Facebook Twitter Email
WEDNESDAY, SEPTEMBER 26, 2001

Saying he could not overstep his boundaries, a judge in Alaska on Tuesday refused to force Governor Tony Knowles to appeal the landmark Katie John case to the U.S. Supreme Court.

Opponents of the decision that ensured Alaska Native subsistence rights will have to find other ways to challenge it, ruled Anchorage Superior Judge John Reese. Separation of powers won't allow him to push Knowles to file an appeal, he said.

"The governor's decision not to appeal Katie John was well within his discretion," said Reese.

The ruling would appear to put to rest lingering doubts over the case, which began more than 10 years ago when Alaska Native elder Katie John sought to set up a traditional fishing camp on the Copper River. Denied by the state, she sought federal protection of her rights.

Numerous times, the courts agreed, leading the Department of Interior to take over most of the waterways in the state to uphold its trust responsibilities to Alaska Natives. As rural residents, Alaska Natives were entitled to a priority, the courts said.

But since Alaska's constitution forbid any sort of priority to residents, the state kept challenging John's victories. Last month, Knowles finally dropped all appeals, a move which pleased many Alaska Natives.

Some Republican lawmakers, however, were angered. Knowles now would need their support to amend the state's constitution to allow some sort of priority.

To come up with an amendment, Knowles has convened a panel of state leaders to discuss the language. Sport fishermen and urban hunters, some of whom were opposed to the Katie John decision, are pressing for recognition of their needs as well.

The Alaska Constitutional Legal Defense Conservation Fund filed the suit against Knowles. The group says it will appeal Reese's decision but is facing a fast-approaching October 4 deadline from the Supreme Court.

The legal fund could try and convince the Supreme Court to allow a third-party appeal.

Relevant Links:
Subsistence Amendment, Alaska Governor Tony Knowles - http://www.gov.state.ak.us/subsistence_amendment
Native subsistence rights, Native American Rights Fund - http://www.narf.org/pubs/justice/1999SPRING/spring1999.htm
Alaska Federation of Natives - http://www.akfednatives.org
Katie John et al. v. State of Alaska - http://www.mountainstateslegal.org/legal_cases.cfm?legalcaseid=64 Alaska Native Knowledge Network - http://www.ankn.uaf.edu/subsistence.html

Related Stories:
Alaska subsistence panel meets (9/25)
Poll: Alaskans want subsistence vote (9/17)
Group wants Katie John appealed (9/14)
Alaska subsistence panel to meet (9/11)
Knowles criticized for Katie John decision (8/29)
Alaska won't appeal Native rights case (8/28)
Subsistence summit changes little (8/27)
March held for Native subsistence (8/22)
Subsistence summit calls for changes (8/17)
Subsistence summit begins in Alaska (8/16)

More on Katie John:
Katie John case having effects (5/11)
Alaska Native subsistence case upheld (5/8)
Norton cutting old associations (1/25)
Norton's legal work criticized (1/12)
Alaska Native elder dies (12/4)