Join Grand Jury Discussions on March 14, 2023, with the Kenai Peninsula Burough Assembly and David Haeg; Show Support on March 15, 20223, at 8 am, With the State-Wide Court Sit-in

By Jessica Schultz Pleasant

Today, there is great news coming from Alaska’s Kenai Peninsula Burough Assembly. Committee members Bill Elam and Cindy Euklund have submitted to the committee a memorandum that would address a resolution to revisit the recent  changes to Criminal Rules 6 and 6.1. The rule changes made in the Supreme Court were rushed through the State legislature. Many Alaskans believe  Criminal Rules 6 and 6.1 were created to prevent investigations into the judicial and legislative bodies of Alaska. It has been used to prevent more hearings after the chief judicial investigator Marla Greenstein was subpoenaed.

On February 7, 2023, David Haeg and his supporters spoke before the assembly asking for their support to overturn rule changes made by the Supreme Court of Alaska. Many Alaskans believe the rule changes will affect Alaskans due process and constitutional rights. The rule changes may make the State and its courts immune to scrutiny and its responsibility to the people.



The rules are meant to prevent Alaskans from bringing their concerns before the grand jury, simply for the fact the petitioning party is likely using his personal case to show the overall risk to the people's welfare. To do this, the Supreme Court worked with the legislature to pass changes to Criminal Rule 6 and 6.1, in the Supreme Court, SCO 1993. 

In Criminal Rule 6, The Grand Jury, Investigation of Crime Initiated by Grand Juror, gave more power to the prosecuting attorney, creating another position in the system rife with future corruption. These changes stated the prosecuting attorney now has oversight over the grand jury. This gives the prosecuting attorneys the discretion to choose what facts and evidence goes before the grand jury. This was foreshadowed by the testimony of Ray Southwell. Southwell is a previous grand juror who complained he was told to give evidence he wanted introduced to the grand jury to the prosecuting attorney. The evidence he provided was never introduced and was likely not going to be, at the attorney's discretion.

Ray Southwell testified:

"I was handed a letter from Judge Wells that morning. It was the first time she ever responded directly present on March 21. He politely told me I could not present any information. I objected. Our discussion escalated. It was about that time I again noticed the Deputy Clerk turned off the audio recorder...I understood I could not bring a "True Bill." Understanding my Rights and Responsibilities I wrote a Grand Jury Report for my fellow grand jurors to consider. I handed them out to my fellow grand jurors and called my first witness, David Haeg. District Attorney Scot Leaders collected the report I handed out."

After the 30+ year judge investigator Marla Greenstein was subpoenaed by the grand jury for a December 2022 hearing into questionable decisions by her office. Rushing SCO 1993 through the House Rules Committee had the effective date perfectly aligned with the date of the testimony of Marla Greenstein. The rule allows the prosecuting attorney to decide if a person, like Greenstein, can be forced to testify.

"If the prosecuting attorney reasonably believes that a subpoena approved by a majority of grand jurors was not approved in good faith, would be unreasonably burdensome on the recipient, is not reasonable, or is not necessary, the prosecutor may, without consent from or authorization by the grand jury, inform the superior court and seek a judicial determination whether the subpoena shall issue." (SCO 1993, Commentary to Rule 6.1(e)(1))

Since all complaints of government abuse begin with a person’s private experience and legal case, the rule changes will prevent such actions and creates a shield for the government. In historical language of the Alaska Grand Jury Handbook, it says a citizen can come before the grand jury to ask for its use. "This the citizens themselves, by this representative body of Grand Jurors, hold in their own hand the control of the maintenance of law and order throughout the state, through prosecution for crime, The importance if this power cannot be overwhelmed."

The new language in SCO 1993 includes: 

"Decisions as to what to present to the grand jury, including whether to present a matter requested by a citizen to the grand jury for investigation, rest with the executive branch. 

A grand jury has the constitutional authority to investigate appropriate matters when properly presented. This, in itself, does not mean that and individual citizen has a right to present any matter directly to the grand jury for consideration, or to seek a court order requesting or requiring that a grand jury conduct any investigation. A citizen seeking to have a grand jury conduct any investigation. A citizen seeking to have a grand jury investigate a matter of public welfare or safety may bring the issue to the attention of the Attorney General or designee to review the matter and determine whether an investigation would be a valid and appropriate use of the grand jury's authority, as described in this rule."

To Haeg's point, the grand jury is meant to investigate judges on the Supreme Court. It is a conflict of interest if the courts can change rules governing the grand jury. The State and its courts would be virtually immune to oversight by the people.

Read about the importance the grand jury is for every person, activist group, and organization in my Feb 12, 2023, article, David Haeg is Fighting for the Alaska Grand Jury, and Why You Should Care. All of those citizens involved in all acts of activism should be concerned the government will be protected from answering to the people. To prevent this power grab from continuing, please join in the March 14 hearing with the Kenai Peninsula Burough Assembly, and join in the state-wide court sit-in at 8 am, March 15, 2023.


Ways to Join the Assembly Meeting on March 15

6 pm - 7 pm

Physical Location


Kenai Peninsula Borough Assembly

Zoom Meetings

To join the meeting via Zoom, please use the following details:

Meeting ID: 884 7373 9641

Passcode: 671108

URL: https://zoom.us/join


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