Misplaced Pages

#111888

130-397: Alaska has four levels of state courts : The district courts are the primary misdemeanor trial courts , the superior courts are the primary felony trial courts although they also sometimes hear appeals from the district courts, and the supreme court and the court of appeals are the primary appellate courts . Alaska is separated into 4 judicial districts. The Alaska Supreme Court

260-696: A Missouri Plan merit selection system for judges and justices. The governor appoints a justice or judge from a list of qualified candidates submitted by the Alaska Judicial Council . The governor has 45 days from receipt of the list to make the appointment. All judges and justices in Alaska must stand for judicial retention elections (approval by the voters) on a nonpartisan ballot at the first statewide general election held more than three years after appointment (two for District Court judges), and periodically thereafter. Magistrates are appointed by

390-488: A defendant in a criminal case who appeals from district court to superior court can ask the court of appeals to review the resulting decision of the superior court, but the court of appeals may, in its discretion, refuse to hear the appeal. The Alaska superior courts are the trial courts of general jurisdiction . The court hears appeals from the district court. The Alaska district courts are lower trial courts that can hear misdemeanor criminal cases and civil cases where

520-413: A high school diploma or higher with 36.1% having a Bachelor's degree or higher. 8.4% of the population under the age of 65 had a disability with 11.1% of the same age group having no health insurance . 68.5% of the population were in the civilian labor force. The median household income was $ 84,928 and the per capita income from May 2019–April 2020 was $ 41,415. The poverty rate was 9.5%. According to

650-422: A jury , although most matters stop short of reaching trial. The decisions of lower courts may be reviewed by a panel of a state court of appeals . Generally, there is also a highest court for appeals, a state supreme court , that oversees the court system. In matters that involve issues of federal law, the final decision of the state's highest court (including refusals to hear final appeals) may be appealed to

780-480: A civil case, an agreed resolution settling the case or plea bargain resolving a criminal case, or pretrial resolution of the case by a judge either on the merits or on procedural grounds. Although the United States is supposedly a highly litigious society, very few cases actually go to a jury verdict and a final judgment , let alone an appeal that results in a published appellate opinion. In other words,

910-701: A conviction in a habeas corpus proceeding after all state court remedies (usually including a state court habeas corpus proceeding) have been exhausted. Some rights of criminal defendants that apply in federal court do not exist in state court. For example, in many states there is no constitutional right to be indicted by a grand jury before facing a criminal prosecution for a felony or infamous misdemeanor. Oregon does not require unanimous juries in non-capital criminal cases. Unlike non-criminal cases, criminal proceedings in state courts are primarily conducted orally, in person, in open court. In most, but not all states ( California and New York are significant exceptions),

1040-472: A county-based court. If one of the litigants is unsatisfied with the decision of the lower court, the matter may be taken up on appeal (but an acquittal in a criminal trial may not be appealed by the state due to the Fifth Amendment protection against double jeopardy ). Usually, an intermediate appellate court, if there is one in that state, often called the state court of appeals, will review

1170-488: A frost-free growing season that averages slightly over 101 days. According to local folklore, when a native plant called fireweed goes to seed after a full bloom, the first snowfall of winter is 6 weeks away. Average January low and high temperatures at Ted Stevens Anchorage International Airport (ANC) are 11 to 23 °F (−12 to −5 °C) with an average winter snowfall of 75.5 in (192 cm). The 2011–2012 winter had 134.5 in (341.6 cm), which made it

1300-448: A handful of federal laws under which lawsuits can be pursued only in state court, such as those arising under the federal "junk fax" law. There have been times in U.S. history where almost all small claims, even if they arose under federal law, were required to be brought in state courts. State court systems usually have expedited procedures for civil disputes involving small dollar amounts (typically under $ 5,000 to $ 25,000 depending upon

1430-552: A judge. The judiciary is not a separate profession in the American legal system as it is in many civil law jurisdictions. While in many civil law jurisdictions a common judicial career involves an entry-level assignment in an inferior court followed by promotions to more senior courts over the course of a career, no U.S. court system makes experience in an inferior judicial position a prerequisite to higher judicial office. While many countries consider criminal prosecutors to be part of

SECTION 10

#1732771979112

1560-453: A jury trial in cases that would arise at law in colonial England, which generally includes most cases seeking simple money damages and no other relief. In practice, about three-quarters of all civil jury trials involved personal injury cases, and most of the rest involve breaches of contracts. In states where a state constitution provides for a right to a jury trial, or a right to open courts, this has sometimes been interpreted to confer not only

1690-403: A nearly $ 1 billion bond issue to fund construction of the new capitol building and related facilities ($ 4 billion in 2023 dollars). . Later attempts to move the capital or the legislature to Wasilla , north of Anchorage, also failed. Anchorage has over twice as many state employees as Juneau, and is to a considerable extent the center of Alaska's state and federal government activity. Anchorage

1820-528: A new influx of prospectors, and small towns such as Spenard, Hope, Rainbow, Bird, Indian, and Girdwood began to spring up. Alaska became an organized incorporated United States territory in 1912. Anchorage, unlike every other large town in Alaska south of the Brooks Range , was neither a fishing nor mining camp. The area surrounding Anchorage lacks significant economic metal ores. A number of Dena'ina settlements existed along Knik Arm for years. By 1911

1950-581: A non-U.S. name, marriage and divorce related name changes are normally handled elsewhere). A large share of the balance of civil cases in courts of general jurisdiction involve divorces, child custody disputes, child abuse cases, uncontested probate administrations, and personal injury cases that do not involve workplace injuries (which are usually handled through a non-judicial workers' compensation process). Many state court civil cases produce quick default judgments or pretrial settlements, but even considering only cases that actually go to trial, state courts are

2080-513: A place he called "Anchor Point" (later named "Anchorage" as another Anchor Point existed to the south near Homer, Alaska ), near a creek he dubbed "Ship Creek" nestled between two large arms (waterways). Cook spent ten days exploring the inlet named after him. He first sent William Bligh to scout the north arm, where he met with the Dena'ina Natives of the Eklutna area, who told him the name of

2210-435: A plaintiff can bring a matter either to state court or to federal court, because it arises under federal law, or involves a substantial monetary dispute (in excess of $ 75,000 as of October 26, 2007) arising under state law between parties that do not reside in the same state. If a plaintiff files suit in state court in such a case, the defendant can remove the case to federal court . There is no federal constitutional right to

2340-469: A private party to pursue a claim for a small dollar amount. Unlike state courts, federal courts are courts of "limited jurisdiction", that can only hear the types of cases specified in the Constitution and federal statutes (primarily federal crimes, cases arising under federal law, cases with a United States government party, and cases involving a diversity of citizenship between the parties). Often,

2470-406: A procedural right to a certain type of trial, but also a substantive right to have redress through the courts for the kinds of injuries that were compensable at common law. Prior to trial, most proceedings in non-criminal courts are conducted via papers filed in the court, often through lawyers. In limited jurisdiction courts, it is not uncommon for an initial appearance to be made in person at which

2600-547: A railroad-construction port for the Alaska Engineering Commission . The area near the mouth of Ship Creek , where the railroad headquarters was, quickly became a tent city . Anchorage formed at a time when proponents of Prohibition were gaining traction, and as part of an effort to stem the flow of the alcohol trade, at the direction of President Woodrow Wilson and with the symmetry of the US Army,

2730-569: A request for relief from the state's highest appellate court, if the Court believes that the case involves an important question of federal law. Because of the aforementioned silence in the Constitution (as well as Section 25 of the Judiciary Act of 1789 and successor sections), the Court cannot and never reviews decisions of state courts that depend entirely on the resolution of a state law issue; there must be an issue of federal law (such as

SECTION 20

#1732771979112

2860-690: A result of the strict separation of powers imposed by the United States Constitution . Instead, at both the federal and state levels, administrative law judges (ALJs) preside over tribunals within executive branch agencies (although their decisions can usually be appealed to real judges in the judicial branch). In state governments, ALJs handle matters such as driver's license revocations, workers' compensation claims, unemployment insurance claims, and land use disputes. All these courts are distinguished from courts of general jurisdiction (also known as "superior jurisdiction"), which are

2990-688: A separate court that handles serious crimes; jurisdiction lies with the court that handles all other felony cases in a given county. But, many state courts that handle criminal cases have separate divisions or judges assigned to handle certain types of crimes such as a drug court , sometimes also known as a "problem-solving court". Courts of general jurisdiction tend to be better funded, better staffed, more professional, more dignified, and more solemn than courts of limited jurisdiction. They also tend to have jurisdiction over larger geographical areas and more people. A few states like California have unified all courts of general and inferior jurisdiction to make

3120-434: A settlement is often reached. In general jurisdiction state courts, it is not uncommon for all pre-trial matters to be conducted outside the court, with attorneys negotiating scheduling matters, pre-trial examinations of witnesses taking place in lawyer's office through depositions , and a settlement conference conducted by a private mediator at the mediator's office. As of 2019, about 1,255,689 people currently behind bars in

3250-657: A significant amount of general aviation traffic. Elmendorf Air Force Base and the United States Army's Fort Richardson were constructed in the 1940s, and served as the city's primary economic engine until the 1968 Prudhoe Bay discovery shifted the thrust of the economy toward the oil industry. The Good Friday earthquake of March 27, 1964, hit Anchorage hard at a magnitude of 9.2, killing 115 people and causing $ 116 million in damages ($ 750 million in 2023 dollars). The earth-shaking event lasted nearly five minutes; most structures that failed remained intact for

3380-505: A single court). Courts are described below in the plural when they are defined by state law as a set of separate courts, each exercising jurisdiction only over a specifically defined territory within the state. In some states, the number of county-based courts does not exactly match the number of actual counties in the state. This occurs when a single court has jurisdiction over more than one county. Anchorage, Alaska Anchorage ( Tanaina : Dgheyay Kaq'; Dgheyaytnu ), officially

3510-466: A site closer to Anchorage. The motivation is straightforward: the "railbelt" between Anchorage and Fairbanks contains most of Alaska's population. Robert Atwood, owner of the Anchorage Times and a tireless booster for the city, championed the move. Alaskans rejected attempts to move the capital in 1960 and 1962, but in 1974, as Alaska's center of population moved away from Southeast Alaska and to

3640-516: A substantial presence in the city, most notably Arctic Slope Regional Corporation and CH2M Hill . Four small airlines, Alaska Central Express , Era Aviation , Hageland Aviation Services , and PenAir , are headquartered in Anchorage. Alaska Airlines (at one point headquartered in Anchorage, but now headquartered in the Seattle area), has major offices and facilities at TSAIA, including

3770-714: A third wave around 2,000 years ago. Around 500 AD the Chugach Alutiiq were displaced by the arrival of Dena'ina Athabaskans , who entered through the mountain passes. The Dena'ina had no fixed settlements, migrating throughout the area with the seasonal changes, fishing along coastal streams and rivers in the summer, hunting moose, mountain goats, and Dall sheep in early fall, and picking berries in late fall. They tended to winter near trading junctions along common travel routes, where they traded with other Dena'ina and Ahtna tribes from nearby areas. Captain James Cook

3900-525: A town site was mapped out on higher ground to the south of the tent city, with the condition that a person's land could be repossessed if caught breaking the alcohol laws. Anchorage has been noted in the years since for its order and rigidity compared with other Alaska town sites. In 1915, territorial governor John Franklin Alexander Strong encouraged residents to change the city's name to one that had "more significance and local associations". In

4030-479: A trial by jury in a state civil case under the Seventh Amendment to the United States Constitution , and not all states preserve a right to a civil jury in either their state constitution or state statutes. In practice, however, civil jury trials are available, generally on a similar basis to their availability in federal court, in every state except Louisiana . In these states, there is a general right to

Judiciary of Alaska - Misplaced Pages Continue

4160-494: Is a conflict between federal and state law, state courts are not subordinate to federal courts. Rather, as instruments of separate sovereigns (under the U.S. system of dual sovereignty), they are two parallel sets of courts with different but often overlapping jurisdiction. As the U.S. Supreme Court recognized in Erie Railroad Co. v. Tompkins (1938), no part of the federal Constitution actually grants federal courts

4290-411: Is another way to illustrate the relative size of the two criminal justice systems. In Colorado, in 2002, there were approximately 40 criminal trials in federal court, and there were 1,898 criminal trials (excluding hundreds of quasi-criminal trials in juvenile cases, municipal cases and infraction cases) in state courts, so only about 2% of criminal trials took place in federal court. Most jury trials in

4420-483: Is composed of 3 judges appointed by judges, 3 lawyers appointed by the Alaska Bar Association, and 3 citizens appointed by the governor and confirmed by the legislature. In addition, the office of the clerk of the appellate courts supports the work of the supreme court and the court of appeals. The clerk is required to be an attorney. The clerk's responsibilities include monitoring the caseflow through

4550-403: Is distinct from the ordinary federal court system. State trial courts are usually located in a courthouse , which is often in the county seat . Even when state trial courts include more than one county in a judicial district, it is not uncommon for the state trial court to hold regular sessions at each county seat in its jurisdiction and function from the point of view of litigants as if it were

4680-683: Is in Southcentral Alaska . At 61 degrees north , it lies slightly farther north than Oslo , Stockholm , Helsinki and Saint Petersburg , but not as far north as Reykjavík or Murmansk . It is northeast of the Alaska Peninsula , Kodiak Island , and Cook Inlet , due north of the Kenai Peninsula , northwest of Prince William Sound and the Alaska Panhandle , and nearly due south of Denali . The city

4810-409: Is no death penalty under state law, but the federal government rarely utilizes this right. Many rights of criminal defendants in state courts arise under federal law, but federal courts only examine if the state courts applied those federal rights correctly on a direct appeal from the conviction to the U.S. Supreme Court, after state court direct appeals have been exhausted, or in a collateral attack on

4940-544: Is on a strip of coastal lowland and extends up the lower alpine slopes of the Chugach Mountains . Point Campbell, the westernmost point of Anchorage on the mainland, juts out into Cook Inlet near its northern end, at which point it splits into two arms . To the south is Turnagain Arm, a fjord that has some of the world's highest tides. Knik Arm, another tidal inlet, lies to the west and north. The Chugach Mountains on

5070-508: Is that such subordinate entities generally have original jurisdiction over lawyer admissions and discipline, nearly all de facto lawyer regulation takes place through such entities, and the state supreme court becomes directly involved only when petitioned to not ratify the decisions made by some subordinate entity in its name. Although the United States Constitution and federal laws override state laws where there

5200-609: Is the state supreme court . The supreme court is composed of the chief justice and four associate justices . They choose one of their own members to serve a three-year term as chief justice. The decisions of the Alaska Supreme Court are binding on all other Alaska state courts , and the only other courts that may reverse or modify those decisions are the United States federal courts . The Supreme Court hears appeals from lower state courts and also administers

5330-545: Is the world's fourth busiest airport for cargo traffic, surpassed only by Memphis , Hong Kong , and Shanghai Pudong . This traffic is strongly linked to Anchorage's location along great circle routes between Asia and the lower 48. In addition, the airport has an abundant supply of jet fuel from in-state refineries in North Pole and Kenai . This jet fuel is transported to the Port of Anchorage , then by rail or pipeline to

Judiciary of Alaska - Misplaced Pages Continue

5460-489: Is usually limited to less serious offenses. Federal crimes on federal property in a state are often defined with reference to state criminal law. Federal courts disproportionately handle white-collar crimes , immigration-related crimes and drug offenses (these crimes make up about 70% of the federal docket, but just 19% of the state court criminal docket). Federal courts have the power to bring death penalty charges under federal law, even if they arise in states where there

5590-434: The de jure primary regulatory body for all lawyers in their state and determine who can practice law and when lawyers are sanctioned for violations of professional ethical rules, which are generally also put in place as state court rules. In all states, such powers have been delegated either to the state bar association or various committees, commissions, or offices directly responsible to the state supreme court. The result

5720-656: The Alaska Center for the Performing Arts is a three-part complex that hosts numerous performing arts events each year. The facility can accommodate more than 3,000 people. In 2000, nearly 245,000 people visited 678 public performances. It is home to eight resident performing arts companies and has featured mega-musicals performed by visiting companies. The center also hosts the International Ice Carving Competition as part of

5850-541: The Alaska Department of Fish and Game has to kill some individual aggressive moose in the city every year. Dall sheep are often viewed quite close to the road at Windy Point. Approximately thirty northern timber wolves reside in the Anchorage area. In 2007, several dogs were killed by timber wolves while on walks with their owners. There are also beaver dams in local creeks and lakes, and sightings of foxes and kits in parking lots close to wooded areas in

5980-477: The Alaska North Slope and south of Anchorage around Cook Inlet , the majority of offices and administration are found in Anchorage. The headquarters building of ConocoPhillips Alaska , a subsidiary of ConocoPhillips , is in downtown Anchorage. It is also the tallest building in Alaska . Many companies who provide oilfield support services are likewise headquartered outside of Anchorage but maintain

6110-662: The Alaska North Slope , and the resulting oil boom spurred further growth in Anchorage. In 1975, the City of Anchorage and the Greater Anchorage Area Borough (which includes Eagle River , Girdwood , Glen Alps, and several other communities) merged into the geographically larger Municipality of Anchorage The city continued to grow in the 1980s, and capital projects and an aggressive beautification campaign took place. Several attempts have been made to move Alaska's state capital from Juneau to Anchorage, or to

6240-779: The American Bar Association with minor modifications. A minority of states, however, have idiosyncratic procedural rules, often based on the Field Code in place in many states before the Federal Rules of Civil Procedure were adopted. Importantly, neither California nor New York state follow federal models. Typically, state trial courts of limited jurisdiction have generally similar rules to state trial courts of general jurisdiction, but are stripped of rules applicable to special cases like class actions and many pretrial procedures (such as out-of-court discovery in

6370-766: The Bank of America Center (which it renamed the Robert B. Atwood Building ) to house most of its offices, after several decades of leasing space in the McKay Building (now the McKinley Tower ) and later the Frontier Building. The resource sector, mainly petroleum, is arguably Anchorage's most visible industry, with many high-rise buildings bearing the logos of large multinationals such as Hilcorp and ConocoPhillips . While field operations are centered on

6500-528: The Fur Rendezvous festival in February. The Anchorage Concert Association brings 20 to 30 events to the community each year, including Broadway shows like Disney 's The Lion King , Les Misérables , Mamma Mia! , The Phantom of The Opera , West Side Story , and others. The Anchorage Chamber Music Festival draws international guest artists and faculty to perform a summer concert series, and teach

6630-737: The Knik Arm and that it was not the Northwest Passage, but rather an outlet for two rivers (the Knik and Matanuska Rivers ). Cook then sailed south to scout the other arm, and in a bad mood after running the Resolution aground on a sandbar on his way back out of the shallow waters, called it "River Turnagain", having found no sign of the passage there either. In the 19th century, Russian presence in South-Central Alaska

SECTION 50

#1732771979112

6760-520: The Municipality of Anchorage , is the most populous city in the U.S. state of Alaska . With a population of 291,247 at the 2020 census , it contains nearly 40 percent of the state's population. The Anchorage metropolitan area , which includes Anchorage and the neighboring Matanuska-Susitna Borough , had a population of 398,328 in 2020, accounting for more than half the state's population. At 1,706 sq mi (4,420 km ) of land area,

6890-511: The Swedish -born general manager of the railroad for nearly two decades, became a symbol of residents' contempt due to the firm control he maintained over the railroad's affairs, which by extension became control over economic and other aspects of life in Alaska. Between the 1930s and the 1950s, the city experienced massive growth as air transportation and the military became increasingly important. Aviation operations in Anchorage commenced along

7020-427: The U.S. Senate serving life terms of office, the vast majority of states have some judges who are elected, while some judges are appointed. The methods of judicial appointment vary widely. The American habit of electing state court judges originates with Alexander Hamilton and Federalist No. 78 , in which Hamilton brought about a fundamental reconceptualization of the idea of separation of powers with respect to

7150-486: The United States Supreme Court (which also has the discretion to refuse to hear them). Cases in state courts begin in a trial court where lawsuits and criminal cases are filed and evidence is eventually presented if a case proceeds to a hearing or trial. Trials in these courts are often held only after extensive pretrial procedures that in more than 90% of cases lead to a default judgment in

7280-523: The reported case law studied in American law schools does not reflect the way the vast majority of cases are handled and resolved—by "bargain[ing] [in the] shadow of the law ". Territory outside of any state in the United States, such as the District of Columbia or American Samoa , often has a court system established under federal or territorial law which substitutes for a state court system and

7410-553: The snowiest winter on record, topping the 1954–1955 winter with 132.8 in (337.3 cm). The coldest temperature ever recorded at the original weather station at Merrill Field on the East end of 5th Avenue was −38 °F (−38.9 °C) on February 3, 1947. Summers are mild (although cool compared to the contiguous US and even interior Alaska ), and it can rain frequently, although not abundantly. Average July low and high temperatures are 52 to 66 °F (11 to 19 °C) and

7540-451: The 2010 census, Anchorage had a population of 291,826 and its racial and ethnic composition was as follows: According to the 2010 census, the largest national ancestry groups were as follows: 17.3% German , 10.8% Irish , 9.1% English , 6.9% Scandinavian (3.6% Norwegian , 2.2% Swedish , 0.6% Danish ) and 5.6% French / French Canadian ancestry. According to the 2010 American Community Survey, approximately 82.3% of residents over

7670-414: The 2020 census, Anchorage had 291,247 people. Racial makeup was 63.8% White (57.1% were non-Hispanic or Latino), 10.0% Asian, 9.1% American Indian or Alaska Native, 6.0% African American, and 8.4% from two or more races; 9.4% of the people were Hispanic or Latino. The age distribution was 6.9% of the population under the age of 5; 24.0% under 18; 64.3% aged 18–64; and 11.7% aged 65 and up. Males were 50.9% of

7800-442: The Alaska Supreme Court is the administrative head of the Alaska court system. An administrative director is appointed by the chief justice with concurrence of the supreme court. The director supervises the administration of all courts in the state. Rules governing the administration of all courts and the rules of practice and procedure for civil and criminal cases are promulgated by the supreme court. The Alaska legislature may change

7930-463: The City of Anchorage merged with the Greater Anchorage Area Borough, creating the Municipality of Anchorage. The municipal city limits span 1,961.1 sq mi (5,079.2 km ), encompassing the urban core , a joint military base , several outlying communities , and almost all of Chugach State Park . Because of this, less than 10 percent of the Municipality (or Muni) is populated, with

SECTION 60

#1732771979112

8060-489: The Lower 48 have been building new hotels along C Street from International Airport Road to just north of Tudor Road, with two more to open in 2017, making this half-mile stretch of C Street a new "hotel row". From Anchorage people can easily head south to popular fishing locations on the Kenai Peninsula or north to locations such as Denali National Park and Fairbanks . Located next to Town Square Park in downtown Anchorage,

8190-447: The Municipality of Anchorage are Matanuska-Susitna Borough to the north, Kenai Peninsula Borough to the south and Chugach Census Area to the east. The Chugach National Forest , a national protected area , extends into the southern part of the municipality, near Girdwood and Portage . A diverse wildlife population exists within urban Anchorage and the surrounding area. Approximately 250 black bears and 60 grizzly bears live in

8320-546: The United States (roughly five out of six jury trials conducted in any U.S. Court) take place in criminal cases in state courts. State courts do not have jurisdiction over criminal cases arising on Indian reservations even if those reservations are located in their state. Less serious crimes on Indian reservations are prosecuted in tribal courts. A large share of violent crimes that are prosecuted in federal court arise on Indian reservations or federal property , where state courts lack jurisdiction, since tribal court jurisdiction

8450-531: The United States' most tax-friendly city. Archaeological evidence discovered at Beluga Point just south of Anchorage proper, along the Turnagain Arm, suggests that habitation of the Cook Inlet began 5,000 years ago by a group of Alutiiq people who arrived by kayak . As this population moved on, they were followed by a second wave of Alutiiq occupation beginning roughly 4,000 years ago, followed by

8580-843: The United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law . Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply

8710-581: The United States—or 87.7% out of a total of 1,430,805 prisoners—had been convicted in state court for violating state criminal laws, rather than in federal court for violating federal criminal laws. The proportion of criminal cases brought in state court rather than federal court is higher than 87.7% because misdemeanor and petty offense prosecutions are disproportionately brought in state courts and most criminal prosecutions involve misdemeanors and petty offenses. The number of trials conducted in each system

8840-458: The absence of a court order). Most state supreme courts also have general supervisory authority over the state court system. In this capacity they are responsible, for example, for making budget requests and administrative management decisions for the court system as a whole. In most states, such administrative authority has been transferred or delegated to a state judicial council which includes members of lower courts. All state supreme courts are

8970-420: The age of five spoke only English at home. Spanish was spoken by 3.8% of the population; speakers of other Indo-European languages made up 3.0% of the population; those who spoke Asian and Pacific Islander languages at home were 9.1%; and speakers of other languages made up 1.8%. In 2010, there were 291,826 people, 107,332 households and 70,544 families residing in the municipality. The population density

9100-471: The airport. The Port of Anchorage receives 95 percent of all goods destined for Alaska. Ships from Totem Ocean Trailer Express and Horizon Lines arrive twice weekly from the Port of Tacoma in Washington . Along with handling these activities, the port is a storage facility for jet fuel from Alaskan refineries, which is used at both TSAIA and Joint Base Elmendorf-Richardson (JBER). The existing port

9230-509: The amount in controversy is less than $ 100,000. They have historically been Alaska's busiest courts. District court judges also issue arrest warrants and search warrants and handle arraignments , and may also serve as coroners , hold inquests , and record vital statistics. In 1992 there were 17 statewide. Magistrates may issue writs, marriage licenses, summonses, arrest and search warrants, and notarizations. They may also handle preliminary proceedings in criminal cases. The chief justice of

9360-412: The appellate burden on the supreme court, the legislature created a court of appeals. State court (United States) ( Alabama to Missouri , Montana to Wyoming ) [REDACTED] [REDACTED] In the United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state . State courts handle the vast majority of civil and criminal cases in

9490-533: The area. Bears are regularly sighted within the city. Moose are also a common sight; in the Anchorage Bowl, there is a summer population of approximately 250 moose, increasing to as many as 1,000 during the winter. They are a hazard to drivers, with over 100 moose killed by cars each year. Two people were stomped to death, in 1993 and 1995, in Anchorage. Cross-country skiers and dog mushers using city trails have been charged by moose on numerous occasions;

9620-408: The bench. But a small number of state court judges, particularly in limited jurisdiction trial courts in rural areas or small towns, are nonlawyers, who are often elected to their posts. A disproportionate share of state court judges previously served as prosecutors, or less commonly as criminal defense attorneys or trial lawyers, although no particular background as an attorney is required to serve as

9750-446: The borderline of Dfb , Trewartha Eolo bordering on Dclo ) but with strong maritime influences that lead to a relatively moderate climate, in contrast to the much more continental Fairbanks . Most of its precipitation falls in late summer. Average daytime summer temperatures range from approximately 55 to 78 °F (13 to 26 °C); average daytime winter temperatures are about 5 to 30 °F (−15.0 to −1.1 °C). Anchorage has

9880-443: The branching off of the U.S. Air Force from the U.S. Army following World War II. In a cost-cutting effort initiated by the 2005 BRAC proceedings , the bases were combined. JBER was created, which also incorporated Kulis Air National Guard Base near TSAIA. The combination of these three bases employ approximately 8,500 civilian and military personnel. These individuals along with their families comprise approximately ten percent of

10010-659: The city is the fourth-largest by area in the U.S. Anchorage is in Southcentral Alaska , at the terminus of the Cook Inlet , on a peninsula formed by the Knik Arm to the north and the Turnagain Arm to the south. First settled as a tent city near the mouth of Ship Creek in 1915 when construction on the Alaska Railroad began, Anchorage was incorporated as a city in November 1920. In September 1975,

10140-407: The city's police chief, was instrumental in Anchorage's relief and recovery efforts as she coordinated response efforts, connected urgent needs with available resources, disseminated information of available shelters and food sources, and passed messages among loved ones over the air, reuniting families. Because the city and surrounding suburban area was built on top ground consisting of glacial silt,

10270-531: The city. The clean-up of ash resulted in excessive demands for water and caused major problems for the Anchorage Water and Wastewater Utility. The average temperature of the sea ranges from 35.8 °F (2.1 °C) in February to 53.1 °F (11.7 °C) in August. Anchorage first appeared on the 1920 U.S. Census. It incorporated that same year and in 1975 it was consolidated with its borough. At

10400-528: The court of appeals is selected from among the three by the chief justice of the supreme court to serve a two-year term. The court of appeals has jurisdiction to hear appeals from judgments in criminal cases and certain other quasi-criminal cases in which a minor is accused of committing a crime ( juvenile delinquency cases), cases in which prisoners are challenging the legality of their confinement ( habeas corpus and post-conviction relief matters), and cases involving probation and parole decisions. Also,

10530-1031: The court's procedural rules by passing an act expressing its intent to do so by a two-thirds majority of both houses. The Alaska Bar Association is the mandatory association responsible for the admission and discipline process of attorneys and administering the bar examination. It is responsible to the Alaska Supreme Court . It is governed by a board of governors with nine attorneys and three public members. The Alaska Judicial Council nominates judges for vacancies after accepting applications and surveying Alaska Bar Association members to assess each candidate. The Alaska Judicial Council also solicits opinions from Alaska Bar Association members, police officers, and probation officers concerning judges in retention elections and publish recommendations that appear in voter pamphlets. The Alaska Commission on Judicial Conduct makes recommendations regarding disqualification, suspension, removal, retirement, and censure of judges. It

10660-409: The courts in the states and territories of the United States. Listed are the principal trial courts of general jurisdiction, the principal intermediate appellate courts, and the state supreme courts. Courts are described below in the singular when state law defines only one statewide court of that name (whose judges may be assigned to particular counties, circuits, or districts, but still remain part of

10790-541: The courts of inferior jurisdiction were debt collection and eviction cases, while in the court of general jurisdiction, about 60% of all civil cases (other than domestic relations and probate cases) were debt collection, foreclosure, and tax collection cases. A large share of the balance of civil cases in courts of limited jurisdiction involve temporary restraining orders, typically in non-marital domestic relations contexts, and name change petitions (generally for child custody reasons or related to taking an American alternative to

10920-462: The decision of the trial court. If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court and is usually located in or near the state capital . Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in

11050-532: The default type of trial court that can hear any case which is not required to be first heard in a court of limited jurisdiction. Most such cases are civil cases involving large sums of money or criminal cases arising from serious felonies like rape and murder. Typically, felonies are handled in general jurisdiction courts, while misdemeanors and other lesser offenses are handled in inferior jurisdiction courts. Unlike most European courts (in both common law and civil law countries), American state courts do not usually have

11180-625: The dominant forum for civil cases. In Colorado, in 2002, there were 79 civil trials in federal court (41 jury and 38 non-jury), and 5950 civil trials in state court (300 jury and 5650 non-jury). Essentially all probate and divorce cases are also brought in state court, even if the parties involved live in different states. In practice, almost all real property evictions and foreclosures are handled in state court. State courts systems always contain some courts of "general jurisdiction". All disputes which are capable of being brought in courts, arising under either state or federal law may be brought in one of

11310-404: The east form a boundary to development, but not to the city limits, which encompass part of the wild alpine territory of Chugach State Park . The city's sea coast consists mostly of treacherous mudflats . Newcomers and tourists are warned not to walk in this area because of extreme tidal changes and the very fine glacial silt . Unwary victims have walked onto the solid seeming silt revealed when

11440-416: The families of J. D. "Bud" Whitney and Jim St. Clair lived at the mouth of Ship Creek and were joined there by a young forest ranger, Jack Brown, and his bride, Nellie, in 1912. The city grew from its happenstance choice as a site for railroad construction to begin in 1914. The waters near Ship Creek were deep enough for barges and small ships to dock, and under the direction of Frederick Mears , it became

11570-410: The federal constitutional right to due process) implicit in the state case before the Court will even agree to hear it. Since there really is no such issue in the vast majority of state cases, the decision of the state supreme court in such cases is effectively final, as any petition for certiorari to the U.S. Supreme Court will be summarily denied without comment. The following table notes the names of

11700-403: The firebreak south of town (today's Delaney Park Strip ), which residents also used as a golf course . An increase in air traffic led to clearing of a site directly east of town site boundaries starting in 1929; this became Merrill Field , which served as Anchorage's primary airport during the 1930s and 1940s, until Anchorage International Airport superseded it in 1951. Merrill Field still sees

11830-407: The first census. In 1867, U.S. Secretary of State William H. Seward brokered a deal to purchase Alaska from Imperial Russia for $ 7.2 million, or about two cents an acre ($ 129.1 million in 2023 dollars). His political rivals lampooned the deal as " Seward's folly ", "Seward's icebox" and "Walrussia". In 1888, gold was discovered along Turnagain Arm just south of modern-day Anchorage, leading to

11960-539: The first few minutes then failed with repeated flexing. It was the world's fourth-largest earthquake in recorded history . Broadcaster Genie Chance has been credited with holding Anchorage together, as she immediately rushed to the Anchorage Public Safety Building and stayed on the KENI airwaves for almost 24 continuous hours. Chance, effectively designated as the public safety officer by

12090-554: The global north. For this reason, Ted Stevens Anchorage International Airport is a common refueling stop for international cargo flights and home to a major FedEx hub, which the company calls a "critical part" of its global network of services. Anchorage has won the All-America City Award four times: in 1956, 1965, 1984–85, and 2002, from the National Civic League . Kiplinger has named it

12220-412: The highest concentration of people in the 100 square-mile area that makes up the city proper , on a promontory at the headwaters of the inlet, commonly called Anchorage, the City of Anchorage, or the Anchorage Bowl. Due to its location, almost equidistant from New York City , Tokyo , and Murmansk, Russia (straight over the North Pole ), Anchorage lies within 10 hours by air of nearly 90 percent of

12350-432: The highest reading ever recorded was 90 °F (32.2 °C) on July 4, 2019. The average annual precipitation at the airport is 16.63 in (422 mm). Anchorage's latitude causes summer days to be very long and winter daylight hours to be very short. The city is often cloudy during the winter, which further decreases the amount of sunlight experienced by residents. The coldest daily maximum recorded in Anchorage

12480-438: The judicial branch, in the United States, all criminal prosecutors are considered part of the executive branch. The fact that all attorneys admitted to the practice of law are somewhat confusingly called "officers of the court" in U.S. legal practice is a legal fiction that calls attention to the special professional ethical obligations that all lawyers have to the court, and does not mean that all lawyers are employees or agents of

12610-451: The judicial branch. State court judges are typically paid less, have smaller staffs, and handle larger caseloads than their counterparts in the federal judiciary. The foregoing summary is only a very rough generalization. There are a great many "oddities" and "extra wrinkles" from one state court system to the next, although the tendency in most states has been towards rationalization and simplification: "the further back in history one goes,

12740-520: The judicial process more efficient. In such judicial systems, there are still departments of limited jurisdiction within the trial courts, and often these departments occupy exactly the same facilities they once occupied as independent courts of limited jurisdiction. However, as mere administrative divisions, departments can be rearranged at the discretion of each trial court's presiding judge in response to changing caseloads. Unlike federal courts, where judges are presidential appointees confirmed by

12870-423: The judiciary. Before Hamilton, both English and American people had thought of judges as mere appendages of royal authority, and that a government had only two branches, the executive and the legislative. Hamilton implied and others later developed the idea that American judges were coequal to legislatures and executives in their responsibility to carry out the people's will ( popular sovereignty ), which extended to

13000-463: The law in accordance with their state's constitution , state statutes , and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law , or need to make a choice of law from another jurisdiction. Generally, a single judicial officer, usually called a judge , exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials , which may include empaneling

13130-489: The local economy depend on Anchorage's geographical location and surrounding natural resources . Anchorage's economy traditionally has seen steady growth, though not quite as rapid as many places in the lower 48 states . With the notable exception of a real estate-related crash in the mid-to-late 1980s, which saw the failure of numerous financial institutions, it does not experience as much pain during economic downturns. The Ted Stevens Anchorage International Airport (TSAIA)

13260-676: The local population. During the Cold War , Elmendorf became an important base due to its proximity to the Soviet Union , particularly as a command center for numerous forward air stations established throughout the western reaches of Alaska (most of which have since closed). While Juneau is the official state capital of Alaska, more state employees reside in the Anchorage area. Approximately 6,800 state employees work in Anchorage compared to about 3,800 in Juneau. The State of Alaska purchased

13390-633: The mall's structure. In 2013, Forbes named Anchorage among its list of Best Places for Business and Careers. Five Alaska Native regional corporations are based in Anchorage: The Aleut Corporation , Bristol Bay Native Corporation , Calista Corporation , Chugach Alaska Corporation , and Cook Inlet Region, Inc. Anchorage does not levy a sales tax . However, it charges a 12% bed tax on hotel stays and an 8% tax on car rentals . Since about 2000, in response to strong revenue and occupancy rates, major hotel developers from

13520-690: The median income for a family was $ 85,829. The per capita income for the municipality was $ 34,678. About 5.1% of families and 7.9% of the population were below the poverty line. Of the city's population over the age of 25, 33.7% held a bachelor's degree or higher, and 92.1% had a high school diploma or equivalent. In 2010, 83.7% (220,304) of Anchorage residents aged five and older spoke only English at home, while 4.5% (11,769) spoke Spanish, 2.5% (6,654) Tagalog , 1.6% (4,108) various Pacific Island languages , 1.4% (3,636) various Native American/Alaska Native languages , 1.1% (2,994) Korean , 0.6% (1,646) German, 0.6% (1,502) Hmong , 0.5% (1,307) Russian, and Japanese

13650-636: The more confused the situation gets". The vast majority of non-criminal cases in the United States are handled in state courts, rather than federal courts. For example, in Colorado, roughly 97% of all civil cases were filed in state courts and 89% of the civil cases filed in federal court were bankruptcies in 2002, a typical year. Just 0.3% of the non-bankruptcy civil cases in the state were filed in federal court. A large share of all civil cases filed in state courts are debt collection cases. For example, in Colorado in 2002, about 87% of all civil cases filed in

13780-400: The multiple eruptions of Mount Redoubt during March–April 2009, resulting in a 25,000 ft (7,600 m) high ash cloud as well as ash accumulation throughout the Cook Inlet region. Previously, the most active recent event was an August 1992 eruption of Mount Spurr , which is 78 mi (126 km) west of the city. The eruption deposited about 3 mm (0.1 in) of volcanic ash on

13910-547: The offices of the Alaska Airlines Foundation. Prior to their respective dissolutions, airlines MarkAir , Reeve Aleutian Airways and Wien Air Alaska were also headquartered in Anchorage. The Reeve Building, at the corner of West Sixth Avenue and D Street, was spared the wrecking ball when the city block it sits on was cleared to make way for the Anchorage 5th Avenue Mall , and was incorporated into

14040-417: The people; females, 49.1%. Veterans were 9.3%, and 10.9% of the people were born outside the United States. There were 119,276 housing units and 106,567 households; the average household size was 2.69 persons. In 17.8% of households, a language other than English was spoken at home. In 95.9% of households there was a computer; 90.0% of households had broadband Internet connections. 93.9% of the population had

14170-473: The power to directly decide the content of state law. Clause 1 of Section 2 of Article Three of the United States Constitution describes the scope of federal judicial power, but only extended it to "the Laws of the United States" and not the laws of the several or individual states. The U.S. Supreme Court can but is not required to review final decisions of state courts, after a party exhausts all remedies up to

14300-544: The power to make law (through case law ). Therefore, if the judiciary was a coequal third branch of government, and the judges were the people's agents, then like the other branches, they ought to be elected by the people. However, problems with partisan judicial elections led many states to later adopt judicial appointment systems, while also using retention elections as a check on appointed judges. State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on

14430-456: The presiding superior court judge of a judicial district. The supreme court and the superior courts were established in the Alaska constitution , which took effect upon statehood in 1959. Later that year, the Alaska legislature created a district court for each judicial district and granted power to the supreme court to increase or decrease the number of district court judges . In 1980, to ease

14560-539: The prolonged shaking from the earthquake caused soil liquefaction, leading to massive cracks in roadways and collapse of large swaths of land. One of Anchorage's most affected residential areas, the Turnagain neighborhood, saw dozens of homes originally at 250 to 300 feet above sea level sink to sea level. Rebuilding and recovery dominated the remainder of the 1960s. In 1968, ARCO discovered oil in Prudhoe Bay on

14690-409: The quality of justice is poor. In states that still use justices of the peace or equivalent judicial officers, many judges of courts of limited jurisdiction are laypersons who never attended law school or passed a bar examination . Courts of limited jurisdiction should not be confused with the administrative courts seen in other countries. The United States does not use administrative courts, as

14820-410: The railbelt, voters approved it. Communities such as Fairbanks and much of rural Alaska opposed moving the capital to Anchorage for fear of concentrating more power in the state's largest city. As a result, in 1976, voters approved a plan to build a new capital city near Willow , about 70 mi (110 km) north of Anchorage. In the 1978 election, opponents to the move reacted by campaigning to defeat

14950-498: The spring are common. Along the Seward Highway headed toward Kenai, there are common sightings of beluga whales in the Turnagain Arm. Lynxes are occasionally sighted in Anchorage as well. Within the Municipality there are also a number of streams that host salmon runs. Fishing for salmon at Ship Creek next to downtown is popular in the summer. Anchorage has a subarctic climate ( Köppen climate classification : Dfc on

15080-458: The state court in question), most of which involve collection of small contractual debts (such as unpaid credit cards) and landlord-tenant matters. Many states have small claims divisions where all parties proceed in civil cases without lawyers, often before a magistrate or justice of the peace. Federal courts do not have parallel small claims procedures and apply the same civil rules to all civil cases, which makes federal court an expensive venue for

15210-448: The state courts, except in a few narrow case where federal law specifically limits jurisdiction exclusively to the federal courts. Some of the most notable cases exclusively in federal jurisdiction are suits between state governments, suits involving ambassadors , certain intellectual property cases, federal criminal cases, bankruptcy cases, large interstate class action cases, and most securities fraud class actions. There are also

15340-615: The state supreme court or a related administrative body has the power to write the rules of procedure that govern the courts through a rulemaking process. In a minority of the states, criminal and civil procedure are largely governed by state statutes. Most states model their general jurisdiction trial court rules closely upon the Federal Rules of Civil Procedure with modifications to address types of cases that come up only in state practice (like traffic violations), and model their professional ethics rules closely upon models drafted by

15470-399: The state's judicial system. The Alaska Supreme Court is required to hear appeals in civil cases in the first instance and is not able to exercise its discretion whether to consider appeals previously heard by other appellate courts. The Alaska Court of Appeals is an intermediary court of appeals for criminal cases, and is composed of a chief judge and two associate judges. The chief judge of

15600-419: The summer of that year, residents held a vote to change the city's name; a plurality favored the name "Alaska City", but the territorial government ultimately declined to change the city's name. Anchorage was incorporated on November 23, 1920. Construction of the Alaska Railroad continued until its completion in 1923. The city's economy in the 1920s and 1930s centered on the railroad. Colonel Otto F. Ohlson,

15730-528: The supreme court and the court of appeals and making recommendations for improvements in appellate procedure. The clerk is also responsible for all case filing and calendaring, publishing opinions, and related tasks. The clerk's office is located in Anchorage , and deputy clerks are located in Juneau , Anchorage, and Fairbanks . Marilyn May was appointed clerk of the appellate courts in October 1998. Alaska uses

15860-495: The tide is out and have become stuck in the mud. The two recorded instances of this occurred in 1961 and 1988. According to the United States Census Bureau , the municipality has an area of 1,961.1 square miles (5,079.2 km ); 1,697.2 square miles (4,395.8 km ) of which is land and 263.9 square miles (683.4 km ) of it is water. The total area is 13.5% water. Boroughs and census areas next to

15990-1262: The trial court record. Many states have courts of limited jurisdiction (inferior jurisdiction), presided over by, for example, a magistrate or justice of the peace who hears criminal arraignments and tries petty offenses and small civil cases . Appeals from courts of limited jurisdiction are frequently sent to state trial courts of general jurisdiction rather than to an appellate court. Larger cities often have city courts (also known as municipal courts) which hear traffic offenses and violations of city ordinances ; in some states, such as New York , these courts have slightly broader jurisdiction and can also handle small claims and misdemeanors. Other courts of limited jurisdiction include alderman 's courts, police court, mayor 's courts, recorder's courts , county courts , probate courts , municipal courts, juvenile courts , courts of claims, courts of common pleas, family courts , small claims courts , tax courts, water courts (present in some western states such as Colorado and Montana), and workers' compensation courts (Rhode Island). Lawrence M. Friedman has described courts of limited jurisdiction as "the bargain basement of justice," where procedures are often informal and "slapdash" and

16120-499: Was 171.2 per square mile (66.1/km ). There were 113,032 housing units at an average density of 59.1 per square mile (22.8/km ). There were 107,332 households, out of which 33.2% had children under the age of 18 living with them, 48.4% were married couples living together, 11.7% had a female householder with no husband present, 5.6% had a male householder with no wife present, and 34.3% were non-families. 24.9% of all households were made up of individuals, and 4.9% had someone living alone who

16250-399: Was 65 years of age or older. The average household size was 2.64 and the average family size was 3.19. The age distribution was 26.0% under 18, 11.2% from 18 to 24, 29.0% from 25 to 44, 26.6% from 45 to 64, and 7.2% who were 65 or older. The median age was 32.9 years. 50.8% of the population was male and 49.2% were female. The median income for a household in the municipality was $ 73,004, and

16380-725: Was among the first European explorers to map the Alaskan coastline, and many of the geographical features (mountains, islands, rivers, waterways, etc.) still bear the names he gave them. Cook was searching for the fabled Northwest Passage , a route that would provide a shorter means of reaching the Pacific from Europe than the difficult Northeast Passage around the north of Asia, or south around South America. On May 15, 1778, after enduring weeks of hard weather, Cook turned into an inlet between two landmarks he called Cape Douglas and Mount St. Augustine . He anchored his ship, HMS Resolution , at

16510-650: Was spoken as a main language by 0.5% (1,185) of the population over the age of five. In total, 16.3% (43,010) of Anchorage's population aged five and older spoke a mother language other than English. As of September 7, 2006 , 94 languages were spoken by students in the Anchorage School District . Anchorage's largest economic sectors include transportation, military, municipal, state and federal government, tourism, corporate headquarters (including regional headquarters for multinational corporations ) and resource extraction. Large portions of

16640-542: Was substantially built in the late 1950s and is reaching the end of its useful life. Beginning in 2017, the Port of Anchorage is undertaking an extensive 7-year Anchorage Port Modernization Project to upgrade its aging infrastructure, support larger deeper draft vessels, and future proof the port seismically and environmentally for another 75 years. The United States military has two large installations, Elmendorf Air Force Base and Fort Richardson , which originally stemmed from

16770-696: Was well-established. The Russians placed trading posts along Cook Inlet, such as the Shelikhov-Golikov Company 's post at Niteh on the Palmer Flats (between the Knik and Matanuska Rivers), which in turn created small agricultural communities in Ninilchik , Seldovia , and Eklutna . The Russians also introduced diseases such as smallpox that had devastating effects on the local Native population, which plummeted by half just 10 years after

16900-553: Was −19 °F (−28 °C) in January 1989, while the coldest daily maximum on average between 1991 and 2020 was 1 °F (−17 °C). Warm summer nights do not occur even with the bayside location and extensive daylight; the mildest night on record was 63 °F (17 °C) . The mean temperature is 59 °F (15 °C). Due to its proximity to active volcanoes , ash hazards are a significant, though infrequent, occurrence. The most recent notable volcanic activity centered on

#111888