‘It’s the best we can do for him’

As the Alaska Legislature winds down its 2014 session, there is plenty of focus on things that did not get done. There is also the expected focus on big-ticket items that did get crossed off legislators’ to-do lists.

But as debate swirls around the pros and cons of this year’s capital budget, or the merits of the governor’s just-passed gas line legislation, it is worth shining a light on a less high-profile, but noteworthy new law that was among legislation approved during the 2014 session.

Senate Bill 200, sponsored by Lesil McGuire, a longtime Anchorage legislator and current candidate for lieutenant governor, would allow parents who lose their unborn children through the unlawful or negligent actions of another person to be able to seek civil penalties. It follows a 2006 law that established that unborn children can be victims of murder, manslaughter and criminally negligent homicide.

Currently in Alaska, wrongful death of an unborn baby is a criminal offense, but there is no civil remedy beyond that for families victimized by negligent health care. Under Senate Bill 200, parents will be able to sue over the wrongful death of an unborn child.

Known less formally as “Jackson’s Law” because it was inspired by the death of a Wasilla boy — Jackson Goodwin — in December 2012, the proposed legislation cruised through the Senate without opposition in March. It passed the state House easily last week and only awaits the governor’s signature before it becomes state law.

A story on the front page of this edition of the Frontiersman outlines the ordeal of the Goodwins, who live in Palmer, and their personal journey through heartbreak and devastation that led to the passage of SB 200. Although no civil remedy could ever adequately compensate for the loss of a child, the overwhelming legislative consensus speaks loudly and clearly about the sensibility of Jackson’s Law.

Grieving mother April Dishneau of Palmer testified to the House Judiciary Committee in favor of the legislation the day before her son would have turned 3. She said she’s thrilled the bill passed the Legislature.

“I like to think this is the biggest present he will ever get,” she said of her son. “It’s the best we can do for him.”

Right now, Alaska is one of only 10 states that does not allow the parents of an unborn victim to seek accountability or damages from a negligent party. So we applaud Sen. McGuire for sponsoring SB 200, and Palmer Rep. Shelley Hughes for shepherding support on the House side. Their responsiveness clears a path toward healing for grieving families and shines a human light on the legislative process.