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SURINA v. BUCKALEW

Nos. 5205, 5462.

629 P.2d 969 (1981)

Andrea SURINA, Appellant, v. The Honorable S.J. BUCKALEW, Judge of the Superior Court and State of Alaska, Appellee. STATE of Alaska ex rel. SUPPLEMENTAL GRAND JURY FOR MAY 1980, Petitioner, v. The Honorable Allen T. COMPTON, Judge of the Superior Court for the State of Alaska, First Judicial District, Respondent. John Doe, Real Party in Interest.

Supreme Court of Alaska.

As Amended April 6, 1981.

Attorney(s) appearing for the Case

William L. Choquette, Artus & Choquette, Anchorage, for appellant. Robert C. Bundy, Asst. Dist. Atty., Larry Weeks, Dist. Atty., Anchorage, for appellee, in No. 5205.

Timothy J. Petumenos, Asst. Atty. Gen., Anchorage, Daniel Hickey, Chief Prosecutor, Wilson L. Condon, Atty. Gen., Juneau, for petitioner, in No. 5462.

Before RABINOWITZ, C.J., and CONNOR, BURKE and MATTHEWS, JJ., and COOKE, Superior Court Judge.

OPINION

RABINOWITZ, Chief Justice.

The issue presented by these proceedings is whether, in the absence of any authorizing statute on the subject, a promise of immunity by a state prosecutor and court may be used to compel testimony from a witness in a criminal proceeding, despite the witness's claim of the privilege against self-incrimination. We conclude that under proper circumstances, the testimony so immunized may be compelled.

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