By VALERIE VAN BROCKLIN
In 1994, Alaskans passed an amendment to our state constitution that guaranteed crime victims the right to “a timely disposition” of the criminal case. Recent news reporting revealed the Anchorage court system has ignored that right for years.
Two Anchorage Daily News articles in January documented extensive felony case delays—enabled by judges “rubber stamping” continuances. Judges were granting 50-70 continuances and enabling 7 to 10 years of delay. Victims were dying before cases went to trial. The reported toll on victims and their families was and continues to be heartbreaking.
This travesty long pre-dated January’s revelations. A 2018 Annual Report to the legislature by the Office of Victims’ Rights (OVR) said delays were the “most prevalent frustration and complaint by crime victims” but they had “become the way of doing business.”
OVR’s Director attended 181 pretrial conferences in Anchorage. Of those, 161 were continued: 140 without any reason given and judges didn’t ask; in only one case did the prosecution mention the victim’s position; no judge inquired about the victims’ position in any other case.
Days after the news articles, I documented in a commentary that this problem existed as far back as 2008. That year the court system issued a “call to arms” about the nearly quadrupling of felony case delays in the preceding years.
In response, judges and court personnel attended training. In early 2009 a consultant from the National Council on State Courts (NCSC) provided a lengthy report on causes and solutions. The then Presiding Judge issued an order intended as a remedy, but it required no accountability from judges. The problem worsened.
Given the failure of those efforts, I recommended two things that would get judges’ attention: their budget and retention elections.
First, make the court system report the cost of all those continuances when it came before the legislature asking for more money. Second, when the Alaska Judicial Council evaluated judges and recommended to voters whether to retain them (or not), have it include judges’ records of continuances, and whether they considered victims’ rights. The Council publicizes surveys of court personnel, lawyers, and law enforcement about individual judges. Victims deserve no less consideration.
After my commentary, the current Presiding Judge responded with his own. His Honor minimized the problem, suggesting it began in 2019 and ignoring the 2008 history. He shifted blame to police, prosecutor, and public defender staff shortages, while ignoring that the courts’ rubber stamping of continuances enabled inadequate staff funding to go unchecked.
His Honor contended the court was working on solutions (another court order), but they “can’t do it alone.” Actually, they can. The judiciary is a co-equal, independent branch. It’s their duty to protect citizens’ constitutional rights against legislative and executive lapses. Alaska courts have done that repeatedly. Overcrowded jails are just one example.
The Presiding Judge’s commentary didn’t even mention victims’ rights to a speedy trial. This disregard was compounded by the Alaska Supreme Court’s Chief Justice in her Feb. 12 State of the Judiciary Address to the Alaska Legislature. Discussing the delays, Her Honor also failed to acknowledge victims’ speedy trial rights. Instead, she emphasized recent training on reducing delays. Her Honor didn’t mention this training was provided by the same organization that trained judges in 2008, without success.
Her Honor also contended the courts “could only do so much,” noting understaffed prosecutor and public defender offices. Just two days later she would author a state supreme court opinion holding public defender shortages could not be allowed to infringe on a defendant’s constitutional rights. Why should it be allowed to infringe on victims’ constitutional rights? The opinion emphasized the key role of judges in safeguarding constitutional rights from lapses by the legislative and executive branches.
The Chief Justice told the Legislature that new court orders had been issued to address continuances and delays. Like the Presiding Judge, Her Honor didn’t explain how the repeated training and orders that had failed in the past would succeed this time.
We now know from the recent reporting that Anchorage trial judges have long ignored crime victims’ constitutional right to a timely disposition. The Presiding Judge and Chief Justice doing the same provides insight into the root of the problem. Sadly, it gives little reason to think repeated ineffective gestures will remedy the “most prevalent frustration and complaint by crime victims.” Worse still is how victims must feel at being ignored not just by trial judges but by two of Anchorage’s leading jurists.
Which brings us back to what will get judges’ attention: their budget and retention elections. After the Presiding Judge’s and Chief Justice’s public statements, it’s clearer than ever that such actions are necessary. The public and crime victims can afford no more “rubber stamping” business as usual, enabled by a lack of accountability and the silence of judicial leaders.
Val Van Brocklin was a senior trial attorney with the Anchorage District Attorney’s Office before she was asked to join the state’s Office of Special Prosecution and Appeals, where she had statewide responsibility for cases so complex they required specialized investigative and prosecution efforts. She was then recruited by the U.S. Attorney’s Office to prosecute complex white collar crime, for which she received the FBI’s commendation. Now she is an author, international speaker, and trainer whose work has been featured on ABC and Discovery. More about Val at this link.
Yeah, but Constitutions are so passé.
Next time you go and get vaccinated, get yourself a rabies shot, too.
It’s even worse in Bethel. The blackrobes are all former “public defenders”, and they love their criminals. That and the “prosecutors” aren’t even charging criminals, just refusing to prosecute. Sentences are a total joke. You want to know why child abuse, women abuse and overall crime are so outrageous in the Bush? The Lower 48….letting the criminals right back into the villages knowing they can do whatever they want with zero consequences.
Another insane problem is that a restraining order is a civil issue, where the burden of proof is less than “beyond a reasonable doubt”.
But violating a restraining order transfers into the criminal realm where the burden of proof for the violator of the restraining order is “beyond a reasonable doubt”.
A restraining order is worthless for a victim – unless they rise to the level of abuse that becomes physical harm, murder,
mayhem.
If there is no recourse to enforce a restraining order, why do cops encourage victims to put themselves in more danger by strong arming victims into filing a restraining order?
The system is rigged by changing the burden of proof in favor of the predator.
The smoke in mirror truth of a restraining order is that the problem lies in the confusion and false hope – when the truth is that a restraining order is solidified and six-feet deep in perpetuating victimization and protecting the violators “rights” over the victims.
There is big money in correctional facilities – there is monetary value in locking people up.
Judges having ownership in correctional facility companies, or holding companies that file for incorporation in the State of Delaware, with the most discreet corporate ownership laws, is a conflict of interest.
Look at Arizona’s state revenue.
How much of Arizonas state revenue is derived from correction facilities?
Until there is a way to profit off protecting victims, the judiciary will be hard pressed to change.
Restraining orders are useless as an instrument to protect anyone from actual harm if harm is the intention of the predator. Try throwing a piece of paper with a court order at someone who is actively trying to harm you and let me know how that works out.
I have a perpetual restraining order against ALL predators issued by Smith and Wesson.
This is an interesting global perspective of the United States rank in prison population:
“The United States is home to the highest prison population per capita of all OECD countries, resulting in a consistent overcrowding of prisons which has negatively affected the criminal justice system for decades”.
‘https://www.statista.com/statistics/1356957/number-prisoners-private-prisons-us-state/#:~:text=As%20of%202022%2C%20the%20state,%2C%20and%20Georgia%2C%20and%20Tennessee.
————-
My first question was what in the heck is the OECD?
Well…the U.S. State Department says the OEDC is The Organization For Economic Cooperation and Development.
“The Organization for Economic Co-operation and Development (OECD) is a unique forum where the governments of 37 democracies with market-based economies collaborate to develop policy standards to promote sustainable economic growth.”
‘https://www.state.gov/the-organization-for-economic-co-operation-and-development-oecd
Oedc.org states,
“Who We Are –
The Organisation for Economic Co-operation and Development (OECD) is an international organisation that works to build better policies for better lives. We draw on more than 60 years of experience and insights to shape policies that foster prosperity and opportunity, underpinned by equality and well-being.“
All fine and dandy, right?
Who’s paying the largest bill for membership?
Scroll down to be underwhelmed and not surprised!
Member Countries’ percentage shares of Part I budget contributions for 2024
Member countries
% contributions
AUSTRALIA 3.3
AUSTRIA 1.5
BELGIUM 1.7
CANADA 3.8
CHILE 1.2
COLOMBIA 1.2
COSTA RICA 0.9
CZECHIA 1.2
DENMARK 1.4
ESTONIA 0.8
FINLAND 1.2
FRANCE 5.1
GERMANY 7.6
GREECE 1.1
HUNGARY 1.0
ICELAND 0.6
IRELAND 1.4
ISRAEL 1.5
ITALY 3.9
JAPAN 8.5
KOREA 3.5
LATVIA 0.8
LITHUANIA 0.9
LUXEMBOURG 0.8
MEXICO 2.7
NETHERLANDS 2.4
NEW ZEALAND 1.2
NORWAY 1.6
POLAND 1.7
PORTUGAL 1.2
SLOVAK REPUBLIC 1.0
SLOVENIA 0.9
SPAIN 2.9
SWEDEN 1.7
SWITZERLAND 2.1
TÜRKIYE 1.9
UNITED KINGDOM 5.5
UNITED STATES 18.3
Total of contributions 100.0
—————
As an Alaska Native – my grandparents and great-grandparents went through a lot of rapid change with the western world forcing its version of self-actualization upon us.
It has been said that Hitler used what America did to American Indians and Alaska Natives as his guide and SOP.
Well, what I know today, is that although we have a lot more work to do within our domestic relations, we are all Americans.
The United States of America should not be leading the global OEDC countries for prisoners as we pay the most to support that global organizations budget that is headquartered in France.
We – Alaska Natives, American Indians, and all Americans – joined together and fought against concentration camps and disregard of human rights in World War 2.
America should not be the global leader of prisoners.
If these other 37 OEDC countries are not having this prisoner issue, why don’t we hear about what they are doing differently and hopefully more effectively then what we are doing?
I’d pay attention for that public conversation.
This rut that America keeps churning is boring.
It reflects a lack of awareness or curiosity from elected officials that don’t see farther than their own extended arm/hand of self preservation, curated sound bytes, risk management and maximizing fund raising.
Get your numbers right, and to get your numbers right you need to collect your statistics properly.
Your assumption is that these folks are in prison. No, only a fraction.
The American statistics represent people also under felony and or misdemeanor probation; not incarcerated.
The error in syntax is perpetuated by repeating an error made by poor editorial work and poor journalism.
So…if a person is under misdemeanor probation for that DUI conviction they picked up two years ago…they go into those statistics as incarcerated.
The American statistics also include persons under pre-trial release. Which means that if one is under court orders to behave or not behave a certain way, as well as possibly posting bond, one is also considered “in the system” or “incarcerated” according to the reporting of some very lazy journalists and activists.
It does not benefit activists to publish accurate numbers if it does not benefit their agenda.
So, in essence, go do some real work and examine source materials.
People in jail need to earn their keep so we can build more jails. Other countries use them to build roads and such. They should grow their own food too. Some farmers complain when they did that, but so what. I am disapointed in our governor.
Since when does the Alaska legal system care about people?
Thank you, Val.
It certainly appears as judicial indifference to one of the responsibilities they accepted when they took on the role. The appearance that they have not and are not striving to overcome this inadequacy is NOT confidence inspiring.
Please fire this miserable person who can’t think in terms of the law.
Thanks for a well-written piece, Valerie.
.
Constitutional rights went out the window when state judges corrupted the grand-jury system and, as you reported so well, tossed the Sixth Amendment too. What stops them from tossing any other Amendment they don’t like?
.
Of course, two things’ll get judges’ attention: retention elections and their budget.
.
Why aren’t these things show-stoppers in Alaska?
.
Because:
(a) it doesn’t take a law degree to realize our state’s election system is so easily corruptible that “retention” votes are reduced to an exercise in futility, and
(b) lawyers, aspiring judges, legislators, and donors who have to live and work in the state’s legal system, are hardly likely to annoy judges or their Good Ole Boys Club, the Judicial Council, by going on record as being in favor of reduced judiciary budgets.
.
How’s that supposed to work anyway, arguing your cases in front of state judges who all know you want to take their money and run them out of office?
.
So, what’s Plan B?
.
How can you win this when your enemy owns the state battlespace? Choose someplace they don’t own, like the federal arena.
.
“Ignore victims constitutional rights” …what’s that but federal civil-rights violation, deprivation of rights under color of law, honest services fraud?
.
No pressure… who else but you, counselor, can, or will, sort it for us?
It seems like that out of necessity, the citizens will have to assemble Grand Juries as prescribed by our Constitution, and cast these ‘Judges’ out, be it by impeachment or whatever means is available.
The extra-Constitutional authority that they have granted themselves cannot stand.
All the Supremes really need to do is allow that they have come to realize their mistake and FIX it.
Overloaded dockets means they can ask for more money. The judges inflate the dockets by granting unjustified continues. I recommend voting NO on retention for every judge. Victims deserve speedy trials.
The delays are simply a symptom of two otherwise colliding interests merging instead.
The District Attorneys and the defense attorneys both know that criminal cases do not age well.
Hence, one or two years (or more) down the road they each understand that witnesses memories fail, that passions fade, LE officers retire or quit, and public interest meanders.
So… after long enough of a delay, it becomes “necessary” or “expedient” to offer a generous plea agreement to the defense or accept a ridiculous one from the defense. Then the judges’ hands aren’t exactly tied, but if the deal seems even semi-equitable and the DA claims that the original charges aren’t fully prosecutable, well, there ya go.
It’s little more than a rigged game show most of the time.
Crime victims are equal not super citizens. They have no more rights than anyone else. The state legislators cannot convey what they do not personal lying have subject matter jurisdiction to convey to anyone more than equal rights. We might start there. Try knowing if you personally have the personal jurisdiction to convey extra rights to someone in the US. Stop drinking the kool aid.
Wrong Galeu!
Victims of criminal crimes
in Alaska have the constitutional “Right” to a speedy disposition of a criminal case where they are the victim. You, on the other hand have no such right! unless you are a victim
and a criminal case has been brought by the state against the person charged with the crime.
Starting with your third sentence you make no sense. Perhaps before you start lecturing anyone about their constitutional rights maybe you should learn how to write a complete sentence. Just saying!
Comments are closed.