A Superior Court judge will hear arguments this morning in a lawsuit disputing the constitutionality of new bail laws that took effect Thursday.
The American Civil Liberties Union is suing the state and asking that the new bail condition laws be tabled until the Alaska Courts have looked at them and determined their constitutionality.
The court hearing is set for 9:30 a.m. in Superior Court Judge Peter Michalski's courtroom.
The lawsuit, filed Wednesday, says the new laws put an unfair burden on a defendant who has a right to be released on bail until the courts decide his guilt or innocence.
Among the controversial elements is that in some cases a defendant must prove that he should be out on bail, according to the lawsuit. Previous law puts that burden on the prosecution, where the state has to prove a defendant should be behind bars until trial.
The new laws were proposed by Gov. Sean Parnell as part of an initiative to cut down on domestic violence and sexual assaults. The laws were overwhelmingly supported by both the House and Senate in the state Legislature in April, according to Department of Law spokesman Bill McAllister. Parnell signed them into law in May, with an effective date of July 1.
Federal bail and other state bail laws were examined in drafting them, he said. "This was extensively vetted," he said.
McAllister also said this is the first bail reform in Alaska since 1966. "We believe this important new statute increases safety for Alaskans," he wrote in an e-mail. "We will vigorously defend it."
Find Megan Holland online at adn.com/contact/mholland or call 257-4343.
By MEGAN HOLLAND
mholland@adn.com