Alaska Supreme Court Decisions
After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. While its central location is in Anchorage, where it hears arguments monthly, the Alaska Supreme Court also hears arguments in Fairbanks, Juneau, and other locations less regularly. Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided.
The Alaska Supreme Court must review any appeal of a civil case in an Alaska Superior Court or a decision made by an administrative agency. The Court may hear an appeal of a criminal case if the lower court certifies that it involves an issue of substantial public interest or a significant question of constitutional law. Other matters that the Alaska Supreme Court may review include non-final decisions by lower courts in civil and criminal cases, attorney disciplinary issues, and state law questions that arise in a case in a federal court.
The Alaska Supreme Court consists of five justices. When a position needs to be filled, the Alaska Judicial Council will compile a list of nominees, from which the Governor of Alaska must choose the new justice within 45 days. To be eligible for nomination, a candidate must be a U.S. citizen, a resident of Alaska for the last five years, licensed to practice in Alaska, and an actively practicing attorney for the last eight years. Once a justice has been selected, they will serve for at least three years, and then Alaska citizens will vote on whether the justice should be retained. After this initial election, each justice will go through another retention election every 10 years. A justice can be removed by being impeached by two-thirds of the Alaska Senate and convicted by two-thirds of the Alaska House of Representatives. They also can be removed, suspended, or censured at the discretion of the Supreme Court, based on a recommendation by the Alaska Commission on Judicial Conduct.
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Recent Decisions From the Alaska Supreme Court
Date: April 16, 2021
Docket Number: S-17106
Justia Opinion Summary: A patient sued a hospital, arguing the hospital violated the Alaska Health Care Decisions Act (HCDA) when it temporarily assumed decision-making authority over his medical care while he was incapacitated and treated him...
Date: April 16, 2021
Docket Number: S-17634
Justia Opinion Summary: An Alaska State Commission for Human Rights (State) employee with preexisting medical conditions was involved in a work-related motor vehicle accident in January 2017. The employee consulted with Dr. Teresa Bormann two d...
Date: April 14, 2021
Docket Number: S-17670
Date: April 9, 2021
Docket Number: S-17500
Justia Opinion Summary: PLC, LLC and its co-party MH2, LLC (collectively PLC) held an overriding royalty interest in an Alaska oil and gas lease in the Ninilchik Unit. The unit operator applied to expand a subset of that unit called the Falls C...
Date: April 9, 2021
Docket Number: S-17669
Justia Opinion Summary: Homer, Alaska's Advisory Planning Commission (the Commission) approved a conditional use permit for the owners of a bicycle shop seeking to expand their entryway and install a covered porch. An objecting Homer resident a...
Date: April 2, 2021
Docket Number: S-17157
Justia Opinion Summary: Members of the plaintiff class were former Alaska State employees. When they enrolled in the State employee retirement system, a statute provided that if they left eligible employment, withdrew their contributions to the...
Date: April 2, 2021
Docket Number: S-17546
Justia Opinion Summary: For years, a municipality issued, and sought reimbursement for, construction bonds that did not satisfy the equal payments requirement of Alaska's school debt reimbursement program, and the Department of Education and Ea...
Date: April 2, 2021
Docket Number: S-17797
Justia Opinion Summary: The Alaska Office of Children’s Services (OCS) took custody of three Indian children after reports of substance abuse and domestic violence in their mother’s home. For two years OCS was unable to contact the children’s f...
Date: March 26, 2021
Docket Number: S-17573
Justia Opinion Summary: Debra Wilson and David Aubert married in September 2007. They separated ten years later, in June 2017. They had no children together, but each had adult children from prior marriages. Debra filed for divorce in July 2017...
Date: March 17, 2021
Docket Number: S-17601
Date: March 17, 2021
Docket Number: S-17626
Date: March 12, 2021
Docket Number: S-17496
Justia Opinion Summary: The State of Alaska claimed the right under Revised Statute 2477 (RS 2477) to clear land and permit the use of boat launches, camping sites, and day use sites within an alleged 100-foot right of way centered on a road on...
Date: March 12, 2021
Docket Number: S-17517
Justia Opinion Summary: A project developer that used state-allocated federal tax credits for a low-income housing project sued the state housing authority, asserting an option to eliminate a contractual obligation to maintain the project as lo...
