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47 Alaska B. Rag 1 (2023)

handle is hein.barjournals/askabar0047 and id is 1 raw text is: 
























Association brings MLK Day


free legal clinic to Bethel

                                    saw  how my  presence added to the
  By  Zach  Manzella       effort. She let me know Russ Win
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                    For 14 years
                 the Alaska Bar
                 Association has
                 been holding its
 P R O  B O N 0  Martin  Luther
                 King  Jr.  Day
Legal Clinic. It has been a privilege
and a lot of fun to serve the commu-
nity through this event. This past
year the Bar Association brought
the MLK  Day Legal Clinic to Beth-
el, and I am grateful that I could be
a part of that effort, too.

How   it began
   The way 1 remember it, in 2009
Krista Scully, the Alaska Bar Pro
Bono director, called me to ask if I
would join an organizing commit-
tee to create a free legal clinic to be
held on MLK  Day. Having worked
with Krista on other projects prior
to that phone call, I trusted that
she had a vision for the project and


ner proposec re  concept, sne was
aiming to get six to eight people on
the committee, she had looked into
similar projects from other state
bar associations, and she had some
ideas and models for us to review. I
was in.
   The first MLK Day  Legal Clinic
in January  2010 was  held at the
Mountain  View Boys and Girls Club
which has continued to provide the
Bar Association with a venue for the
Anchorage  MLK   Day Legal Clinic
when  we have been able to hold it in
person. In 2010 and for most of the
years going forward, I found myself
facilitating the Intake Section for
the clinic. Intake was designed to
be a triage type of area with parale-
gals, attorneys and judges meeting
with clients to educate them on the
process for the day and to identify
the clients' legal issues so that the

           Continued  on page  10


Alaska Supreme Court takes deliberations to high school


By  Meredith   Montgomery


   Supreme   Court  LIVE   brings
Alaska  Supreme  Court oral argu-
ments  in actual cases to student
audiences  in Alaska  high school
auditoriums. Designed to help stu-


dents better understand the justice
system, this unique  learning op-
portunity debuted in 2010, and has
brought cases to Anchorage, Fair-
banks, Juneau,  Kenai, Ketchikan,
Palmer, Sitka and Utqiagvik. LIVE
offers high school students an oppor-
tunity to learn about the progress of
an actual appellate case and to ob-
serve the Supreme Court in session.
As  part of its program, the court
conducts oral arguments  in  high
schools throughout the state. In No-
vember  2022, Fairbanks  students
and  teachers gathered at Lathrop
High School to hear oral arguments
in State of Alaska v. John William
McKelvey III.
   The case illustrates the tensions
between  law  enforcement  and  a
citizen's right to privacy. This case


arises from a crim-_
inal investigation
near   Fairbanks.
After  an  Alaska
State  trooper re-
ceived a tip about
a       marijuana
grow     operation
at a persons resi-
dence and  nearby
greenhouse,   the
trooper took pho-
tographs from  an
airplane  using a
telephoto    lens.
The  trooper relied
on these photos andt


The Alaska Supreme Court hears arguments before students and teachers at Lathrop
High School in Fairbanks. (Photo by Meredith Montgomery)


drug-related offenses based on the
evidence taken during the search.
The  homeowner  argued  that sur-
veillance with an airplane and a
telephoto lens was a search that vio-
lated his constitutional rights to be


LIVE offers high school
students an opportunity
to learn about the
progress of an actual
appellate case and to
observe the Supreme
Court in session. As
part of its program,
the court conducts oral
arguments  in high schools
throughout  the state.


the tip to get a


search warrant from the court. The
homeowner  was  later charged with


free from unreason-
able searches  and
seizures. The Supe-
rior Court decided
the police photogra-
phy in this case was
not  a search. but
the Alaska Court of
Appeals  disagreed.
deciding  that the
trooper violated the
Alaska    Constitu-
tion by not getting
a warrant first. The
Alaska    Supreme
Court  granted the


State of Alaska's request for review
of the Court of Appeals decision.
   Volunteer   attorneys  visited


classrooms in the week  preceding
the session to prepare students to
understand the legal arguments in
the case. They discussed the appel-
late process in general and the legal
issues presented by this case. Stu-
dents had access to briefs and other
written materials relevant to the
case. After the oral argument ses-
sion ended, students had an oppor-
tunity to ask questions of attorneys
and the justices.
   The  written materials used for
this case and the briefs, including
an amicus curiae brief submitted by
the Alaska Public Defender Agency
on  behalf of the respondent. are
available on the court's website un-
der the media tab. Video footage
of the session is available through
KTOO   Public TV in Juneau under
Gavel Alaska.
    Meredith Montgomerr is clerk of
              the Appellate Courts.


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