The 2022 Alaska State of the Judiciary is underway. Delivering his first State of the State is Chief Justice Daniel Winfree. He notes it may be his last given the age limits for the Alaska Supreme Court.
Winfree: I was one of the young ones 50 years ago criticizing the establishment and now I'm part of the establishment. I find myself wondering why we haven't made more progress.
Winfree is the first Alaska-born Supreme Court Chief Justice, has experienced all the political establishments and governors, the good and the bad.
"Alaska still stands."
Winfree: "We must never fail to respect to remain the integrity of the three branches of government."
(A particularly pointed line given Dunleavy's attack on the Judiciary's independence and the independence of the courts)
Winfree says Judges are people, too, but they strive to not be influenced by the politics or the prevailing public opinion.
"That is what the rule of law is all about. Our system of government will fail if judges rule in a litigant's favor because who that litigant is."
He reflects on the impact of the pandemic. He says that things changed in order to preserve and protect the public health but that priority hearings "never stopped."
He moves onto the issue of criminal jury trials, which have been on hold for much of the pandemic. He says "We couldn't have trials" while keeping people safe and also preserving the rights of everyone involved.
Winfree says the Delta and Omicron variants made restarting jury trials difficult. He says since January, they've had 25 criminal jury trials completed or in progress.
He says it's a pace that would actually be higher than pre-pandemic years.
(Also, I had jury duty last week but was not called.)
Winfree notes that the typical jury trial rate is only 2-3% with most ending in prosecution dismissal and plea bargains. He says that dismissals and plea bargains dropped tremendously during the pandemic.
Winfree says there's a general perception that the court is to blame for a backlog in child of need of aid cases. He says that's not the case from the people in the trenches, noting that agencies are overburdened.
"The court is always ready to hear priority cases."
Aside from the pandemic, Chief Justice Winfree talks about the other initiatives the court system is offering to Alaskans such as resources that help people navigate through the legal system and other self-help services.
Pivoting to the budget, Winfree talks about a request to respond and prepare for cyberattacks.
He notes that last year's cyberattack was identified quickly, minimizing damage and no personal information was leaked.
The court is also seeking funding to reopen the courts on Friday afternoons. They closed six years ago, saving $2M annually. It's been a sticking point with the Legislature, and he says they're looking for a measured return to the full work week.
We're getting the introductions to the other Alaska Supreme Court Justices.
Chief Justice Winfree references an Alaska Constitutional Convention resolution for its young people. I went to google it to find it in the meeting minutes of a 2006 legislative hearing quoted by precisely the person you'd expect:
Justice Winfree after reading off the above resolution: "So, to Alaska's children: Be concerned, be active, be involved in government. You, too, can be governor, a legislator or a judge, or a justice. Live your dreams and make Alaska and even better place."
He closed by saying that it has been a great honor to be able to speak to the Legislature and to serve Alaska.
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The House Military and Veterans' Affairs Committee is underway with its Oath Keepers Informational hearing. They're hosting the Anti-Defamation League's Center on Extremism and George Washington University's Program on Extremism.
Not exactly the best-attended hearing so far. None of the Republicans—who've so far voted in defense of Rep. David Eastman, a member of the Oath Keepers—are present currently.
First up is Alex Friedfeld, an investigative
researcher from the Anti-Defamation League's Center on Extremism.
He's going over the Oath Keepers' involvement in Jan. 6 and is explaining the deep state conspiracies fueling the militia movement, noting that anti-vax is a key part.
Some after-the-credits action in the House, Rep. Hopkins moves that the Sense of the House be adopted. There's a flurry of objections from Republicans so a pretty good guess about what it's about.
Rep. Kurka says it's "clearly engaging in personalities."
Followed by an at-ease.
Following the at-ease, House Speaker Stutes says his concerns are "duly noted" and refers the Sense of the House to the Military and Veterans Affairs Committee.
Which gets an objection from Eastman and another at-ease.
The House floor is underway. Anchorage Mayor Dave Bronson was in the gallery. Also Reps. Eastman and Kurka introduced a move-the-capitol-to-Willow bill that got tagged with three committees of referral.
First on the legislation agenda is Rep. Zulkosky's HB198, establishing Sept. 10 as Alaska Community Health Aide Appreciation Day. As introduction, she's talking about the importance of health aides provide care throughout the state.
Rep. Zulkosky said in her opening comments that Sept. 10 was picked because it was the first planning and advisory committee meeting in 1973.
But first, the House Education Committee is holding a hearing with the free/reduced tuition for essential workers bill. It's set to gavel out for the House floor session at 10 and resume at 330.
SB10 by Sen. Tom Begich passed out of the Senate last year on a 12-7 vote. He starts off by noting that the bill needs to be updated since it was written for last year.
He says providing these opportunities could be "potentially life-changing" for frontline workers.
Begich: "It's clear that there's been a wildly uneven recovery."
He says this could give frontline workers a "hand up as the dust settles." Then talks about some of the earning power of higher education and technical training.
Over in the Senate floor, they're working through amendments on Senate Bill 9. It's Senate President Peter Micciche's long-delayed alcohol law rewrite.
Amendment 1 was by Sen. Kiehl. It would've loosened the strict population limits the bill would place on tasting rooms (effectively closing many markets to any new entrants) but he says in the interest of trying to get this bill—which was first introduced in 2015—he withdraws it.
The trial over the Higher Education Investment Fund is underway. The case was brought by several University of Alaska students challenging Gov. Dunleavy's sweep of the fund set up by the #akleg to fund scholarships (and later WWAMI).
The main argument here, as I understand, is the original appropriation setting up the fund is still valid and therefore it's out of reach out of the constitutional budget reserve sweep.
Dunleavy argues it should be funded ad hoc each year, competing with other spending.
Former Attorney General Jahna Lindemuth is handling the oral arguments for the plaintiffs. She's outlining the legal argument that the funds have not lapsed.
She says it's the only one consistent with the plain language of the Alaska Constitution and precedent.