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AG opinion: Recall grounds are insufficient

Suzanne Downing
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AG opinion: Recall grounds are insufficient

Attorney General Kevin Clarkson announced today that the stated reasons for a recall of Gov. Michael Dunleavy are insufficient, “failing to meet factual and legal requirements under the controlling statutes.”

“I asked the legal team to do a deep dive into the Alaska constitution, discussions at the constitutional convention, the statutes, legislative history, and case law, including looking at authorities from other states, in order to understand what standards must be met in the recall context,” said Attorney General Clarkson in a statement. “As a matter of law, recall cannot be premised upon disagreements with the elected official’s policies.” 

With respect to the application to recall Dunleavy, Clarkson stated, “in order to meet the ground for neglect of duty, which is the only legally pertinent ground here, applicants must show an inability, willful neglect, or outright illegal intent on the part of the elected official.  They must also show that this inability or intent is directly related to carrying out the substantive duties of the office.

“Mere procedural or technical failures are not enough. The violation must be substantial in order to qualify. Moreover, applicants must show that the elected official was personally responsible. Elected officials cannot be recalled for the acts of subordinates of which they were not aware and did not specifically authorize.  The recall application failed to make these showings. The grounds of incompetence and lack of fitness, as a matter of law, were not applicable here.”

Click here to review the Attorney General Opinion.

The recall application was submitted on September 5, 2019. Director Fenumiai requested that the Department of Law complete its legal review within 60 days, despite the lack of any statutory timeline to make a decision. The Department of Law met the requested timeline and submitted its opinion to the director on November 4, 2019.

Director of the Division of Elections Gail Fenumiai notified the sponsors today that, based on the conclusions in the Attorney General opinion, certification was denied. Recall Dunleavy and any other interested party have 30 days to challenge the denial of certification.

For more information, see the Division of Elections website.

Check back, as this story will be updated.

Mike and Rose Dunleavy off to Japan on trade trip

Suzanne Downing
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Mike and Rose Dunleavy off to Japan on trade trip

Gov. Michael Dunleavy and First Lady Rose Dunleavy are in Japan this week to promote Alaska’s wild seafood and natural resources, meet with leaders in the energy, minerals, and seafood industries, and build upon the long relationship between Japan and Alaska.

“Alaska has long and mutually beneficial business and cultural relationships with Japan – my goal is to strengthen our existing trade relationships and pursue new opportunities for investment,” said Gov. Dunleavy in a statement. “When I say Alaska is open for business, that includes pursuing international opportunities in the Pacific Rim and elsewhere around the world. Alaska has so much to offer.” 

The Dunleavys will participate in several events while in Japan:

  • The 50th anniversary of the introduction of Alaska LNG in Japan.  Gov. Dunleavy will tour the Negishi LNG Receiving Terminal, where the first delivery of Alaska LNG was delivered 50 years ago today. The governor will meet with executives from Tokyo Gas.
  • Dunleavy will speak at an Alaska Seafood Marketing Institute Seafood Trade Luncheon and give interviews to seafood trade newspapers about Alaska’s sustainable and healthy wild seafood industry.
  • Dunleavy will tour the Toyosu Smart Energy Center, a cutting-edge redevelopment near Tokyo producing hot and cold water and steam from a high-efficiency, environmentally friendly centralized plant to residential and business buildings in that area.
  • The governor will meet with representatives of DOWA Metals and Mining, the company that is a major investor in the proposed Palmer Project outside Haines. DOWA purchases ore concentrate from the Red Dog Mine in the Northwest Arctic region and the Greens Creek Mine on Admiralty Island.
  • [Read: Doctors in Haines oppose mining, miners]
  • Dunleavy will be interviewed by Nikkei, the leading daily financial newspaper in Japan.

Tshibaka: Public Defender Agency sits on vacancies, over-counts caseloads

Suzanne Downing
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Tshibaka: Public Defender Agency sits on vacancies, over-counts caseloads

STILL RECEIVED A 10 PERCENT INCREASE IN ITS FUNDING

After being on the job for less than a year, Commissioner of Administration Kelly Tshibaka and a group of her assigned investigators in the Oversight and Review Unit have completed a 65-page study on the Public Defender Agency that shows the agency was not filling up to 20 percent of vacancies and, because of its quirky way of counting cases, was over-counting the caseloads of staff attorneys.

In fact, the report shows the Public Defender Agency is offloading much of the work that is primary to it; it’s handing it over to the Office of Public Advocacy, a little-known legal agency that focuses on legal work for elders, youth, and other vulnerable Alaskans.

[Read the entire 65-page report here]

Alaska’s Commissioner of Administration goes after data. As a former federal Acting Inspector General for the Federal Trade Commission, she looks for inefficiencies, waste, and fraud. She says her findings of the Public Defender Agency aren’t the worst she’s seen in her career, but there are structural problems that the agency has the power to correct. If it wants to.

The oversight report comes not long after former Attorney General Jahna Lindemuth accused the Dunleavy Administration of budget cuts that “bleed” the agency’s ability to take care of indigent legal defense needs.

Not so, said Tshibaka today. In fact the the Public Defender Agency received a $1.16 million budget increase in the Dunleavy budget than it did in the FY19 budget approved by Gov. Bill Walker. That equates to a 5.2 percent increase in one year. It allows the Public Defender Agency to hire 10 more positions. 

There was more. Gov. Michael Dunleavy signed HB 49, to roll back the lenient provisions in the much-maligned “crime wave bill” Senate Bill 91. HB 49 had another $1.3 million for the Public Defender Agency to hire 10 more positions, nearly another 5 percent increase.

But wait, there was more. Another $900,000 in supplemental funding was authorized by Dunleavy for the FY19 “indigent defense service caseload.” The Administration also agreed to pay each attorney’s $660 Alaska Bar Association annual dues.

And yet, the agency operated with a vacancy rate of 8-20 percent in some sections.

“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 says.

Tshibaka said that if the vacancies were filled, the caseloads would come down, but since the agency operates independently the Dunleavy Administration cannot force the Public Defender to hire those positions.

She also said that although it was difficult to accurately determine the caseloads of attorneys in the Public Defender Agency due to inconsistent reports, the range is between 145-154 cases per attorney, within professional standards across the nation.

Thus, the claim that the agency is constitutionally out of compliance because of caseloads is false.

The assessment of the Public Defender Agency shows that it counts cases differently than the Office of Public Advocacy. One case is often counted two or three times, and handled inefficiently, making it appear that the workload is more than it is.

For example, if a client is assigned a Public Defender at PDA, but the agency decides it has a conflict because it is representing another client involved in the case who has an adverse interest, the first client is referred to the OPA, but the PDA gets to count it as a case.

The OPA is taking on more and more conflict cases, when it was really set up to do guardian ad litem work.

Examples include the murder of David Grunwald in 2016, involving five teens; and the murder of Cynthia Hoffman at Thunderbird Falls, which involved six people, three of them teens.

Between those two murders, nine of the 10 cases were sent to the OPA.

The Public Defenders Agency uses a weighted system when counting caseloads, and it “conflicts out” of cases because the agency does not put silos around its work so that attorneys can work on cases without having a conflict with another client.

“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 report summary says.

The legal agency also has attorneys doing work that should be done by assistants or paralegals. Because the Public Defender has total control over his or her budget, he/she can add more attorneys or restructure to add more paralegals, who could handle many of the functions now being done by attorneys.

“The PDA would operate more efficiently if it hired more support staff to assist its attorneys and provided better training for those staff. This would reduce the felt-caseload burden on the PDA’s current attorneys by leveraging more effectively the skill of the paralegals and other support staff,” according to the investigators.

The agency, being examined by the Department of Administration for perhaps the first time, began to make changes after the former Public Defender Quinlan Steiner quit in April, one day after an interview with Commissioner Tshibaka.

The new Public Defender, Sam Cherot, was careful in her response, but attended a press conference held in Anchorage this morning by Commissioner Tshibaka.

“The PDA actively cooperated with DOA in their review of the Agency’s workloads, management, and operations,” Cherot said in a prepared statement. “In my new role as Public Defender, I am committed to considering the findings and recommendations of this report, and the part they may play in the development of long-term solutions and goals for the agency.”

Watch for Part II: A deep dive into recommendations by the Department of Administration’s Oversight and Review Unit.

And for the toddler, a book for learning your ‘Gay B Cs’

Suzanne Downing
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23
And for the toddler, a book for learning your ‘Gay B Cs’

Hearthside Books in Juneau is promoting books for the holiday season, and its catalog features a book for the grand-babies: “Gay BCs”.

“The GayBCs,” released last month by Quirk Books, is authored by a gay graphic designer who wants to ensure parents are having a dialogue with their children about their sexual orientation at a very young age.

Hence, they can learn their alphabet letters and also be discussing their sexual attraction through various terms and jingles:

  • C is for Coming Out
  • G is for Gay. “It’s a word that implies you’re a girl who likes girls, or a guy who likes guys.”
  • I is for Intersex. “Some are born with the parts of both a boy and a girl; bodies are works of art!”
  • P is for Pan. “You connect with a vibe. No matter the gender, it’s about what’s inside.”
  • Q is for Queer
  • T is for Trans.” It’s a brave step to take, to live as the gender you know is innate.”

An entire LGBTQ+ vocabulary of 26 words is taught in the book through rhymes and illustrations. The author says it’s meant for children ages 4-8, but at Amazon, it’s marketed “for children of all ages.” All the reviewers on the Amazon page for the book give it five stars and glowing accolades.

“A playdate extravaganza transforms into a celebration of friendship, love, and identity as four friends sashay out of all the closets, dress up in a wardrobe fit for kings and queens, and discover the wonder of imagination. From A is for Ally to F is for Family to Q is for Queer, debut author/illustrator M. L. Webb’s bright illustrations and lively, inclusive poems delight in the beauty of embracing one’s truest self. A glossary in the back offers opportunity for further discussion of terms and identities.”

Hearthside is featuring the book as part of a page of gay and feminist literature.

The children’s book is not to be confused with the adult book by the same name. Shoppers won’t want to accidentally purchase the adult book thinking it’s for kids. It’s much more adult.

“Gay BCs,” authored and illustrated by Canadian designer Rae Congdon, is marketed as a “A cheeky, progressive adult alphabet book that celebrates and illuminates LGBTQ terminology.”

According to Greystone Books, it’s “a playful, subversive alphabet book that aims to spread awareness and demystify gay and queer terminology for everyone. Instead of apple, ball, and chick, this book’s ABCs are ally, bisexual, and cisgender. A ladybug gains a matching girlfriend to become lesbian, kiss becomes kink, and tie gets a twist to become transgender. Using straightforward, accessible language, GAYBCs also defines less commonly known terms, such as “femme,” “Mx.,” and “ze,” and puts LGBTQ-friendly spins on words like “wedding” and “equality.” With clear definitions and clever illustrations, this book is accessible to everyone from teenagers to grandparents and those in the LGBTQ community as well as family, friends, and allies of all backgrounds. A fun and informative adult picture book, GAYBCs is a queer ABCs for our modern world.”

Unexploded ‘ordinances’ and other Palmer curiosities

Suzanne Downing
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2
Unexploded ‘ordinances’ and other Palmer curiosities

Rep. DeLena Johnson and her husband Steve took an eight-mile walk on Sunday along the riverbed of the Matanuska River, when the couple came across an artifact from yesteryear — a piece of riveted steel from when the railroad was torn up and rerouted north to Fairbanks.

There was a time, Johnson said, when the railroad went to Chickaloon because of the high-quality coal at Wishbone Hill. That coal was valuable because it was used to fire the warships in World War I.

But in 1923, when President Warren Harding drove the golden spike at the Nenana, signaling the completion of the railroad to Fairbanks, the tracks to Chickaloon had all been torn up and left to rust.

Rep. Johnson doesn’t know who took a can of yellow spray paint to the rusting steel with the words “DANGER UNEXPLODED ORDINANCE,” but she found it amusing, misspelled “ordnance” notwithstanding. It’s a bit of graffiti on a 10-foot-tall item of railroad trash that looks like … well, her friends on Facebook had all sorts of amusing theories.

The riverbed is littered with steel that was dumped by the railroad as they tore up the tracks to Chickaloon, but the “Apollo space capsule” behind her in the photo is an artifact that perhaps railroad historians will be able to identify.

Anyone?

Due Monday: Attorney General Kevin Clarkson’s decision on Dunleavy recall

Suzanne Downing
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25
Due Monday: Attorney General Kevin Clarkson’s decision on Dunleavy recall

Alaska Attorney General Kevin Clarkson has until Monday to announce his decision on whether the recall petition to remove Gov. Michael Dunleavy can move ahead to the second phase of signature gathering.

His decision will be to say whether the group wishing to recall the governor has adequate grounds: Misconduct, incompetence, or failure to perform duties prescribed by law.

The Recall Dunleavy group says the governor failed to perform his duties when he didn’t appoint a judge to the Palmer District Court seat within the 45 days mandated by law. Dunleavy was engaged in making the appointment, and was negotiating with the Alaska Judicial Council over their nominees. He appointed that post late, but not before it was vacated by the retiring judge.

The group also says that the Dunleavy Administration made an error in a budget decision. That error was corrected quickly, but the group says it is evidence of incompetence.

Finally, the Recall Dunleavy group says the Governor’s Office used State resources to push partisan ads on Facebook. Those ads were actually targeted at legislators who were opposing the governor’s budget policies, but whether they were partisan in nature will be up to the courts to decide.

All of these are fig leaf reasons, critics say, to mask the real discontent with the governor for cutting the budget. In its own words on its Recall Dunleavy website, the group admits as much:

“His brief time as governor has brought us an atmosphere of fear and distress, as people worry about whether they will be able to care for special-needs children or whether they will lose their jobs, their homes, and their ability to live in Alaska.

“We cannot allow a governor who doesn’t understand the concept of the separation of powers to remain in power.  He cannot be allowed to attack the judiciary because courts make decisions he doesn’t like. He cannot be allowed to keep the legislature from upholding its constitutional responsibilities to fund programs that provide for the health, education, and well-being of Alaska’s people.”

In other words, it is really about things like cutting the court’s funding and shifting that money over to pay for court-ordered abortions.

This reason, along with the actual stated reason in the recall petition itself concerning a delay in appointing a judge, put the judges in an awkward position. They do, in fact, have a dog in the fight because the governor has made decisions about their budget — decisions that Alaska Supreme Court Justice Joel Bolger has already said on the record were adverse to the courts, and he asked the Legislature to reverse the governor’s decisions.

History gives no particular hint about how the judges would rule.

A recall campaign against a sitting governor in Alaska last occurred in 1992, when a group formed to recall Gov. Wally Hickel. The Department of Law and Director of the Division of Elections certified the application on Aug. 26, 1992, against the advice of outside counsel.

Lawsuits were filed in Juneau and Fairbanks Superior Courts on Aug. 27, 1992 and Sept. 25, 1992.

On Sept. 5, a judge instructed the director of the Division of Elections to cease petition activity. One year later, on Sept. 14, 1993, the Fairbanks Superior Court determined that certain ground for recall were not legally sufficient, while other grounds were, but overall the grounds were insufficient. The matter died.

[Read: A list of all the recall outcomes in Alaska, chronologically]

If Clarkson approves the recall petition language, the Recall Dunleavy group will be able to start collecting its 71,252 signatures needed to force the matter into a special election. The group has already shown its political clout by collecting an initial 49,006 signatures, which it submitted to the Division of Elections on Sept. 4. The Alaska Democratic Party is pushing hard to help the Recall Dunleavy group, and will be a staunch ally if there is a legal battle.

The Attorney General is in a slightly awkward position, as both legal counsel to the governor and the top attorney for the people of Alaska.

If he rules that the recall rationale is sound enough to take to the voters, then he would not be able to represent the governor, who would probably challenge that ruling, and have to rely on a private attorney to do so.

But Clarkson is more likely to rule that the recall campaign has not provided sufficient grounds; he’ll see it in favor of defending elections and not creating a condition where elections are immediately overturned by the disgruntled through a never-ending churn of costly court challenges.

If he turns them down, that would trigger a lawsuit being filed at Alaska Superior Court by the Recall Dunleavy group, which has already promised it will challenge the ruling.

After the decision is announced on Monday by Clarkson, Scott Kendall, Alaskans can anticipate that an immediate news release will come out from the Recall Dunleavy group, which is being funded by Ed Rasmuson. The details of the challenge will likely come at a press conference that Scott Kendall and his group will hold, for maximum exposure in the media.

Kendall, who is the group’s legal counsel and who was chief of staff to the disgraced Gov. Bill Walker, will probably file the appeal in Anchorage Superior Court. The hearings could take place within weeks, and the decision from the Superior Court judge would be appealed to the Alaska Supreme Court by whichever side loses.

STAND TALL WITH MIKE GROUP FORMS

Meanwhile, the Stand Tall With Mike group is beginning to get organized and is raising funds for the defense of the governor — eight full months after the recall group started its activities.

“Right now in Alaska, Mike Dunleavy’s opponents have near total control of the airwaves and the news most Alaskans are seeing, hearing, and reading. Your generous donation will allow us to get the other side of the story out. This will lead to increased public support for Mike and his conservative agenda that Alaska so desperately needs,” the Stand Tall With Mike website says.

Listicle: The history of prior recall attempts in Alaska

Suzanne Downing
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3
Listicle: The history of prior recall attempts in Alaska

The list of previous recalls that made it to the Division of Elections and Department of Law goes back to 1986. Most applications were denied.

Of the 21 attempts to recall, 10 were denied due to insufficient grounds, while five had application deficiencies and were denied on that basis. The others ended with various results, including elected officials who simply resigned.

Of those three recall attempts that ultimately went to the voters, all were for school board seats in the rural areas of the state, and all three subjects of the recalls were indeed recalled by voters, 173-67, 178-61, 174-64.

Details of Alaska’s recall history:

09/12/2014: John Atchak, Kashunamiut School District (REAA 22) Board member, Seat B. Following review by the Department of Law (9/30/2014), the Director of Elections denied the application due to a number of insufficiencies within the application.

11/06/2013: Representative Lindsey Holmes, House District 19. Following review by the Department of Law (12/16/2013), the Director of Elections denied the application due to insufficient grounds.

08/29/2011: Representative Kyle Johansen, House District 1. Following review by the Department of Law (10/10/2011) , the Director of Elections denied the application due to insufficient grounds.

04/15/2010: Jody J. Leisholmn, Annette Island School District (REAA 20) Board Member, Seat B. Following review by the Department of Law (6/7/2010), the Director of Elections denied the application due to insufficient grounds and multiple insufficiencies.

06/22/2007: Shelly Wilson, Chatham School District (REAA 18) Board Member, Section I, Seat A. The Director of Elections certified the application on 7/31/2007. The petition was certified by the Director on 9/13/2007 following verification of supplemental signatures filed by the recall committee on 9/6/2007. On 9/17/2007 the Lt. Governor called a special election to be held on 11/20/2007. The Election was certified on 12/6/2007. The voters approved the recall by a vote of (Yes 173) to (No 67).

06/22/2007: Edward Gamble Sr, Chatham School District (REAA 18) Board Member, Section I, Seat B. The Director of Elections certified the application on 7/31/2007. The petition was certified by the Director on 9/13/2007 following verification of supplemental signatures filed by the recall committee on 9/6/2007. On 9/17/2007 the Lt. Governor called a special election to be held on 11/20/2007. The Election was certified on 12/6/2007. The voters approved the recall by a vote of Yes (178) to (No 61).

06/22/2007: Irene Paul, Chatham School District (REAA 18) Board Member, Section I, Seat C. The Director of Elections certified the application on 7/31/2007. The petition was certified by the Director on 9/13/2007 following verification of supplemental signatures filed by the recall committee on 9/6/2007. On 9/17/2007 the Lt. Governor called a special election to be held on 11/20/2007. The Election was certified on 12/6/2007. The voters approved the recall by a vote of (Yes 174) to (No 64).

10/11/2005 & 12/14/2005: John Zabielski, Alaska Gateway School District (REAA 16) Board Member, Section II, Seat B. Following review by the Department of Law (1/17/2006), the Director of Elections denied the application due to insufficient grounds.

10/11/2005 & 12/14/2005: John Zabielski, Alaska Gateway School District (REAA 16) Board Member, Section II, Seat B. Following review by the Department of Law (1/17/2006), the Director of Elections denied the application due to insufficient grounds.

12/14/2005: Doug Hosken, Alaska Gateway School District (REAA 16) Board Member, Section II, Seat C. Following review by the Department of Law (1/17/2006), the Director of Elections denied the application due to insufficient grounds.

12/14/2005: Eric Hannon, Alaska Gateway School District (REAA 16) Board Member, Section II, Seat E. Following review by the Department of Law (1/17/2006), the Director of Elections denied the application due to insufficient grounds.

08/04/2005: Senator Ben Stevens, Senate District N. Following review by the Department of Law (9/7/2005), the Director of Elections denied the application due to insufficient grounds.

02/17/2004: Senator Scott Ogan, Senate District H. Following review by the Department of Law (4/8/2004) The Director of Elections certified the application on 4/9/2004. On 8/25/2004 Senator Ogan resigned from his senate seat. The Director of Elections certified the recall petition on 8/26/2004. However, due to the vacancy created on 8/25/2004 following the resignation of Senator Ogan, the recall effort was not completed.

08/07/1996: Pat Madros, Yukon-Loyukuk School District (REAA 12) Board Member. Following review by the Department of Law (9/25/1996), the Director of Elections denied the application due to a number of insufficiencies within the application.

12/31/1997: Nancy James, Yukon Flats School District (REAA #13) Board Member, Seat C. Following review by the Department of Law (2/25/1998), the Director of Elections denied the application due to a number of insufficiencies within the application.

06/29/1992 and 06/30/1992: Governor Walter Hickel and Lt. Governor Jack Coghill. Following the review by the Department of Law (8/24/1992), the Director of Elections certified the application on 8/26/1992 against the advice of outside counsel. Lawsuits were filed in the Juneau and Fairbanks Superior Court on 8/27/1992 and 9/25/1992. On 9/5/1992, the court instructed the director to cease petition activity. On 9/14/1993, the Fairbanks Superior Court determined that certain grounds for recall were legally sufficient and other grounds were not. The recall attempt was not completed.

03/13/1986: Kathleen Wright, Delta-Greely School (REAA 15) Board Member, Seat D. The Director of Elections certified the application on 3/27/1986. The petition was certified by the Director on 5/5/1986. An election was scheduled for July 15, 1986. However, the election was enjoined according to a lawsuit filed in the third judicial district in Anchorage.

03/13/1986: Cynthia McClain, Delta-Greely School (REAA 15) Board Member. The Director of Elections certified the application on 3/27/1986. The petition was denied by the Director on 5/5/1986 due to insufficient signatures.

03/13/1986: Doris Fales, Delta-Greely School (REAA 15) Board Member, Seat E. The Director of Elections certified the application on 3/27/1986. The petition was certified by the Director on 5/5/1986. An election was scheduled for 7/15/1986. However, the election was enjoined according to a lawsuit filed in the third judicial district in Anchorage.

03/13/1986: Jackie Fett, Delta-Greely School (REAA 15) Board Member, Seat F. The Director of Elections certified the application on 3/27/1986. The petition was certified by the Director on 5/5/1986. An election was scheduled for 7/15/1986. However, the election was enjoined according to a lawsuit filed in the third judicial district in Anchorage.

Washington Post chronicles long, costly Supreme Court journey of Alaskan moose hunter John Sturgeon

Suzanne Downing
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0
Washington Post chronicles long, costly Supreme Court journey of Alaskan moose hunter John Sturgeon

On the front page of Sunday’s Washington Post, writer Robert Barnes does a deep dive into the 12-year legal battle of one Alaskan, who just wanted to hunt moose in his traditional way, but who was stopped by U.S. Park Service employees on the Nations River in the Yukon-Charley National Preserve.

His crime? Using the wrong kind of boat to navigate the river. Sturgeon was using a small hovercraft. He knew the river to be navigable, and he knew the Park Service had no jurisdiction over Alaska’s navigable waters. So he took the federal government to court on behalf of all Alaskans.

Barnes, who writes about Supreme Court issues for the Washington Post, travelled to Fairbanks this summer and spent time interviewing Sturgeon, and he went on a fundraising excursion on a riverboat owned by the Binkley family, where 200 people joined together for the “thanks a million” cruise to raise money to pay back Sturgeon’s legal fees after his historic “second win” at the Supreme Court.

“For 12 long years, John Sturgeon has fought for something he believes in, something that is bigger than himself. He took on the biggest of foes, the United States federal government.” — Craig Campeau, who sells boats and ATVs in Fairbanks, quoted in the Washington Post.

Here are the first few paragraphs of Barnes’ story and the link to the entire article at the end:

An Alaskan moose hunter beat the odds at the Supreme Court. It cost $1.5 million

FAIRBANKS, Alaska — Moose hunter John Sturgeon serves as both inspiration and warning for anyone who has ever gotten worked up over a perceived injustice and vowed to fight it “all the way to the Supreme Court.”

An inspiration because Sturgeon took on the federal government and — not once but twice — beat the odds to get the high court to accept his case and rule in his favor.

Why a warning? Because Sturgeon’s 12-year, only-in-Alaska battle to travel on a forbidden hovercraft through national parkland to his favorite hunting spot cost well north of $1.5 million.

“I had no idea how much it was going to cost, but you start down this slide and there’s no stopping it,” Sturgeon said. “Not many people could do what I did, because they don’t have the financial resources, which I don’t either. But I did have a cause that really ignited people.”

Sturgeon agreed to let The Washington Post examine the details of his costs and the donations to his cause to illuminate what it takes to bring a lawsuit before the Supreme Court.

Among his donors: the Alaska Wildlife and Conservation Fund, the National Rifle Association, the Alaska Conservative Trust, national and international hunting groups, hundreds of ordinary Alaskans and one very wealthy one.

Edward Rasmuson read about Sturgeon’s case, called him up and found him sincere, and then offered to help pay the legal bill. “I maybe gave $250,000 to $300,000 to $400,000 — hell, I don’t know,” Rasmuson said in an interview. “But I’m fortunate. I’m wealthy, I can afford it.”

Read the rest of the story at the Washington Post, which may be behind a paywall if you have exceeded your story limit.

Breaking: Sturgeon wins Supreme Court, 9-0 on river access

What else is in that ML&P, Chugach sales agreement?

Anchorage Daily Planet
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What else is in that ML&P, Chugach sales agreement?

ANCHORAGE DAILY PLANET

The Anchorage Assembly, with little fanfare the other day, moved the city closer to selling the Municipal Light and Power utility to the Chugach Electric Association for $999 million.

The measure, mostly housekeeping and finalization of technical elements of the sale approved by voters last year, passed 11-0.

Alaska Public Media reported the sale could be finalized by June of next year, and he said among the myriad details of the sale there was this:

“And one unexpected provision will put $15 million toward substance abuse treatment. That measure is framed as a community benefit from the sale. The funds will go towards a new entity named the Alaska Center for Treatment in public documents, though according to the mayor’s administration, the concept will need to be refined going forward.”

Huh? Who knew the sale would spin off $15 million for an “Alaska Center for Treatment” that “will need to be refined” in the future?

Hughes reported Municipal Attorney Rebecca Windt Pearson told the Assembly:

“This is by no means the end of the public process around that idea. The agreement here is simply that we have said $15 million dollars will go toward this idea, this project, or else it will become an offset to payments under this deal after five years.”

It is enough to make us wonder what else is in the agreement.

Read more at the Anchorage Daily Planet.

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