In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). 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. Compliance, Activities and Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. 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. 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. S-18026 Superior Court No. The superior court made oral findings on April 27. the local legal community, and within UAA, the hope is that the presence of a simulated 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. In her testimony Krogman criticized Burns-Marshall's parenting, alleging that he did not take care of their child's hygiene or safety, made homophobic and racist comments in front of the child, and did not support her relationship with the child. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . 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. Krogman's counsel did not question him about domestic violence or substance abuse. The following is a list of conference line numbers for each judge. UAA offers more than 100 degree and certificate programs that consistently prepare students for success after THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) homelands of the Denaina, Ahtna, Alutiiq/Sugpiaq, and Eyak/dAXunhyuu Peoples. 1742 . The days on which arguments are held are identified on the 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. They owned a condominium in Anchorage and a vacant lot in Homer. 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. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r each argument week, the Court also makes the audio of the weeks arguments available. But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. 0000003205 00000 n tickets to many games. Contact us. ALASKA COURT RULES 2 210 Record on Appeal. At the time of trial she was enrolled in a nursing program at an Arizona university. Alaska Natives into Nursing (RRANN). Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! 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. Indigenous and Rural 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. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. Alaska Public Media 2023. 40 Years in Corrections: Are We Going Forward or Backward? The court ordered Burns-Marshall to make an equalization payment to Krogman. 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. Legal Notices 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. When The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. Where culture, innovation and adventure converge, the unique v. Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). 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.). Minor, Alaska Native Science and Engineering Program They separated in October 2016 and shared custody of the child. 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. simulated trial with examination of witnesses. %%EOF 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. Language Assistance Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). AVCG sought the States approval to create overriding royalty interests on the leases. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . The court also found the incident where Krogman threw a picture frame at Burns-Marshall to be an incident of domestic violence but did not find that Krogman had committed any other domestic violence. in front of a judge or jury. to the public on a first-come, first seated basis. v. Valhalla Mining, LLC, et al. Appellee. ) in the slideshow, students are provided a legal motion and a simple set of pleadings, 0000008355 00000 n 0 Courtroom seating is available Tollefsen, 981 P.2d at 572; cf. (1) Designation of Parts of Record to be Transcribed. If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. funding options. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. The Court began audio recording oral arguments in 1955. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. oral argument in front of a judge on a legal brief written by the students, and a This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Studies - Kodiak, Alaska Native Business Management A weekly Alaska news email from KTOO. Contact us. 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. Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. 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. 14. 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. 5. The five supreme court justices, by majority vote, select one of their members to be the chief justice. 15. Sitka. 397 0 obj <>stream The 5th Circuit Court of Appeals then partially blocked . go to law school will benefit from taking Legal Studies courses," Fortson says. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. It ordered Burns-Marshall to obtain a substance abuse assessment and comply with its recommendations, as well as to complete a domestic violence intervention program. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. A justice must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. Innovation, Excellence | Alaska Insight, Litter of wolverine kits brings adorable triple threat to Alaska Zoo. In 2005, the Legislature shut all of that down. Stay up-to-date with how the law affects your life. MARIAH B., Supreme Court No. 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. xref S. Henderson. 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. See Kollander v. Kollander, 400 P.3d 91, 94 n.3 (Alaska 2017) (Because [appellant] addresses these issues only cursorily and does not cite to authority for either argument, we consider them waived.). Following briefing the superior court held oral argument in April 2021. . The court found that Burns-Marshall had an earning capacity of more than $100,000 per year, while Krogman's current earning capacity was around $15,000 per year and would likely be $50,000 to $55,000 per year after she obtained her nursing degree. The husband appeals the denial of his motion to reopen the evidence and the property division. Alaska Natives into Nursing (RRANN), Recruitment 0000002547 00000 n The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. October 11, 2022. and other impacts were raised during oral argument. 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 $7,500 plus statutory interest. Conference line (toll free): 1-888-788-0099 The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. After more than three hours of oral arguments in a single case last week, Supreme Court Chief Justice John Roberts uttered the traditional closer, "The case is submitted.". Retirement", https://en.wikipedia.org/w/index.php?title=Alaska_Supreme_Court&oldid=1147278660, This page was last edited on 29 March 2023, at 22:25. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. along with a list of legal cases relevant to the motion. In this photo taken in February 2015, Alaska Supreme Court Justice Daniel Winfree and Chief Justice Dana Fabe listen to oral arguments in Peter Metcalfe vs. State of Alaska during the first time . HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. ability to think through and explain the law, says associate professor Ryan Fortson, After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. KTOO. (1) In expedited election appeals under Rule 216.5, oral argument will automatically be held unless it is affirmatively waived under Rule 216.5 (g). But the hearing . You're all set! The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. here to help you have an Learn more about the, Want to know what course we're offering for the current and next semester? 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. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. 0000004380 00000 n 12. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. 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. Students really appreciate appearing before an actual judge and receiving feedback. own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Courtroom lectures are offered on a first-come, first-served basis. 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?" graduation. The trial took place over 4 days in April 2017. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. Explore the wide variety of services and resources available at UAA to help promote your %PDF-1.7 % research teams and collaborate with experienced faculty mentors. 1916 - August 31, 2022 Appeal from the . 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. as hosting community events and concerts. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. 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. 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. 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. endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream 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? The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. Counseling Center, Alaska Native Studies All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . 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. All rights reserved. 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. Teck American, Inc., et al. Anchorage Campus, Alaska Native Studies Yakutat customer service is modified to be appointment only. See each location below for the specific Meeting ID you need to connect into the courtroom. Please try again. The practice of law is always geared in one way or another toward making arguments Learn more about our Accessibility policy and how to provide feedback. Cruise Town. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. Garden Talk. Arguments are generally You already receive all suggested Justia Opinion Summary Newsletters. 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 following is a list of conference line numbers for each judge. She also testified that Burns-Marshall had substance abuse issues throughout their relationship. %PDF-1.6 % UAA is a comprehensive, open access, public university established on the ancestral Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. 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. Conference line (toll free): 1-888-788-0099. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. 9. Students can take advantage of cheering for SeawolfNation with free Also see FAQs on how to participate in a Zoom Hearing/Meeting.
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