Department of Law warns Finance Committee of caseload strain, rising trial costs and major litigation

Juneau — Department of Law leaders told the House Finance Committee on Feb. 17 that the state’s legal workload and courtroom costs are rising and that the department may need supplemental resources to meet major pending litigation.

Attorney General designee Steven Cox and deputies Corey Mills and Angie Kemp told the committee their top priorities include public safety (with an emphasis on sexual assault and domestic violence), consumer protection and advising executive‑branch agencies. The deputies highlighted specific strains in prosecution and litigation management that influence FY27 budget planning.

Why it matters: The department is a statewide cost center for litigation and legal defense; rising trial-related costs and the prospect of multi‑year court orders or consent decrees could carry large fiscal consequences for the state.

Key facts and debate

- Recruitment and experience: Deputy Attorney General Angie Kemp said 56% of prosecutors hired in FY25 had no prior licensed experience and only 25% had four or more years, increasing training time and supervision demands.

- Caseloads and trials: Kemp reported high caseloads in several offices with an average around 167 cases per active attorney in the busiest offices. The criminal division reported 292 felony trials in FY25 and noted that only a small share of filings proceed to trial while trials (particularly complex felony trials) consume disproportionate staff time.

- Rising trial costs: Kemp and Mills identified witness travel, expert fees and technology (digital evidence storage, e‑discovery) as escalating budget pressures. The department used FY19-to-FY24 comparisons to show average per‑trial costs have increased materially and said it may seek adjustments if costs continue rising.

- Major and emerging litigation: Deputy AG Corey Mills told the committee the ABC federal trial consumed substantial resources — roughly $7 million in spending to litigate the case so far — and the court has not yet issued a ruling. Mills also warned of a possible systemic inmate‑healthcare lawsuit against the Department of Corrections with exceptionally large discovery demands (reportedly measured in terabytes) that could require significant outside costs or further appropriations.

What the department will provide: Mills and Kemp described ongoing adjustments within existing staff allocations and said they would continue to triage cases, but they flagged that some cost drivers (expert witnesses, travel, large digital-document repositories) may require supplemental funding.

Context and next steps: Committee members asked about comparisons to other states, factors affecting recruitment and retention, and whether structural changes (telework, compensation) would help. Department leaders said Alaska’s prosecutorial model and geographic challenges make direct state‑to‑state comparisons difficult. The committee received the department’s briefing and will consider whether to request supplemental appropriations as litigation and caseload pressures evolve.