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The chief justice of the Alaska Supreme Court told state lawmakers this week that the court system is taking steps to reduce the amount of time it takes criminal cases to reach trial, a problem highlighted by a recent ProPublica and Anchorage Daily News investigation.
In an annual State of the Judiciary speech to legislators Wednesday at the Capitol in Juneau, Chief Justice Susan M. Carney said the court system has increased training for judges, created new policies on postponements and authorized overtime pay. She noted that the court system’s mission includes deciding cases “expeditiously and with integrity.”
“You are probably aware that we are not meeting expectations — our own or Alaskans’ — about the expeditious part of that mission,” Carney said.
Noting “recent media accounts” of extreme delays, Carney said the state is gaining ground and that resolving the problem is “our No. 1 priority.”
“We must, and we will, improve how we handle criminal cases to prevent that kind of delay,” Carney said.
The Daily News and ProPublica reported in January that the most serious felony cases in Alaska can take five, seven or even 10 years to reach trial as judges approve dozens of delays. These delays might be requested because defense attorneys are waiting for prosecutors to share evidence or because attorneys have high caseloads to juggle, or even as a tactic to weaken the prosecution’s case with the passage of time.
The category of cases that ProPublica and the Daily News examined, the most serious felonies such as murders and violent sexual assaults, took the judicial system a median of three years to complete in 2023, a threefold increase from 2013.
The newsrooms identified one case that judges described as one of the most “horrendous” sexual assaults they had ever seen and that has been delayed at least 74 times over the course of 10 years.
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The Alaska judicial system and lawmakers were aware of serious pretrial delays long before COVID-19 disrupted the courts, particularly in Anchorage. In 2009, a report by the National Center for State Courts noted that the time to resolve felony criminal cases in Anchorage had increased nearly 400% over the prior decade.
While acknowledging the long delays described in news reports and their impact on victims and defendants in major felonies, Carney told legislators that less serious criminal cases — which are most cases in the system — do not take as long to resolve.
“I do this not to justify those extraordinarily delayed cases, but I do want to provide a bigger picture,” said Carney, a Fairbanks judge who was appointed to the Supreme Court in 2016 and became the chief justice this year.
The median time to close misdemeanor cases is six months or shorter, Carney said. Less serious felony cases such as vehicle theft and certain assault charges are resolved within a median of six months, she said. Class A felonies, which include some sexual assaults, manslaughter and some drug charges, take a median of 13 months.
Carney also noted that only about 3% of criminal cases go to trial. Many are resolved when the defendant agrees to plead guilty to reduced charges, rather than take the chance of being found guilty by a jury, or when prosecutors drop the charges.
Carney told legislators that judges have created new limits on the number of times a case can be delayed and on the duration of the delays, and that judges devoted one-third of their annual conference to training on how to reduce the number of pending cases.
More cases are now being closed than are being opened, and the number of open cases last month was down by one-third from a year before, Carney said, bringing the number of open criminal cases to its lowest since 2018.
“So we are making progress,” said Carney, who spent nearly three decades as a lawyer for the Alaska Public Defender Agency and Office of Public Advocacy.
She did not provide caseload figures specifically for unclassified felonies, the category of serious crimes that ProPublica and the Daily News focused on.
Alaska’s sluggish justice system has created palpable impacts on crime victims, defendants and the community.
A Daily News and ProPublica report in October found the city of Anchorage dismissed hundreds of criminal cases in 2024 because it didn’t have enough prosecutors to meet speedy trial deadlines. Dismissed cases included charges of domestic violence assault and child abuse.
State prosecutors have responded to that investigation by offering added staff to help the city keep cases moving.
