The Alaska justice system’s historic partnership with the legal
community of Khabarovsk began with a visit to Alaska by Justice John Dooley
of the Vermont Supreme Court. Justice Dooley had been active in creating
partnerships between various court systems in the eastern United States
and the western regions of Russia, under the umbrella of a not-for-profit
organization—the Russian-American Rule of Law Consortium. After
learning how existing partnerships had begun and flourished between the
eastern states of our country and the western regions in Russia, the Alaska
Supreme Court decided to participate. The choice of Khabarovsk, in the
Russian Far East, was urged by Court of Appeals Judge David Mannheimer,
who had visited the region.
The partnership began officially in December
2001, with Judge Mannheimer and myself as co-chairs working with a steering
committee of lawyers, judges, and active community members. An initial
expression of these efforts involved a visit to Khabarovsk by Judge Patricia
Collins and lawyer Steve Yoshida.
In June 2002, we hosted our first partner
visit by judges and lawyers from Khabarovsk to Alaska. The purpose of
this visit was to plan for the future of the partnership. Because we needed
orientation regarding current issues in Khabarovsk and the Khabarovsk
jurists, in turn, desired an overview of the Alaska legal system, these
initial sessions covered many topics—judicial independence, jury
trials in criminal cases, court administration, and development of the
legal profession.
The first formal partnership conference
took place in Khabarovsk in September 2002. The theme of that initial
program in Russia was legal reforms, including a focus on the new Russian
Code of Criminal Procedure.
March 2003 brought another Khabarovsk delegation
to Anchorage to discuss court management, organization of the bar association,
ethics, Alaska’s court observer program, and the place of volunteers.
The following September, Khabarovsk lawyers and judges working with Russia’s
new jury system came to Anchorage for a week of jury trial observation
and study. That trip was followed by a conference in Khabarovsk in December
that Alaska Federal Public Defender Rich Curtner and Judge Eric Smith
helped to facilitate.
Judge Collins took over the role of co-chair,
replacing Judge Mannheimer in 2004. In September 2004, yet another group
from Khabarovsk came to Anchorage and Juneau to study commercial court
issues and bankruptcy law. The following June, Rich Curtner with Justice
Paul DeMuniz of the Oregon Supreme Court taught a class on the jury at
the law school in Khabarovsk. This was followed by a conference on civil
litigation for legal practitioners in Khabarovsk, in which Judge Patricia
Collins and then-Chief Justice Alexander O. Bryner participated.
The past two years have been equally rich
in programming. In September 2005, a delegation of Russian women lawyers
and judges came to Alaska for a view of our handling of family violence
and juvenile justice issues. A juvenile justice conference was held in
Khabarovsk in June 2006 with retired judge Elaine Andrews, Justice Walter
L. Carpeneti and Juneau Mayor Bruce Botelho participating from Alaska.
Therapeutic and preventative models for community-court cooperation were
presented, along with the concepts behind children’s advocates in
our courts. September 2006 brought another group from Khabarovsk to learn
Alaska’s approach to court transparency and court employee ethics.
Our pattern of hosting a group of Khabarovsk
lawyers, judges, law professors and court administrators in Alaska as
a prelude to a larger conference on the same topic in Khabarovsk has proven
to be a successful model. This past year I traveled with Judge Collins
and Deputy Attorney General Rick Svobodny to Khabarovsk to discuss court
transparency issues, the role of technology, privacy issues, public accountability,
and the effect of all of these on the criminal justice system. Last September,
we hosted a group in Alaska to focus on the voir dire process, public
access to the courts, media issues, and the role of plea-bargaining.
The history of this project is more than
a mere chronology: It shows the evolution of a sophisticated dialogue
between legal professionals and those affected by the courts. While cultural,
political, and geographic differences have created features particular
to the Russian and American systems, our goals are the same: to improve
justice in our communities, creating and maintaining fair, predictable,
accessible courts.
Marla Greenstein is Executive Director
of the Alaska Commission on Judicial Conduct and co-chair of the KAROL
partnership.

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