YouTube. trailer Innovation, Excellence The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. 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. 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. 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. Tools, Research programs, which feature unique courses that train students to lead Alaska into the future. 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.. 0000003205 00000 n The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. We disagree. Explore the wide variety of services and resources available at UAA to help promote your Alaska Natives into Nursing (RRANN), Recruitment The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. 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. 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. This site is protected by reCAPTCHA and the Google. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. 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. Search Cases, Glossaries / Legal Terms Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. 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 $55,000 she could earn after completing her nursing degree. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Wrangell customer service is modified to be appointment only. Anchorage Campus, Alaska Native Studies Compliance, Activities and Burns-Marshall argues that the superior court abused its discretion by denying his motion to reopen the trial record 47 days after its oral decision. Forms Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. For the written portion of the 0000006408 00000 n Teck American, Inc., et al. Krogman then called three surrebuttal witnesses. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well assignment, students are expected to produce a document that looks like one that would endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream But the hearing . The husband appeals the denial of his motion to reopen the evidence and the property division. 21-002 MEMORANDUM OPINION AND JUDGMENT* No. 14. Represent Yourself research teams and collaborate with experienced faculty mentors. oral argument in front of a judge on a legal brief written by the students, and a languages, cultures, history, politics, art, governments and corporations. social sciences. Alaska Supreme Court, Opinion No. You cant do this. J?* h 9$XDvf`5@HE=K[4# . 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. 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. Also see FAQs on how to participate in a Zoom Hearing/Meeting. Mr. Guarnieri. (2) Preparation at Public Expense. "Public speaking and critical thinking skills are important not just in the legal Krogman worked at various jobs during the marriage. This assignment requires In 2005, the Legislature shut all of that down. 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). Trial and Advanced Litigation Processes (LEGL A487) embraces After this initial election, each justice will go through another retention election every 10 years. 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. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. Contact Us I know that students get nervous standing in front of a real judge and having to P. 505. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. 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. - Opens in New Supreme Court Oral Argument Calendar May 2023 Anchorage, Boney Courthouse Case Name Date Time Minutes Case# Per Side S18050 Hospitalization of K.K. v. Valhalla Mining, LLC, et al. Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, Garden Talk. The U.S. Supreme Court has ruled in favor of police officers in two cases involving qualified immunity, the controversial legal doctrine that protects police officers . Students are required to 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. Indigenous and Rural Legal Notices 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. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. You can explore additional available newsletters here. 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. draft a legal brief either supporting or opposing the motion. (4) Time for Completion. success and well-being. Even students who do not want to become paralegals or The court overruled his objection, holding that the presumption could be raised at any point. Contact us. Jury Service This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Students must then argue One current and two former legislators later sued to effectively set aside the governors veto. PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. AVCG sought the States approval to create overriding royalty interests on the leases. along with a list of legal cases relevant to the motion. S. Henderson. 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. as hosting community events and concerts. 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. 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 . 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. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to And maybe, nobody would do anything about it.. 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. 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). Diversity and Inclusion, Community 0000001852 00000 n excel in athletics at every level. 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. KTOO News Update. tickets to many games. 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 practice of law is always geared in one way or another toward making arguments The following is a list of conference line numbers for each judge. See what's 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. this through requiring students to prepare for and participate in two hands on activitiesan The email address cannot be subscribed. 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. Contact us. Outreach Program (ANIROP), Recruitment and Retention of All rights reserved. This new classroom will expand the reach of the Legal Studies program into Cf. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. go to law school will benefit from taking Legal Studies courses," Fortson says. Supreme Court Nos. College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native 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.. 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))). Where culture, innovation and adventure converge, the unique 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. %PDF-1.6 % 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. 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))). Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. 11. 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. the instructor in Trial and Advanced Litigation Processes. The 5th Circuit Court of Appeals then partially blocked . 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. [1], The court originally consisted of two associate justices and a chief justice. Although the superior court did not reach this question, the courts ultimate conclusion nevertheless was correct: the legislatures use of Permanent Fund income is subject to normal appropriation and veto budgetary processes. 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. 40 Years in Corrections: Are We Going Forward or Backward? 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 Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. 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. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. UAA strives to make its online experiences accessible. 1916 - August 31, 2022 Appeal from the . 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. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. The Anchorage property was solely in Burns-Marshall's name. Its contrary to the Constitution, Choate recalled. ALASKA COURT RULES 2 210 Record on Appeal. 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. Learn more about UA's notice of nondiscrimination. A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . Oral arguments this semester took place xref 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: 0000011006 00000 n Minor, Alaska Native Science and Engineering Program S-18314 ) ) ) Superior Court No. Careers 0000005682 00000 n It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. 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. by Ahliil Saitanan | Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. When possible, students travel to a judges courtroom Native Studies - Anchorage, Alaska Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. Copyright 2023, Thomson Reuters. funding options. (a)Oral Argument; Requests for Oral Argument. 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.". 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. Contact your local cable provider for channel information. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. 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. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. Through The public is welcome to attend appellate court oral arguments in person. 0000003828 00000 n Their only child was born in 2011. 2. Docket Search; Orders of the Court; . Request Copies Site Index own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court 0000005078 00000 n 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. 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. Burns-Marshall requested primary physical custody and shared legal custody. 13. v. Alaska, Division of Elections. Integrity & 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. 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. Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. 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. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. In the suit, civil rights groups are challenging the Alaska state. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Sitka. 375 0 obj <> endobj (e)Oral Argument. 8. Krogman's counsel did not question him about domestic violence or substance abuse. Studies - Kodiak, Alaska Native Business Management academic and personal 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. and other impacts were raised during oral argument. 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. 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. Programs, Info for Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). See each location below for the specific Meeting ID you need to connect into the courtroom. : S-18170: LANCE PRUITT v. ) ) ) ) ) ) ) ) ) Supreme Court No. We disagree. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The following is a list of conference line numbers for each judge. 3AN-17-05729 CI ) MEMORANDUM OPINION ) AND JUDGMENT* 0000001068 00000 n %%EOF October 11, 2022. Furthermore, the superior court is only required to consider the cost of sale of awarded property in a property division when the sale is certain and the direct result of the property division.14 Here the court acknowledged that Burns-Marshall could decide whether to sell or keep the properties, even though it recognized that Burns-Marshall would likely have to sell or liquidate some assets to make the equalization payment. 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.
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