The Trump administration released its final plan to open up land for oil and gas drilling in the National Petroleum Reserve-Alaska. The plan covers 18.6 million acres in the reserve, closing 4 million acres to oil and gas drilling, according to the Bureau of Land Management.
“This action is a significant achievement in delivering on our commitment to provide energy for America, from America,” Principal Deputy Assistant Secretary Casey Hammond said in theBLM statement. “With this decision, we are expanding access to our nation’s great energy potential and providing for economic opportunities and job creation for both Alaska Natives and our nation.”
President Trump promised to make America energy dominant, including opening up important areas of Alaska that environmentalists have kept locked away for decades, such as the coastal plain of the Arctic National Wildlife Refuge.
A consortium of of environmentalist groups led by Earthjustice lawyers on Monday asked Alaska Federal District Court Judge Sharon Gleason to stop the lease sale in the refuge, which is scheduled for Wednesday, Jan. 6, at 10 am.
Gleason has said she would issue her decision by the end of Tuesday. An attorney for the federal government called the damage that the environmentalists claim will occur in ANWR are purely speculative and hypothetical.
The entire hearing was done telephonically, due to pandemic controls in the court system. Gleason has, in the past, given into environmental group’s demands and has ruled against Alaska’s resource economy on multiple occasions.
In 2019, she overturned Trump’s attempt to open vast areas of the Arctic and Atlantic oceans to oil and gas leasing, ruling to put back President Barack Obama’s policy that made the Chukchi Sea, part of the Beaufort Sea and a large swath of Atlantic Ocean off the U.S. East Coast off-limit to oil leasing.
A comprehensive review of the Alaska Public Defender’s Office staffing, caseloads, and budget is finished, and it shows that the burdens on the agency are within professional standards of others around the country, of about 145-154 cases per attorney. The report was made public on the Department of Administration’s website last week.
In contradiction to what was claimed by the previous Public Defender, the agency is fulfilling its ethical and constitutional obligations, said the Department of Administration’s report, which noted that the attorneys worked an average of 40 hours per week, and the estimated time to complete a case is 13 hours. The 40-hours-per-week assessment was done before the agency was fully staffed.
Alaska’s former Public Defender, Quinlan Steiner, warned for two years that his legal staff was overburdened and needed vastly more resources, but that is not what the official report found. It has shown that resources had not been used efficiently in the agency.
Steiner stopped traveling to Juneau to testify before the Legislature and lobby for a bigger budget, notifying Rep. Matt Claman that his travel had been cut by the Dunleavy Administration and he could only testify by phone.
Claman, himself a lawyer who was House Judiciary Chairman at the time, said that phone testimony was not good enough. He would put similar restrictions on other members of the Dunleavy Administration. If Steiner could only testify by phone before his committee, then all the other Dunleavy appointees could only testify before his committee by phone, too. It was Claman and Steiner against the Dunleavy Administration.
The standoff took a budget-trimming decision by the Dunleavy Administration into a deeply political spat with Steiner stuck in the middle. Ultimately, Steiner abruptly left the administration.
Commissioner of Administration Kelly Tshibaka started a deep dive into the complaints that Steiner had made about the budget being too small for the mission.
The Public Defender is a judicial-council-appointed position and oversees an agency whose mission is to provide constitutionally mandated legal representation to indigent clients appointed by the court.
“We found it difficult to accurately determine the PDA’s attorneys’ caseloads because of numerous inconsistent reports from the PDA. However, we found the range of 145-154 weighted cases between FYs18-19 to be the most accurate,” the Department of Administration concluded. “These weighted caseload numbers are within professional standards and those of other states across the nation. The PDA, therefore, is fulfilling its ethical and constitutional obligations within prevailing professional standards.”
The report also said there was an increase of cases being assigned to the Public Defender, but then being referred by that agency to another agency — the Office of Public Advocacy.
Much of that referral issue arose due to two homicide cases involving juveniles — the murder of 19-year-old Cynthia Hoffman in June of 2019 at Thunderbird Falls in Eklutna, a case in which there are six mostly underage suspects; and the November, 2016 murder of 16-year-old David Grunwald in Palmer, where four teen assailants were involved.
The Office of Public Advocacy represents 9 of the 10 defendants in those cases.
The Department of Administration’s investigation said the number of cases sent to the Office of Public Advocacy from the Public Defender went from 2,813 to 4,224 between 2017 and 2019.
The transfers were due to conflicts that Public Defender lawyers had within their case loads, not because they had too many cases. The cases were not being assigned to attorneys in such a way that conflicts with other cases could be avoided.
“If the PDA cannot find ways to substantially reduce the conflict rate, it risks undermining its core mission of being the primary agency providing constitutionally mandated, court-appointed legal representation for indigent clients,” the Department’s report stated.
Between the two agencies, the reporting and logging of cases is handled differently, which makes it difficult to tell if the Public Defender is over counting its workload. It takes 25 percent credit for passing a file over to the Office of Public Advocacy.
“We found the PDA counts cases differently than OPA or the Alaska Court System. For example, the PDA counted more than 16,080 petitions to revoke probation and parole violations as new cases from FYs17-19, but OPA does not count these as cases,” the report said.
“It is difficult to use the PDA’s workload numbers in a way that’s effective for budgeting purposes,” the Department of Administration said.
The report concluded that the Public Defender has been budgeted for an appropriate number of attorneys for its caseloads under prevailing professional standards, but faces problems recruiting and retaining legal professionals.
“The PDA has experienced higher caseloads in offices where it has had staffing difficulties, particularly in regions outside of Anchorage.
“However, the PDA has been intentionally holding open 4-7 vacancies for several years, drawing from its personal services funds to pay for other expenses, like contractor services. This has intensified its staffing challenges, particularly in regional offices,” the report continued.
In the past 2 fiscal years, the Public Defender Agency has received nearly $2 million in additional appropriations, including 18 positions, most of which were funded in the Dunleavy Administration. The agency has a consistent rate of vacancies in its offices of over 8 percent, which is extra resource capacity that the report says the agency could use to handle cases in regional offices or provide more support staff for the attorneys.
State expenditures totaled approximately $27 million for the Public Defender Agency and $28 million for the Office of Public Advocacy.
For comparison, the Public Defender office in Vermont’s 2018 budget was about $18 million. Wyoming’s 2021 Public Defender budget is $27 million, even though its population is much smaller than Vermont’s. The comparisons are not purely an “apples to apples” situation since agencies and their missions are structured differently.
“The PDA has been resourced with more budget and staff positions than it is using effectively,” according to the report, which made 17 recommendations for ways the Public Defender Agency could increase efficiencies and use its budget more wisely.
Meanwhile, the new public defender-appointee has not yet been confirmed by the Legislature, which left Juneau last year without fulfilling its duty of confirming appointments. The Legislative Council is now suing the governor because he will not fire the appointees, such as Public Defender-designee Samantha Cherot.
The MV Kennicott was filled with legislative staffers and their vehicles and was supposed to leave at 6 pm Monday for Juneau, for the upcoming session, but is delayed for 26 hours. It will have to go to Cordova and then back to Whittier, and then head to Juneau. Evidently the waves and wind in the Gulf of Alaska are too strong for a crossing at this time.
Some legislative staffers stayed in a local hotel, others went back to Anchorage, and some just got on board the ferry and will ride it out.
Spotted in the boarding area at Whittier were Brian Webb (staff to Rep. Elect Mike Cronk, District 6), Konrad Jackson (staff to Sen. Peter Micciche, Senate Seat O) and Mary Jackson, (staff to Rep.-elect Tom McKay). Also Rep. Harriet Drummond and her husband Elstun Lausen, Heath Hilyard (staff to Rep. Cathy Tilton), Steve St. Clair (Tilton) and Abby St. Clair (staff to Rep. George Rauscher).
Legislators spotted dropping off vehicles included Rep. Sara Rasmussen, Rep.-elect James Kauffman, and Sen. Tom Begich. Also spotted dropping off a vehicle was former Commissioner of Revenue Bruce Tangeman and his wife Betty Tangeman, who is the staffer to Sen. Josh Revak.
The ferry won’t leave now until 8:30 pm on Tuesday, and arrive in Juneau on the evening of Jan. 7th at about 7 pm.
KEY INFORMATION:Alaskans 65 and older can receive vaccinations starting Monday, Jan. 11. Scheduling for those appointments begins Wednesday, Jan. 6
In an effort to more quickly vaccinate Alaskans, the Alaska COVID-19 Vaccine Task Force is opening up appointment scheduling and vaccination clinics for Phase 1b, Tier 1 – Alaskans 65 years of age and older. Scheduling appointments can be done on Wednesday, Jan. 6 at noon, with appointments starting Monday, Jan. 11.
Initially, those in Phase 1b, Tier 1 (Alaskans 65 years of age and older) were set to begin vaccinations in late January. However, after assessing how much vaccine remains to be administered, the Vaccine Task Force has adjusted the timeline forward. The vaccine is not being administered to as many health care workers as it could be because some are not taking the vaccine.
“All clinics who have received COVID-19 vaccine should continue to vaccinate the remaining health care workers from Phase 1a who wish to be vaccinated, but we are also excited to open up appointments for Alaskans who are 65 years of age or older,” said Alaska Chief Medical Officer Dr. Anne Zink.
NEW TIMELINE – Phase 1b, Tier 1 (Alaskans 65+)
Begin scheduling vaccinations at noon on Wednesday, Jan. 6 – Alaskans 65 years of age or older can schedule appointments starting noon on Jan. 6 by visiting covidvax.alaska.gov. Vaccinations for older Alaskans (age 65+) will now begin Jan. 11.
Choose an appointment for Monday, Jan. 11 or later – Alaskans 65 years of age and older can begin getting vaccinated starting Monday, Jan. 11. When scheduling an appointment, please choose a date on Jan. 11 or later.
A group of state retirees were notified last week that they could make appointments for their vaccinations, and several of them were able to get appointments as early as Tuesday, Jan. 5. The state is saying that for those in 1B, Tier 1 do not need to cancel those appointments.
“If you are not in health care or 65 or older as defined by Phase 1A or Phase 1B, Tier 1, please cancel your appointment so Alaskans in the earlier tiers can make appointments. New appointments will be added regularly as more vaccine providers sign up and more vaccine is available,” the state reported in a press release. Additional information about the COVID-19 vaccine and Alaska’s distribution plans may be found atCovidvax.Alaska.gov.
The annual migration of legislators and staff members to Juneau began today, starting with the cross-Gulf ferry from Whittier, which takes legislators’ cars and pets, clothes, NutriBullets, and Instant Pots to the Auke Bay Ferry Terminal, 12.8 miles north of Juneau. It leaves Whittier at 6 pm.
It’s a special trip each year just for the Legislature. This year it’s on the M/V Kennicott through what is expected to be moderate seas for this time of year — about 15 foot rollers.
The legislators and staff leaving today on the ferry will first stop at the Ted Stevens International Airport in Anchorage, where they have to get a COVID-19 test before they can get on the ferry. Then they need to drive 55 miles on the Seward Highway to reach the Whittier Tunnel. The tunnel is open one way at a time in intervals, and vehicles need to be there in plenty of time to get through the tunnel and be at the ferry terminal by 3 pm for boarding.
Chances are the usual cafeteria services aboard the ferry will be drastically cut back this year, and so travelers will not be cruising in comfort.
Three days after they arrive in Juneau the legislators and staff will have to take another COVID test and quarantine for 10 days. Most, however, will head to the Fred Meyer store on Glacier Highway and stock up groceries, which will effectively break the required quarantine.
Alternately, those going to work at the Capitol can arrive by air today, Jan. 4, and quarantine for 14 days.
As for the eight legislators who have already had COVID-19, they’ll have to bring a proof of having the antibody.
The legislators, their families, and staff can also drive through Canada and pick up a ferry in Haines. Currently the Alcan Highway has packed snow, black ice, and rough sections, which is normal for this time of year. The drive can take one to two days, depending on conditions.
Fewer flights are going into Juneau this winter, and the schedule appears to be changing from day to day depending on the loads. Legislators who spoke with MRAK said their reservations have been altered by Alaska Airlines twice.
Another ferry will cross the Gulf with remaining legislative cars around Jan. 25th. Some legislators are postponing bringing their cars to Juneau in expectation that the session will be short, or that a rules change will be made that allow legislators to vote remotely.
With a final push for signatures to recall Assemblyman Felix Rivera, sponsors are feeling confident they have enough to meet the threshold. They issued the following statement:
“Today, 300+ petition sponsors and 5,000 midtown residents are submitting the necessary signatures to initiate the recall vote of Assembly Chair Felix Rivera.
Over the last 9 months, these 5,000 Anchorage citizens have watched Felix Rivera and the majority of the Anchorage assembly divert nearly 50 million dollars of CARES act funds to pet projects like bike trails and homeless hotels.
These 5,000 citizens have watched hundreds of businesses fail while the majority of the assembly, chaired by Felix Rivera, voted consistently to prioritize cronyism and corruption over the economic needs of the thousands of Anchorage citizens losing their jobs.
These 5,000 citizens have also watched these same politicians abuse emergency mandates in an attempt to deny the public the right to fully participate in their government, and then show a stunningly callous disregard to those same mandates when it was convenient to their own political agenda.
That agenda now includes Felix Rivera and the current political leadership of Midtown – Assemblymember Meg Zaletel, Senator Elvi Gray Jackson, Representative Berta Gardener, and Representative Andy Josephson among others, actively fundraising to block this legal recall petition via the courts, once again denying their own constituents a constitutional right guaranteed in the political process. That should make every resident of Midtown both alarmed and angry.
Finally, and most importantly, we applaud the efforts of all of our neighbors who made this campaign successful. Many, many people worked extremely diligently under the stresses of both a global pandemic and the worst of Alaskan winter weather to make their voice in democracy heard today.”
The petition sponsors will be collecting signatures today at Kriner’s Diner at 2409 C Street, from noon to 3 pm, and all day at Duane’s Antique Market, 1233 E 76th Ave, (907) 349-7078.
They must turn in the signatures to the Municipal Clerk by close of business on Tuesday, Jan. 5. The group needs to give the Clerk 2,735 signatures from those in Rivera’s district in order to get a recall question on the April 6 municipal ballot. Activists are certain the Clerk will be strict in her ruling on signatures, and so they want to be sure they have a large buffer to make up for those the Clerk will throw out.
Rivera is mounting a legal challenge to the recall and has been raising money for the court challenge.
Congressman Don Young, as Dean of the House, did what members of the minority caucus typically do in such circumstances: He called for the parties to work together in a spirit of bipartisanship. Young took a moment before swearing in Speaker Nancy Pelosi, who giggled at the dais during his remarks.
“Madam Speaker before I issue the oath, I’d like to take the privilege of the floor as the dean. I’ve been in this House longer than anybody else. I’ve served with you longer than anybody else has served with you. I love this institution. I will be honest, I do not like what I see. It’s time we hold hands and talk to one another,” Young said. The House Democrats stood and applauded, as House Republicans sat and applauded.
“And Madam Speaker, I say this with all sincerity. You will be the Speaker of the House. Not of a party. That may hurt some of you,” he said, referring to the members. “The job of our nation is for the House of Representatives to govern this nation. It was never meant to be the executive branch. It was never meant to be the judicial branch. It’s this House that raises the money and dedicates how it shall spend and we are representing the people, as we’re elected.
“And I say this with all sincerity, Madam Speaker, that when you do have a problem or if there’s something so contentious, let’s sit down and have a drink,” he said. The House broke out in laughter, “Here, Here” and applause.
“And solve those problems for the good of this nation, for this institution, and, as you said, for the future children of this great nation. We can do it as a body. I ask you that, as the Dean to the new Speaker. I ask you to try to attempt to do that with our leader. We can do it together.”
Young then administered the oath of office, where members swear to uphold and defend the Constitution “from all enemies, both foreign and domestic.”
Pelosi then began her remarks by saying, “Thank you, thank you, Dean. I’m honored to be sworn in by you, my friend of many years. Thank you for your guidance and, again, I don’t drink, but I’m happy to have ice cream with anybody, any time, uh, yeah, ice cream. Thank you.”
The signature gathering effort to recall Anchorage Assembly member Felix Rivera was strong this weekend, with organizers saying that they did well at all their locations and they’ve added a new one for Monday — Kriner’s Diner, at the corner of C Street and Fireweed, 2409 C Street, from noon – 3 pm.
The Sunday signature gathering takes place at the hotel controversially purchased by the Anchorage Municipality — the Golden Lion — which cost the city over $9 million, plus will cost several million more to rehabilitate it so it can be used for drug and alcohol rehabilitation. The public has expressed outrage that the Municipality used a shell game with CARES Act funds in order to move money around legally to purchase what was going to be an illegal use of CARES Act funds.
The group must turn in the signatures by the end of business on Tuesday to put the question on the ballot: Shall Felix Rivera be recalled?
For Sunday’s signatures, the group will be at the Golden Lion until 4 pm.
The new 117th U.S. House of Representatives will vote on a new set of rules Monday that take virtue signaling to the next level: The Federal government will no longer refer to the Founding Fathers.
Nor any fathers or mothers, for that matter.
Also, anything with the word “man” attached to it is neutered. In prayer, Rep. Emanuel Cleaver concluded the opening prayer for 117th Congress with “Amen and Awomen.” Cleaver, who is a pastor, evidently believes that “Amen” is a reference to men, when in fact it is derived from Greek and Hebrew and means “truly” or “it is so.” It was also used by ancient Egyptians as a name for the Egyptian god of the sun and air, who was Lord of all creation.
The rules will penalize House members or employees of the House for passing along on social media anything that the leadership deems to be “fake news.” That would include, quite likely, memes or items from the comic site Babylon Bee, which traffics in funny fake political and social commentary news.
The House will prohibit reference to “seamen” for sailors or seafarers, and abbreviate “chairman” to chair.
The body will also prohibit legal references in federal code to family roles and genders, such as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, stepfather, step- mother, stepson, stepdaughter, stepbrother, stepsister, etc.
Democratic House Speaker Nancy Pelosi and Rules Committee Chairman James P. McGovern announced new rulesfor the 117th Congress, which will be introduced and voted on during regular session on Monday.
The House will establish an Office of Diversity and Inclusion.
The proposed changes are to reflect “the views and values of the full range of our historically diverse House Democratic Majority,” Pelosi said in a joint statement with Rules Chairman McGovern.
The new rules would also remove floor privileges for any former members convicted of crimes related to their House service or election and make it a violation of the Code of Official Conduct for a member, officer, or employee of the House to disclose the identity of a whistleblower.
