Pretrial delays
Alaska’s court system is struggling. Pretrial delays are getting worse. Defendants, victims, and families are stuck waiting. Cases drag on for years. Many sit in jail, even though they have not been convicted.
In January, Phillip Drummer called into court from jail. He begged to go to trial. Drummer was charged with domestic violence assault in December 2023. He had been waiting for over a year.
The prosecutor was ready to go to trial. But his defense attorney was not. The court told Drummer he could represent himself. He refused. More Delays
Drummer told the judge, “This is totally not fair to me.” He didn’t understand why he had to wait. He didn’t want to spend more time in jail. But the judge delayed the trial again.
Drummer’s case is not unique. Hundreds of people are waiting for trials. Some have been in jail for years. Many are presumed innocent but still locked up.
The Anchorage Daily News reported that felony cases take three times longer than they did ten years ago. The average used to be one year. Now, it’s closer to three years.
Half of Alaska’s prisoners are waiting for trial. That’s about 2,000 people. Housing them costs the state $400,000 per day. The money adds up fast.
The Sixth Amendment guarantees a speedy trial. But Alaska courts struggle to meet that promise. Judges postpone trials all the time. Defense attorneys are overloaded. The system moves slowly.
Several things cause delays. The pandemic backed up the system. There aren’t enough defense lawyers. Some cases get delayed on purpose. Lawyers stall to weaken evidence. Victims get tired of waiting. Witnesses forget details or move away.
Long delays hurt victims. They relive trauma every time there’s a new hearing. Some lose hope. Some stop cooperating.
One prosecutor said, “Every time we delay, it brings trauma back to the victim.” Some drop out of cases completely. That makes convictions harder.
Drummer’s attorney Rex Butler overwhelmed. He has more than 300 cases. Butler takes on cases that state public defenders cannot handle.
He said, “We pick up the case, and now the file is on fire.” His cases are delayed for years. The court wants them resolved fast. But lawyers can’t handle the workload.
Felony trials are more complex now. There is more evidence to process. DNA, phone records, and security footage take time to analyze.
Lawyers need months to prepare. But courts want quick trials. That causes more delays.
Alaska’s Public Defender Agency too much work. There aren’t enough lawyers to take cases. When that happens, private attorneys step in. But they have full workloads too.
Long waits make it harder to convict criminals. Witnesses forget details. Evidence gets weaker over time. Defendants sit in jail, even if they’re innocent.
A prosecutor said, “The longer we wait, the harder it is to prove guilt.” That means more guilty people go free. And more innocent people wait in jail.
Alaska’s Chief Justice Susan Carney knows the system is struggling. She said the delays are extreme. Judges are limiting continuances. They want trials to move faster.
But change is slow. Cases still pile up. Families still wait.
Delays cost taxpayers millions. They destroy lives. It weaken justice.
Defendants lose years in jail. Victims wait for justice. Lawyers drown in cases. Judges push trials back.
Alaska needs more public defenders. The system needs better funding. Judges need to enforce speedy trials. Lawyers must take fewer cases.
Without change, the backlog will grow. The system will stay broken. And justice still delayed.
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