Justice in a Deep Freeze — Alaska Struggles With a Dearth of Prosecutors
If you're thinking about relocating to a spot farther north, Alaska would appreciate your consideration. The state is known for its unmatched natural beauty, stellar fishing, and affordable real estate. You'll even be rewarded for moving in and sticking around.
Oh, and if you're a lawyer interested in becoming either a prosecutor or a defense attorney with an unfathomably large caseload, Alaska would really appreciate your consideration. It would help with the backlog in the court system, which is seeing prosecutable crimes dismissed at an alarming rate.
And Justice for All. Some. Okay, a Few.
Alaska is the largest U.S. state by area, but the population is less than half that of Manhattan's. There are only seven four-year colleges in Alaska and exactly zero law schools. This isn't the only reason the state suffers from a lack of practicing attorneys, but it's certainly an important one.
Alaska has roughly 3.11 attorneys for every 1,000 residents. That puts it below the national average of about four per 1,000, but it's not as dire an issue as elsewhere. In Anchorage, where nearly 40% of the state's population lives, over 900 misdemeanor cases were dismissed between May and October of 2024 due to a lack of available prosecuting attorneys.
The woes of the Alaska court system are not limited to misdemeanors. According to the National Center for State Courts, felonies should be tried within a year. Nonetheless, felony cases can experience delays in Alaskan courts that have lasted up to a decade. What exactly is going on in the Last Frontier?
A Matter of Time
The Sixth Amendment, among other rights, states that defendants have the right to a speedy trial. Alaskan law embraces this concept by demanding that criminal felony cases be heard within 120 days. While this is noble in theory, meeting that standard has become a rare feat. What's causing the delays?
The aforementioned shortfall of attorneys is part of the problem. While prosecutors and public defenders are forced to grapple with an overwhelming number of cases, it's not much easier for lawyers in private practice. When unable to properly prepare for court, attorneys can request pretrial delays. And therein lies the issue.
The finger of blame has often been pointed at the judges who allow the requested delays. Despite alarms being sounded by the Alaska Office of Victims' Rights, delays continue to undermine the state's attempt to administer justice properly. It's not unreasonable for an attorney handling hundreds of cases at once to need a trial delayed due to a schedule conflict, but the delays can stack up.
While some requests are legitimate, defense attorneys are aware that the longer a case takes to get to trial, the better it is for their clients. Every pretrial delay offers the opportunity for the prosecution's case to be weakened. Victims may leave the state or die. Witnesses may tire of preparing to testify only to be told the trial has been postponed.
Alaska's rule for speedy trials is being abused as well. Defendants and lawyers cognizant of the 120-day limit can use the state's inability to meet the deadline as a means for dismissal. Given that many DUI offenses are misdemeanors, this sort of legal manipulation can have deadly repercussions.
Stepping Up to the Bar
Both the state and municipalities are taking steps to reverse this worrisome trend. Anchorage has increased pay for its attorneys and added incentives to lure in new hires. In a state that has some of the nation's highest firearm ownership rates along with consistently ranking near or at the top when it comes to women murdered by men, a functional justice system isn't an option. It's a necessity.
Related Resources
- Right to a Speedy Jury Trial (FindLaw's Learn About the Law)
- The Sixth Amendment - Rights of the Accused (FindLaw and the Constitution)
- 5 Reasons Criminal Trials Are Often Delayed (FindLaw's Law and Daily Life)
