By DONN LISTON & Jessica Pleasant
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Alaskans are no Strangers to this Cancer
Proposed legislation introduced by Juneau legislator Sara Hannan last session, considers new protections for public officials who violate Alaskans in their official positions. Watch for it to return in some version in the next session. Previously, ordinary Alaskans could appeal directly to an Independent Grand Jury under the AK Constitution for relief from wrongdoing by appointed officials like judges.
From the AK Constitution:
AK public officials are now protected from independent citizen Grand Jury scrutiny as a result of a Supreme Court-legislated order declared in cahoots with the Dunleavy-appointed Attorney General. It’s unconstitutional and a vehicle for corruption. In fact a majority of the court has been appointed by Dunleavy and he stands to also appoint the Chief Justice before leaving office in November.
[1] AK Supreme Court Order 1993 adopted November 29, 2022.
To legitimize this arbitrary and capricious act, the court has found a Juneau friend to propose legislation to validate the scam.
[2] HB 7 Short Title: Office of Administrative Hearings
Background: Since statehood in 1959 the State of Alaska has been a circus and fairgrounds for officials within State government. Citizens can feel they are enemies of their own State. Previous articles on this website have described how AK Supreme Court Order 1993 circumvents intent of the founders for accountability of public officials. A grassroots Alaska Grand Jury Association has been fighting against new authorities given to the governor-appointed AK Attorney General (AG) and approved prosecutors. These new powers include the DA serving a role similar to what a union business agent might serve for dues-paying members in some 11 unionized SOA bargaining units; duties such as advising of rights under the Collective Bargaining Agreement, refusing requests for information before a grand jury for something that harmed an Alaskan, or demonstrated gross incompetence in an appointed position, like judge.
Who is Going to Take it to the Next Level?
Alaska House Bill 7 (HB 7) is an effort to further bolster diversion from the founder’s intent in this regard. This is legislation to validate an illegal court order.
[3] Alaska Courts Promote Viewpoint Discrimination, Jessica Pleasant, April 13, 2024
SCO 1993 changed Criminal Rule 6.1, preventing Alaska’s 35-year judicial investigator Marla Greenstein from accountability, changing the law for acts she did only days before her subpoenaed testimony before a grand jury. This was an extraordinary act of protection of a state employee. Under this proposed legislation Greenstein would be considered a protected administrative judicial officer.
Judges are appointed by the governor and stand for elections every 5 years. That’s their due process. Rather than use the DA to silence Alaskans against potential or actual corruption, HB 7 attacks grand jury investigations!
No Investigation, No Crime
HB 7’s short title is:
An Act relating to the office of administrative hearings; relating to the types of proceedings handled by the office of administrative hearings; relating to the entities that may use the services of the office of administrative hearings; relating to the duties of the chief administrative law judge, including the power to hire professional staff; relating to the qualifications and powers of administrative law judges, including subpoena power; relating to the compensation of the chief administrative law judge; relating to complaints against administrative law judges and hearing officers; relating to reimbursement for costs incurred by the office of administrative hearings; relating to procedures for requesting and conducting proceedings of the office of administrative hearings; and providing for an effective date.
Building an AK Haven for Corruption
HB 7 appears tailored to respond to public dissatisfaction with the courts and the appearance of corruption in state government. This dissatisfaction led to the creation of the Alaska Grand Jury Association against SCO 1993. HB 7 shows all the signs of a typical insular Backwater Juneau scheme creating laws to avoid government accountability for The Beautiful People.
Alaska Grand Jury Association
[4] Combating Corruption and Promoting Good Governance, US Department of State
David Haeg presents demand to the Kenai Court for Investigation into Marla Greenstein, administrator of the Alaska Commission on Judicial Conduct protecting corrupt judges since when the EXXON Valdez tanker caused the Prince William Sound oil spill (1989). Witnesses were Don Fritz, Holly Sheldon Lee, Ed Martin and Garrett Ennis.
[5] Why Prosecutors are Afraid of Grand Juries, DONN LISTON, March 16, 2024
The proposed bill adds terms, such as, entity, professional staff and other proceedings to expand the statute’s language in application and install more SOA workers in the capital city. These terms can be subjective. Situations can be finessed to fit the statutes and access to the state workers performing these functions limited for most Alaskans.
Pursuant to proposed AS 44.64.030(b), an agency or entity may request the office conduct an administrative hearing; arbitration, or alternative dispute resolution [OR OTHER] proceedings under statutes or ordinances not listed in (a) of this section. Under this law a grand jury may request records from a disciplinary hearing, but are told a judge can’t go before a hearing because their crime was over three years ago.
The New Cloud of Bureaucracy
Most concerning for knowledgeable Alaskans concerned about AK Corruption is the Amendment to AS 44.64.050(c) to focus on due process of accused officials. When determining an argument, one should approach cases from both parties’ perspective. Changes for wrongdoing by public officials will now have a statute of limitations against any judge proved to have perjured themselves but are living on their fat State retirement someplace like Homer, AK. If passed and signed into law a judged accused of violations will be able to claim protection under AS 44.64.050(c)(1):
As proposed:
The complaint alleges a violation that occurred:
(A) not more than three years before the complaint was filed; or
(B) in connection with an adjudication or other proceeding, and the complaint was filed not more than two years after Conclusion of the Adjudication or other proceeding, including resolution of an appeal.
The bill goes on to make Alaskan’s choose if they want to recover damages or have an agency (like the Office of Children Services) investigated. This could be considered “unconstitutional conditions” forced upon Alaskans but the lawyers at Legislative Legal apparently believe this Sophies Choice* is acceptable.
*Instructional Note: Sophie’s choice refers to an extremely difficult decision a person has to make. It describes a situation where no outcome is preferable over the other. This can be either because both outcomes are equally desirable or both are equally undesirable. (Protect incompetence or fix the institution.)
Alaskans the Fools
These changes within HB 7 will only make the process for grand jury investigations more difficult. This bill must not be allowed to shut down grand jury investigations to be replaced by administrative hearings. With these Amendments, citizens must decide if they want a grand jury investigation or make a claim for damages caused by the government. This is an underhanded way of creating unconstitutional Conditions: the State makes you choose between designated constitutional rights.
Setup to Frustrate Demands for Accountability
Under the amendment to AS 44.64.060(d), the approval of the chief administrative law judge any administrative law judge may stay a proceeding to allow related criminal prosecutions or civil litigation to proceed first. The running of the 120 day deadline under this subsection is suspended during a stay.
A statute of limitations is the time after an injury that one may seek damages against a public official. These dates vary from state to state. Generally, the statute of limitations are two or three years. Proposed amendments will hinder a person seeking damages at the same time as a judicial complaint.
[6] Project on Government Oversite
A previous AK Legislator from North Pole recognized the crisis created by an Office of Children’s Services damaging families. Rep. Tammie Wilson did manage to get a Grand Jury Investigation into the situation, but even the testimony submitted to her as evidence by harmed parents disappeared when Wilson was made a special assistant at AK department of Health & Social services by Gov. Michael Dunleavy.
| Wilson, Tammie Program Coordinator | Family and Community Services DSS-Commissioner’s Office | (907)451-5930 [email protected] |
[7] OCS Crisis; Parents are Pursuing Accountability
Justice is not the Mission of AK Courts
Serving the Executive Branch
Powers and Duties of Chief Administrative Law Judges include, but are not limited to:
· Supervision, training and employing staff.
· Presiding over hearings and proceedings.
· “Protect, support, and enhance the decisional independence of the administrative law judges.
· Monitor quality
· Advise on legislation
New powers are given to the Governor’s DA under AS 44.64.020(b) outlined in SCO 1993. Previously the DA didn’t have legislative authority to prevent evidence getting to a grand jury. Now the DA has final decision whether a case goes before the grand jury and has final decision whether a subpoena against an official is served. (6)
As 44.64.020(b)(2), the chief administrative law judge will “ensure respect for the privacy and dignity of the individuals whose cases are being adjudication and protect them from threats, intimidation and harassment.”
[9] Alaskans Deserve to Elect our Attorney General, DONN LISTON, June 2, 2024
Concerns about this legislation may be addressed to Rep. Hannan. She began her legislative career in 2019, at the same time Revelations of criminal conduct by Judge Murphy caused Public Concerns about Office of Children’s Services (OCS) abuse have festered for decades.
References:
[1] AK Supreme Court Order 1993 adopted November 29, 2022.
https://acrobat.adobe.com/id/urn:aaid:sc:US:b7a9dbd6-1c06-4ced-ab35-943bed14ce93
[2] HB 7 Short Title: Office of Administrative Hearings
https://www.akleg.gov/basis/Bill/Detail/33?Root=HB%20%20%207#tab1_4
[3] Alaska Courts Promote Viewpoint Discrimination, Jessica Pleasant, April 13, 2024
https://donnliston.net/2024/04/alaska-courts-promote-viewpoint-discrimination/
[4] Combating Corruption and Promoting Good Governance, US Department of State
https://www.state.gov/combating-corruption-and-promoting-good-governance/
[5] Why Prosecutors are Afraid of Grand Juries, DONN LISTON, March 16, 2024
https://donnliston.net/2024/03/why-ak-prosecutors-are-afraid-of-grand-juries/
[6] POGO-Exposing Corruption and Preventing Abuse of Power
https://www.pogo.org/issue/exposing-corruption-and-preventing-abuse-of-power
[7] OCS Crisis; Parents are Pursuing Accountability
https://donnliston.net/2022/11/alaska-ocs-crisis-parents-pursuing-accountability/
[9] Alaskans Deserve to Elect our Attorney General, DONN LISTON, June 2, 2024
https://donnliston.net/2024/06/why-alaskans-deserve-to-elect-our-state-ag/
