Alaska Chief Justice Joel Bolger issued a special order suspending all in-person criminal and civil jury trials until November 2nd, 2020. The order will be in place unless it is suspended at a review on September 18th.

Undoubtedly, victims have questions. Victim service providers, such as Victims For Justice (VFJ), and the Office of Victims’ Rights (OVR), do not have all of the answers. As we navigate these changes in the justice system, we’d like to provide you with some of the frequently asked questions that victim service providers, such as VFJ, and OVR receive from victims, along with the answers provided to the best of their abilities.

1. Why are there delays in my case?

Office of Victims’ Rights Director, Taylor Winston, explains we are in a very particular situation because of COVID-19. Many defendants would like to go to trial but can’t. Countless victims are frustrated with the delays. There are an approximate of 800 unclassified class A level felony cases that are over two years old and have not gone to trial. Simultaneously, the volume of cases across the state continues to rise. There are issues in the criminal justice system that the coronavirus has only exacerbated.

Because of the health mandates in the state, the logistics of holding a trial are very complicated. People that are not involved in the criminal justice system may not be aware of all of the levels of involvement that come with a trial. For instance, take the jury selection process. Many individuals are not comfortable with risking their health while attending a jury trial. Another complication is that courtrooms across the state are different sizes, therefore, in the case of small courtrooms, even if you socially distance everyone, you cannot fit all of the necessary actors that have to be there for the trial such as the Defense Attorney, District Attorney, Defendant, Judge, jurors, witnesses, and the public. It would not be fair for some cities in Alaska to have the ability to hold trials while other cities are not equipped to do so. That is another aspect, the courtrooms are open to the public. The question of who would be required to wear masks and who wouldn’t be is also being discussed.

Taylor Winston says many discussions are being held at an inter-agency level as to how to hold trials fairly so that victims and defendants’ rights are protected. She warns, if things are not done cautiously, there can be many appeal ramifications to a case. Victims do not want their case to go to trial that would eventually end in appeal. An alternative is a bench trial which must be agreed upon by the state and defense Attorneys.

2. Is there anything I, as a victim, can do to advocate for my case?

Michelle, Victim Advocate with VFJ, explains victims have a constitutional right to a timely disposition. An Advocates’ role is to help ensure the victim’s voice is heard, whether that is through the conversation with the prosecutor or an impact statement to the judge.  Although there are delays in the system, in some instances, Advocates find it appropriate to refer victims to the Office of Victims’ Rights.

OVR’s position is that while there is a constitutional right to a timely disposition in a case, the halting of trials has resulted in the defendants’ rights also being imposed upon. There is no legal argument that OVR lawyers can make in court at this time, that will substantiate the need for victims’ rights to a timely disposition, as defendants are also facing substantial delays in their right to a speedy trial, Taylor Winston says.

What to expect.

Being upfront with people navigating the criminal justice system and mitigating their expectations as to the timely disposition of a case is very important. On a good year, Advocates estimate the duration of the legal process for a homicide case to be two and a half years. With the current backlog in the legal system, they now tell victims of homicide cases to expect a trial to occur within three and a half to four years. Advocates explain that although victims are concerned, even if the trial were to occur, this doesn’t necessarily mean they will get closure. An Advocates’ job is to listen, be another set of ears, assist in processing all the information, and provide resources to victims such as peer support and counseling.

Advocates are also feeling the impact. They miss the support-network interaction that they would get while providing in-person court accompaniment. However, they are working remotely and listening to the hearings. “It’s just not the same, we’re doing the best we can to answer the needs of our clients without in-person visits, at a distance,” Michelle Evans says.

So… when will trials start up again?

Taylor Winston explains that the startup of trials will not happen before November 2020. Discussions are happening and the legal system is brainstorming on the safest way for trials to start back up in November. A potential plan is to start with misdemeanor trials, which logistics wise, are a lot less complicated. Depending on the number of coronavirus cases in our state and how the misdemeanor trials run, more trials will be added, including felony cases.

“I consider that the Supreme Court is being thoughtful of people’s health and both the rights of defendants and victims. A common feeling amongst victims is that they are not treated fairly. This is the one place where victims and defendants are on the same level playing field, they both are being treated equally, this is what justice should be, rather than forcing cases to go to trial”, Taylor explains. We understand victims’ frustrations and want them to know that their concerns do not go unnoticed and the delays have not been decided upon lightly.

The Office Of Victims’ Rights is an agency of the Alaska Legislature that provides free legal services to victims of crime to help them obtain the rights they are guaranteed under the Alaska constitution and statutes about their contacts with police, prosecutors, judges, and other criminal justice agencies in this state, as well as to advance and protect those victim rights in court when necessary and authorized by law. For more information on OVR visit https://ovr.akleg.gov/