Alaska Employment Law

On remand from the 9th Circuit, after the Department of Justice’s “remarkable” mishandling of discovery, U. S. District Judge John Sedwick has appointed former state Representative Peter Kott counsel at public expense, and barred public disclosure of material that DOJ will now have to produce to Kott. 

In his Order Appointing Counsel, Sedwick stated:

Pursuant to 18 U.S.C. § 3006A, the court must appoint counsel for any person charged with a felony who is “financially unable to obtain adequate representation.” A review of Mr. Kott’s affidavit and explanatory notes presents a fairly close question with respect to his financial ability. However, the expansion of this case arising from the United States’ admitted, and remarkable, failure to timely provide all of the discovery required by Fed. R. Crim. P. 16 stretches Mr. Kott’s modest means too far. This court finds that appointment of counsel to represent Mr. Kott in this court at public expense is appropriate. This order does not include a finding that Mr. Kott would qualify for representation at public expense in the Court of Appeals. Indeed, it appears that he probably could pay for what may remain to be done in the Court of Appeals. If Mr. Kott disagrees, any application for representation at public expense in the Court of Appeals must be made to the Court of Appeals.

The Protective Order was entered upon the parties’ stipulation.

U. S. v. Kott, 3:07-cr-056-JWS (D.Alaska June 22, 2009)