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Alaska Supreme Court shines light on trial courts’ ‘grave injustices’

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Alaska Supreme Court shines light on trial courts’ ‘grave injustices’


Trial courts are one of the most important institutions of law, according to notable U.S. Circuit Judge Jerome Frank. In his book “Courts on Trial: Myth and Reality in American Justice,” Judge Frank compared what trial courts are supposed to do with what they actually do.

He catalogued: “grave injustices that arise not only from the use of faulty procedures, but also from the inability of those with limited resources to cope with them.”

His Honor could’ve been describing what trial courts in Alaska do to people with mental illness. Those injustices were documented in March in a report on 30 consecutive forcible commitment and drugging cases. The report revealed a systemic denial of due process.

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These pervasive rights violations can occur because the proceedings are nearly always held in secret — ostensibly to protect the privacy of the individual with mental illness, aka “the respondent.” What the secrecy enables is sham court proceedings that rubber-stamp forcible commitment and drugging because our Legislature has defunded community-based mental health treatment for decades. The Anchorage Daily News has described it as a “warehousing model of asylums.”

Last month, our state Supreme Court shined a brief light on one such grave injustice in “In the Matter of the Necessity for the Hospitalization of Sergio F. In a unanimous opinion, the five justices held that Sergio, a pseudonym, was forcibly committed to Alaska Psychiatric Institute for 90 days without due process.

The opinion’s comments about how that happened reveal failures of the state attorney seeking involuntary commitment, the assistant public defender representing Sergio, the master who made recommendations to the trial court and the trial court that rubber-stamped them.

The justices first reiterated that, “involuntary commitment for a mental illness (is) a ‘massive curtailment of liberty’ that demands due process of law.’”

Then the Court held, as it has repeatedly, that to forcibly commit Sergio, the state must prove two things by clear and convincing evidence. First, that Sergio was mentally ill and as a result likely to cause harm to himself or others, or was gravely disabled. Second, that no less restrictive alternative to forcible commitment existed. This second requirement was largely ignored by all.

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The state didn’t address any less restrictive alternative — other than to oppose Sergio’s proposed plan to voluntarily take his medication, reside with a friend, and receive outpatient treatment. Recognizing this omission, on appeal the state argued that the trial court’s finding Sergio was gravely disabled, meant involuntary commitment was “necessarily the least restrictive alternative.”

The Supreme Court called out that senseless assertion — noting it would eliminate the least restrictive alternative requirement. A finding the person is gravely disabled doesn’t mean there aren’t treatment alternatives short of forcible commitment that could address the person’s disability.

Addressing the trial court’s failure, the justices said, “The lack of specific findings about possible less restrictive alternatives in this case is particularly concerning because we have explained that ‘the trial court’s deliberate consideration of (this) is crucial to the protection of (Sergio’s) liberty interests.”

The justices also observed there were “obvious questions” that should have been asked of the state psychiatrist: What less restrictive alternatives were considered? Why were those alternatives inadequate to protect Sergio and the public and provide for Sergio’s treatment needs?

Had the assistant public defender done that, Sergio might not have ended up forcibly committed to a warehouse psych ward. Even if he had been, at least his constitutional rights wouldn’t have been disregarded. How people are treated in our judicial system is critical to our confidence the system is fair and governed by the rule of law.

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Sergio “won” on appeal — long after his 90-day confinement was held unconstitutional by the Supreme Court. I don’t know if Sergio found any solace in that.

While the opinion reads like a legal win for Alaskans with mental illness, it may not result in any real change. It’s quite possible the lawyers for both sides, the masters, and the trial courts will simply give lip service to having considered less restrictive treatment alternatives, but, because the Legislature won’t fund proven, effective, less restrictive treatment, Alaskans with mental illness will still be forcibly warehoused and drugged.

There’s evidence that’s what happens. Sociologist Carol Warren observed commitment hearings in California and found the participants, despite their differing roles — psychiatrist, attorneys, or judge — tended to “cooperatively reach an outcome that they all agree is desirable: hospitalization of a person they believe is clearly in need of care.” This approach has received harsh criticism — with the hearing process being labelled a “charade” for failing to provide meaningful opportunity for vulnerable individuals to contest the substantial liberty curtailment they face.

The March report on 30 consecutive forcible commitment and drugging proceedings in Alaska revealed the same tendencies. The least restrictive alternative requirement was largely ignored or summarily dismissed by the state psychiatrist and the assistant public defender presented no contrary evidence.

May Sergio’s sacrifice not be in vain. May the Legislature heed the light our Supreme Court shined and fund proven less restrictive treatment. May the Public Defender Agency embrace the lesson about obvious questions and hold the state to its burden of proof. May the masters and judges of Alaska’s trial courts recognize their importance to ensuring that Alaskans with mental illness do not suffer grave injustices.

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Val Van Brocklin is a former state and federal prosecutor in Alaska who now trains and writes on criminal justice topics nationwide. She lives in Anchorage.

The views expressed here are the writer’s and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.





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Alaska

Alaska governor, ally of Trump, will keep flags at full-staff for Inauguration Day • Alaska Beacon

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Alaska governor, ally of Trump, will keep flags at full-staff for Inauguration Day • Alaska Beacon


Alaska will join several other Republican-led states by keeping flags at full-staff on Inauguration Day despite the national period of mourning following President Jimmy Carter’s death last month.

Gov. Mike Dunleavy announced his decision, which breaks prior precedent, in a statement on Thursday. It applies only to flags on state property. Flags on federal property are expected to remain at half-staff.

Flags on state property will be returned to half-staff after Inauguration Day for the remainder of the mourning period.

The governors of Indiana, Idaho, Iowa, Texas, Florida, Tennessee, Oklahoma, North Dakota, Nebraska, Montana and Alabama, among others, have announced similar moves. 

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U.S. Speaker of the House Mike Johnson, a Republican from Louisiana, said on Tuesday that flags at the U.S. Capitol would remain at full-staff on Inauguration Day. 

Their actions follow a statement from President-elect Donald Trump, who said in a Jan. 3 social media post that Democrats would be “giddy” to have flags lowered during his inauguration, adding, “Nobody wants to see this, and no American can be happy about it. Let’s see how it plays out.”

Dunleavy is seen as a friend of the incoming president and has met with him multiple times over the past year. Dunleavy and 21 other Republican governors visited Trump last week in Florida at an event that Trump described as “a love fest.”

Since 1954, flags have been lowered to half-staff during a federally prescribed 30-day mourning period following presidential deaths. In 1973, the second inauguration of President Richard Nixon took place during the mourning period that followed the death of President Harry Truman. 

Then-Gov. Bill Egan made no exceptions for Alaska, contemporary news accounts show, and no exception was made for Nixon’s inauguration in Washington, D.C., either. 

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A spokesperson for Dunleavy’s office said the new precedent is designed to be a balance between honoring the ongoing mourning period for former President Jimmy Carter and recognizing the importance of the peaceful transition of power during the presidential inauguration. 

“Temporarily raising the flags to full-staff for the inauguration underscores the significance of this democratic tradition, while returning them to half-staff afterward ensures continued respect for President Carter’s legacy,” the spokesperson said.

GET THE MORNING HEADLINES.

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Federal disaster declaration approved for Northwest Alaska flooding

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Federal disaster declaration approved for Northwest Alaska flooding


ANCHORAGE, Alaska (KTUU) – President Joe Biden announced the approval of federal disaster assistance on Thursday for recovery efforts in areas that sustained damage from flooding and storms in October 2024.

Those areas include the Bering Strait Regional Educational Attendance Area (REAA) and the Northwest Arctic Borough area where many structures were damaged by a severe storm from Oct. 20-23, 2024.

Jerry Jones and his two children were rescued Wednesday after being stranded overnight on the roof of their flooded cabin about 15 miles north of Kotzebue during a large storm impacting Western Alaska.(Courtesy of Jerry Jones)
Kotzebue Flooding
Kotzebue Flooding(Michelle Kubalack)

In a press release, FEMA announced that federal funding is available on a cost-sharing basis for emergency work to the state of Alaska, tribal and eligible local governments, and certain private nonprofit organizations.

The announcement comes just a few days after Biden released the major disaster declaration approval for the August Kwigillingok flooding.

See a spelling or grammar error? Report it to web@ktuu.com

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Arctic hotspots study reveals areas of climate stress in Northern Alaska and Siberia

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Arctic hotspots study reveals areas of climate stress in Northern Alaska and Siberia


Map of areas that experienced ecosystem climate stress in the Arctic-boreal region between 1997-2020 as detected by multiple variables including satellite data and long-term temperature records. Watts et al., 2025, Geophysical Research Letters. Credit: Christina Shintani / Woodwell Climate Research Center

Ecological warning lights have blinked on across the Arctic over the last 40 years, according to new research, and many of the fastest-changing areas are clustered in Siberia, the Canadian Northwest Territories, and Alaska.

An analysis of the rapidly warming Arctic-boreal region, published in Geophysical Research Letters, provides a zoomed-in picture of ecosystems experiencing some of the fastest and most extreme climate changes on Earth.

Many of the most climate-stressed areas feature permafrost, or ground that stays frozen year-round, and has experienced both severe warming and drying in recent decades.

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To identify these “hotspots,” a team of researchers from Woodwell Climate Research Center, the University of Oslo, the University of Montana, the Environmental Systems Research Institute (Esri), and the University of Lleida used more than 30 years of geospatial data and long-term temperature records to assess indicators of ecosystem vulnerability in three categories: temperature, moisture, and vegetation.

Building on assessments like the NOAA Arctic Report Card, the research team went beyond evaluating isolated metrics of change and looked at multiple variables at once to create a more complete, integrated picture of climate and ecosystem changes in the region.

“Climate warming has put a great deal of stress on ecosystems in the high latitudes, but the stress looks very different from place to place and we wanted to quantify those differences,” said Dr. Jennifer Watts, Arctic program director at Woodwell Climate and lead author of the study.

“Detecting hotspots at the local and regional level helps us not only to build a more precise picture of how Arctic warming is affecting ecosystems, but to identify places where we really need to focus future monitoring efforts and management resources.”

The team used spatial statistics to detect “neighborhoods,” or regions of particularly high levels of change during the past decade.

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“This study is exactly why we have developed these kinds of spatial statistic tools in our technology. We are so proud to be working closely with Woodwell Climate on identifying and publishing these kinds of vulnerability hotspots that require effective and immediate climate adaptation action and long-term policy,” said Dr. Dawn Wright, chief scientist at Esri. “This is essentially what we mean by the ‘Science of Where.’”

The findings paint a complex and concerning picture.

The most substantial land warming between 1997–2020 occurred in the far eastern Siberian tundra and throughout central Siberia. Approximately 99% of the Eurasian tundra region experienced significant warming, compared to 72% of Eurasian boreal forests.

While some hotspots in Siberia and the Northwest Territories of Canada grew drier, the researchers detected increased surface water and flooding in parts of North America, including Alaska’s Yukon-Kuskokwim Delta and central Canada. These increases in water on the landscape over time are likely a sign of thawing permafrost.

  • Arctic hotspots study reveals areas of climate stress in Northern Alaska, Siberia
    Warming severity “hotspots” in Arctic-boreal region between 1997-2020 were detected by analyzing multiple variables including satellite imagery and long-term temperature records. Watts et al., 2025, Geophysical Research Letters. Credit: Christina Shintani / Woodwell Climate Research Center
  • Arctic hotspots study reveals areas of climate stress in Northern Alaska, Siberia
    Map of areas of severe to extremely severe drying in the Arctic-boreal region. Drying severity was determined by analyzing multiple variables from the satellite record. Watts et al., 2025, Geophysical Research Letters. Credit: Christina Shintani / Woodwell Climate Research Center
  • Arctic hotspots study reveals areas of climate stress in Northern Alaska, Siberia
    Map of areas that experienced vegetation climate stress in the Arctic-boreal region between 1997-2020 as detected by multiple variables from the satellite record. Watts et al., 2025, Geophysical Research Letters. Credit: Christina Shintani / Woodwell Climate Research Center

Among the 20 most vulnerable places the researchers identified, all contained permafrost.

“The Arctic and boreal regions are made up of diverse ecosystems, and this study reveals some of the complex ways they are responding to climate warming,” said Dr. Sue Natali, lead of the Permafrost Pathways project at Woodwell Climate and co-author of the study.

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“However, permafrost was a common denominator—the most climate-stressed regions all contained permafrost, which is vulnerable to thaw as temperatures rise. That’s a really concerning signal.”

For land managers and other decisionmakers, local and regional hotspot mapping like this can serve as a more useful monitoring tool than region-wide averages. Take, for instance, the example of COVID-19 tracking data: maps of county-by-county wastewater data tend to be more helpful tools to guide decision making than national averages, since rates of disease prevalence and transmission can vary widely among communities at a given moment in time.

So, too, with climate trends: local data and trend detection can support management and adaptation approaches that account for unique and shifting conditions on the ground.

The significant changes the team detected in the Siberian boreal forest region should serve as a wakeup call, said Watts.

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“These forested regions, which have been helping take up and store carbon dioxide, are now showing major climate stresses and increasing risk of fire. We need to work as a global community to protect these important and vulnerable boreal ecosystems, while also reining in fossil fuel emissions.”

More information:
Regional Hotspots of Change in Northern High Latitudes Informed by Observations From Space, Geophysical Research Letters (2025). DOI: 10.1029/2023GL108081

Provided by
Woodwell Climate Research Center

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Citation:
Arctic hotspots study reveals areas of climate stress in Northern Alaska and Siberia (2025, January 16)
retrieved 16 January 2025
from https://phys.org/news/2025-01-arctic-hotspots-reveals-areas-climate.html

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