As a former prosecutor, I was shocked and saddened to read reporter Kyle Hopkins’ recent reporting in the Anchorage Daily News and ProPublica on pervasive, unconstitutional, heartbreaking delays of violent felony cases. Judges granting continuances 50 to 70 times over seven to 10 years — with “typically” no opposition from the prosecution, and no mention of the victims. Victims and their families suffering years before the closure that a trial can bring, some even dying during the delays.

Hopkins’ reporting is recent. The problem isn’t. The Office of Victims’ Rights (OVR) has been covering delays for years in annual reports to the Legislature, beginning in 2014. In 2018, after monitoring nearly 200 cases, OVR said judges were mostly to blame.

Other causes have been noted: understaffed public defender and prosecutor offices; the incentive for defendants to delay because witnesses’ memories fade. But in 2019, OVR said, “It is up to the judges to control the docket, to adhere to standing court orders, to follow the law and to protect victims’ rights as well as defendants’ rights.”

In 1994, 86% of Alaskans who voted supported a crime victims’ rights ballot. That overwhelming mandate was enshrined in our state constitution. It includes victims’ “right to timely disposition of the case.” For years, Anchorage Superior Court judges have ignored this right.

After reading the recent coverage, I began searching. Maybe other jurisdictions had found solutions to similar delays. What I discovered shocked me even more.

In 2008, a working group co-chaired by an Alaska Supreme Court justice determined the average time to disposition for felony cases in Anchorage had nearly quadrupled. “This finding amounted to a ‘call to arms’ for improvements …(.)”

In November 2008, the state paid to send three judges, two court personnel, the Anchorage district attorney, the deputy attorney general and three public defenders to a workshop in Arizona about causes of delays, and solutions. David Steelman was a presenter. He worked with the Alaska group in Phoenix and Anchorage. That work resulted in a 59-page report dated March 2009.

I found Steelman’s report online (“Improving Criminal Caseflow Management in the Alaska Superior Court in Anchorage”). His findings are revealing.

Delays resulted from informal attitudes, concerns and practices of the court, prosecutors and public defense lawyers. To change this “culture of continuances,” it was critical the court exercise leadership and the attorneys commit to change. Judges and the public-sector lawyers must recognize they were all responsible for making prudent use of the finite resources provided by taxpayers. Unnecessary delays wasted resources.

Steelman recommended the judges and lawyers agree to individual performance measurements, and the court engage in ongoing evaluation of his Caseflow Improvement Plan. The plan included a “Continuance Policy for Anchorage Felony Cases.”

I found an unsigned Anchorage court order dated May 1, 2009. It included Steelman’s Continuance Policy recommendation that the court log every requested continuance in the court file, name the party requesting it, the reasons given, whether the continuance was granted, and the delay incurred if it was granted.

More telling, it omitted Steelman’s recommendation that, “Every six months, the chief criminal judge shall report to the Presiding Judge on the number of continuances requested and granted during the previous period(.)”

That provision might have ensured accountability.

After years of only bad news, in 2018, OVR reported a glimmer of “good news” — a pre-trial delay working group was formed by Anchorage Presiding Judge Morse and the court system. In September 2018, Judge Morse issued a Felony Pre-Trial Order. Its goals included reducing delays of felony case dispositions and minimizing the number of calendaring hearings. (Sound familiar?)

But, OVR added, “The real test will be whether judges will hold to the new plan and hold parties accountable for delays. The jury is out on whether the will to change is actually present, but the court ultimately will be responsible for improving this problem unless the legislature steps in and passes new laws to resolve this continuing violation of victims’ rights.”

The jury has been out since 2009. The court failed that test. Based on the ADN/ProPublica reporting, the court failed the test of 2018. Things are worse than ever.

And the court’s response? A spokesperson told Kyle Hopkins there was “new” training for judges on managing case flows, as well as an Anchorage presiding judge’s order limiting when postponements may be used. (Sound familiar?)

I also reached out to the court. I requested documentation of this “new” training and a copy of the latest order. I also asked about the unsigned May 2009 court order. I’ve received no response. Similarly, when Hopkins reached out to Anchorage Superior Court judges, none of the criminal docket judges responded directly.

There are two things courts and judges will respond to: their budget and retention elections.

First, the Alaska Senate and House Judiciary and Finance Committees should hold the court system accountable for its proposed budget. Require it to cost out delays from past years. According to a 2011 report by Steelman, just two Anchorage cases (each with over 70 scheduling hearings), “(M)ay have cost the State of Alaska the full-time equivalent of an extra prosecutor or public defender attorney.”

The court system has proven, since 2008, it can’t be trusted to not waste money on unnecessary delays. It must finally be held accountable by the Legislature.

Second, retention elections. Superior Court judges are appointed by the governor, but they must stand election for retention by the voters every six years. The Alaska Judicial Council evaluates each judge before their election and makes that information public. The council incorporates surveys of attorneys, law enforcement, child services professionals, court employees and jurors.

The Judicial Council does not survey victims, or those who assist them, such as OVR or Victims for Justice. It should. Other than the defendant, victims are the only ones with a constitutional right to a speedy trial. That right is being ignored by judges. Alaska voters who issued a mandate should know which judges are ignoring it.

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

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.

Lately I’ve spent too much time at the Seattle airport and not enough time exploring the Emerald City.

It’s not just about downtown Seattle, either. I’ve been catching up with friends in the area and we shared stories about visiting the nearby San Juan Islands or taking the Victoria Clipper up to Vancouver Island (bring your passport).

There are some seasonal events, though, that make a trip to Seattle more compelling.

First on the list is Seattle Museum Month. Every February, area museums team up with local hotels to offer half-price admission.

There is a catch. To get the half-price admission, stay at a downtown hotel. There are 70 hotels from which to choose. Even if you just stay for one night, you can get a pass which offers up to four people half-price admission.

It’s very difficult to visit all of the museums on the list. Just visiting the Seattle Art Museum, right downtown near Pike Place Market, can take all day. There’s a special exhibit now featuring the mobiles of Alexander Calder and giant wood sculptures of artist Thaddeus Mosley.

But there are many ongoing exhibits at SAM, as the museum is affectionately known. Rembrandt’s etchings, an exhibit from northern Australia, an intricate porcelain sculpture from Italian artist Diego Cibelli, African art, Native American art and so much more is on display.

It’s worth the long walk to the north of Pike Place Market to visit the Olympic Sculpture Park, a free outdoor exhibition by SAM featuring oversized works, including a giant Calder sculpture. The sweeping views of Elliott Bay and the mountains on the Olympic Peninsula are part of the package.

My other favorite art museum is the Burke Museum at the University of Washington. What I remember most about the Burke Museum is its rich collection of Northwest Native art.

But the term “museum” covers an incredible array of collections. A visit to the Chihuly Garden and Glass Museum is a chance to see the most fanciful creations of renowned glass blower Dale Chihuly. It’s right next to the Space Needle.

You have to go up to the top and see the new renovations.

“They took out most of the restaurant,” said Sydney Martinez, public relations manager for Visit Seattle.

“Then they replaced the floor with glass. Plus, they took the protective wires off from around the Observation Deck and put up clear glass for an uninterrupted view,” she said.

If you visit the Space Needle in February, there’s hardly ever a line!

Getting from the airport to downtown is easy with the light rail system. There’s a terminal adjacent to the parking garage in the airport. The one-way fare for the 38-minute train ride is $3. From downtown, there are streetcars that go up Capitol Hill and down to Lake Union.

Martinez encourages travelers to check out the Transit Go app.

“All of the buses require exact change and sometimes that’s a hassle,” she said. “Just add finds to your app using a credit card and show the driver when you get on.”

Pike Place Market is a downtown landmark in Seattle. Fresh produce, the famous fish market, specialty retailers and restaurants — there’s always something going on. Now there’s even more to see.

Following the destruction of the waterfront freeway and the building of the tunnel, the Seattle Waterfront project has made great strides on its revitalization plan. The latest milestone is the opening of the Overlook Walk.

The Seattle Waterfront project encompasses much more than the new waterfront steps. Landscaping, pedestrian crossings and parks still are being constructed. But you cannot miss the beautiful staircase that comes down from Pike Place Market to the waterfront.

“There’s a really large patio at the top overlooking Elliott Bay,” said Martinez. “The stairs go down to the waterfront from there, but there also are elevators.”

Tucked under one wall is a completely new exhibit from the Seattle Aquarium, which is right across the street on the water. The Ocean Pavilion features an exhibit on the “Indo-Pacific ecosystem in the Coral Triangle.” I want to see this for myself!

Wine lovers love Washington wines. And Seattle shows up to showcase the increasing variety of wines available around the state. Taste Washington brings the region’s food and wines together for an event in mid-March.

Hosted by the WAMU Center near the big sports stadiums, Taste Washington features 200 wineries and 75 restaurants for tastings, pairings and demonstrations. There are special tastings, special dinners (plus a Sunday brunch) and special demonstrations between March 13 and 17.

There’s another regionwide feasting event called Seattle Restaurant Week, where participating restaurants offer a selected dinner for a set price. No dates are set yet, but Martinez said it usually happens both in the spring and the fall.

It’s not downtown, but it’s worth going to Boeing Field to see the Museum of Flight. This ever-expanding museum features exhibits on World War I and II, in addition to the giant main hall where there are dozens of planes displayed. I love getting up close to the world’s fastest plane, the black SR-71 Blackbird. But take the elevated walkway across the street to see the Concorde SST, an older version of Air Force 1 (a Boeing 707) and a Lockheed Constellation.

One of the most interesting exhibits is the Space Shuttle Trainer — used to train the astronauts here on the ground. There’s an amazing array of space-related exhibits. Don’t miss it.

Some travelers come to Seattle for sports. Take in home games from the Seattle Kraken hockey team or the Seattle Sounders soccer team this winter.

Other travelers come to see shows. Moore Theatre is hosting Lyle Lovett on Feb. 19 and Anoushka Shankar on March 13. Joe Bonamassa is playing at the Climate Pledge Area on Feb. 16. There are dozens of live music venues throughout the area.

It’s easy to get out of town to go on a bigger adventure. The Victoria Clipper leaves from the Seattle Waterfront for Victoria’s Inner Harbour each day, starting Feb. 16. If you want faster passage, fly back on Kenmore Air to Lake Union.

The Washington State Ferries offer great service from downtown Seattle to the Olympic Peninsula. Or, drive north to Anacortes and take the ferry to the San Juan Islands. Or, just drive north to Mukilteo and catch a short ferry over to Whidbey Island.

There are fun events all year in Seattle. But I’m circling February on the calendar for Museum Month. Plus, I need to see that grand staircase from Pike Place Market down to the water!

A key public-sector union and some Democratic state lawmakers are calling on Gov. Mike Dunleavy to release the results of a million-dollar study on how competitive the state’s salaries are. The study was originally due last summer — and lawmakers say that delays will complicate efforts to write the state budget.

It’s no secret that the state of Alaska has struggled to recruit and retain qualified staff for state jobs. An average of 16% of state positions remain unfilled as of November, according to figures obtained by the Anchorage Daily News. That’s about twice the vacancy rate generally thought of as healthy, according to legislative budget analysts.

“The solution, it’s not rocket science,” said Heidi Drygas, the executive director of the union representing a majority of rank-and-file state of Alaska employees, the Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52. “We have to pay people fairly, and we’re underpaying our state workers right now.”

Drygas says the large number of open jobs has hobbled state services. At one point, half of the state’s payroll processing jobs were unfilled, leading to late and incorrect paychecks for state employees.

“This is a problem that has been plaguing state government for years, and it is only getting worse,” she said.

Alaskans are feeling the effects, said Sen. Bill Wielechowski, D-Anchorage.

“We’ve been unable to fill prosecutor jobs. We’ve been unable to fill snowplow operator jobs, teaching jobs, of course, on the local level, clerk jobs for the courts, which backs up our court system, and so on and so forth,” Wielechowski said.

So, in 2023, the Legislature put $1 million in the state budget to fund a study looking to determine whether the state’s salaries were adequate. The results were supposed to come in last June.

Wielechowski said he’s been hearing from constituents looking for the study’s findings. He’s asked the Department of Administration to release the study. And so far, he said, he still hasn’t seen it.

“This has just dragged on, and on, and on, and now we’re seven months later, and we still have nothing,” he said. “They’re refusing to release any documents at all, and that’s very troubling, because this is a critical topic that we need before we go ahead and go into session.”

Dunleavy’s deputy chief of staff emailed the heads of state agencies in early December with an update: The study wasn’t done yet. The governor’s office had reviewed drafts of the study and found them lacking.

They sent the contractor back to the drawing board to incorporate more data: salaries from “additional peer/comparable jurisdictions”, plus recent collective bargaining agreements and a bill that raised some state salaries that passed last spring.

“Potential changes to the State’s classification and pay plans informed by the final study report could substantially impact the State’s budget, and additional due diligence is necessary, especially as we look at the State’s revenue projections,” Deputy Chief of Staff Rachel Bylsma wrote to Dunleavy’s Cabinet on Dec. 6.

Though the final study has not been completed, blogger Dermot Cole filed a public records request for any drafts of the study received to date. But state officials have thus far declined to release them, saying they’re exempt from disclosure requirements under Alaska law.

“The most recent salary study draft records the state received have been withheld under the Alaska Public Records Act based on executive and deliberative process privileges,” Guy Bell, a special project assistant in the governor’s office who deals with records requests, said in an email to Alaska Public Media. “Any prior drafts that may have been provided are superseded by the most recent drafts, so they no longer meet the definition of a public record.”

To Wielechowski, that’s absurd.

“It’s laughable. It’s wild,” he said. “That’s not how the process works.”

The deliberative process privilege under state law protects some, but not all, documents related to internal decision-making in the executive branch, according to a 1992 opinion from the state attorney general’s office. It’s intended to allow advisors to offer their candid recommendations, according to the opinion.

“The deliberative process privilege extends to communications made in the process of policy-making,” and courts have applied the privilege to “predecisional” and “deliberative” documents, Assistant Attorneys General Jim Cantor and Nancy Meade wrote. However, “courts have held that factual observations and final expressions of policy are not privileged,” they continued.

Lawmakers are about to get to work on the state budget, and Wielechowski said it’s hard to do that without a sense of how, if at all, state salaries should be adjusted.

“Nobody knows how it’s going to turn out,” he said. “Maybe salaries are high. But it will certainly give us an indication of whether or not this is something we should be looking at as a Legislature.”

Wielechowski sent a letter to the agency handling the study in December asking for any of the drafts that the contractor has handed in so far. He said he’s concerned that the Dunleavy administration may be trying to manipulate the study’s conclusions.

“We didn’t fund a million dollars to get some politically massaged study,” he said.
“We funded a million dollars so that we could get an objective organization (to) go ahead and look at this problem and to tell us what the numbers look like to tell us how competitive we are.”

An ally of the governor, Sen. Mike Shower, R-Wasillia, said he, too, would like to see the results — but he said he sees the value in waiting to see the whole picture.

“I think that in this particular case, it is important that the administration, or even the legislature or the judicial branch, all of which commission studies, ensure that they are appropriately finished (and) vetted,” Shower said. “Sometimes you don’t get back everything you were looking for.”

Though he’s the incoming Senate minority leader, Shower emphasized that he was speaking only for himself. He said the caucus hasn’t discussed it as a group.

But majority-caucus lawmakers say they’re not interested in waiting. Incoming House State Affairs Committee chair Ashley Carrick, D-Fairbanks, said she plans to take a look at the issue as the session begins.

“I think that there are a lot of questions that are unanswered, and we will be spending the first week of the House State Affairs Committee, in part, addressing the lack of a response from the Department of Administration,” she said.

Drygas, the union leader, sent a letter to her membership on Wednesday asking them to sign a petition calling for the state to release the draft study. It quickly amassed more than a thousand signatures. She said the union is “eagerly awaiting the results,” which she said would provide helpful background for contract negotiations.

“Our membership is fired up,” she said. “We’re not going to just let this go.”