Formal Request for Investigation into Alaska Judicial Corruption

To:
• Honorable Legislators of the Alaska State Legislature
• Honorable Michael Dunleavy, Alaska State Governor - governor@gov.state.ak.us
• Kenai Grand Jury and Independent Prosecutor Clinton Campion, 500 L Street, Suite 500, Anchorage, AK 99501 – campion@alaskalaw.pro
• AK Grand Jurors Association PO Box 123, Soldotna, AK 99669 - haeg@alaska.net (907) 398-6403


Under Article 4, Section 12 of Alaska’s Constitution and AS 22.05.120, I formally request a prompt public legislative/executive investigation into evidence of judicial corruption in Alaska and, if warranted by the investigation, commencement of impeachment proceedings against Alaska Supreme Court Justices Peter Maassen, Susan Carney, Dario Borghesan, Jude Pate, and/or Jennifer Henderson.

Cause of Action

In July of 2022, a Kenai Grand Jury started investigating evidence of systemic corruption within Alaska’s judicial system. Of particular concern is evidence that Alaska’s only judge investigator for the last 33 years and counting (Marla Greenstein, over 8000 judge investigations so far) is falsifying official investigations and certified documents to keep corrupt judges on the bench and ruling over We-The-People. (See evidence against Ms. Greenstein – and other evidence/documents cited below - at alaskastateofcorruption.com and alaskagrandjurorsassociation.org)

Immediately after the Kenai Grand Jury subpoenaed Ms. Greenstein, the Alaska Supreme Court issued an order (SCO 1993) changing Criminal Rule 6.1 to further suspend Grand Jury power to investigate, subpoena, recommend, or indict corrupt officials. Yet Article 1, Section 8 of Alaska’s Constitution clearly states: “The power of grand juries to investigate and make recommendations concerning the public welfare or safety shall never be suspended.”

(See also statements by the 55 Delegates who wrote Alaska’s Constitution: “The power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments in connection therewith, shall never be suspended…The grand jury is preserved, for all purposes, particularly for investigation of public officials.” Alaska Constitutional Convention on December 15, 1955 – and included in the Commentary on the Preamble and the Declaration of Rights.)

Internal Supreme Court documents indicate the Justices also refused the established and required oversight of a 13-member Rules Committee meeting before changing the rules to suspend the Grand Jury – even after Rules Committee members asked for a meeting and protested: “the rule changes were important and serious changes of a constitutional nature and should not be rushed through.” See SCO 1993 History at alaskastateofcorruption.com

Unlikely as it sounds, it appears the Alaska Supreme Court willfully and intentionally violated the Alaska Constitution – to derail an investigation into evidence of corruption by Alaska’s judges.

But maybe this is not unlikely: for when the Alaska Supreme Court first implemented Criminal Rule 6.1 in 1989 to start suspending Grand Jury power, two of the five Justices at the time (Burke and Compton) voted against it and stated: “This procedural rule [6.1] is not the least bit deferential to the ‘anti-suspension’ clause. Indeed, it mocks it. The grand jury, and not the courts, can choose matters on which it reports and recommends, and the manner in which to do so. Its constitutional power shall never be suspended by the overlay of cumbersome procedures which provide for private judicial adjudications…” See O’Leary v. Superior Court 816 P.2d 163 170-171 (1991)

Without doubt Justices Burke and Compton (both now deceased) would be absolutely appalled – as would the 55 Delegates who wrote our Constitution - if they knew how the current Supreme Court changed Rule 6.1 to finish stripping Grand Juries of their power to battle corrupt government officials.

Events in California confirm this dilemma is not unique: “San Francisco, CA grand juries were finally able to break through decades of widespread municipal corruption there. The San Francisco political machine had even received assistance from the California Supreme Court, which issued rulings restricting the grand juries’ efforts.” See The Alaska Grand Jury: Its Historical Common Law Development, Its Power To Investigate Anything Of Public Concern, and Its Suppression By Alaskan Officials Who Fear Its Independence (2022 - Ignell).

But the current Alaska Supreme Court didn’t just attack our Grand Juries – for their SCO 1993 rule change also states that individual citizens do NOT have “a right to present any matter directly to the grand jury for consideration.” Yet the 55 Delegates who wrote Alaska’s Constitution stated, without a single Delegate in dispute: “The Grand Jury can be appealed to directly, which is an invaluable right to the citizen.” Alaska Constitutional Convention transcript page 1328. Thus, it is indisputable that the Alaska Supreme Court also took an “invaluable right” from We-The-People.

The common theme of these constitutional violations? To transfer the power of who gets to decide if Alaska’s government officials are investigated and prosecuted. Before Rule 6.1 and SCO 1993 it was individual citizens and citizen Grand Juries who decided if government officials were investigated and prosecuted. Now it is government officials who decide if government officials are investigated and prosecuted. The fox is now guarding the henhouse.

Ballot Initiative?

We-The-People humbly ask Alaska’s brave Legislature and Governor to help us in our hour of great danger and need, with a public investigation and, potentially, a subsequent impeachment trial – followed by legislation to make sure this astonishing situation never happens to future generations.

And, if our Legislature and Governor are unable to act, we ask them to inform and help us move forward in a timely manner with a Ballot Initiative.

Most Sincerely,