Title 22. Judiciary.

Chapter 05. The Supreme Court.

Sec. 22.05.010. Jurisdiction.
 (a) The supreme court has final appellate jurisdiction in all actions and proceedings. However, a party has only one appeal as a matter of right from an action or proceeding commenced in either the district court or the superior court.

 (b) Appeal to the supreme court is a matter of right only in those actions and proceedings from which there is no right of appeal to the court of appeals under AS 22.07.020 or to the superior court under AS 22.10.020 or AS 22.15.240.

 (c) A decision of the superior court on an appeal from an administrative agency decision may be appealed to the supreme court as a matter of right.

 (d) The supreme court may in its discretion review a final decision of the court of appeals on application of a party under AS 22.07.030. The supreme court may in its discretion review a final decision of the superior court on an appeal of a civil case commenced in the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the court of appeals or the superior court, as applicable.

 (e) The supreme court may issue injunctions, writs, and all other process necessary to the complete exercise of its jurisdiction.

 (f) The supreme court may, in its discretion, review a final decision of the Military Appeals Commission under AS 26.05.645 for which a sentence of confinement is imposed, the right to appeal to the Military Appeals Commission under AS 26.05.615 or AS 26.05.640 has been exhausted, and a petition for review is filed under AS 26.05.645 .




Sec. 22.05.015. Transfer of appellate cases.
 (a) The supreme court may transfer to the court of appeals for decision a case pending before the supreme court if the case is within the jurisdiction of the court of appeals.

 (b) The supreme court may take jurisdiction of a case pending before the court of appeals if the court of appeals certifies to the supreme court that the case involves a significant question of law under the Constitution of the United States or under the constitution of the state or involves an issue of substantial public interest that should be determined by the supreme court.

 (c) A case filed in the supreme court or in the court of appeals may not be dismissed by one court on the ground that it is within the jurisdiction of the other court. The case shall be transferred to the proper court.




Sec. 22.05.020. Composition and general powers of supreme court.
 (a) The supreme court is a court of record and consists of five justices including the chief justice.

 (b) The supreme court is vested with all power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in all matters within its jurisdiction, according to the constitution, the laws of the state, and the common law.

 (c) The supreme court may prescribe by rule the fees to be charged by all courts for judicial services.




Sec. 22.05.025. Court facilities.
 (a) The supreme court has authority over
     (1) all matters relating to the
          (A) maintenance, occupancy, and operation of all court facilities;

          (B) rent or lease of facilities for court system purposes, subject to AS 36.30.080(c); and

          (C) acquisition of facilities for court system purposes by lease-purchase or lease-financing agreements, subject to AS 36.30.085; and

     (2) the planning, design, and construction of court facilities but, in the exercise of its authority under this paragraph, the supreme court shall cooperate and coordinate with the Department of Transportation and Public Facilities so that court facility construction projects are carried out in accordance with the statutes and regulations applicable to state public works projects.

 (b) In this section, “court facility” means a state facility in which 75 percent or more of the net usable space is occupied by the court system and other justice-related agencies.




Sec. 22.05.030. Session of court.
The supreme court shall always be open for the transaction of business in the manner determined by rule of the court. The supreme court shall hold sessions on dates and at places fixed by court rule.


Sec. 22.05.040. Effect of adjournment.
An adjournment from day to day, or from time to time, is a recess in the session, and does not prevent the court from sitting at any time.


Sec. 22.05.050. Process.
Process of the supreme court shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk, dated when issued, sealed with the seal of the court, and made returnable according to rule prescribed by the court.


Sec. 22.05.060. Seals of court.
The seal of the supreme court is a vignette of the official flag of the state with the words “Seal of the Supreme Court of the State of Alaska” surrounding the vignette. The supreme court shall prescribe by rule the seals of court for the court of appeals and for the superior and district courts.


Sec. 22.05.070. Qualifications of justices.
A justice of the supreme court shall be a citizen of the United States and of the state, a resident of the state for five years immediately preceding appointment, have been engaged for not less than eight years immediately preceding appointment in the active practice of law, and at the time of appointment be licensed to practice law in the state. The active practice of law includes
     (1) sitting as a judge in a state or territorial court;

     (2) being actually engaged in advising and representing clients in matters of law;

     (3) rendering legal services to an agency, branch, or department of a civil government within the United States or a state or territory of the United States, in an elective, appointive, or employed capacity;

     (4) serving as a professor, associate professor, or assistant professor in a law school accredited by the American Bar Association.




Sec. 22.05.080. Vacancies.
 (a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of supreme court justice within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the judicial council for each actual or impending vacancy. An appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.

 (b) The office of a supreme court justice, including the office of chief justice, becomes vacant 90 days after the election at which the justice is rejected by a majority of those voting on the question or for which the justice fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a justice to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.




Sec. 22.05.090. Oath of office.
Each supreme court justice, upon entering office, shall take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation that may be prescribed by law.


Sec. 22.05.100. Approval or rejection.
Each supreme court justice is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each justice before the retention election and shall provide to the public information about that justice and may provide a recommendation regarding retention or rejection. The information and any recommendation shall be made public at least 60 days before the retention election. The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050. If a majority of those voting on the question rejects the candidacy, the rejected justice may not be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state for a period of four years thereafter.


Sec. 22.05.110. Incapacity. [Repealed, § 3 ch 213 SLA 1968.]
Sec. 22.05.120. Impeachment.
A supreme court justice is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment shall originate in the senate and shall be approved by a two-thirds vote of its members. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment shall be conducted by the house of representatives. A supreme court justice designated by the court shall preside at the trial. Concurrence of two-thirds of the members of the house is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges.


Sec. 22.05.130. Restrictions.
A supreme court justice while holding office may not practice law, nor engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the justice, nor may a justice hold office in a political party, or hold any other office or position of profit under the United States, the state, or its political subdivisions. A supreme court justice filing for another elective public office other than delegate to a constitutional convention of this state or the United States forfeits the judicial position.


Sec. 22.05.140. Compensation.
 (a) Except as provided in (d) of this section, the monthly base salary of the chief justice is $13,808, and for each other justice, the monthly base salary is $13,767.

 (b) A salary disbursement may not be issued to a justice of the supreme court until the justice has filed with the state officer designated to issue salary disbursements an affidavit that no matter referred to the justice for opinion or decision has been uncompleted or undecided by the justice for a period of more than six months.

 (c) In addition to the monthly salary, each justice is entitled to receive a geographic cost-of-living adjustment each year on $100,000 of the justice’s annual base salary for that year, based on the location of the primary office assignment. The commissioner of administration shall calculate the geographic cost-of-living adjustment based on the geographic pay differentials established under AS 39.27.020(a). Retirement contributions and benefits shall be computed only on the monthly base salary not including the geographic cost-of-living adjustment.

 (d) Beginning July 1, 2006, if the monthly basic salary for Step E, Range 28, of the salary schedule set out in AS 39.27.011 increases, the monthly base salary of the chief justice and the other justices shall increase by the same percentage. The increase takes effect when the salary increase under AS 39.27.011 takes effect and may be retroactive if consistent with the change in AS 39.27.011. The commissioner of administration shall, by regulation, establish the percentage at which the salary is increased and the increased salary amount.




Sec. 22.05.150. [Renumbered as AS 22.20.300.]
Renumbered as AS 22.20.300.

Renumbered as AS 22.20.300.



Sec. 22.05.160. Recording districts. [Repealed, § 4 ch 118 SLA 1976. For current law, see AS 44.37.020(b) and 44.37.025.]
For current law, see AS 44.37.020(b) and 44.37.025.

For current law, see AS 44.37.020(b) and 44.37.025.



Chapter 07. The Court of Appeals.

Sec. 22.07.010. Establishment.
There is established the court of appeals, consisting of three judges. The court of appeals is a court of record.


Sec. 22.07.020. Jurisdiction.
 (a) The court of appeals has appellate jurisdiction in actions and proceedings commenced in the superior court involving
     (1) criminal prosecution;

     (2) post-conviction relief;

     (3) matters under AS 47.12, including waiver of jurisdiction over a minor under AS 47.12.100;

     (4) extradition;

     (5) habeas corpus;

     (6) probation and parole; and

     (7) bail.

 (b) Except as limited in AS 12.55.120, the court of appeals has jurisdiction to hear appeals of unsuspended sentences of imprisonment exceeding two years for a felony offense or 120 days for a misdemeanor offense imposed by the superior court on the grounds that the sentence is excessive, or a sentence of any length on the grounds that it is too lenient. The court of appeals, in the exercise of this jurisdiction, may modify the sentence as provided by law and the Constitution of the State of Alaska.

 (c) The court of appeals has jurisdiction to review (1) a final decision of the district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus, or bail; and (2) the final decision of the district court on a sentence imposed by it if the sentence exceeds 120 days of unsuspended incarceration for a misdemeanor offense. In this subsection, “final decision” means a decision or order, other than dismissal by consent of all parties, that closes a matter in the district court.

 (d) An appeal to the court of appeals is a matter of right in all actions and proceedings within its jurisdiction except that
     (1) the right of appeal to the court of appeals is waived if an appellant chooses to appeal the final decision of the district court to the superior court; and

     (2) the state’s right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution.

 (e) The court of appeals may in its discretion (1) review a final decision of the superior court on an appeal from a district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus or bail; (2) review the final decision of the superior court on appeal of a sentence imposed by the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the superior court.

 (f) The court of appeals may issue injunctions, writs, and all other process necessary for the complete exercise of its jurisdiction.

 (g) A final decision of the court of appeals is binding on the superior court and on the district court unless superseded by a decision of the supreme court.




Sec. 22.07.030. Review by supreme court.
A party may apply to the supreme court for review of a final decision of the court of appeals in accordance with AS 22.05.010 and rules adopted by the supreme court. Review is in the discretion of the supreme court as set out in AS 22.05.010(d). In this section, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the court of appeals.


Sec. 22.07.040. Qualifications of judges.
A judge of the court of appeals shall be a citizen of the United States and of the state, a resident of the state for five years immediately preceding appointment, have been engaged for not less than eight years immediately preceding appointment in the active practice of law, and at the time of appointment be licensed to practice law in the state. For purposes of this section, the active practice of law is the same as defined for the justices of the supreme court in AS 22.05.070.


Sec. 22.07.050. Oath of office.
Each judge of the court of appeals, upon entering office, shall take and subscribe to the oath or affirmation of office required of all officers under the constitution.


Sec. 22.07.060. Approval or rejection.
Each judge of the court of appeals is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each judge before the retention election and shall provide information to the public about the judge and may provide a recommendation regarding retention or rejection. The information and any recommendation shall be made public at least 60 days before the election. The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet as required by AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a judge, the rejected judge may not for a period of four years thereafter be appointed to fill a vacancy in the supreme court, the court of appeals, the superior court, or the district court of the state.


Sec. 22.07.070. Vacancies.
 (a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of judge of the court of appeals within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the council for each actual or impending vacancy. An appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.

 (b) The office of a judge of the court of appeals becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; however, the 90-day period may be extended by the judicial council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the judicial council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.




Sec. 22.07.075. Impeachment.
A judge of the court of appeals is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment must originate in the senate and must be approved by two-thirds vote of its members. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment shall be conducted by the house of representatives. A supreme court justice designated by the court shall preside at the trial. Concurrence of two-thirds of the members of the house is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in a court on the same or related charges.


Sec. 22.07.080. Restrictions.
A judge of the court of appeals while holding office may not practice law, or engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the judge, nor may a judge hold office in a political party, or hold any other office or position of profit under the United States, the state, or its political subdivisions. A judge of the court of appeals filing for another elective public office other than delegate to a constitutional convention of this state or the United States forfeits the judicial position.


Sec. 22.07.090. Compensation.
 (a) Except as provided in (c) of this section, the monthly base salary of a judge of the court of appeals is $13,007. The compensation of a judge may not be diminished during the term of office, unless by a general law applying to all salaried officers of the state.

 (b) A salary disbursement may not be issued to a judge of the court of appeals until the judge has filed with the state officer designated to issue salary disbursements an affidavit that no matter referred to the judge for opinion or decision has been uncompleted or undecided by the judge for a period of more than six months.

 (c) Beginning July 1, 2006, if the monthly basic salary for Step E, Range 28, of the salary schedule set out in AS 39.27.011 increases, the monthly base salary of the judges of the court of appeals shall increase by the same percentage. The increase takes effect when the salary increase under AS 39.27.011 takes effect and may be retroactive if consistent with the change to AS 39.27.011. The commissioner of administration shall, by regulation, establish the percentage at which the salary is increased and the increased salary amount.




Sec. 22.07.100. Process.
Process of the court of appeals shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk, dated when issued, sealed with the seal of court, and made returnable according to rule prescribed by the supreme court.


Chapter 10. The Superior Court.

Sec. 22.10.010. Establishment of superior court.
There shall be one superior court for the state. The court shall consist of four districts bounded as follows:

First District: the area within election districts numbered one to six, both inclusive, as those districts are described in art. XIV of the state constitution on March 19, 1959;

Second District: the area within election districts numbered 21 to 23, both inclusive, and those areas of election districts 18 and 20 within the boundaries of the North Slope Borough, as those districts are described in art. XIV of the state constitution on March 19, 1959;

Third District: the area within election districts numbered seven to 15, both inclusive, as those districts are described in art. XIV of the state constitution on March 19, 1959, and the portion of election district 19, as that district is described in art. XIV of the state constitution on March 19, 1959, that is in the Glennallen Venue District on March 1, 2002, described as follows: Beginning at a point on the divide between the watersheds of the Tanana River and the Copper River south of the headwaters of Totschunda Creek; thence southwesterly in a straight line first crossing the Nabesna River to Mt. Allen; thence meandering on the divide mountain peak to mountain peak to a point north of Regal Mountain on the divide separating the Nabesna Glacier from the Chisana Glacier; thence westerly and northwesterly along the divide between the watersheds of the Tanana River and Copper River as it meanders from mountain peak to mountain peak back to a point on the divide south of the headwaters of the Totschunda Creek, the place of the beginning; and

Fourth District: the area within election districts numbered 16, 17, and 24, the areas of election districts numbered 18 and 20 not included in the second district, and the area of election district numbered 19 not included in the third district, as those districts are described in art. XIV of the state constitution on March 19, 1959.




Sec. 22.10.020. Jurisdiction of the superior court.
 (a) The superior court is the trial court of general jurisdiction, with original jurisdiction in all civil and criminal matters, including probate and guardianship of minors and incompetents. Except for a petition for a protective order under AS 18.66.100 — 18.66.180, an action that falls within the concurrent jurisdiction of the superior court and the district court may not be filed in the superior court, except as provided by rules of the supreme court.

 (b) The jurisdiction of the superior court extends over the whole of the state.

 (c) The superior court and its judges may issue injunctions, writs of review, mandamus, prohibition, habeas corpus, and all other writs necessary or proper to the complete exercise of its jurisdiction. A writ of habeas corpus may be made returnable before any judge of the superior court.

 (d) The superior court has jurisdiction in all matters appealed to it from a subordinate court, or administrative agency when appeal is provided by law, and has jurisdiction over petitions for relief in administrative matters under AS 44.62.305. The hearings on appeal from a final order or judgment of a subordinate court or administrative agency, except an appeal under AS 43.05.242, shall be on the record unless the superior court, in its discretion, grants a trial de novo, in whole or in part. The hearings on appeal from a final order or judgment under AS 43.05.242 shall be on the record.

 (e) An appeal to the superior court is a matter of right, but an appeal from a subordinate court may not be taken by the defendant in a criminal case after a plea of guilty, except on the ground that the sentence was excessive. The state’s right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution.

 (f) An appeal to the superior court may be taken on the ground that an unsuspended sentence of imprisonment exceeding 120 days was excessive and the superior court in the exercise of this jurisdiction has the power to reduce the sentence. The state may appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.

 (g) In case of an actual controversy in the state, the superior court, upon the filing of an appropriate pleading, may declare the rights and legal relations of an interested party seeking the declaration, whether or not further relief is or could be sought. The declaration has the force and effect of a final judgment or decree and is reviewable as such. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against an adverse party whose rights have been determined by the judgment.

 (h) [Renumbered as AS 22.10.025(a).]
 (i) The superior court is the court of original jurisdiction over all causes of action arising under the provisions of AS 18.80. A person who is injured or aggrieved by an act, practice, or policy which is prohibited under AS 18.80 may apply to the superior court for relief. The person aggrieved or injured may maintain an action on behalf of that person or on behalf of a class consisting of all persons who are aggrieved or injured by the act, practice, or policy giving rise to the action. In an action brought under this subsection, the court may grant relief as to any act, practice, or policy of the defendant which is prohibited by AS 18.80, regardless of whether each act, practice, or policy, with respect to which relief is granted, directly affects the plaintiff, so long as a class or members of a class of which the plaintiff is a member are or may be aggrieved or injured by the act, practice, or policy. The court may enjoin any act, practice, or policy which is illegal under AS 18.80 and may order any other relief, including the payment of money, that is appropriate.




Sec. 22.10.025. Powers of superior court in action for divorce, separation, or child support.
 (a) The superior court, in an action for divorce, separation, or child support affecting inalienable stock in a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), may order the stock transferred to the spouse, a child, or a guardian or custodian for a child, but may not order it sold on the open market or transferred to other persons.

 (b) The superior court, in an action for divorce, separation, or child support, may issue orders to aid in the enforcement of child support, including orders requiring an individual who owes support under an order of support to
     (1) make payments according to an approved payment plan;

     (2) participate in appropriate work activities if the individual is not incapacitated; or

     (3) complete and submit an application for a permanent fund dividend under AS 43.23.015 or provide proof to the agency or the court that the individual is not eligible for a dividend in a given year.




Sec. 22.10.030. Where actions are to be brought.
Venue for all actions shall be set under rules adopted by the supreme court.


Sec. 22.10.040. Change of venue.
The superior court in which the action is pending may change the place of trial in an action from one place to another place in the same judicial district or to a designated place in another judicial district for any of the following reasons:
     (1) when there is reason to believe that an impartial trial cannot be had;

     (2) when the convenience of witnesses and the ends of justice would be promoted by the change;

     (3) when for any cause the judge is disqualified from acting, but if the judge of another judicial district is assigned to try the action, no change of place of trial need be made;

     (4) if the court finds that the defendant will be put to unnecessary expense and inconvenience, and if the court finds that the expense and inconvenience were intentionally caused, the court may assess costs against the plaintiff.




Sec. 22.10.050. General powers and sessions.
The superior court shall always be open, except on judicial holidays as determined by rule of the supreme court. Injunctions, writs of prohibition, mandamus, and habeas corpus may be issued and served on holidays and nonjudicial days. The superior court is a court of record and is vested with all power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in all matters within its jurisdiction according to the constitution, the laws of the state, and the common law. The superior court shall hold regular sessions in each district at the times and places as may be designated by rule or order of the supreme court.


Sec. 22.10.060. Effect of adjournment.
An adjournment from day to day, or from time to time, is a recess in the session, and does not prevent the court from sitting at any time.


Sec. 22.10.070. Seal of court. [Repealed, § 2 ch 64 SLA 1974. For current law, see AS 22.05.060.]
For current law, see AS 22.05.060.

For current law, see AS 22.05.060.



Sec. 22.10.080. Process.
Process of the superior court shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk in the judicial district where the process is issued, dated when issued, sealed with the seal of the court, and made returnable according to rule prescribed by the supreme court.


Sec. 22.10.090. Qualifications of judges.
A judge of the superior court shall be a citizen of the United States and of the state, a resident of the state for five years immediately preceding appointment, have been engaged for not less than five years immediately preceding appointment in the active practice of law, and at the time of appointment be licensed to practice law in the state. The active practice of law shall be as defined for justices of the supreme court in AS 22.05.070.


Sec. 22.10.100. Vacancies.
 (a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of superior court judge within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the council for each actual or impending vacancy. An appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.

 (b) The office of a superior court judge becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.




Sec. 22.10.110. Oath of office.
Each superior court judge, upon entering office, shall take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation as may be prescribed by law.


Sec. 22.10.120. Number of judges.
The superior court consists of 42 judges, five of whom shall be judges in the first judicial district, three of whom shall be judges in the second judicial district, 26 of whom shall be judges in the third judicial district, and eight of whom shall be judges in the fourth judicial district. At the time of submitting the names of nominees to the governor to fill a vacancy on the superior court bench, the judicial council shall also designate the district in which the appointee is to reside and serve.


Sec. 22.10.130. Appointment and duties of presiding judges.
The chief justice of the supreme court shall designate a presiding judge for each district. The presiding judge shall, in addition to regular judicial duties,
     (1) assign the cases pending to the judges made available within the district;

     (2) supervise the judges and their court personnel in the carrying out of their official duties within the district; and

     (3) expedite and keep current the business of the court within the district.




Sec. 22.10.140. Chief justice may assign superior court judges.
The chief justice may assign a superior court judge and that judge’s court personnel for temporary duty from time to time not to exceed 90 days annually anywhere in the state except to permit completion of hearings in progress. A judge may be temporarily assigned for longer and additional periods with the consent of that judge.


Sec. 22.10.150. Approval or rejection.
Each superior court judge is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each judge before the retention election and shall provide to the public information about the judge and may provide a recommendation regarding retention or rejection. The information and any recommendation shall be made public at least 60 days before the retention election. The information shall include the judge’s consideration of victims when imposing sentence on persons convicted of felony offenses where the offenses involve victims. The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a judge, the rejected judge may not for a period of four years thereafter be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state.


Sec. 22.10.160. Incapacity. [Repealed, § 3 ch 213 SLA 1968.]
Sec. 22.10.170. Impeachment.
A superior court judge is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment shall originate in the senate and must be approved by two-thirds vote of its members. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment shall be conducted by the house of representatives. A supreme court justice designated by the court shall preside at the trial. Concurrence of two-thirds of the members of the house is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges.


Sec. 22.10.180. Restrictions.
A superior court judge while holding office may not practice law, nor engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the judge, nor may a judge hold office in a political party, or hold any other office or position of profit under the United States, the state or its political subdivisions. A superior court judge filing for another elective public office other than delegate to a constitutional convention of this state or the United States forfeits the judicial position.


Sec. 22.10.190. Compensation.
 (a) Except as provided in (d) of this section, the monthly base salary for each superior court judge is $12,730.

 (b) A salary disbursement may not be issued to a superior court judge until the judge has filed with the state officer designated to issue salary disbursements an affidavit that no matter referred to the judge for opinion or decision has been uncompleted or undecided by the judge for a period of more than six months.

 (c) In addition to the monthly salary, each superior court judge is entitled to receive a geographic cost-of-living adjustment each year on $100,000 of the judge’s annual base salary for that year, based on the location of the primary office assignment. The commissioner of administration shall calculate the geographic cost-of-living adjustment based on the geographic pay differentials established under AS 39.27.020(a). Retirement contributions and benefits shall be computed only on the monthly base salary not including the geographic cost-of-living adjustment.

 (d) Beginning July 1, 2006, if the monthly basic salary for Step E, Range 28, of the salary schedule set out in AS 39.27.011 increases, the monthly base salary of the judges of the superior court shall increase by the same percentage. The increase takes effect when the salary increase under AS 39.27.011 takes effect and may be retroactive if consistent with the change to AS 39.27.011. The commissioner of administration shall, by regulation, establish the percentage at which the salary is increased and the increased salary amount.




Chapter 15. District Courts and Magistrates.

Sec. 22.15.010. Establishment of the district court of the State of Alaska.
There is established a district court of the State of Alaska for each of the four judicial districts of the superior court of this state.


Sec. 22.15.020. Number of district judges and magistrates.
 (a) Except as hereinafter provided, each district court of the state shall have the number of district judges set out below opposite the name of the judicial district over which the court has jurisdiction:
     First Judicial District     .......... 3          Second Judicial District     .......... 1          Third Judicial District     .......... 12          Fourth Judicial District     .......... 3      (b) Except as hereinafter provided, each district court of the State of Alaska shall have the number of magistrates set out below opposite the name of the judicial district over which the court has jurisdiction:
     First Judicial District     .......... 10          Second Judicial District     .......... 7          Third Judicial District     .......... 19          Fourth Judicial District     .......... 17.      (c) The number of district judges or magistrates within each judicial district may be increased or decreased by rule of the supreme court.




Sec. 22.15.030. Civil jurisdiction.
 (a) The district court has jurisdiction of civil cases, including foreign judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170 or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows:
     (1) for the recovery of money or damages when the amount claimed exclusive of costs, interest, and attorney fees does not exceed $100,000 for each defendant;

     (2) for the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $100,000;

     (3) for the recovery of a penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $100,000;

     (4) to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or forfeiture imposed by statute;

     (5) for establishing the fact of death or cause and manner of death of any person in the manner prescribed in AS 09.55.020 — 09.55.069;

     (6) for the recovery of the possession of premises in the manner provided under AS 09.45.070 — 09.45.160 when the value of the arrears and damage to the property does not exceed $100,000;

     (7) for the foreclosure of a lien when the amount in controversy does not exceed $100,000;

     (8) for the recovery of money or damages in motor vehicle tort cases when the amount claimed exclusive of costs, interest, and attorney fees does not exceed $100,000 for each defendant;

     (9) over civil actions for taking utility service and for damages to or interference with a utility line filed under AS 42.20.030;

     (10) over cases involving protective orders for domestic violence under AS 18.66.100 — 18.66.180;

     (11) over cases involving cruelty to or seizure, destruction, adoption, or cost of care of animals under AS 03.55.100 — 03.55.190.

 (b) Insofar as the civil jurisdiction of the district courts and the superior court is the same, the jurisdiction is concurrent. Except for a petition for a protective order under AS 18.66.100 — 18.66.180, an action that falls within the concurrent jurisdiction of the superior court and the district court may not be filed in the superior court, except as provided by rules of the supreme court.




Sec. 22.15.040. Small claims.
 (a) Except as otherwise provided in this subsection, when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual points of law are involved or the state is a defendant. The Department of Labor and Workforce Development may bring an action as a small claim under this subsection for the payment of wages under AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and attorney fees. The supreme court shall prescribe the procedural rules and standard forms to assure simplicity and the expeditious handling of small claims.

 (b) All potential small claim litigants shall be informed if mediation, conciliation, and arbitration services are available as an alternative to litigation.




Sec. 22.15.050. Actions not within civil jurisdiction.
The jurisdiction of the district courts does not extend to
     (1) an action in which the title to real property is in question;

     (2) an action of an equitable nature, except as otherwise provided by law.




Sec. 22.15.060. Criminal jurisdiction.
 (a) The district court has jurisdiction
     (1) of the following crimes:
          (A) a misdemeanor, unless otherwise provided in this chapter;

          (B) a violation of an ordinance of a political subdivision;

          (C) a violation of AS 04.16.050 or AS 11.76.105;

     (2) to provide post-conviction relief under the Alaska Rules of Criminal Procedure, if the conviction occurred in the district court.

 (b) Insofar as the criminal jurisdiction of the district courts and the superior court is the same, such jurisdiction is concurrent.




Sec. 22.15.070. Extent of jurisdiction.
The civil jurisdiction and the criminal jurisdiction of the district court of the State of Alaska extend over the entire state.


Sec. 22.15.080. Change of venue.
The court in which an action is pending shall change the place of trial of the action from one place to another place in the same judicial district or to a designated place in another judicial district when the court finds any of the following:
     (1) there is reason to believe that an impartial trial cannot be had;

     (2) the convenience of witnesses and the ends of justice would be promoted by the change;

     (3) the judge or magistrate is disqualified from acting, but if another judge or magistrate is assigned to try the action, no change of place of trial need be made;

     (4) the defendant will be put to unnecessary expense and inconvenience, and if the court finds that the expense and inconvenience were intentionally caused, the court may assess costs against the plaintiff.




Sec. 22.15.090. Sessions and general powers of district court.
 (a) The district court shall always be open for the transaction of business, except on judicial holidays as determined by rule of the supreme court. However, the court may at any time
     (1) exercise its powers in a criminal action, or in a proceeding of a criminal nature, including the issuance of orders pertaining to bail;

     (2) receive a verdict or discharge a jury;

     (3) issue writs of habeas corpus;

     (4) issue warrants of arrest and summons and search warrants.

 (b) The court shall meet in its district at times and places that may be designated by rule or order of the supreme court. The district court has all power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in all matters within its jurisdiction according to the constitution, the laws of the state, and the common law.




Sec. 22.15.100. Functions and powers of district judge and magistrate.
Each district judge and magistrate has the power
     (1) to issue writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, returnable before a judge of the superior court, and the same proceedings shall be had on the writ as if it had been granted by the superior court judge under the laws of the state in those cases;

     (2) of a notary public;

     (3) to solemnize marriages;

     (4) to issue warrants of arrest, summons, and search warrants according to manner and procedure prescribed by law and the supreme court;

     (5) to act as an examining judge or magistrate in preliminary examinations in criminal proceedings; to set, receive, and forfeit bail and to order the release of defendants under bail;

     (6) to act as a referee in matters and actions referred to the judge or magistrate by the superior court, with all powers conferred upon referees by laws;

     (7) of the superior court in all respects including contempts, attendance of witnesses, and bench warrants;

     (8) to order the temporary detention of a minor, or take other action authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, when the minor is in a condition or surrounding dangerous or injurious to the welfare of the minor or others that requires immediate action; the action may be continued in effect until reviewed by the superior court in accordance with rules of procedure governing these cases;

     (9) to issue a protective order in cases involving
          (A) domestic violence as provided in AS 18.66.100 — 18.66.180; or

          (B) stalking or sexual assault as provided in AS 18.65.850 — 18.65.870;

     (10) to review an administrative revocation of a person’s driver’s license or nonresident privilege to drive, and an administrative refusal to issue an original license, when designated as a hearing officer by the commissioner of administration and with the consent of the administrative director of the Alaska Court System;

     (11) to establish the fact of death or inquire into the death of a person in the manner prescribed under AS 09.55.020 — 09.55.069;

     (12) to issue an ex parte testing, examination, or screening order according to the manner and procedure prescribed by AS 18.15.375.




Sec. 22.15.110. Additional duties of district judge and magistrate.
 (a) Each district judge and magistrate shall
     (1) record birth, death, and marriage certificates presented to them for record in the manner prescribed by law;

     (2) authorize the burial or disposition of bodies under AS 12.65.100; and

     (3) upon application by an appropriate person, appoint the person to assume temporary custody of and preserve the property and estate of deceased persons until disposition of the property is made under AS 13.16 or further order is made by the court.

 (b) A district judge may establish a controlled livestock district in accordance with AS 03.35.010.




Sec. 22.15.120. Limitations on proceedings which magistrate may hear.
 (a) A magistrate shall preside only in cases and proceedings under AS 22.15.040, 22.15.100, and 22.15.110, and as follows:
     (1) for the recovery of money or damages only when the amount claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000;

     (2) for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000;

     (3) for the recovery of a penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000;

     (4) to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or forfeiture imposed by statute;

     (5) to give judgment of conviction upon a plea of guilty or no contest by the defendant in a criminal proceeding within the jurisdiction of the district court;

     (6) to hear, try, and enter judgments in all cases involving misdemeanors that are not minor offenses if the defendant consents in writing that the magistrate may try the case;

     (7) to hear, try, and enter judgments in all cases involving minor offenses and violations of ordinances of political subdivisions;

     (8) for the extradition of fugitives as authorized under AS 12.70;

     (9) to provide post-conviction relief under the Alaska Rules of Criminal Procedure for any of the cases specified in (5), (6), or (7) of this subsection if the conviction occurred in the district court; or

     (10) to hear, try, and enter judgments in actions for the payment of wages brought by the Department of Labor and Workforce Development as provided in AS 22.15.040(a).

 (b) A magistrate may not preside in small claims cases under AS 22.15.040 when service is made on a defendant outside the state under Rule 11(a)(4)(C), District Court Rules of Civil Procedure.

 (c) In this section, “minor offense” means
     (1) an offense classified by statute as an infraction or a violation;

     (2) an offense for which a bail forfeiture amount has been authorized by statute and established by supreme court order; or

     (3) a statutory offense for which a conviction cannot result in incarceration, a fine greater than $300, or the loss of a valuable license.




Sec. 22.15.130. Seal of court. [Repealed, § 2 ch 64 SLA 1974. For current law, see AS 22.05.060.]
For current law, see AS 22.05.060.

For current law, see AS 22.05.060.



Sec. 22.15.140. Process.
Process of the district court shall be in the name of the State of Alaska, signed by the district judge, magistrate, clerk, or deputy clerk of the district court in the judicial district where the process is issued, dated when issued, sealed with the seal of the court, and made returnable according to rule prescribed by the supreme court and shall run throughout the state.


Sec. 22.15.150. Jury trials.
The trial jury in the district courts consists of a body of six persons in number.


Sec. 22.15.160. Qualifications of district judges and magistrates.
 (a) A district judge shall be a citizen of the United States and of the state, at least 21 years of age, a resident of the state for at least five years immediately preceding appointment, and (1) have been engaged in the active practice of law for not less than three years immediately preceding appointment and at the time of appointment licensed to practice law in the State of Alaska; or (2) have served for at least seven years as a magistrate in the state. The supreme court may prescribe additional qualifications.

 (b) A magistrate shall be a citizen of the United States and of the state, at least 21 years of age, and a resident of the state for at least six months immediately preceding appointment. The supreme court may prescribe additional qualifications.




Sec. 22.15.170. Selection of district judges and magistrates.
 (a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge within 45 days after receiving nominations from the judicial council by appointing one of two or more persons nominated by the council for each actual or impending vacancy. The appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.

 (b) The presiding judge of the superior court in each judicial district may appoint acting district judges as needed to serve at the pleasure of the presiding judge for a term of no longer than 12 months or until succeeded by an appointment made under (a) of this section, whichever first occurs. An acting district judge shall be a citizen of the United States and of the state, at least 21 years of age, but need not be licensed to practice law in any of the United States and need not have established Alaska residence before appointment. Service as an acting district judge is not considered a judicial service for the purposes of AS 22.25 unless the judge is subsequently appointed under (a) of this section.

 (c) The presiding judge of the superior court in each judicial district shall appoint the magistrates for the district court for the judicial district. Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for which appointed.

 (d) Vacancies for magistrates shall be filled in the same manner as appointments.

 (e) The office of a district court judge becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.




Sec. 22.15.180. Oath of office.
Each district judge and magistrate, upon entering office, shall take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation that may be prescribed by law.


Sec. 22.15.190. Assignment of district judges and magistrates.
Each district judge and each magistrate shall hold court at times and places that are assigned by the presiding judge of the superior court of the district. The presiding judge in any judicial district may assign any district judge or magistrate within the district to serve temporarily in any other judicial districts. Rules and procedures for temporary assignment including the emergency situation where a superior court judge is not readily available to assign a district judge or magistrate shall be as prescribed by the supreme court.


Sec. 22.15.195. Approval or rejection.
Each district court judge is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each judge before the retention election and shall provide to the public information about the judge and may provide a recommendation regarding retention or rejection. The information and the recommendation shall be made public at least 60 days before the election. The judicial council shall also provide the information and any recommendation to the office of the lieutenant governor in time for publication in the election pamphlet under AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a judge, the rejected judge may not for a period of four years thereafter be appointed to fill any vacancy in the supreme court, court of appeals, superior court, or district courts of the state.


Sec. 22.15.200. Incapacity. [Repealed, § 2 ch 213 SLA 1968.]
Sec. 22.15.205. Impeachment.
A district judge is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment must originate in the senate and must be approved by two-thirds vote of its members. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment shall be conducted by the house of representatives. A supreme court justice designated by the court shall preside at the trial. Concurrence of two-thirds of the members of the house is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges.


Sec. 22.15.210. Restrictions.
 (a) A district judge while holding office may not practice law, nor engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the judge, nor may a judge hold office in a political party, or hold any other office or position of profit under the United States, the state or its political subdivisions, except that, with the approval of the chief justice of the Alaska Supreme Court, a district judge may be appointed deputy clerk of the superior court and may hold the office of United States magistrate. A district judge who files for another elective public office other than delegate to a constitutional convention of this state or the United States forfeits the judicial position.

 (b) A magistrate, while holding office, may not hold office in a political party. A magistrate may hold any other office or position of profit under the United States, the state or its political subdivisions, or engage in the conduct of any profession or business that does not interfere with the performance of the judicial duties of the magistrate or require that the magistrate is repeatedly disqualified, on the magistrate’s own motion, from judicial service because of a conflict of interest caused thereby.




Sec. 22.15.220. Compensation.
 (a) Except as provided in (e) of this section, the monthly base salary for each district court judge is $10,793.

 (b) Each magistrate shall receive annual compensation including geographic differential pay to be determined by the supreme court. Salary increases shall be determined on the basis of percentage of pay increase the legislature provides for state employees in the classified service. A magistrate’s annual compensation may be payable, at the option of the magistrate, either monthly in 12 equal installments or semi-monthly in 24 equal installments.

 (c) A salary disbursement may not be issued to a district judge or magistrate until the judge or magistrate has filed with the state officer designated to issue salary disbursements an affidavit that no matter referred to the judge or magistrate for opinion or decision has been uncompleted or undecided by the judge or magistrate for a period of more than six months.

 (d) In addition to the monthly salary, each district court judge is entitled to receive a geographic cost-of-living adjustment each year on $100,000 of the judge’s annual base salary for that year, based on the location of the primary office assignment. The commissioner of administration shall calculate the geographic cost-of-living adjustment based on the geographic pay differentials established under AS 39.27.020(a). Retirement contributions and benefits shall be computed only on the monthly base salary not including the geographic cost-of-living adjustment.

 (e) Beginning July 1, 2006, if the monthly basic salary for Step E, Range 28, of the salary schedule set out in AS 39.27.011 increases, the monthly base salary of the judges of the district court shall increase by the same percentage. The increase takes effect when the salary increase under AS 39.27.011 takes effect and may be retroactive if consistent with the change to AS 39.27.011. The commissioner of administration shall, by regulation, establish the percentage at which the salary is increased and the increased salary amount.




Sec. 22.15.230. Additional compensation.
Subject to rule of the supreme court, a district judge or magistrate shall receive a per diem allowance and a transportation allowance commensurate with that authorized for other state employees.


Sec. 22.15.240. Appeal.
 (a) Either party may appeal a judgment of the district court in a civil action to the superior court.

 (b) The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court. When the judgment is given on a plea of guilty, an appeal may not be taken by the defendant except on the ground that a sentence of imprisonment of 90 days or more was excessive. The state’s right of appeal in criminal cases is limited by the prohibition against double jeopardy contained in the United States Constitution and the Alaska Constitution. The state may also appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.

 (c) [Repealed, § 47 ch 14 SLA 1987.]
 (d) [Repealed, § 47 ch 14 SLA 1987.]




Sec. 22.15.250. Disposition of fines.
When by law any fees, fines, forfeitures, or penalties are levied and collected by the district judge or magistrate, the proceeds and all other money collected shall be accounted for and transmitted to the administrative director of the Alaska Court System for transfer to the general fund of the state except as provided in AS 22.15.270.


Sec. 22.15.260. Bond. [Repealed, § 1 ch 27 SLA 1995.]
Sec. 22.15.270. Retention of fines, etc., by political subdivisions.
All fines, penalties, and forfeitures resulting from violations of ordinances of political subdivisions shall be returned to the political subdivision whose ordinance is involved in the manner provided by rule of the supreme court. Fines, penalties, and forfeitures imposed after appeals accrue to the state, unless the appeal is prosecuted by the political subdivision.


Sec. 22.15.310. [Renumbered as AS 22.20.410.]
Renumbered as AS 22.20.410.

Renumbered as AS 22.20.410.



Sec. 22.15.320. [Renumbered as AS 22.20.420.]
Renumbered as AS 22.20.420.

Renumbered as AS 22.20.420.



Sec. 22.15.330. [Renumbered as AS 22.20.430.]
Renumbered as AS 22.20.430.

Renumbered as AS 22.20.430.



Sec. 22.15.340. [Renumbered as AS 22.20.440.]
Renumbered as AS 22.20.440.

Renumbered as AS 22.20.440.



Sec. 22.15.350. Other duties of public administrator. [Repealed, § 18 ch 103 SLA 1996.]

Chapter 20. Judicial Officers, Employees, and Council; Attorneys.

Article 1. Judicial Officers.


Sec. 22.20.010. Judicial officer defined.
The term “judicial officer” means a supreme court justice, including the chief justice, a judge of the court of appeals, a judge of the superior court, a district judge, and a magistrate.


Sec. 22.20.020. Disqualification of judicial officer for cause.
 (a) A judicial officer may not act in a matter in which
     (1) the judicial officer is a party;

     (2) the judicial officer is related to a party or a party’s attorney by consanguinity or affinity within the third degree;

     (3) the judicial officer is a material witness;

     (4) the judicial officer or the spouse of the judicial officer, individually or as a fiduciary, or a child of the judicial officer has a direct financial interest in the matter;

     (5) a party, except the state or a municipality of the state, has retained or been professionally counseled by the judicial officer as its attorney within two years preceding the assignment of the judicial officer to the matter;

     (6) the judicial officer has represented a person as attorney for the person against a party, except the state or a municipality of the state, in a matter within two years preceding the assignment of the judicial officer to the matter;

     (7) an attorney for a party has represented the judicial officer or a person against the judicial officer, either in the judicial officer’s public or private capacity, in a matter within two years preceding the filing of the action;

     (8) the law firm with which the judicial officer was associated in the practice of law within the two years preceding the filing of the action has been retained or has professionally counseled either party with respect to the matter;

     (9) the judicial officer feels that, for any reason, a fair and impartial decision cannot be given.

 (b) A judicial officer shall disclose, on the record, a reason for disqualification specified in (a) of this section at the commencement of a matter in which the judicial officer participates. The disqualifications specified in (a)(2), (a)(5), (a)(6), (a)(7), and (a)(8) of this section may be waived by the parties and are waived unless a party raises an objection.

 (c) If a judicial officer is disqualified on the officer’s own motion or consents to disqualification, the presiding judge of the district shall immediately transfer the action to another judge of that district to which the objections of the parties do not apply or are least applicable and if there is no such judge, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. If a judicial officer denies disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higher level of courts or, if none, by the other members of the supreme court. The hearing may be ex parte and without notice to the parties or judge.




Sec. 22.20.022. Peremptory disqualification of a judge.
 (a) If a party or a party’s attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath the belief that a fair and impartial trial cannot be obtained, the presiding district court or superior court judge, respectively, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit must contain a statement that it is made in good faith and not for the purpose of delay.

 (b) A judge or court may not punish a person for contempt for making, filing, or presenting the affidavit provided for in this section, or a motion founded on the affidavit.

 (c) The affidavit shall be filed within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later, unless good cause is shown for the failure to file it within that time.

 (d) A party or a party’s attorney may not file more than one affidavit under this section in an action and no more than two affidavits in an action.




Sec. 22.20.030. Power of judicial officers.
A judicial officer may
     (1) preserve and enforce order in the immediate presence of the court and in the proceedings before the court, when engaged in the performance of a duty imposed by law on the judicial officer;

     (2) compel obedience to the lawful orders of the court, as provided by law;

     (3) compel the attendance of persons to testify in a pending proceeding in the cases and manner provided by law;

     (4) administer oaths in a proceeding pending before the court and in all other cases where it may be necessary in the exercise of the powers and the performance of the duties of the judicial officer;

     (5) take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged;

     (6) take and certify the acknowledgment of satisfaction of a judgment in any court;

     (7) take and certify an affidavit or deposition to be used in any court of justice or other tribunal of the state.




Sec. 22.20.035. Powers of judicial employees.
The clerk of a court, and a deputy clerk designated by order of a court, may exercise the powers of judicial officers specified in AS 22.20.030(4)-(7), and other powers authorized by law.


Sec. 22.20.037. Employment of judicial employees.
 (a) Judicial employees shall be employed subject to classification and wage plans based on the merit principle and adapted to the special needs of the judiciary, as determined by the administrative director of the Alaska Court System. Except as otherwise provided by law, all employees of the Alaska Court System and the judicial council are subject to the general state laws regarding leave, retirement, and travel.

 (b) This section does not deprive employees of the judiciary of the right to participate in the state employees retirement system, a group insurance plan, or any other program, benefits, or rights provided by law or personnel rule for state employees in the classified service.

 (c) The administrative director of the Alaska Court System shall conduct a salary survey annually to ensure that employees of the Alaska Court System receive salaries consistent with those paid to employees in the classified and partially exempt state service.

 (d) The administrative director of the Alaska Court System shall file a travel and compensation report with the legislature by January 31 of each year. The report must contain detailed information for the previous calendar year of the salaries, per diem, travel expenses, relocation expenses, and any additional allowances for
     (1) each justice of the supreme court;

     (2) each judge of the court of appeals; and

     (3) the administrative director of the Alaska Court System.




Article 2. Attorneys.


Sec. 22.20.040. Appearance.
 (a) An action or proceeding may be prosecuted or defended by a party in person or by attorney. However,
     (1) the United States shall appear by an attorney in all cases; and

     (2) a corporation, either public or private, shall appear by an attorney in all cases unless an exception to the corporation’s appearance by an attorney has been explicitly made by law.

 (b) When a party appears by attorney, the written proceedings shall be in the name of the attorney, who is the sole representative of the client as between the client and the adverse party.




Sec. 22.20.050. Authority to bind client, receive money or property, and give discharge.
 (a) An attorney may
     (1) bind the attorney’s client in any of the proceedings in an action or proceeding by agreement filed with the clerk or entered upon the journal of the court, and not otherwise;

     (2) receive money or property claimed by the client in an action or proceeding during its pendency, or within three years after judgment, and, upon the payment or delivery of it, discharge the claim or acknowledge satisfaction of the judgment.

 (b) However, this section does not prevent a party from employing a new attorney to issue execution upon a judgment, or to take the other proceedings prescribed by law for its enforcement, and when the party does so the authority of the former attorney ceases.




Sec. 22.20.060. Appearance of attorney without authority.
If it is alleged by a party for whom an attorney appears that the attorney does so without authority, and the allegation is verified by the affidavit of the party, the court may, if it finds the allegation true, at any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of the attorney’s act.


Sec. 22.20.070. Requiring proof of authority.
The court may, on motion of either party, and on showing reasonable grounds therefor, require the attorney for an adverse party to produce or prove the authority under which the attorney appears, and until the attorney does so may stay all proceedings by the attorney on behalf of the party for whom the attorney assumes to appear.


Sec. 22.20.080. Compelling attorney to deliver over money or papers.
When an attorney refuses to deliver over money or papers to a person from or for whom the attorney has received them in the course of professional employment, whether in a judicial proceeding or not, a court may, by order, require the attorney to do so within a specified time or show cause why punishment for a contempt should not be imposed on the attorney.


Sec. 22.20.090. Court order to deliver over money or papers.
If an attorney claims a lien upon the money or papers under AS 34.35.430, the court, in making an order under AS 22.20.080, shall
     (1) impose, as a condition of making the order, that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action;

     (2) summarily inquire into the facts on which the claim of a lien is founded, and determine it; or

     (3) direct the trial of the controversy by a jury, or refer it, and upon the verdict or report determine it as in other cases.




Article 3. Commissioner of Public Safety.


Sec. 22.20.100. Duty of the commissioner in the supreme court.
The commissioner is the executive officer of the supreme court and shall serve and execute all process issued by the supreme court or a justice of the supreme court, and shall attend the supreme court, and has the authority necessary for the execution of these duties.


Sec. 22.20.110. Duty of the commissioner in the court of appeals, the superior court, and district courts.
When required by the supreme court, and except as otherwise provided in AS 18.66.160, the commissioner shall serve and execute all process issued by the court of appeals, the superior court, and the district courts; attend to and wait upon grand and petit juries; maintain order; attend the sessions of the courts; and exercise the power and perform the duties concerning all matters within the jurisdiction of the courts as may be assigned. The commissioner is the executive officer of the court of appeals, the superior court, and district courts.


Sec. 22.20.120. General authority and duty of the commissioner.
The authority necessary for the lawful performance of the duties of execution of service of process, seizure and detention of property, the sale of property forfeited or levied upon, and arrest of persons, in connection with civil matters, is vested in the commissioner. Any court of the state issuing any process may direct the process for execution of service to the commissioner or the designee of the commissioner.


Sec. 22.20.130. Assistance for commissioner.
 (a) The commissioner shall be assisted in the execution of the authority and duty vested by AS 22.20.100 — 22.20.140 by members of the division of state troopers or Alaska state constabulary who the commissioner designates. The commissioner is responsible on official bond for the acts of all persons designated under this subsection. The persons designated under this subsection have the same authority and duty granted to the commissioner and are subject to orders of the courts of the state in the same manner as the commissioner. They are responsible to the commissioner and to the courts, and shall be executive officers of the courts. In order to be designated under this section, the commissioner may require the person to submit the person’s fingerprints and the fees required under AS 12.62.160 for criminal justice information and a national criminal history record check. The commissioner may obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.

 (b) The commissioner has the responsibility of providing sufficient personnel to effectively execute the authority and duty vested by AS 22.20.100 — 22.20.140, and shall adopt the necessary regulations within the Department of Public Safety for the efficient direction, control, and discipline of the members designated by the commissioner under this section.




Sec. 22.20.140. Definitions.
In AS 22.20.100 — 22.20.140,
     (1) “commissioner” means the commissioner of public safety;

     (2) “district courts” includes sessions presided over by a magistrate;

     (3) “process” means any summons, writ, process, order, or subpoena.




Article 4. Judicial Council.


Sec. 22.20.200. DNA evidence information.
The judicial council shall periodically review and distribute information relevant to the technical, legal, and scientific use of deoxyribonucleic acid (DNA) profiles in criminal proceedings to
     (1) judges and magistrates;

     (2) the Department of Law;

     (3) the Public Defender Agency;

     (4) the office of public advocacy.




Sec. 22.20.210. Staff and support for criminal justice commission.
The judicial council shall provide staff and administrative support to the Alaska Criminal Justice Commission established in AS 44.19.641.


Article 5. Administrative Director.


Sec. 22.20.300. Administrative director.
The chief justice of the supreme court shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the Alaska Court System.


Sec. 22.20.310. Court system report.
The administrative director of the Alaska Court System shall, not later than March 15 of each year, make available to the public and file with the senate secretary and the chief clerk of the house of representatives a report regarding the Alaska Court System. The report must include
     (1) a profile of the Alaska Court System and its justices, judges, and magistrates;

     (2) a summary description of the administration of the court system, including detailed descriptions of its facilities, programs, and personnel;

     (3) average, mean, minimum, and maximum time periods between initial receipt and final disposition of cases classified by courts and by each justice, judge, and magistrate;

     (4) information identifying each justice, judge, or magistrate who has had salary withheld under the authority of AS 22.05.140(b), AS 22.07.090(b), AS 22.10.190(b), or AS 22.15.220(c) and the number of times and the time periods of the occurrences;

     (5) other information and data relevant to aiding the public and the legislature in understanding the organization, administration, caseload, disposition of cases, and accomplishments of the court system;

     (6) the travel expenses and per diem for each justice, judge, or magistrate for the previous calendar year.




Sec. 22.20.320. Information systems guidelines and plan.
The administrative director of the Alaska Court System shall establish information systems guidelines and prepare a short-range and long-range information systems plan for the court system. The guidelines and plan must be consistent with the telecommunications information guidelines and plan adopted by the commissioner under AS 44.21.350 — 44.21.390 and must be adapted to the special needs of the judicial branch as determined by the administrator of the Alaska Court System.


Article 6. Public Administrators.


Sec. 22.20.410. Appointment.
When authorized by the supreme court, the presiding judge in each judicial district shall appoint a person to act as public administrator of the estates of deceased persons.


Sec. 22.20.420. Administration of decedents’ estates.
When letters of administration are issued to a public administrator by the superior court in the district, the public administrator is the legal custodian of and shall administer the estates of deceased persons who leave property within the district. Letters of administration shall be issued to the public administrator when (1) administration of a decedent’s estate is required by law, and (2) a period of 30 days has elapsed from the date of death with no letters testamentary or letters of administration having been applied for and issued to any other person entitled by law to administer the estate of the deceased person. Except as otherwise provided in AS 22.20.410 — 22.20.440, a public administrator shall administer estates as other administrators, and has all the rights and authority, and is subject to all the duties and liabilities of other administrators.


Sec. 22.20.430. Bond.
Before entering upon the duties of a public administrator, the public administrator shall execute and file with the administrative director of the Alaska Court System a surety bond in the form and amount to be determined by rule of the supreme court. The costs of the bond shall be paid by the court system.


Sec. 22.20.440. Compensation.
A public administrator is entitled to annual compensation in an amount to be determined by the supreme court and is not entitled to fees as other administrators.


Chapter 25. Retirement and Death Benefits.

Sec. 22.25.010. Mandatory and voluntary retirement of justices and judges.
 (a) A justice or judge shall be retired on the date that the justice or judge reaches the age of 70. A justice or judge is eligible for retirement pay with five or more years of service at the time of retirement as a justice or judge.

 (b) A justice or judge may be retired for incapacity as provided in this section. A justice or judge is eligible for retirement pay with two or more years of service at the time of retirement for incapacity. The effective date of retirement under this subsection is the first day of the month coinciding with or after the date that the governor files written notice with the commissioner of administration that a designated justice or judge was retired for incapacity. A duplicate copy of the notice shall be filed with the judicial council.

 (c) A justice or judge who served for a period of five years may file with the governor a written application for retirement which contains a sworn statement of service and a sworn statement of the incapacity of the justice or judge to efficiently perform the judicial duties. When an application is filed, the governor shall appoint a board of three persons to inquire into the circumstances, and may, upon the board’s recommendation, retire the justice or judge. The effective date of the retirement shall be as provided in (b) of this section.

 (d) A justice or judge may voluntarily retire at any time and shall have a vested right to accrued retirement pay if the justice or judge has served five or more years. Retirement pay may not commence until the justice or judge has reached age 60; except that an actuarially equivalent retirement pay may be commenced after the justice or judge has reached age 55 or upon 20 years’ service as a justice or judge. The provisions of (b) of this section are an exception to this rule. A justice or judge desiring to retire under this subsection shall file with the governor a notice of that desire, together with a sworn statement of the facts establishing eligibility to retire. The governor shall certify those facts to the commissioner of administration and declare, in writing, the eligibility or ineligibility for retirement of the justice or judge. If a justice or judge is eligible to receive retirement pay at the time of retirement, the retirement pay shall commence on the first day of the month coinciding with or after the date the written declaration of the governor is filed with the commissioner of administration. If a justice or judge is not eligible to receive retirement pay at the time of retirement, the retirement pay shall commence on the first day of the month the justice or judge reaches age 60 or the month the justice or judge becomes eligible for an actuarial equivalent if application was made for this option.

 (e) [Repealed, § 16 ch 83 SLA 1967.]
 (f) In the computation of service for retirement under this chapter, the time served by a justice or judge of any court is added to the time served, if any, on any other court. All service rendered by a justice or judge, including service as a magistrate or deputy magistrate, before July 1, 1967, shall be included in the computation.

 (g) [Repealed, § 47 ch 59 SLA 2002.]




Sec. 22.25.011. Contributions of judges and justices.
Each justice and judge appointed after July 1, 1978, is a member under the judicial retirement system as of the date of the justice’s or judge’s appointment and shall contribute seven percent of the base annual salary received by the justice or judge to the judicial retirement system. Contributions shall be made for all creditable service under this chapter up to a maximum of 15 years. This contribution is made in the form of a deduction from compensation, at the end of each payroll period, and is made even if the compensation paid in cash to the justice or judge is reduced below the minimum prescribed by law. The contributions shall be deducted from the justice’s or judge’s compensation before the computation of applicable federal taxes and shall be treated as employer contributions under 26 U.S.C. 414(h)(2). A member may not have the option of making the payroll deduction directly in cash instead of having the contribution picked up by the employer. Each justice and judge is considered to consent to the deduction from compensation. Payment of compensation less the deduction constitutes a full discharge of all claims and demands for the services rendered by the justice or judge during the period covered by the payment, except as to the benefits provided for under this chapter. The contributions shall be credited to the judicial retirement fund established in accordance with AS 22.25.048.


Sec. 22.25.012. Retirement benefits of administrative director.
 (a) An administrative director of the Alaska court system appointed under art. IV, sec. 16, Constitution of the State of Alaska, is a member under the judicial retirement system as of the date of the administrative director’s appointment and is entitled to retirement benefits under this chapter on the terms and conditions applicable to a superior court judge appointed after July 1, 1978, except that an administrative director may receive retirement benefits only with service as administrative director for 10 or more years.

 (b) An administrative director who vacates the office of administrative director for any reason and who has not at that time accrued 10 years of credited service under this chapter is entitled to a refund of contributions to the judicial retirement system together with interest.

 (c) An administrative director who withdraws from the judicial retirement system under (b) of this section is eligible for membership in the public employees’ retirement system (AS 39.35) and shall receive credited service in that system for service rendered as administrative director. To be eligible for membership in the public employees’ retirement system under this subsection, the administrative director must contribute to the public employees’ retirement system
     (1) the amount that would have been contributed if the administrative director had been a member during the period of the membership in the judicial retirement system; and

     (2) any contributions for service as administrative director refunded from the public employees’ retirement system at the time the administrative director became a member of the judicial retirement system.




Sec. 22.25.020. Retirement pay.
Except as provided in AS 22.25.023(b), a retired justice or judge eligible for retirement pay shall receive from the date of eligibility until death monthly retirement pay equal to five percent per year of service, to a maximum of 75 percent, of the monthly salary authorized for justices and judges, respectively, at the time each retirement payment is made. For a justice or judge who was first employed in this retirement system on or after July 1, 1996, base annual salary does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17) (Internal Revenue Code).


Sec. 22.25.021. Distribution requirements.
 (a) The entire interest of a member must be distributed or must begin to be distributed not later than the member’s required beginning date.

 (b) If a member dies after the distribution of the member’s interest has begun but before the distribution has been completed, the remaining portion of the interest shall continue to be distributed at least as rapidly as under the method of distribution being used before the member’s death.

 (c) If a member has made a distribution election and dies before the distribution of the member’s interest begins, distribution of the member’s entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the member’s death. However, if any portion of the member’s interest is payable to a designated beneficiary, distributions may be made over the life of the designated beneficiary or over a period certain not greater than the life expectancy of the designated beneficiary, commencing on or before December 31 of the calendar year immediately following the calendar year in which the member died, and, if the designated beneficiary is the member’s surviving spouse, the date distributions are required to begin may not be earlier than the later of December 31 of the calendar year (1) immediately following the calendar year in which the member died, or (2) in which the member would have attained 70 1/2 years of age, whichever is earlier. If the surviving spouse dies after the member but before payments to the spouse have begun, the provisions of this subsection apply as if the surviving spouse were the member. An amount paid to a child of the member will be treated as if it were paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority.

 (d) If a member has not made a distribution election before the member’s death, the member’s designated beneficiary must elect the method of distribution not later than December 31 of the calendar year (1) in which distributions would be required to begin under this section, or (2) that contains the fifth anniversary of the date of death of the member, whichever is earlier. If the member does not have a designated beneficiary or if the designated beneficiary does not elect a method of distribution, distribution of the member’s entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the member’s death.

 (e) For purposes of (c) of this section, distribution of a member’s interest is considered to begin (1) on the member’s required beginning date, or (2) if the designated beneficiary is the member’s surviving spouse and the surviving spouse dies after the member but before payments to the spouse have begun, on the date distribution is required to begin to the surviving spouse. If distribution in the form of an annuity irrevocably commences to the member before the required beginning date, the date distribution is considered to begin is the date that the distribution actually commences.

 (f) Notwithstanding any contrary provisions of this chapter, the requirements of this section apply to all distributions of a member’s interest and take precedence over any inconsistent provisions of this chapter.

 (g) All distributions required under this section are determined and made in accordance with 26 U.S.C. 401(a)(9) and regulations adopted under that statute, including any minimum distribution incidental benefit requirement.

 (h) Unless otherwise specified, the provisions of this section apply to calendar years beginning on or after January 1, 1989.

 (i) In this section,
     (1) “designated beneficiary” means the individual who is designated as the beneficiary under the system in accordance with 26 U.S.C. 401(a)(9) and regulations adopted under that statute;

     (2) “required beginning date” means the first day of April of the calendar year following the calendar year in which the member either attains 70 1/2 years of age or actually retires, whichever is later.




Sec. 22.25.022. Rollover distributions and rollover contributions.
 (a) A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover.

 (b) The system does not accept contributions of eligible rollover distributions.

 (c) In this section,
     (1) “direct rollover” means the payment of an eligible rollover distribution by the system to an eligible retirement plan specified by a distributee who is eligible to elect a direct rollover;

     (2) “distributee” means a member or a beneficiary who is the surviving spouse of the member or an alternate payee;

     (3) “eligible retirement plan” means
          (A) an individual retirement account described in 26 U.S.C. 408(a);

          (B) an individual retirement annuity defined in 26 U.S.C. 408(b);

          (C) an annuity plan described in 26 U.S.C. 403(a);

          (D) a qualified trust described in 26 U.S.C. 401(a);

          (E) on and after January 1, 2002, an annuity plan described in 26 U.S.C. 403(b);

          (F) on or after January 1, 2002, a governmental plan described in 26 U.S.C. 457(b); or

          (G) on or after January 1, 2008, a Roth IRA described in 26 U.S.C. 408A;

     (4) “eligible rollover distribution” means a distribution of all or part of a total account to a distributee, except for
          (A) a distribution that is one of a series of substantially equal installments payable not less frequently than annually over the life expectancy of the distributee or the joint and last survivor life expectancy of the distributee and the distributee’s designated beneficiary, as defined in 26 U.S.C. 401(a)(9);

          (B) a distribution that is one of a series of substantially equal installments payable not less frequently than annually over a specified period of 10 years or more;

          (C) a distribution that is required under 26 U.S.C. 401(a)(9);

          (D) the portion of any distribution that is not includable in gross income; however, a portion under this subparagraph may be transferred only to an individual retirement account or annuity described in 26 U.S.C. 408(a) or (b), to a qualified plan described in 26 U.S.C. 401(a) or 403(a), or to an annuity contract described in 26 U.S.C. 403(b), that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable in gross income; and

          (E) other distributions that are reasonably expected to total less than $200 during a year.




Sec. 22.25.023. Limitation on benefits; maximum annual compensation.
 (a) Notwithstanding any other provisions of this chapter, the projected annual benefit provided by this chapter and the benefit from all other defined benefit plans required to be aggregated with the benefits from this system under the provisions of 26 U.S.C. 415 may not increase to an amount in excess of the amount permitted under 26 U.S.C. 415 at any time. In the event that any accrued benefit of a member exceeds the limitation of 26 U.S.C. 415 for a limitation year, the system shall make any necessary remedial action to correct an excess accrued benefit. The provisions of 26 U.S.C. 415, and the regulations adopted under that statute, as applied to qualified defined benefit plans of governmental employers are incorporated as part of the terms and conditions of the system. This subsection shall apply to any member of this system.

 (b) In this subsection, for system fiscal years beginning on or after January 1, 1998, and for purposes of 26 U.S.C. 415(b)(3) and the regulations adopted under that statute, “salary” includes any amount that is contributed by the employer under a salary reduction agreement and that is not includable in the member’s gross income under 26 U.S.C. 125, 132(f)(4), 402(e)(3), 402(h), or 403(b) and is limited to compensation that is actually paid to a member during the determination period, which is the fiscal year of the system.




Sec. 22.25.025. Administration; federal qualification requirements.
 (a) The commissioner of administration is responsible for the administration of the judicial retirement system. The system is intended to qualify as a governmental plan established and maintained by the government of this state for the state’s employees, as permitted under 26 U.S.C. 414(d). The commissioner shall publish an information handbook for the system at intervals as the commissioner considers appropriate.

 (b) An amendment to this chapter does not provide a person with a vested right to a benefit if the Internal Revenue Service determines that the amendment will result in disqualification of the plan under the Internal Revenue Code.




Sec. 22.25.027. Regulations.
 (a) The commissioner of administration may adopt regulations to implement this chapter. Regulations adopted by the commissioner under this chapter relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act).

 (b) Notwithstanding (a) of this section, a regulation adopted under this chapter shall be published in the Alaska Administrative Register and Code for informational purposes. Each regulation adopted under this chapter must conform to the style and format requirements of the drafting manual for administrative regulations that is published under AS 44.62.050.

 (c) At least 30 days before the adoption, amendment, or repeal of a regulation under this chapter, the commissioner of administration shall provide notice of the action that is being considered. The notice shall be
     (1) posted in public buildings throughout the state;

     (2) published in one or more newspapers of general circulation in each judicial district of the state;

     (3) mailed to each person or group that has filed a request for notice of proposed action with the commissioner of administration; and

     (4) furnished to each member of the legislature and to the Legislative Affairs Agency.

 (d) Failure to mail notice to a person as required under (c)(3) of this section does not invalidate an action taken by the commissioner of administration.

 (e) The commissioner may hold a public hearing on a proposed regulation.

 (f) A regulation adopted under this chapter takes effect 30 days after adoption by the commissioner of administration.

 (g) Notwithstanding the other provisions of this section, a regulation may be adopted, amended, or repealed, effective immediately, as an emergency regulation by the commissioner of administration. For an emergency regulation to be effective the commissioner of administration must find that the adoption, amendment, or repeal of the regulation is necessary for the immediate preservation of the orderly operation of the judicial retirement system. The commissioner of administration shall, within 10 days after adoption of an emergency regulation, give notice of the adoption under (c) of this section. An emergency regulation adopted under this subsection may not remain in effect more than 90 days unless the commissioner of administration complies with the procedures set out in this section and adopts the regulation as a permanent regulation.

 (h) In this section, “regulation” has the meaning given in AS 44.62.640(a).




Sec. 22.25.030. Survivors’ benefits.
 (a) Upon the death of a justice or judge who has served for at least two years, the surviving spouse is entitled to receive survivors’ benefits equal to one-half of the monthly retirement pay the justice or judge would thereafter have been entitled to receive if retired at the time of death. If at death the justice or judge was not yet entitled to retirement pay, or was or would have been entitled to less than 60 percent of the monthly salary authorized for the office, the surviving spouse is entitled to monthly survivors’ benefits equal to 30 percent of the salary authorized for justices or judges, respectively, at the time each monthly payment is made.

 (b) To be eligible for the survivors’ benefits, the surviving spouse must have been married to the justice or judge for at least one year immediately preceding the death of the justice or judge. The benefits continue until the death of the surviving spouse.

 (c) If there is no surviving spouse, or if the surviving spouse does not meet the requirements of (b) of this section, or upon the death of the surviving spouse, the surviving dependent child or children of the justice or judge are entitled to receive, in equal shares, 50 percent of the amount of the survivors’ benefits specified under (a) of this section.

 (d) The surviving child or children are entitled to the survivors’ benefits under (c) of this section during the period of their dependency. Dependency exists with respect to any child of a justice or judge who is either (1) a minor under the laws of Alaska, (2) under the age of 23 and is a student attending on a full-time basis an accredited educational or technical institution recognized by the state Department of Education and Early Development, or (3) so mentally or physically incapacitated as to be unable to provide for self care.

 (e) If there are both an eligible surviving spouse and surviving dependent children, but who reside in separate households, the surviving spouse and dependent children will share equally in the benefits payable under (a) of this section.

 (f) The rights of a surviving spouse or dependent child under this section are subject to the rights of a previous spouse or a dependent under a qualified domestic relations order.

 (g) If there is no surviving spouse or surviving dependent child entitled to benefits under this section or if after payment of all survivors’ benefits due under this section, less than the amount of contributions made by the justice or judge to the system under AS 22.25.011 and interest credited has been paid, the difference between the amount of contributions and the amount of benefits paid shall be paid to the designated beneficiary of the justice or judge. If there is no designated beneficiary or if no designated beneficiary survives the justice or judge, the balance of the contributions and interest credited shall be paid to the
     (1) surviving spouse; or, if there is none surviving,

     (2) surviving children in equal parts; or, if there is none surviving,

     (3) surviving parents in equal parts; or, if there is none surviving,

     (4) justice’s or judge’s estate.




Sec. 22.25.033. Claim for survivor’s benefits.
A person claiming entitlement to benefits payable under this chapter as a consequence of a justice’s or judge’s death shall provide the commissioner of administration with a marriage certificate, divorce or dissolution judgment, or other evidence of entitlement. Documents establishing entitlement may be filed with the commissioner immediately after a change in the justice’s or judge’s marital status. If the commissioner does not receive notification of a claim before the date 10 days after the justice’s or judge’s death, the person claiming entitlement is not entitled to receive from the Department of Administration any benefit already paid by the commissioner under this chapter.


Sec. 22.25.035. Rights under a qualified domestic relations order.
A former spouse who was married to a justice or judge for at least one year shall be treated as a spouse or surviving spouse under this chapter to the extent required by a qualified domestic relations order. Rights under the order do not take effect until the order is filed with the administrator.


Sec. 22.25.040. Refund of contributions. [Repealed, § 16 ch 83 SLA 1967.]
Sec. 22.25.041. Refund of contributions.
 (a) Except as provided in (c) of this section, a justice or judge who vacates office for any reason and who has not then accrued five years of creditable service under this chapter is entitled to receive a refund of the total amount of contributions, including principal and interest payments on indebtedness, together with interest credited on the amount. To receive credit for an earlier period of service under AS 22.25.010(f), a justice or judge who has received a refund of contributions and who returns to active service shall repay in full, before appointment to retirement, the refunded contributions with interest at the prevailing rate.

 (b) A justice or judge whose contributions have been involuntarily refunded because of a levy under AS 09.38.065 or because of a federal tax levy may repay the amount levied together with accrued interest whether or not the justice or judge is on active service. Repayments shall be made under (a) of this section.

 (c) A justice or judge whose rights to a refund are subject to a qualified domestic relations order is entitled to receive a refund of the total amount of contributions, together with interest credited on the amount, only if the present spouse of the justice or judge, if any, and each person entitled under the order consent to the refund in writing on a form provided by the administrator. The administrator may waive written consent from the person entitled to benefits under the order if the administrator determines that the person cannot be located or for other reasons established by regulation. The administrator may waive written consent from the spouse if the administrator determines that
     (1) the justice or judge was not married to the spouse during any period of the justice’s or judge’s employment under this chapter;

     (2) the spouse has no right to benefits under this chapter because of the terms of a qualified domestic relations order;

     (3) the spouse cannot be located;

     (4) the justice or judge and spouse have been married for less than two years and the justice or judge establishes that they are not cohabiting; or

     (5) another reason established by regulation exists.

 (d) Except as provided in this subsection and in AS 29.45.030(a)(1), amounts held in the system on behalf of a justice or judge or other person who is or may become eligible for benefits under the system are exempt from Alaska state and municipal taxes and are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge of any kind, either voluntary or involuntary, before they are received by the person entitled to the amount under the terms of the system, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to amounts accrued in the system is void. However,
     (1) the right of a justice or judge to receive benefits or the contributions and interest may be assigned
          (A) under a qualified domestic relations order; or

          (B) to a trust or similar legal device that meets the requirements for a Medicaid-qualifying trust under AS 47.07.020(f) and 42 U.S.C. 1396p(d)(4);

     (2) a justice or judge may elect to have the taxable portion of the qualifying distributions transferred directly to another qualified plan or an individual retirement account that accepts the transfer.




Sec. 22.25.045. Appropriations. [Repealed, § 42 ch 146 SLA 1980.]
Sec. 22.25.046. Employer contributions.
 (a) The state court system shall contribute to the judicial retirement system at the rate established by the commissioner of administration. The contribution rate shall be based on the results of an actuarial valuation of the judicial retirement system. The results of the actuarial valuation shall be based on actuarial methods and assumptions adopted by the commissioner of administration.

 (b) The contribution rate shall be a percentage which, when applied to the covered compensation of all active members of the judicial retirement system, will generate sufficient money to support, along with contributions from members, the benefits of the judicial retirement system.

 (c) Employer contributions shall be separately computed for benefits provided by AS 22.25.090 and shall be deposited in the Alaska retiree health care trust established under AS 39.30.097(a).




Sec. 22.25.048. Judicial retirement trust fund; accounting and investment.
 (a) The commissioner of administration shall establish a judicial retirement trust fund for the judicial retirement system in which the assets of the system are deposited and held. The trust fund is subject to the restrictions of (h) of this section. The commissioner shall maintain accounts and records for the system.

 (b) All income of the judicial retirement fund and all disbursements made from the fund shall be credited or charged, whichever is appropriate, to the following accounts:
     (1) an individual account that contains the mandatory contributions collected from a person under AS 22.25.011;

     (2) an account that is credited with the contributions of the state court system;

     (3) a retirement reserve account; and

     (4) an expense account for the judicial retirement system that shall be credited with funds transferred from the account described in (2) of this subsection.

 (c) The Alaska Retirement Management Board is the fiduciary of the fund and has the same powers and duties under this section in regard to the judicial retirement trust fund as are provided in AS 37.10.220.

 (d) Within one year following retirement, an amount actuarially determined as necessary to pay fully for the benefits to be received by a person under this chapter shall be transferred first from the individual account described in (b)(1) of this section and, after the individual contributions have been exhausted, then from the court system account described in (b)(2) of this section, into the retirement reserve account described in (b)(3) of this section.

 (e) The contributions of the court system to the retirement reserve account shall contain the actuarially determined amount necessary to fully fund the pension, death benefits, and other benefits paid under the judicial retirement system to a person under this chapter.

 (f) The investment income of the judicial retirement fund shall be allocated in proportion to the balances of assets first to the retired reserve account described in (b)(3) of this section and then to the account described in (b)(2) of this section.

 (g) The account described in (b)(4) of this section is charged with all disbursements representing the administrative expenses incurred by the judicial retirement system. Expenditures from this account shall be included in the budget of the governor for each fiscal year.

 (h) The corpus or income of the assets held in trust as required by the system may not be diverted to or used for other than the exclusive benefit of the members or their beneficiaries.

 (i) If the judicial retirement system is terminated,
     (1) a member whose contributions have not been refunded, regardless of the member’s employment status at the date of the termination of the system, shall be considered fully vested in the member’s adjusted accrued retirement benefits as of the date of the termination of the system; and

     (2) if all liabilities are satisfied, any excess assets arising from erroneous actuarial computation shall revert to the employer.




Secs. 22.25.050 — 22.25.070. Financing and administration; contributions; transfer of contributions. [Repealed, § 16 ch 83 SLA 1967.]
Sec. 22.25.080. Tax exemption.
Benefits paid under this chapter are exempt from state and municipal income taxes.


Sec. 22.25.090. Medical benefits.
 (a) Except as provided in (c) of this section, the following persons are entitled to major medical insurance coverage:
     (1) a person receiving a monthly benefit under this chapter;

     (2) the spouse of a person receiving a monthly benefit under this chapter;

     (3) a natural or adopted child of a person receiving a monthly benefit under this chapter, if the child is a dependent child under (f) of this section.

 (b) Except as provided in (c) of this section, major medical insurance coverage takes effect on the same date as retirement benefits begin and stops when the retired person or survivor is no longer eligible to receive a monthly benefit. The coverage for persons age 65 or older is the same as that available for persons under 65 years of age. The benefits payable to those persons age 65 or older supplement any benefits provided under the federal old age, survivors, and disability insurance program. The medical premium and optional insurance premiums owed by a retired person or survivor shall be deducted from the benefit payable to the retired person or survivor before payment of the benefit.

 (c) Receipt under a qualified domestic relations order of a monthly benefit from the system does not entitle a person or the person’s spouse or child to insurance coverage under (a) of this section. However, a member’s former spouse who receives a monthly benefit under a qualified domestic relations order is entitled to receive major medical insurance coverage if the former spouse
     (1) elects the coverage within 60 days after the first monthly benefit paid under the order is mailed first class or otherwise delivered; and

     (2) pays the premium established by the administrator for the coverage.

 (d) The administrator shall inform members who have requested appointment to retirement that the health insurance coverage available to retired members may be different from the health insurance coverage provided to employees. The administrator shall also notify those members of time limits for selecting optional health insurance coverage and whether the election is irrevocable. A member who has requested appointment to retirement shall indicate in writing on a form provided by the administrator that the member has received the information required by this subsection and whether the member has chosen to receive optional health insurance coverage.

 (e) On and after July 1, 2007, benefits under this section shall be provided in part by the Alaska retiree health care trust established under AS 39.30.097(a).

 (f) In this section, “dependent child” means an unmarried child of a justice, judge, or administrative director of the Alaska Court System who is dependent on the justice, judge, or administrative director for support and who is either (1) less than 19 years old, or (2) less than 23 years old and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development. The age limits set out in this subsection do not apply to a child who is totally and permanently disabled.




Sec. 22.25.100. Exemption of retirement funds and benefits.
Employee contributions and other amounts held in the judicial retirement system and benefits payable under this chapter are exempt from garnishment, execution, and levy as provided in AS 09.38 (Alaska Exemptions Act).


Sec. 22.25.110. Special rules for treatment of qualified military service.
 (a) Notwithstanding any contrary provisions of this chapter, with respect to qualified military service, contributions shall be made and benefits and service credit shall be provided in accordance with 26 U.S.C. 414(u).

 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the member are entitled to any additional benefits that would have been provided to the survivors under the plan had the member resumed employment and then terminated employment on account of death. For purposes of this subsection, periods of qualified military service are not included in calculations of credited service.

 (c) Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a member receiving differential wage payments from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under 26 U.S.C. 415(b). For purposes of this subsection, “differential wage payment” means any payment that
     (1) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services, as defined in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and

     (2) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.




Sec. 22.25.800. Pension forfeiture.
The provisions of AS 37.10.310 apply to pension benefits under this chapter.


Sec. 22.25.900. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “actuarial equivalent” means the adjustment necessary to obtain equality in value of the aggregate expected payments under two different forms of pension payments, considering expected mortality and interest earnings on the basis of assumptions, factors, and methods specified in regulations issued under the system that are formally adopted by the Alaska Retirement Management Board that clearly preclude employer discretion in the determination of the amount of any justice’s, judge’s, or member’s benefit;

     (2) “judge” means a judge of the court of appeals, a superior court judge, or a district court judge;

     (3) “justice” means a supreme court justice;

     (4) “member” means an administrative director of the Alaska Court System who is eligible to participate in the system, a justice, or a judge;

     (5) “qualified domestic relations order” means a divorce or dissolution judgment under AS 25.24, including an order approving a property settlement, that
          (A) creates or recognizes the existence of an alternate payee’s right to, or assigns to an alternate payee the right to, receive all or a portion of the member contributions and interest or benefits payable with respect to a justice or judge;

          (B) sets out the name and last known mailing address, if any, of the justice or judge and of each alternate payee covered by the order;

          (C) sets out the amount or percentage of the justice’s or judge’s benefit, or of any survivor’s benefit, to be paid to the alternate payee, or sets out the manner in which that amount or percentage is to be determined;

          (D) sets out the number of payments or period to which the order applies;

          (E) sets out the plan to which the order applies;

          (F) does not require any type or form of benefit or any option not otherwise provided by this chapter;

          (G) does not require an increase of benefits in excess of the amount provided by this chapter, determined on the basis of actuarial value;

          (H) does not require the payment, to an alternate payee, of benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order.




Chapter 28. Contributory Judicial Retirement System.

[Rejected by referendum, effective October 14, 1976.]

Chapter 30. Judicial Conduct.

Sec. 22.30.010. Commission on Judicial Conduct.
The Commission on Judicial Conduct shall consist of nine members as follows: three persons who are justices or judges of state courts, elected by the justices and judges of the state courts; three members who have practiced law in this state for 10 years, appointed by the governor from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the legislature in joint session; and three citizens who are not judges, retired judges, or members of the state bar, appointed by the governor and subject to confirmation by a majority of the members of the legislature in joint session. Commission membership terminates if a member ceases to hold the position that qualified that person for appointment. A person may not serve on the commission and on the judicial council simultaneously. A quorum of the commission must include at least one person who is a justice or judge, at least one person appointed by the governor who has practiced law in the state for 10 years, and at least one citizen member who is not a justice, judge, or member of the state bar. The commission shall elect one of its members to serve as chairman for a term prescribed by the commission. A vacancy shall be filled by the appointing power for the remainder of the term.


Sec. 22.30.011. Powers and duties of the commission.
 (a) The commission shall on its own motion or on receipt of a written complaint inquire into an allegation that a judge
     (1) has been convicted of a crime punishable as a felony under state or federal law or convicted of a crime that involves moral turpitude under state or federal law;

     (2) suffers from a disability that seriously interferes with the performance of judicial duties and that is or may become permanent;

     (3) within a period of not more than six years before the filing of the complaint or before the beginning of the commission’s inquiry based on its own motion, committed an act or acts that constitute
          (A) wilful misconduct in office;

          (B) wilful and persistent failure to perform judicial duties;

          (C) conduct prejudicial to the administration of justice;

          (D) conduct that brings the judicial office into disrepute; or

          (E) conduct in violation of the code of judicial conduct; or

     (4) is habitually intemperate.

 (b) After preliminary informal consideration of an allegation, the commission may exonerate the judge, informally and privately admonish the judge, or recommend counseling. Upon a finding of probable cause, the commission shall hold a formal hearing on the allegation. A hearing under this subsection is public. Proceedings and records pertaining to proceedings that occur before the commission holds a public hearing on an allegation are confidential, subject to the provisions of AS 22.30.060(b).

 (c) A judge appearing before the commission at the hearing is entitled to counsel, may present evidence, and may cross-examine witnesses.

 (d) The commission shall, after a hearing held under (b) of this section,
     (1) exonerate the judge of the charges; or

     (2) refer the matter to the supreme court with a recommendation that the judge be reprimanded, suspended, removed, or retired from office or publicly or privately censured by the supreme court.

 (e) [Repealed, § 3 ch 135 SLA 1990.]
 (f) [Repealed, § 3 ch 135 SLA 1990.]
 (g) If the commission exonerates a judge, a copy of the proceedings and report of the commission may be made public on the request of the judge.

 (h) If a judge has been publicly reprimanded, suspended, or publicly censured under this section and the judge has filed a declaration of candidacy for retention in office, the commission shall report to the judicial council for inclusion in the statement filed by the judicial council under AS 15.58.050 each public reprimand, suspension, or public censure received by the judge
     (1) since appointment; or

     (2) if the judge has been retained by election, since the last retention election of the judge.




Sec. 22.30.015. Term of office.
The term of office for a commission member is four years.


Sec. 22.30.020. Employment and compensation generally.
The commission may employ officers, assistants, and other employees that it considers necessary for the performance of the duties and exercise of the powers conferred upon the commission; it may arrange for and compensate medical and other experts and reporters, may arrange for the attendance of witnesses, including witnesses not subject to subpoena, and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of § 10, art. IV, Constitution of the State of Alaska. The attorney general shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it considers it necessary.


Sec. 22.30.030. Travel expenses and per diem.
Each member of the commission shall be allowed travel expenses and per diem as provided by AS 39.20.180, but may not receive compensation for services.


Sec. 22.30.040. Preparation of budget.
The commission shall be responsible for preparing and presenting to the legislature its proposed annual budgets.


Sec. 22.30.050. Validity of acts of the commission.
An act of the commission is not valid unless concurred in by a majority of the members serving on the commission at the time the act is taken.


Sec. 22.30.060. Rules and confidentiality.
 (a) The commission shall adopt rules implementing this chapter and providing for confidentiality of proceedings.

 (b) All proceedings, records, files, and reports of the commission are confidential and disclosure may not be made except
     (1) upon waiver in writing by the judge at any stage of the proceedings;

     (2) if the subject matter or the fact of the filing of charges has become public, in which case the commission may issue a statement in order to confirm the pendency of the investigation, to clarify the procedural aspects of the proceedings, to explain the right of the judge to a fair hearing, or to state that the judge denies the allegations; or

     (3) upon filing of formal charges, in which case only the charges, the subsequent formal hearing, and the commission’s ultimate decision and minority report, if any, are public; even after formal charges are filed, the deliberations of the commission concerning the case are confidential.




Sec. 22.30.066. Inquiry.
 (a) The commission may subpoena witnesses, administer oaths, take the testimony of any person under oath, and require the production for examination of documents or records relating to its inquiry under AS 22.30.011.

 (b) In the course of an inquiry under AS 22.30.011 into judicial misconduct or the disability of a judge, the commission may request the judge to submit to a physical or mental examination. If the judge refuses to submit to the examination, the commission shall determine the issue for which the examination was required adversely to the judge.




Sec. 22.30.068. Minority reports.
A member of the commission who believes that the commission failed to impose an appropriate disciplinary measure after a hearing under AS 22.30.011(b) may submit a report recommending a different disciplinary measure. The report shall accompany the majority report and may be submitted by the member to the chief justice of the supreme court, the attorney general, and the chair of the senate and house judiciary committees.


Sec. 22.30.070. Disqualification, suspension, removal, retirement, and censure of judges.
 (a) A judge is disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment or an information charging the judge in the United States with a crime punishable as a felony under Alaska or federal law, or (2) a recommendation to the supreme court by the commission for the removal or retirement of the judge.

 (b) On recommendation of the commission, the supreme court may reprimand, publicly or privately censure, or suspend a judge from office without salary when in the United States the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under state or federal law or of a crime that involves moral turpitude under state or federal law. If the conviction is reversed, suspension terminates, and the judge shall be paid the judge’s salary for the period of suspension. If the judge is suspended and the conviction becomes final, the supreme court shall remove the judge from office.

 (c) On recommendation of the commission, the supreme court may (1) retire a judge for disability that seriously interferes with the performance of duties and that is or may become permanent, and (2) reprimand, publicly or privately censure, or remove a judge for action occurring not more than six years before the commencement of the judge’s current term which constitutes wilful misconduct in the office, wilful and persistent failure to perform duties, habitual intemperance, conduct prejudicial to the administration of justice, or conduct that brings the judicial office into disrepute. The effective date of retirement under (1) of this subsection is the first day of the month coinciding with or after the date that the supreme court files written notice with the commissioner of administration that the judge was retired for disability. A duplicate copy of the notice shall be filed with the judicial council.

 (d) A judge retired by the supreme court shall be considered to have retired voluntarily. A judge removed by the supreme court is ineligible for judicial office for a period of three years.

 (e) A supreme court justice who has participated in proceedings involving a judge or justice of any court may not participate in an appeal involving that judge or justice in that particular matter.




Sec. 22.30.080. Definitions.
In this chapter,
     (1) “commission” means the Commission on Judicial Conduct provided for in § 10, art. IV, Constitution of the State of Alaska and this chapter;

     (2) “judge” means a justice of the supreme court, a judge of the court of appeals, a judge of the superior court, or a judge of the district court who is the subject of an investigation or proceeding under § 10, art. IV, Constitution of the State of Alaska and this chapter, including a justice or judge who is serving in a full-time, part-time, permanent, or temporary position.




Chapter 35. Miscellaneous Provisions.

Sec. 22.35.010. Geographic cost-of-living adjustment. [Repealed, § 19 ch 47 SLA 2013.]
Sec. 22.35.020. Copies of records for child support purposes.
If a copy of a court record is requested by the child support services agency created in AS 25.27.010 or a child support agency of another state, the official custodian of the record shall provide the requesting agency with a copy of the record, including any social security number that the record might contain. If the requested record is maintained by the court system in an electronic data base, the record may be supplied by providing the requesting agency with a copy of the electronic record and a statement certifying its contents. A requesting agency receiving otherwise confidential information under this section may use it only for child support purposes authorized by law.


Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or dismissal.
The Alaska Court System may not publish a court record of a criminal case on a publicly available website if 60 days have elapsed from the date of acquittal or dismissal and
     (1) the defendant was acquitted of all charges filed in the case;

     (2) all criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure;

     (3) the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed; or

     (4) all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078.




Title 23. Labor and Workers’ Compensation.