Standard for Review of Trial Court Action

A superior court abuses its discretion by making a decision that is arbitrary, capricious, manifestly unreasonable, or . . . stem[s] from an improper motive.  The court uses the clearly erroneous standard when reviewing factual findings, including findings regarding a party’s income, imputation of income, and voluntary underemployment.   Factual findings are clearly erroneous when, after reviewing the record as a whole,  the court is  left with a definite and firm conviction that a mistake has been made.    The court reviews a superior court’s interpretation of the civil rules and the Alaska Constitution de novo.

Based upon this standard the Supreme court reversed a superior court ruling ordering the state to certify a ballot initiative on Set netting.

Alaska Fisheries Conservation Alliance.  sp-7073 Set Netters Ballot Initiative

 

Posted on: 19 January 2016, by : Clayton Walker

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