The ability of citizen grand juries to investigate government actions has long been a crucial aspect of American society. Dating back to the 17th century, grand juries have played a vital role in keeping government officials accountable. However, in Alaska, there are growing concerns that this important constitutional right is being undermined and suppressed.
Alaska’s founders were staunch supporters of the investigative and reporting powers of the grand jury. In fact, they enshrined the broad powers of the grand jury into the state’s Constitution in 1956. The Anti-Suspension Clause in Article I, Section 8 of the Constitution explicitly states that “the power of grand juries to investigate and make recommendations concerning the public welfare and safety shall never be suspended.”
Despite these constitutional protections, state officials, including the Alaska Supreme Court, the Attorney General, and senior attorneys in the Alaska Department of Law, have been working to suppress grand jury investigations. This has raised concerns about government transparency and accountability.
One example of this suppression is the case of Kenai resident David Haeg, who has been trying for years to launch a grand jury investigation into the criminal justice system. Haeg believes that there is widespread corruption among judges, prosecutors, law enforcement, and their regulators. However, his efforts to present evidence to the grand jury have been thwarted by district attorneys and court orders.
Similar experiences have been reported by other Alaskans seeking to obtain grand jury investigations. The Office of Children’s Services (OCS) has come under scrutiny for alleged illegal activities, including covering up incidents of child abuse. However, those who have tried to bring evidence to the grand jury have been met with resistance from prosecutors and other state officials.
The Alaska Supreme Court has played a prominent role in limiting the powers of the grand jury. Its rules and regulations have severely restricted the ability of grand juries to expose government misconduct. For instance, Supreme Court Order 1993, which came into effect last year, places stringent restrictions on how grand juries can act and limits their ability to issue reports with findings and recommendations.
These restrictions have not only undermined the independence of the grand jury but have also diminished public confidence in the judiciary. There are growing concerns that the Supreme Court and the Department of Law have conspired to bypass the Constitution and create rules that serve their interests.
There are pending legislative bills aimed at judicial reform that could help restore the independence of the grand jury. Senate Bill 31 and House Bill 82, introduced by Sen. Mike Shower and Rep. George Rauscher respectively, seek to address these issues. It is crucial for citizens to support these bills and push for their immediate passage to protect and restore the grand jury’s independence.
In conclusion, the suppression of grand jury investigations in Alaska raises significant concerns about government transparency and accountability. The actions of state officials, including the Alaska Supreme Court, have undermined the independence of the grand jury and limited its ability to expose government misconduct. Immediate legislative action is necessary to protect and restore the grand jury’s essential role in keeping government officials in check and ensuring accountability.