Mark Dundore writes in the strongest support possible of HB384. The following is an exerpt from Mark relating to grand juries.
HB384 “An Act relating to grand juries; amending Rules 6(e), (i), (n), (p), (s), and (u), Alaska Rules of Criminal Procedure; and repealing Rules 6(j) and 6.1, Alaska Rules of Criminal Procedure.”
AGJA supports this bill.
This absolutely needs to be passed and I urge you to make every effort to make it happen. I have been in the process of trying to obtain any report of a Grand Jury investigation in Anchorage. I was informed by Kevin Kackman reachable at kkackman@akcourts.gov, Assistant Supervisor, Records Division (1-907-264-0492), that all of the Grand Jury reports in Anchorage have been classified as confidential. None of them are available to the public. Under rule 6.1 there is a “reasonable” period of time where a report can be confidential to allow for a defendant to obtain counsel or for authorities to complete an investigation. This was mentioned that it is not a capital case which Grand Juries typically deliberate on (which could be confidential based on a variety of factors) rather it is a corruption investigation. The specific report I was looking for was certified on April 28, 2023 on judicial corruption and now many months later, the “reasonable” time period to change it from “confidential” and publish is long past.
This seems like a blatant mocking of the Alaska Constitution’s specific prohibition of impeding the Grand Jury. Clearly, more specific wording is needed in the law. If there is a problem with or corruption in the executive branch, the people’s only recourse is a lawsuit. If there is a problem with or corruption in the legislative branch, the people’s recourse is a lawsuit. If there is corruption in the judicial branch, the people’s ONLY recourse is a Grand Jury investigation. The checks and balance on the govenment must be weighed equally. These reports are being blocked from publication by those who are being investigated. This is the very reason there IS a line in the constitution stating: “The power of Grand Juries to investigate and make recommendations concerning the public welfare or safety shall never be suspended.” By suppressing all the reports, they are suspending the recommendations. This in itself should be actionable. Thank you for taking action on this very important issue. If the public cannot have confidence that there will be justice, then there is no recourse for lawlessness. Additionally, the judiciary changed/replaced large portions of the Grand Jury handbook without oversight or due process. Modern Grand Juries are not operating under the instructions which were originally approved. This must be rectified. Please contact me with questions or concerns. Thank you, Mark (Atyátx’i Latíni) Dundore Juneau
