NCJ Number
46872
Date Published
1978
Length
21 pages
Annotation
PROBLEMS AND IMPROVEMENTS IN THE ALASKA JUDICIARY DURING 1977 ARE REVIEWED, AND RECOMMENDATIONS FOR THE FUTURE ARE MADE. A REVIEW OF IMPORTANT JUDICIAL DECISIONS DURING THE YEAR IS ALSO INCLUDED.
Abstract
A MAJOR PROBLEM FACED BY THE ALASKAN JUDICIARY DURING 1977 HAS BEEN STEADILY INCREASING CASELOADS. WHILE THE LOWER COURTS HAVE, THROUGH HARD WORK AND INCREASED EFFICIENCY, BEEN ABLE TO KEEP UP WITH DEMANDS AND IMPROVE CASE DISPOSITIONS TO A RATE ABOVE THAT OF CASE INCREASES, THE SUPREME COURT IS FACING A CRISIS, LARGELY DUE TO THE TREMENDOUS NUMBER OF APPEALS WHICH MUST BE HEARD PLUS ITS ADMINISTRATIVE RESPONSIBILITIES FOR THE ENTIRE COURT SYSTEM. IT IS SUGGESTED THAT THIS WORK OVERLOAD COULD BE ALLEVIATED THROUGH A NUMBER OF METHODS: ESTABLISHMENT OF A FULL APPELLATE COURT, A THREE-MEMBER CRIMINAL COURT OF APPEALS, OR AN APPELLATE DIVISION OF THE SUPERIOR COURT TO HEAR INTERMEDIATE APPEALS. MAJOR COURT DECISIONS IN ALASKA DURING THE YEAR PERTAINED TO EQUAL RIGHTS OF WOMEN, SEARCH OF COMMERCIAL PROPERTY, NARCOTIC STATUS OF COCAINE, BAIL, BONDS, PATIENT CONFIDENTIALITY, AND RESIDENCY WORK REQUIREMENTS. IMPROVEMENTS INCLUDE BETTER JURY MANAGEMENT, COMPILATION OF A BENCHBOOK FOR JUDGES, ADOPTION OF A CODE OF EVIDENCE, IMPROVED COURT COORDINATION AND COMMUNICATION FOR RURAL AREAS, AND THE ADDITION OF NEEDED FACILITIES. AN INCREASE IN JUDICIAL SALARIES, PASSAGE OF A PENDING PRESUMPTIVE SENTENCING PROVISION AND ITS ASSOCIATED RESOLUTION FOR THE ESTABLISHMENT OF SENTENCING GUIDELINES, AND ACTION ON A MONUMENTAL REVISION OF THE CRIMINAL CODE ARE URGED. IT IS SUGGESTED THAT VOTER SELECTION OF JUDGES INVOLVES A GREAT MANY PROBLEMS AND THAT THE PRESENT SYSTEM FOR SELECTION OF JUDGES NOT BE CHANGED. FINALLY, THE IMPORTANCE OF THE JUDICIARY IN THE MAINTENANCE OF A DEMOCRATIC SYSTEM OF GOVERNMENT AND THE VALUE OF A SEPARATION OF POWERS ALONG GOVERNMENTAL BRANCHES ARE DISCUSSED. (JAP)