Justia Government & Administrative Law Opinion Summaries

Articles Posted in Alaska Supreme Court
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Luciano G. appealed a court order involuntarily committing him for mental health treatment. He argued the court erred in making two findings: (1) that as a result of his mental illness he posed a risk of harm to others; and (2) that there was no less restrictive alternative to committing him to the Alaska Psychiatric Institute (API). He contended his conduct did not meet the statutory criteria of “likely to cause serious harm” and that there was insufficient evidence presented that there was no less restrictive alternative for his treatment. Because the Alaska Supreme Court found the superior court’s findings were supported by clear and convincing evidence, and the superior court properly determined that the man’s conduct met the statutory criteria, it affirmed the commitment order. View "In the Matter of the Necessity for the Hospitalization of Luciano G." on Justia Law

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A juvenile from a small village could not afford to travel to the site of his juvenile delinquency proceeding. His attorney with the Public Defender Agency (the Agency) filed a motion asking the superior court to require the Division of Juvenile Justice (DJJ) to pay the travel expenses for both the juvenile and one of his parents. The superior court denied the motion and required the Agency to pay the expenses. The court of appeals upheld the superior court’s decision, reasoning that the Agency’s authorizing statute could plausibly be interpreted to cover client travel expenses and that this reading was supported by administrative guidance in the form of two Attorney General opinions and a regulation governing reimbursements by the Office of Public Advocacy (OPA). The Alaska Supreme Court granted the Agency’s petition for hearing, asking the Agency and DJJ to address two questions: (1) whether the Agency has a statutory obligation to pay its clients’ travel expenses; and (2) whether DJJ has a statutory obligation to pay those expenses. The Supreme Court concluded neither entity’s authorizing statutes required the payment and therefore reversed the court of appeals. The Court did not address the question of how these necessary expenses were to be funded; the Court surmised that was an issue for the executive and legislative branches. View "Alaska Public Defender Agency v. Superior Court" on Justia Law

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In 2015, then-21-year-old G.L. was arrested after allegedly firing a loaded shotgun at buildings and people in his village. G.L. faced criminal charges related to the shooting, but the superior court ultimately ruled him mentally incompetent for criminal proceedings and in 2016 committed him to Alaska Psychiatric Institute (API) for competence restoration. G.L. was diagnosed with schizophrenia. He refused to consistently take medications and “was becoming increasingly psychotic and paranoid and dangerous” while at API for competence restoration. G.L. appealed a 180-day involuntary commitment order, arguing that the evidence presented at the commitment hearing was outdated and insufficient to support concluding that he continued posing a risk of harm to others. Because the superior court correctly applied the involuntary commitment statute in this case, appropriately considering the patient’s recent history of conduct and demonstrated unwillingness to comply with treatment, the Alaska Supreme Court affirmed the commitment order. View "In the Matter of the Necessity for the Hospitalization of G.L." on Justia Law

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In a case of first impression for the Alaska Supreme Court, at issue was the use of electroconvulsive therapy (ECT) to a catatonic, non-consenting patient. In March 2017, police officers found Lucy G. in an Anchorage parking lot, wet and shivering. She was taken to a local hospital, where she initially exhibited “agitated, self-harming, and disoriented” behaviors requiring sedation for her and the staff’s safety. Lucy, who was calm but unresponsive by the end of the day, was diagnosed as catatonic. Hospital staff also noted her prior schizophrenia diagnosis and psychotropic medication prescriptions, as well as hospitalization the prior month. After a petition by hospital staff, the superior court authorized Lucy’s hospitalization for an involuntary commitment evaluation. She would ultimately be diagnosed with catatonia, involuntarily committed for 30 days, and given psychotropic medication and involuntary ECT. At the superior court hearing, the parties agreed that constitutional standards established in Myers v. Alaska Psychiatric Institute, 138 P.3d 238 (Alaska 2006) for ordering involuntary, non-emergency administration of psychotropic medication also applied to involuntary ECT. The patient argued there should have been heightened standards for ordering involuntary ECT and that, in any event, the superior court’s Myers analysis was legally deficient. The Alaska Supreme Court held that the superior court did not plainly err by applying the existing Myers constitutional standards to authorize involuntary ECT to the non-consenting patient. The Court also held the superior court made sufficient findings related to each relevant, contested mandatory Myers factor. Therefore, the Court surmised these findings supported the court’s involuntary ECT order. View "In the Matter of the Necessity of the Hospitalization of Lucy G." on Justia Law

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A minor died in a motorized watercraft accident on a lake managed in part by a municipality: the State owned the lake but shared management authority with the City. State law at the relevant time allowed motorized watercraft on the lake as long as they did not degrade or damage the lake or its surroundings. A State land use plan also covered the lake, but the plan did not appear to regulate watercraft use. Like the State’s land use plan, the City’s comprehensive land use plan required only that the lake be managed to preserve the area’s natural features. The City did not have a separate land use plan for the lake. The minor’s mother sued, claiming that the municipality negligently failed to take measures to ensure safe operation of motorized watercraft on the lake. The municipality sought summary judgment based on discretionary function immunity, which the superior court granted. Because the superior court correctly applied the doctrine of discretionary function immunity, the Alaska Supreme Court affirmed its decision. View "Haight,v. City & Borough of Juneau" on Justia Law

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A hotel housekeeper injured her back while lifting a pile of linens. Her employer challenged her application for benefits based on an examining doctor’s opinion that she was medically stable and that the job injury was no longer the substantial cause of any disability or need for medical treatment. After a hearing, the Alaska Workers’ Compensation Board decided that the woman was medically stable as of the date of the doctor’s opinion and therefore not entitled to further disability payments or to benefits for permanent partial impairment. The Board also denied further medical care after the date of medical stability. The Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decision, and the woman appealed. Because the Board’s selected date of medical stability was not supported by substantial evidence in the record, the Alaska Supreme Court vacated the Commission’s decision and remanded the case to the Commission with instructions to remand the case to the Board for further proceedings. View "Tobar v. Remington Holdings LP" on Justia Law

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Mother, Anette H., appealed the termination of her parental rights to her son, who was found to be a child in need of aid based on a hair follicle test positive for controlled substances. She argued that without proof that her drug use caused the child’s exposure, there was no causal link between her conduct and any circumstances that may have endangered the child. She also argued the Office of Children’s Services (OCS) did not make reasonable efforts to reunify the family because it failed to adequately accommodate her mental health issues. Because the record supported the superior court’s finding that the child was in need of aid, and because OCS’s efforts were reasonable under the circumstances, the Alaska Supreme Court affirmed termination of the mother’s parental rights. View "Annette H. v. Alaska, Department of Health & Social Services, Office of Children's Services" on Justia Law

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After 36 years of service with the Alaska Railroad Corporation, most of those years as a conductor, Harry Ross, an African-American man, applied for a newly created managerial trainmaster position, but he was not chosen. He brought an unsuccessful internal racial discrimination complaint. He brought a similar complaint before the Alaska State Commission for Human Rights, and it was denied. He then appealed to the superior court, and it ultimately affirmed the Commission’s determination that he had failed to carry his burden of showing racial discrimination. On appeal to us, the man contends that the Railroad’s stated reasons for not hiring him were pretextual. Although the Alaska Supreme Court found some basis for Ross’ arguments that a hiring panel member may have harbored racial prejudice and that the explanation that he was not chosen because of poor interview performance was a post-hoc rationalization, the Court reviewed the Commission’s determination only for substantial supporting evidence. Under this deferential standard of review, the Supreme Court concluded the evidence detracting from the Commission’s determination was not dramatically disproportionate to the supporting evidence. Because substantial evidence in the record thus supported the Commission’s determination, the Court affirmed the superior court’s decision upholding it. View "Ross v. Alaska Human Rights Commission" on Justia Law

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After an Anchorage strip club applied to have its liquor license renewed the Alcohol and Beverage Control Board received multiple objections to the renewal. Former employees, the Department of Labor, and the Municipality of Anchorage each alleged wage law violations, untrustworthy management, and unsafe policies. After three hearings before the Board and one before an administrative law judge, the Board denied renewal because it was not in the public interest. The club appealed to the superior court, which affirmed the Board’s decision. The club appealed to the Alaska Supreme Court, arguing it was unreasonable to find that renewal was not in the public interest and that the club was denied due process in the administrative proceeding. After review, the Supreme Court found no reversible error and affirmed the superior court’s decision to uphold the Board’s determination. View "Fantasies on 5th Avenue, LLC. v. Alaska Alcoholic Beverage Control Board" on Justia Law

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Jeff Graham was employed as a firefighter/EMT by the Anchorage Fire Department (AFD). He worked for AFD since 1995 and has held his then-current position since 2003. After taking AFD’s engineer promotional exam in 2010, Graham wrote a letter to the AFD fire chief criticizing the subjective nature of the test. In 2012 Graham failed the interview portion of the engineer exam. He subsequently filed a complaint with the Alaska State Commission for Human Rights, alleging discrimination on the basis of his race (Korean) and age (48). He also petitioned his union, the International Association of Firefighters Local 1264 (the Union), to file a grievance against the Municipality of Anchorage on his behalf, under the Union’s Collective Bargaining Agreement (CBA) with the Municipality. Graham later prevailed in a civil suit against the Municipality of Anchorage for breach of contract and breach of the implied covenant of good faith and fair dealing. He was awarded partial attorney’s fees under Alaska Civil Rule 82(b)(1). Graham argued he should have instead been awarded full fees and costs under his union’s collective bargaining agreement with the Municipality. Because the fee recovery provision in the agreement was not applicable to Graham’s case, the Alaska Supreme Court affirmed the superior court’s order denying Graham’s motion for full attorney’s fees and costs. View "Graham v. Municipality of Anchorage" on Justia Law