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Gov Dunleavy 2020 recess appointments prohibited by statute, judge rules

Judge promises quick decision in Legislative Council v Dunleavy case

Juneau Superior Court Judge Phillip Pallenberg Juneau, Alaska (KINY) - The case of the Alaska Legislative Council versus Dunleavy was heard by Juneau Superior Court Judge Phillip Pallenberg Wednesday. The council objects to the governor s appointments of various commissioners that they haven t confirmed. The governor has said he believes the commissioners could continue to serve without legislative approval. Judge Pallenberg anticipates making a quick decision and possibly as soon as Thursday. A statement issued by the council states it decided to pursue the litigation to protect the rule of law, the constitutional separation of powers, and the sanctity of the legislative branch as well as its authority to write law and make public policy to hold the executive branch accountable when it violates its constitutional authority.

Criminal jury trials to resume if consistent with public health

Juneau, Alaska (KINY) - The Alaska Court System plans to resume criminal jury trials in the near future on a conditional basis. Juneau Superior Court Judge Amy Mead, who is the presiding judge for the First Judicial District which encompasses Southeast Alaska, talked about that on Action Line. Under the most recent Chief Justice s order which was released on February 8, beginning on March 15,  the presiding judge of each district can allow in-person criminal jury trials upon request if doing so is consistent with public health, she said.   Otherwise, the trials are going to remain suspended until about April 19, but the chief justice has also built in a continuing review process so that date will be reconsidered sometime the end of February.

Court hears more arguments from Tribe, State over herring fishery

Court hears more arguments from Tribe, state on herring fishery Posted by Katherine Rose | Jan 20, 2021 2019: STA employees sorted and weighed a 700 pound truckload of herring eggs on hemlock branches to distribute to Sitka elders. (KCAW/ Enrique Pérez de la Rosa) A Juneau Superior Court judge will decide whether the state has met its constitutional obligation for subsistence, in the management of the Sitka Sound Sac Roe Herring Fishery. The court heard oral arguments on January 14 from attorneys representing the Sitka Tribe of Alaska, the state, and commercial fishing interests. The outcome could give Sitka’s Indigenous population a larger role in determining how herring are shared among user groups in the future. 

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