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CITIZENS COALITION v. McALPINE

No. S-3714.

810 P.2d 162 (1991)

CITIZENS COALITION FOR TORT REFORM, INC., Appellant, v. Stephen A. McALPINE, Lt. Governor of the State of Alaska; Alaska Academy of Trial Lawyers, Appellees.

Supreme Court of Alaska.

April 26, 1991.

Attorney(s) appearing for the Case

Michael L. Lessmeier, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, for appellant.

Virginia B. Ragle, Asst. Atty. Gen., Douglas B. Baily, Atty. Gen., Juneau, for appellee McAlpine.

Avrum M. Gross, Gross & Burke, Juneau, for appellee Alaska Academy of Trial Lawyers.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

In this case the lieutenant governor denied certification of an initiative that would have set maximum allowable levels of attorney's fees in personal injury cases. The lieutenant governor found that the initiative was an attempt to prescribe a rule of court, a subject that the Alaska Constitution expressly restricts from the people's power to legislate by initiative. On a motion for summary judgment, the superior court upheld the...

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