Victories

Earthjustice Defends Public's Access to Courts

In Brief: Earthjustice teamed with Alaskan Native groups and a political party to succesfully challenge a new Alaska state law that inhibited public access to courts.

House Bill 145, introduced by Governor Frank Murkowski in March 2003, changed Alaska's court rules by requiring public interest litigants to pay the other side's attorney fees when they lose in court. Earthjustice, on behalf of Alaskan conservation groups, teamed up with the Native Village of Nunapitchuk, the Association of Village Council Presidents, and the Republican Moderate Party, Inc., to challenge this new state law.

On April 7, 2004, the Alaska Superior Court sided with Earthjustice and overturned the law. The court found that the law violated the Alaska constitution's guarantees of equal protection and due process. It stated that "awarding fees in this type of controversy will deter citizens from litigating questions of general public concern for fear of incurring the expense of the other party's attorney's fees."

This decision preserves the government's accountability to the public and the rights of citizens to gain access to the courts. A variety of environmental, public service, and community watchdog groups lauded the court's decision, including disability groups and Alaska Native communities. The state appealed the decision, so the case is now before the Alaska Supreme Court.

Updated: January 11, 2006