Daily Sitka Sentinel

Justice Proceeds in Vacant Sitka Courtroom

By SHANNON HAUGLAND
Sentinel Staff Writer

The Alaska Court System remains open to the public, but is operating in a way to help limit the spread of COVID-19, court officials say.

Doing more business by distance, delaying grand jury and court trials, and practicing social distancing at court appearances, are among the changes the court system is adjusting to, under recent orders from the Alaska Supreme Court.

A notice from the Sitka court says:

“The Alaska Court System will remain open for in-person customer service. However, until further notice, all attorneys, parties, witnesses and other participants in cases must appear by telephone or video conference.”

The court provides two exceptions to this rule: victims of crimes and defendants may appear in person at evidentiary hearings or at sentencing.

“To minimize exposure the court encourages customers to: 1. File motions, requests, or paperwork via mail, email or the drop box located at the clerk’s counter. 2. Call the court instead of coming in person with questions. 3. Call the court for the correct teleconference line for hearings,” the Sitka court said in its notice to the public.

In Sitka, Superior Court Judge Jude Pate emphasized: “Even with this newest order, defendants have the right to be present at evidentiary hearings and sentencings – although most have agreed to waive that right. ... We are an essential service, along with police, fire and health care. We’re there to protect everybody’s rights, due process and enforcement of the law.”

Lisa Langenfeld, court reporter, is pictured alone inside the Sitka Courthouse Tuesday as judge, lawyers and others speak remotely over a sound system. A sign posted on the door says,  "Effective Immediately TELEPHONIC PARTICIPATION ONLY FOR ALL HEARINGS. (Sentinel Photo by James Poulson) 

 With the court doing most of its business electronically, telephonically or by videoconference, Pate said it’s meant an adjustment, but those using the court system seem to be taking it in stride.

“Customers of the court have been very respectful of our clerks, respecting the distance necessary to keep the virus from spreading,” he said. “For the most part, hearings have been going fairly smoothly but there are difficulties, of course.”

Unlike other areas of Alaska, Pate added, Southeast courts are well set up to work by distance.

“We do a lot of hearings telephonically,” he said. “We’ve been a little better able to handle these changes than the rest of the state, or a portion of the rest of the state.” 

In response to guidelines and mandates to reduce the spread of COVID-19, Supreme Court Chief Justice Joel Bolger on March 19 issued Special Order 8131 that suspended Superior and District Court proceedings, with the exception of priority hearings for:

– arraignments.

– felony first appearances.

– bail hearings.

– changes of plea and sentencing hearings.

– adjudication and disposition hearings on petitions to revoke probation.

– habeas corpus applications.

– temporary custody and permanency hearings.

– hearings for review of secure residential psychiatric placement.

– mental health evaluation, involuntary commitment and psychotropic medication proceedings.

– domestic violence proceedings.

– alcohol and drug commitment proceedings.

– quarantine and isolation proceedings.

– juvenile delinquency arraignment and detention hearings.

– search warrant and arrest warrant proceedings.

– temporary guardianship and conservatorship proceedings.

New jury and criminal trials were also delayed and grand jury proceedings were suspended.

Presiding judges in all of the districts in Alaska signed the order March 23, suspending proceedings in most civil matters, grand jury proceedings and jury trials until May 1. There were also such details on how proceedings may be conducted, and how attorneys may file documents.

Pate himself is in quarantine as a result of family members’ travel in recent weeks, but he was to be back at the courthouse today.

Other employees of the court system are out of the office for similar reasons: quarantined at home because of family members’ travel, or with kids to take care of at home.

But Pate noted that there is “a decent amount of criminal proceedings going forward.”

On the other hand, with grand jury proceedings and jury trials suspended, “there’s a potential for a bottleneck of cases,” he said.

“This is going to back things up; that’s the reality of it,” Pate said.

Those with questions may call the court at 747-3291. The court fax number is: 747-6690. The court email is  1SIMailbox@akcourts.us, and mailing address is 304 Lake St., Room. 203, Sitka, AK 99835.