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15 Alaska Just. F. 1 (1998-1999)

handle is hein.journals/aljufor15 and id is 1 raw text is: ALASKA JUSTICE FORUM A Publication of the Alaska Justice Justice Center Statistical Analysis Unit Spring 1998 UNIVERSITY OF ALASKA ANCHORAGE Vol. 15, No. 1 Criminal Defense in Rural Alaska Rachel King While Alaska Natives are only 16 per cent of the overall population of the state and only 12 per cent of the adult population, Alaska Department of Corrections statistics indicate that approximately 34 per cent of the current population in Alaska prisons is Alaska Native. This article focuses on several structural aspects of the criminal justice system in rural Alaska which may contribute to this overrepresentation of Alaska Natives in the state's prisons. While some of the problems identified can involve non-Natives as well as Natives, this discussion focuses primarily on the situation of rural Alaska Natives. In writing the article, I have drawn upon my work as an assistant public defender and upon additional research. From 1991 to 1994, I represented indigent clients in the jurisdictions of Ketchikan, Kodiak and Kotzebue. Each of these areas is populated by different Alaska Native groups: Tlingit, Haida and Tsimshian Indians in Ketchikan; Alutiiq in Kodiak; and Inupiat in Kotzebue. During my three years of work, I kept a detailed journal of my experiences in these communities. Quotations from this journal are presented in italics. Attorney-Client Relationship Vast distances separate clients in rural Alaska and the few attorneys available to represent them. In more remote parts of the state, transportation and communication sys- tems resemble those in developing countries; HIGHLIGHTS INSIDE THIS ISSUE * A examination of the case histories of Alaska Native, African American, and white youth with multiple referrals to the juvenile justice system (page 2). * Current Justice Center research projects (page 8). power outages, poor Figure 1. h equipment and bad BARANOF N weather often inter- /I tLabouche fere with communi- 1Bay cation.Aenr Southeast Alaska I served three is- lands in Southeast Alaska while work- ing out of the Pacific Ketchikan office- Ocean Revillagigedo Island, where Ketchikan is located; Prince of Wales Island; and Annette Island, where Metlakatla is located. Travel be- Area of map tween islands was by ferry, plane or charter boat. Once a month I caught a float plane, or put my car on the ferry, and traveled to Craig, which is the court seat for Prince of Wales Island. Un- less they traveled to see me, this monthly visit was the only chance I had to meet with clients in person. The extent of my caseload made more frequent travel impractical. The history of my first jury trial exemplifies some of the problems of representing clients in Southeast Alaska. The client lived in Whale Pass on Prince of Wales Island. The only telephone in Whale Pass was at the general store-a place of little privacy. Pretrial communication with my client was limited to writing and the one visit which she made to Ketchikan. To investigate the case before trial, I traveled by ferry from Ketchikan to Prince of Wales Island, a journey of several hours. I left Saturday morning; trial was scheduled for Tuesday. On Prince of Wales Island, I drove one and a half hours from a paved road to a logging road. From the end of the pavement to Whale Pass, a distance of about 125 miles, the drive took nearly four hours. I arrived in Whale Pass around 8:00 PM, about twelve hours after boarding the ferry. Because Whale Pass had no public accommodations, I slept on the floor of the laundromat, which was actually the back room of a store selling convenience items like cigarettes, coke, potato chips and frozen burritos. The store owner carried me in his boat from where the road ended to my client's home at the end of the point. Her log cabin lacked a telephone as well as indoor plumbing and electricity. She was charged with theft and criminal trespass; it was alleged that she had taken some gasoline from her neighbor. To prepare the defense, I needed to examine the property boundaries between her cabin and the neighbor's property and to question the townspeople about the character of the complaining witness. My investigation helped me to impeach the witness during cross-examination. The jury acquitted my client, but without the trip to Whale Pass, the result might have been otherwise. While not all villages on Prince of Wales Island are as remote as Whale Pass, it is common for residents, both there and on Annette Island, to lack telephones. If clients Please see Criminal Defense, page 5

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