Initial Report and Recommendations - Alaska Department of Law

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In MemoriamEric D. JohnsonApril 27, 1965 – May 6, 2005Eric D. Johnson, a tribal rights attorney for the Association of Village Council Presidentsin Bethel, committed hundreds of hours to the work of the Alaska Rural Justice and LawEnforcement Commission, both offering testimony and serving on the law enforcementworkgroup. In so doing, Eric strived to foster greater cooperation and mutual support betweenState and tribal law enforcement systems.Eric came to Alaska in 1994 as a summer law clerk for the Sierra Legal Defense Fund.After graduating with distinction from Stanford Law School in 1995, he returned to Alaska toserve as a law clerk to then Chief Justice Allen Compton of the Alaska Supreme Court, and for asecond year served as the law clerk for the then Chief Judge Alex Bryner of the Alaska Court ofAppeals.From 1997 to 1998, Eric was an Alaska Legal Services Corporation staff attorney inBarrow, after which he received a prestigious two-year fellowship from the National Associationfor Public Interest Law to work in Anchorage for the Native American Rights Fund.Eric’s significant litigation activities included a successful challenge to a 1998referendum declaring English to be Alaska’s official language; a challenge to Alaska’s lawenforcement system for rural villages; multiple cases to enforce tribal government rights underthe Indian Child Welfare Act; and successful litigation challenging the Alaska Legislature’sattempted repeal of a court rule protecting plaintiffs who bring public interest lawsuits against theState of Alaska.Eric’s work also included extensive representation of Alaska Native hunters andfishermen before the Alaska Fish and Game Boards and the Federal Subsistence Board, as well assubsistence litigation. He also provided legal assistance to many villages throughout the Yukon-Kuskokwim Delta.In 2003, the American Civil Liberties Union of Alaska honored Eric’s life work with itsLiberty Award as a Champion of Equal Rights.Eric is remembered for his humility, compassion and good natured interactions withothers. The Commission commends Eric’s dedicated service on the law enforcement workgroupand his valuable contributions to the Commission’s work.ii
PREAMBLETo provide context for the readers of this Report, the Alaska Rural Justice and LawEnforcement Commission sought a personal statement from an elder resident of rural Alaska whocould convey the “sense of place.” Alice Abraham, a respected Yup’ik Elder, agreed to preparethis preamble to the Report. Alice has spent many years working in the mental health andsubstance abuse prevention and treatment fields in rural Alaska and has personally experiencedproblems that are addressed by the Commission. Alice’s is an individual oral history, and thereare as many different oral histories from rural Alaska as there are residents of rural Alaska. Aliceexpresses many experiences, perceptions, and feelings that represent those of other rural Alaskaresidents.The Commission feels that this brief oral history, dictated by Alice and transcribed bystaff, helps to convey the deeply felt – and deeply personal – sense of community, sharing,tradition, and support that prevails in rural Alaska.The Importance of Place in Rural AlaskaAlice Abraham 1I spent my formative years in the small village of Nightmute on Nelson Island, andtraveled to various camps during different seasons with my family of grandparents, parents, aunts,uncles, cousins, and other relatives, gathering food and supplies for the winter. I certainlyappreciate people who have chosen to continue this lifestyle and to continue to live in theirvillages. They have an existing support system of family members, Elders, and other communitymembers. The fondest memories I have of my childhood are living in a winter village and whenthe spring came we went to a spring camp to hunt geese, ducks, trap muskrat and other smallgames, then travel in a boat to a fish camp, Umkumuit, to join the rest of the community tocontinue harvesting food from the ocean and surrounding area. The women in the villages arebusy for days, cleaning and braiding the herring around their heads and then hanging them up inthe racks; cutting up their seal meat to dry; and other games and fish from the ocean and nearbyriver. Once those chores are done, then they would start weaving baskets to trade for the goodswhen the barge Northstar came in from Seattle. And all the children – as children we anticipatedhaving the first taste of fruit, of oranges and apples. It was one of the best treats to die for!I also went with my father to haul goods from the barge to the villages of Tununak andNightmute. I used to be fascinated with the man who directed the traffic of unloading the boxesinto the boats. He would often toss either an orange or apple to the children that came. That wasabout the only time I had a chance to have a whole fruit to myself. And then I get to eat it slowly,savoring every bite of it, ’cause once we’d go home my Dad would bring bags of oranges andapples, and my mother would cut up the apples or oranges into quarters to make them last.When the fish and meat were dried and seal blubber is rendered in their skins, the menwould take them to the food caches, and the preparation for berry picking would start. Eachfamily went to their favorite spots to gather berries and fish for the last summer fish, to dry andsmoke. Once these tasks were done we returned to the main village for the winter, the rest periodfor the food gatherers for awhile, then they would prepare for the winter. These activities were1As she explains in this brief oral history, Alice Abraham grew up in Nightmute and has spent most ofher life in Western Alaska. She became involved in behavioral health services in the mid-1980s andlater pursued and completed her Bachelor’s Degree in the field. She lived in the Copper River Basinand continued to be involved in mental health and substance abuse services until she lost her battle withcancer and passed away on November 29, 2005.Alaska Rural Justice and Law Enforcement Commission - Page 1
Page 2 and 3: IntroductionFor years, Alaska Nativ
Page 6 and 7: continuous. Those who worked hardes
Page 8 and 9: Executive SummaryCreated by Congres
Page 10 and 11: 8. Increase Access to Judicial Serv
Page 12 and 13: Chapter I. Statement of NeedThe Ala
Page 14 and 15: When domestic violence services are
Page 16 and 17: With the advent of statehood in 195
Page 18 and 19: Village Council Presidents, Bristol
Page 20 and 21: “[M]any of the laws that we have
Page 22 and 23: “[W]e’re 10 times the national
Page 24 and 25: Great contrast exists today between
Page 26 and 27: The literature has often decried th
Page 28 and 29: Another resource on economic opport
Page 30 and 31: The continuing escalation of fuel c
Page 32 and 33: In 1999, in an effort to curb youth
Page 34 and 35: and follow-up contacts. Since it wa
Page 36 and 37: Chapter II. Charge to the Commissio
Page 38 and 39: ♦ Gail Schubert, Executive Vice P
Page 40 and 41: additional time to a person speakin
Page 42 and 43: . Exchange of Information. The memb
Page 44 and 45: sheets that had been prepared by th
Page 46 and 47: Chapter IIIResponse and Recommendat
Page 48 and 49: • Developing voluntary memoranda
Page 50 and 51: example, during a protracted negoti
Page 52 and 53: staffing in Alaska is a significant
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history of being in a community for
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“The State of Alaska is mandated
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“The AFN Sobriety program provide
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community enhances alienation and i
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oth the state and the federal gover
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enforcement programs. In this proce
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skills necessary to communicate wit
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and others in the tribal community
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A Comparison of Alaska and the Lowe
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Map Showing the Location of All Ala
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Appendix BBiographical Sketchesof C
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Revenue. Mayor Botelho became Deput
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His wide range of experience includ
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Alaska Rural Justice and Law Enforc
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Workgroup MembersWorkgroup 1: Law E
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Appendix EPhotograph of Commissione
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Appendix FCommission Recommendation
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) Power differential between govern
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9. Adequate legal infrastructure to
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___________________________________
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encouraged and permitted to partici
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Impact Statement:More culturally ap
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Option(s):a) Incorporating attitude
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Current Status:Youth Opportunity Gr
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Ideal Status:a) Aftercare programs
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issues; and in the event this becom
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Ideal Status:Mandatory training yea
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Current Status:In areas without an
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Rationale for Option:To reduce the
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All of the workgroups’ options ca
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• All available vehicles should b
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Appendix HAttachments for Recommend
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(2) materials and equipment used in
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under this section if the family me
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AS 04.11.140(g) package store licen
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Initial Report and Recommendations - Alaska Department of Law

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