ALASKA RULES OF COURT

Court rules

Ask Donna

What actually matters in this document.

Text

RULES OF ADMINISTRATION*

Table of Contents

Rule

6.1

8.1

9.1

Administrative Director of Courts—Duties.

Appointment and Compensation of Employees—Practice of

Law by Personnel Prohibited.

Information and Data to be Furnished to Administrative Director and Presiding Judges.

Seals of Court.

(a) Seal of the Court of Appeals.

(b) Seal of the Trial Courts.

Disposal of Money Paid to or Deposited With the Court.

Interpreter Services in Court Proceedings for Persons with Limited English Proficiency.

(a) Construction.

(b) Court System Responsibility to Pay for Interpreter Services.

(d) Court-Provided Second Interpreter at Hearings or Trial.

(e) Amount the Court System Pays.

Interpreter Services in Court Proceedings for Persons with a Physical Disability.

(a) Court Proceedings.

(b) Amount the Court System Pays.

Witness Fees.

(a) Amount.

(b) Travel Expense.

(d) Payment.

(e) Demand of Payment in Advance in Civil Cases.

(f) Parties and Attorneys as Witnesses.

Physicians’ Fees.

Health Care Provider Expert Advisory Panel Fees.

(a) Compensation by Court.

(b) Request for Compensation.

Fee Schedule.

(a) In the Supreme Court and the Court of Appeals.

(b) Filing Fees—Superior Court.

(d) Electronic Recordings and Related Fees.

(e) Miscellaneous Fees in the Superior Court and the District Court.

(f) General Provisions.

Form of Payment.

(a) Bail.

(b) Other Payments to the Court.

Exemption from Payment of Fees—Determination of Indigency.

Fees—Service of Civil Process.

Procedure for Counsel and Guardian Ad Litem Appointments at Public Expense.

(a) Intent.

(b) Appointments under AS 18.85.100(a) (Public Defender Agency).

(1) Appointment Procedure.

(2) Determination of Indigency.

(3) Assessment of Costs.

(1) Appointment Procedure.

(2) Indigency Determination.

(3) Assessment of Costs.

ALASKA COURT RULES

(d) Withdrawal from Unauthorized Appointment.

(e) Other Appointments at Public Expense.

(1) Constitutionally Required Appointments.

(2) Servicemembers Civil Relief Act.

(3) List of Private Attorneys.

(4) Appointment Orders.

(5) Compensation.

(6) Recovery of Costs.

(f) Responsibilities of Appointed Counsel.

Jury Service Fees.

Jury Selection and Service.

(a) Administration.

(b) Statewide Master Jury List.

(1) Creation of Local Lists.

(2) Community Assignments.

(3) Alternative Assignments.

(d) Term Lists, Summonses, and Questionnaires.

(e) Juror Deferrals.

(1) 10-Month Limit.

(2) Deferral as a Matter of Right.

(3) No Deferral Allowed.

(4) Deferral after Term of Service Begins.

(5) Partial Deferral for Shift Workers.

(6) Failure to Appear for Deferred Service.

(f) Juror Excusals.

(1) Temporary Excusals.

(2) Permanent Excusals.

(3) Length of Excusal after Jury Service.

(4) Exclusions List.

(g) Notice of Juror Status.

(h) Selection of Prospective Trial Jurors.

(i) Trial Jury.

(j) Juror Privacy.

(1) Court Use Only.

(2) Limited to Parties.

(3) No Disclosure.

(4) Selection Hearing Records.

(5) Attendance Records.

(k) Term of Service.

(l) Definitions.

(1) Deferral of Jury Service.

(2) Jury Summons.

(3) Jury Year.

(4) Natural Faculties.

(5) Permanent Excusals.

(6) Qualification Questionnaire.

(7) Temporary Excusal.

(8) Term List.

(9) Term of Service.

(10) Trial Jury.

(11) Trial Panel.

(12) Trial Questionnaire.

Judicial Holidays—Transaction of Business.

(a) Judicial Holidays.

(b) Holidays Falling on Sunday or Saturday.

Sessions and Offices of the Supreme Court.

RULES OF ADMINISTRATION

17.5

19.1

19.2

26.1

26.2

26.5

(a) Sessions of the Supreme Court.

(b) Offices.

Sessions and Offices of the Court of Appeals.

(a) Sessions of the Court of Appeals.

(b) Office.

Superior and District Courts—Time and Place of Sitting.

(a) Superior and District Courts—When Open for Business.

(b) Magistrate Judges—Time of Sitting—Office Hours.

Number and Location of District Court Judges and Magistrate Judges.

(a) District Court Judges.

(b) Magistrates.

Qualifications of Magistrate Judges Who Seek Appointment as District Court Judges Under AS 22.15.160(a)(2).

Deputy Magistrates.

(a) Introduction.

(b) Qualifications.

(d) Duties.

(e) Limitations on Deputy Magistrate Duty.

(f) Classification and Compensation.

Magistrate Judge Salaries.

Conduct of Proceedings.

(a) Proceedings on the Record and in Open Court.

(b) Judicial Robes.

Places for Holding Court in Time of War, Insurrection, Pestilence, or Other Public Danger.

Appointment of Former Justices and Judges to Pro Tempore Judicial Service.

(a) Appointment to Pro Tempore Judicial Service.

(1) Method of Appointment.

(2) Scope or Term of Appointment.

(b) Eligibility to Apply for Inclusion in the Administrative Director’s Pro Tempore Appointment List.

(1) Eligibility to Apply.

(2) Restoration of Eligibility.

(d) Compensation.

(e) Additional Service Credit.

(f) Private Arbitration and Mediation.

Assignment of Judicial Officers.

(a) Assignments Within Judicial Districts.

(b) Temporary Assignments in Other Judicial Districts.

(d ) Assignments of Active Judges for Pro Tempore Appellate Service.

(e) Assignments of Active Judges for Other Pro Tempore Service.

(f) Scope and Duration of Assignment.

(g) Recommendations.

(h) Definitions.

Traveling Expenses of Judicial Officers and Employees.

Power of Court to Provide Proper Facilities for Transaction of Business in Court Payment of Expenses.

Court Facilities.

Court Security.

Chief Judge of the Court of Appeals.

Presiding Judge.

Judicial Vacations and Judicial Leave.

(a) Vacation Leave.

(1) Accrual of Leave.

(2) Extraordinary Hardship Exception.

(b) Sick Leave.

AdR

ALASKA COURT RULES

(d) District Court Judges and Magistrate Judges.

(e) Discretion of Chief Justice, Chief Judge or Presiding Judge.

(f) Administrative Leave.

(g) Leave of Absence.

Trial Court Clerks—Appointment and Duties.

(a) Appointment.

(b) Powers and Duties.

Powers and Duties of Magistrate Judges in Cases Beyond Their Jurisdiction.

Additional Duties of Judicial Officers and Employees.

Magistrate Judge Training Judges.

Bonding of All Justices, Judges, Magistrate Judges, and Judicial Employees.

Electronic Recording Equipment — Official Court.

Record—Responsibility for Record.

Transcripts—Fees—Preparation.

Records Retention.

37.5 Access to Court Records.

(a) Scope and Purpose.

(b) Who Has Access to Court Records.

(d) General Access Rule.

(e) Court Records Excluded from Public Access.

(1) Case Records.

(2) Administrative Records.

(f) Obtaining Access to Public Court Records.

37.6 Prohibiting Access to Public Case Records.

(a) Limiting Access.

(b) Standard.

(d) Procedure.

37.7 Obtaining Access to Non-Public Court Records.

(a) Allowing Access to Non-Public Records.

(b) Procedure.

37.8 Electronic Case Information.

(a) Availability.

(b) Bulk Distribution of Electronic Case Information.

(d) Fees.

Reports to Bureau of Vital Statistics—Superior Courts.

(a) Divorce—Annulment—Adoption.

(b) Change of Name—Delayed Birth Certificate—Legitimation.

Vital Statistics.

Index to Cases.

Case Numbering.

Docketing. (Reserved)

Bail Forfeiture Schedules.

(a) Procedure for Adopting Bail Forfeiture Schedule.

(b) Procedures for Amending Bail Forfeiture Schedules.

43.1 Traffic Bail Forfeiture Schedule.

43.2 Fish and Game Bail Forfeiture Schedule.

43.3 Parks Bail Forfeiture Schedule.

43.4 Smoking Bail Forfeiture Schedule.

43.5 Alcohol Bail Forfeiture Schedule.

43.6 Oversize Vehicle Bail Forfeiture Schedule.

43.7 Warning Signs Bail Forfeiture Schedule. (Rescinded)

43.8 Watercraft Bail Forfeiture Schedule.

43.9 Skiing Bail Forfeiture Schedule.

43.10 Knik River Public Use Area Bail Forfeiture Schedule.

RULES OF ADMINISTRATION

43.11 Weights and Measures Bail Forfeiture Schedule.

43.12 Marijuana Bail Forfeiture Schedule

43.13 Wildland Fire Bail Forfeiture Schedule

Rulemaking.

(a) Uniform Policy.

(b) Request for Rulemaking.

(d) Minor Change.

(e) Major Change.

(f) Public Information.

(g) Standing Rules Committees.

(h) Appointment.

(i) Emergency Rule Action.

(j) Effective Date.

Concurrent Jurisdiction.

(a) Mandatory Filing.

(b) Amount in Controversy.

(d) Transfer or Retention by Superior Court.

(e) Criminal Cases Unaffected.

Special Orders of the Supreme Court and Court of Appeals and Presiding Judge Orders.

(a) Judicial Administrative Orders.

(b) Uniformity Required.

(1) Rules.

(2) Judicial Administrative Orders.

(3) Local Form Orders.

(d) Sanctions.

(e) Adoption.

(1) Filing.

(2) Review.

(3) Supreme Court.

(4) Distribution.

(5) Sunset Review.

(f) Local Form Orders.

Contract Claims Against the Alaska Court System.

(a) Claim Procedure Mandatory.

(b) Presentation of Claim to Deputy Administrative Director.

(d) Pre Hearing Procedures.

(e) Hearing Procedure.

(f) Decision.

Telephonic Hearing Costs.

Municipal Citations.

Use of Cameras and Electronic Devices in Court Facilities.

(a) General Provisions.

(b) In the Courtroom.

(d) Local Procedure.

(e) Reconsideration of Trial Court Denial of Request to Use Cameras and Electronic Devices.

(f) Coverage of Oral Argument in the Supreme Court and Court of Appeals.

Title.

AdR

*Editor’s Note: These Administrative Rules were rescinded and repromulgated by

Supreme Court Order 412 effective July 1, 1980.

ALASKA COURT RULES

Rule 1.

Administrative Director of Courts—Duties.

ment of the judicial systems; and

There shall be an administrative director of courts who

shall, under policy guidelines provided by the supreme court:

(n) Be legal advisor for the chief justice and the supreme

court in all legal matters not adjudicatory in nature, such as:

(a) Supervise the administrative operation of the judicial

system;

(1) Preparation of memoranda on statutes which may

affect the judiciary;

(b) Establish the administrative methods and systems to

be employed in the offices of the clerks and other offices of the

courts;

(2) Drafting of rules of practice, procedure and

administration;

methods and systems in use and make recommendations to the

chief justice for the improvement of such administrative

methods and systems;

(d) Establish a system of prescribed accounting practices

for all courts including uniform procedures, consistent with

existing law, for calculating interest on judgments and

allocating payments to costs, interest, and principal;

(e) Examine the state of the calendars of all courts,

determine the need for assistance by any court and confer with

the justices and judges on the status of their calendars and

administrative matters;

(f) When authorized by the chief justice, make

assignments of judges to other judicial districts where the

courts are in need of assistance and where the judge consents

to the assignment;

(g) When directed by the supreme court, prescribe

methods for the assignment and calendaring of cases in the

superior or district court in any court location;

(h) Collect and compile statistical and other data and

transmit copies of the same to the supreme court to the end that

proper action may be taken in respect thereto;

(i) Prepare budget estimates of state appropriations

necessary for the maintenance and operation of the judicial

system and submit the budget request, as approved by the

supreme court, to the legislature;

(j) Draw all requisitions requiring the payment of state

monies appropriated for the maintenance and operation of the

judicial system;

(k) Collect statistical and other data and make reports

relating to the expenditure of public monies for the

maintenance and operation of the judicial system and the

offices connected therewith;

(l) Obtain reports from presiding judges, area court

administrators, and clerks of court in accordance with the

requirements of the supreme court on cases and other judicial

business in which action has been delayed beyond periods of

time specified by law or rules of court and make report thereof

to the chief justice and the supreme court;

(m) Formulate and submit to the chief justice and the

supreme court recommendations of policies for the improve-

(3) Conducting and supervising research on procedure

and court administration;

(4) Instruction of court personnel concerning rules or

statutes governing ministerial and other non-adjudicatory

duties;

(5) Preparing of syllabi for the basic legal instruction of

magistrate judges and other lay personnel;

(6) Providing for the publication, annotation and editing

of revisions and supplements to the Alaska Rules of Court; and

(7) Rendering legal opinions in any non-adjudicatory

matters as directed from time to time by the chief justice.

(o) Adopt and publish procedures to govern the

procurement of supplies, services, professional services, and

construction by the judicial branch.

(p) Attend to such other matters as may be assigned by

the chief justice.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 554 effective April 4, 1983; by SCO 802 effective nunc

pro tunc July 1, 1985; by SCO 1153 effective July 15, 1994; by

SCO 1494 effective September 19, 2002; and by SCO 1829

effective October 15, 2014)

Cross References

CROSS REFERENCE: Administrative Bulletin 68 (Calculation of

Interest on Judgments and Allocation of Payment to Costs, Interest and

Principal); Court Form ADM-505 (How to Determine Pre- and PostJudgment Interest Rates).

Rule 2.

Appointment and Compensation of

Employees—Practice of Law by

Personnel Prohibited.

(a) The administrative director shall promulgate

personnel rules governing all personnel employed by the

Alaska Court System. No employee may be exempt from the

personnel rules except as specifically set forth in those rules.

The personnel rules have the same force and effect as a rule of

administration.

(b) The administrative director shall receive an annual

compensation in an amount equal to $2,000.00 less than the

annual compensation provided by law for a justice of the

Alaska Supreme Court. Employees in the partially exempt and

classified service are entitled to receive compensation in

accordance with the salary and classification plan adopted by

ALASKA COURT RULES

the administrative director under the personnel rules. The

administrative director with the approval of the chief justice

shall appoint and fix the compensation of such assistants as are

necessary to the exercise and performance of the powers and

duties vested in the administrative director.

Rule 4.

without the prior approval of the administrative director of the

Court System or the administrative director’s designee nor may

an employee be hired except in accordance with the personnel

rules.

(a) Seal of the Court of Appeals. The seal of the court

of appeals is a vignette of the official flag of the state with the

words “Seal of the Court of Appeals of the State of Alaska”

surrounding the vignette.

(d) During the term of office or employment, neither the

administrative director nor any other employee of the Alaska

Court System may engage directly or indirectly in the practice

of law in any of the courts of this state.

(b) Seal of the Trial Courts. The seal for the superior

and district courts is a vignette of the official flag of the state

with the words “Seal of the Trial Courts of the State of Alaska”

surrounding the vignette.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1153 effective July 15, 1994; and by SCO 1502 effective

February 7, 2003)

is no clerk, the judge or magistrate judge, shall keep possession

of the physical seal of the court. The seal of the court may be

applied manually or programmed to appear on court-generated

documents automatically.

Rule 3.

Information and Data to Be Furnished to

Administrative Director and Presiding

Judges.

(a) Justices, judges, masters, magistrate judges, clerks of

the courts, and all other officers and employees of the court

system shall comply with all requests made by the

administrative director for information and statistical data

concerning cases of such courts and such other information as

may reflect the business transacted by them.

(b) The court system shall maintain a current list of all

matters under advisement in the superior and district courts in

each judicial district. The clerk of the appellate courts shall

maintain a list of all matters under advisement in the supreme

court and the court of appeals. Such lists shall contain the

following information:

(1) The name of the justice, judge, magistrate judge, or

master having such matter under advisement;

(2) The date upon which each matter was referred to the

justice, judge, or magistrate judge for decision or, in the case

of a master, for preparation of report;

(3) The nature of the matter under advisement;

April 4, 1983; by SCO 629 effective September 15, 1985; by

SCO 1153 effective July 15, 1994; by SCO 1829 effective

October 15, 2014; and by SCO 1873 effective April 27, 2016)

Seals of Court.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 1829 effective

October 15, 2014; and by SCO 1890 effective October 15,

2016)

Rule 5.

Disposal of Money Paid to or Deposited

With the Court.

(a) The administrative director shall designate, in

accordance with written procedures established by the

administrative director, the banking institutions to serve as

depositories for all monies paid to, or deposited with, the

courts. Certain accounts in the designated banks shall be the

depositories for trust funds held by the various courts. Monies

may be withdrawn from the accounts in accordance with

procedures established by the administrative director.

(b) The proceeds of all fees, forfeitures, penalties and all

other monies (except trust funds) collected by or deposited

with the courts shall be deposited in the appropriate bank

account for transfer to the general fund of the state in

accordance with procedures established by the administrative

director.

(4) The title of the action; and

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1153 effective July 15, 1994)

(5) The case number.

Rule 6.

who may appear on the list and to the administrators and court

staff designated by the administrative director.

(d) Superior court, district court, and magistrate judges

who disqualify themselves for cause shall set forth the specific

reasons for the disqualification in writing and send the

statement to their presiding judge.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 554 effective

Interpreter Services in Court Proceedings

for Persons with Limited English Proficiency.

(a) Construction. This rule shall be liberally construed

and applied to promote meaningful participation in court

proceedings, consistent with due process, by persons with

limited English proficiency. A limited English proficient (LEP)

person is someone who speaks a language other than English

as his or her primary language and has a limited ability to read,

speak, or understand English.

ALASKA COURT RULES

(b) Court System Responsibility to Pay for Interpreter Services. The court system will provide and pay for the

necessary services of an interpreter during proceedings in court

for all parties, witnesses, and victims with limited English

proficiency in all cases and for other individuals with limited

English proficiency as follows:

(1) for the parents or guardian of the juvenile in

delinquency proceedings, and

(2) for the tribal representatives, foster parents, out-ofhome care providers, or grandparents in child-in-need-of-aid

proceedings.

provided in-person, telephonically, or by video depending on

the availability of qualified interpreters, the court location, and

the length of the proceeding.

(d) Court-Provided Second Interpreter at Hearings or

Trial. To prevent interpreter fatigue and ensure effective

communication, the court system may, in its discretion,

provide and pay for the services of a second, qualified

interpreter at any hearing or trial that exceeds two hours. A

court-provided “proceedings” interpreter may, upon request,

interpret confidential communications between an LEP

individual and his or her attorney during the course of a

hearing or trial. If an LEP party desires a separate “table”

interpreter to sit at counsel table to facilitate confidential

attorney-client communications, the party must provide and

pay for that interpreter.

(e) Amount the Court System Pays. When the court

system provides and pays for interpreter services, the rate or

fee paid is set by Administrative Bulletin 82.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 469 effective June 1, 1981; by SCO 816 effective August

1, 1987; by SCO 1134 effective July 15, 1993; by SCO 1182

effective July 15, 1995; by SCO 1280 effective January 15,

1998; by SCO 1390 effective nunc pro tunc to January 1, 2000;

by SCO 1503 effective nunc pro tunc to January 1, 2003;

rescinded and readopted by SCO 1796 effective July 1, 2013;

amended by SCO 1817 effective November 22, 2013; and by

SCO 1896 effective October 15, 2016)

Notes: This rule does not limit a judicial officer’s authority

under Civil Rule 95 to order a party to pay the costs of

interpreter services as a sanction for violation of Civil Rule 11.

An individual who is eligible to receive a court-provided

interpreter under this rule should request interpreter services as

early as possible in the case by filing a notice or otherwise

notifying the local clerk of court. The court system’s

Interpreter Services Coordinator is available to assist any

agency, attorney, or litigant to locate a qualified language

interpreter or translator to provide language services remotely

or on-site. The Interpreter Services Coordinator can be

reached at interpreters@akcourts.us.

Rule 6.1. Interpreter Services in Court Proceedings

for Persons with a Physical Disability.

(a) Court Proceedings. The court system will provide

and pay for interpreter services during proceedings in court in

civil and criminal cases where a party or witness is deaf, mute,

or otherwise unable to effectively communicate because of a

physical disability.

(b) Amount the Court System Pays. The rate or fee the

court system pays for interpreter services is set by

Administrative Bulletin 82.

(Adopted by SCO 1796 effective July 1, 2013)

Note: This rule does not limit a judicial officer’s authority

under Civil Rule 95 to order a party to pay the costs of

interpreter services as a sanction for violation of Civil Rule 11.

Rule 7.

Witness Fees.

(a) Amount. A witness attending before any court,

referee, master, grand jury or coroner’s jury or upon a

deposition in a discovery proceeding, whose testimony is

necessary and material to the action, shall receive a witness fee

of $12.50 if such attendance, including the time necessarily

occupied in traveling from the witness’ residence to the place

of attendance and returning from that place, requires not more

than three consecutive hours. If such attendance requires more

than three consecutive hours, the witness shall receive a

witness fee of $25.00 for each day of attendance. Any witness

who attends at a point so far removed from the witness’

residence as to necessarily prohibit return thereto from day-today shall receive per diem at the rate allowed for state

employees.

(b) Travel Expense. Every witness who is required to

travel in excess of 30 miles from the witness’ residence is

entitled to receive reimbursement for round-trip travel from the

witness’ residence to the place of court at the rate allowed for

state employees.

called to testify as an expert is limited to the time when the

expert is employed and testifying and shall not exceed $150.00

per hour, except as otherwise provided in these rules. A party

may not recover costs for more than three independent expert

witnesses as to the same issue in any given case, unless the

judge permits recovery for an additional number of expert

witnesses. For purposes of this rule, an independent expert is a

witness who is retained or specially employed to provide

expert testimony in the case or whose duties as an employee of

the party regularly involve giving expert testimony.

(d) Payment. Witness fees, travel expense and per diem

shall be paid from the appropriation to the judiciary only for

witnesses called or appointed by the court or in coroner’s

cases. In all other cases, these fees and expenses shall be paid

by the parties, and in civil cases, shall be taxed and collected as

other costs.

ALASKA COURT RULES

(e) Demand of Payment in Advance in Civil Cases.

Witnesses in civil cases, except when subpoenaed by the state,

a municipality, a borough, a city, or an officer or agency

thereof, may demand the payment in advance of their travel

expense and their per diem fee for one day, and when so

demanded shall not be compelled to attend until the allowances

are paid.

(f) Parties and Attorneys as Witnesses. A party to the

action or hearing, if a witness, is entitled to receive the same

witness fees, per diem and travel expense as any other witness.

A person appearing as an attorney for any party to an action or

hearing, who also testifies as a witness therein, is not entitled

to receive any witness fee, per diem or travel expenses.

necessary actual expenses other than transportation expenses

exceed this hourly rate, the panel member will be compensated

for reasonable and necessary actual expenses in lieu of the

hourly compensation. Panel members are not entitled to

compensation from the court for any professional fees for

service on the panel.

(b) Request for Compensation. In order to qualify for

reimbursement, a panel member must submit to the trial court

within thirty days after the submission of the expert report a

written request for reimbursement which specifies by date and

by nature of the item any transportation expenses, time spent

preparing the report, and, if reimbursement for actual expenses

is sought, all expenses. Claims for reimbursement must be

submitted for approval to the assigned judge and are subject to

final approval by the administrative director.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 559 effective May 2, 1983; by SCO 791 effective March

15, 1987; by SCO 1153 effective July 15, 1994; by SCO 1172

effective July 15, 1995; and by SCO 1492 effective October

15, 2002)

Rule 9.

Rule 8.

The fees specified in this rule shall be charged for the services

designated as follows:

Physicians’ Fees.

Physicians shall be allowed a reasonable fee for

performing the following services:

(a) An examination under order of court pursuant to AS

47.30.700 or such other examination as may be ordered by the

court upon its own motion;

(b) Giving medical expert testimony at a hearing when

ordered by the court in relation to such examination or in

relation to an autopsy or post mortem examination ordered

pursuant to AS 12.65.020.

Fees for such services shall be paid from funds

appropriated to the judiciary. Claims for compensation shall be

submitted for approval to the judicial officer ordering the

examination or testimony, subject to final approval by the

administrative director. In all other cases, physicians’ fees shall

be paid by the requesting party or parties.

The administrative director may authorize a fee under (a)

of this rule to be computed other than on an hourly basis,

provided that such computation results in a fee that is

substantially the same as if computed hourly.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 813 effective August 1, 1987)

Rule 8.1. Health Care Provider Expert Advisory

Panel Fees.

(a) Compensation by Court. Expert advisory panel

members appointed pursuant to AS 09.55.536 will be

reimbursed by the court for the reasonable expenses of

transportation outside the panel member’s city of residence

which are necessary for the preparation of the panel’s report.

Panel members will be reimbursed for other expenses of

preparing their report at the rate of $18.00 per hour, not to

exceed $90.00 per day. If the panel member’s reasonable and

(Adopted by SCO 814 effective August 1, 1987)

Fee Schedule.

(a) In the Supreme Court and the Court of Appeals:

(1) Filing Fees:

(A) Upon filing a written notice of appeal or

cross-appeal (Appellate Rule 204(b) or Rule 215(b)) $250.00

(B) Upon filing a petition for review or crosspetition for review (Appellate Rule 403(a))

250.00

Rule 404)

250.00

(D) Upon filing a petition for hearing (Appellate

Rule 303)

250.00

(E) There shall be no filing fee charged to a person for

filing a written notice of appeal or a petition for review of a

decision involving a claim for benefits under AS 23.20

(Employment Security Act).

(2) Miscellaneous Fees:

(A) For preparation of case record for review by

the Supreme Court of the United States,

200.00

(B) For copies of documents on file with the

supreme court or the court of appeals, paragraph

(e)(1) of this rule applies.

5.00

(D) Paragraphs (e)(2) and (e)(4) of this rule apply

to certification and notary public services in the

appellate courts.

(b) Filing Fees—Superior Court:

(1) Upon filing any civil case, including a

petition for deposition before action

250.00

ALASKA COURT RULES

(5) Upon filing an action to enjoin or enforce

orders of the Alaska Worker’s Compensation Board

250.00

(2) For probate matters:

(A) Upon filing a trust or estate action other than

the registration or deposit of a will or trust document 250.00

(B) For depositing a will with the court for

safekeeping

50.00

No fee will be charged if the will of a protected person or

ward is deposited by the guardian or conservator pursuant to

AS 13.26.545(e) after the death of the protected person or

ward.

50.00

(D) Upon filing a petition for court approval of a

minor’s settlement, when it involves opening a new

file

100.00

(6) There shall be no fee for filing an action for

review of a decision by the Department of Labor

under AS 23.20 (Employment Security Act).

(7) Upon filing an appeal, cross-appeal, petition

for review, or cross-petition for review from an

administrative order (AS 44.62.560)

250.00

(8) There shall be no fee for filing a complaint

or comparable pleading under the Uniform Interstate

Family Support Act.

(9) There shall be no fee for filing a petition for

a domestic violence, stalking, or sexual assault

protective order.

(10) Upon filing a petition for change of name

200.00

If the petitioner seeks to change the name of more than one

family member at the same time, only one filing fee will be

charged even though a separate petition must be filed for each

person who is requesting a change of name under Civil Rule

84.

(E) There shall be no fee for filing a petition for

appointment of a temporary property custodian under

AS 22.15.110(a)(3).

(F) There shall be no fee for lodging a

temporary property custodian affidavit and inventory.

(G) Upon filing any guardianship, conservatorship or other protective proceedings to include all

services

150.00

(11) For a motion to modify a final Alaska court order or

decree awarding child custody, visitation, or support, or

awarding spousal maintenance or allocation property

75.00

Except there is no fee for filing a stipulated motion to

Except:

modify

(i) If a petitioner seeks appointment of a guardian or

conservator or files another protective proceeding for more

than one child at the same time, only one filing fee will be

charged even though a separate petition must be filed for each

child;

(12) Foreign Orders – Orders Issued by Another State,

Country, or a Tribe:

(ii) there shall be no fee for filing a petition for an ex parte

protective order under AS 13.26.450, an application for a

temporary order under AS 13.26.455, or for modification of a

protective order under AS 13.26.460(a); and

(i) Registration of a foreign adoption order

(iii) there shall be no fee for filing an acceptance of

testamentary guardianship appointment, which opens a

guardianship case.

(H) There shall be no fee for filing a petition for

involuntary mental or alcohol commitment.

(3) Upon filing of an adoption proceeding

100.00

If the petitioner seeks to adopt more than one child at the

same time, only one filing fee will be charged even though a

separate petition must be filed for each child.

(4) Upon filing an appeal, including a sentence

appeal, cross-appeal, petition for review, or crosspetition for review from district court

250.00

Except for any similar appeal from small

claims court

100.00

(A) Registration of a foreign order

150.00

Except the following:

50.00

(ii) Filing of ancillary probate letters from a foreign

court under AS 13.21.030

50.00

(iii) Registration

conservatorship order

foreign

guardianship/

50.00

(iv) Registration of a foreign protective order no fee

(v) Registration of a foreign support order as

provided in paragraph (b)(8).

no fee

(vi) Registration under Child in Need of Aid Rule

24 of a tribal court order issued under the Indian Child Welfare

Act

no fee

(B) Motion to modify a foreign order or decree

awarding child custody or visitation

75.00

Except there is no fee for filing a stipulated motion to modify.

100.00

(D) There is no fee for enforcement of a registered

order or a motion to modify a registered support order as

provided in paragraph (b)(8).

ALASKA COURT RULES

(c)

Filing Fees — District Court:

(1) Filing fees, district court jurisdiction

150.00

free certified copy of a clerk’s certificate of name change

under Civil Rule 84(c).

(2) Filing fees, small claims actions, claim for

relief

(A) $2,500 or less

50.00

(B) more than $2,500

100.00

No additional filing fee is due when a small claims case is

removed to district or superior court.

(3) There shall be no fee for filing a petition for

a domestic violence, stalking, or sexual assault

protective order.

(5) For providing in writing requested

information from search of records, per hour or

fraction thereof

5.00

A party requesting service of process by certified or

registered mail must supply an addressed envelope, adequate

postage, and appropriate postal forms.

20.00

(2) For recording depositions with court

recording equipment, per hour, or fraction thereof

25.00

Miscellaneous Fees in the Superior Court and

the District Court:

Copying.

For photocopying or making copies from microfiche or

microfilm, the cost is

(A) For a single document or portion of a

document

5.00

(B) If copies of multiple documents are

requested at the same time, for each additional

document (after the first)

3.00

(2) Certification.

A court can certify a copy of a document only if the

original of the document is on file with the court. The cost of

photocopying the document is included in the certification

costs given below. For certifying a copy of any document, the

cost is:

(B) For each additional certified copy of the

document requested at the same time

30.00

(B) By registered mail (postage provided by party) 10.00

Electronic Recordings and Related Fees:

(A) Each document

5.00

(A) By certified mail (postage provided by party)

(1) For electronic recordings, other than

electronic recordings of sentencing proceedings

provided pursuant to Criminal Rule 32.2(d), each

recording

(1)

(4) For notary public services

(6) For service of process by the court:

(5) There shall be no fee for filing a criminal,

alcohol underage, or minor offense action.

(e)

15.00

This fee shall not apply to notary services on documents

which are to be filed in a pending action or which are related

to official court business.

(4) There shall be no fee for filing a

presumptive death petition.

(d)

(3) For issuing exemplifications

10.00

3.00

However, a party is entitled to receive one free certified

copy of the final judgment or order in the party’s case and one

(7) For issuing marriage license

60.00

(8) For performing marriage ceremony

25.00

(9) Marriage commissioner fee

25.00

(10) For issuing writ of execution

25.00

Except there shall be no fee charged if the writ of

execution is to enforce restitution for a victim proceeding

without assistance from the court system’s collections unit

under Criminal Rule 32.6(f) or Delinquency Rule 23.2(f).

(f)

General Provisions:

(1)

No filing, writ, certifying, or copying fee will be

charged to any person determined to be indigent under

Administrative Rule 10.

(2)

No filing, writ, certifying, mail process, or research

fees will be charged to any agency of the State of Alaska. State

agencies will not be charged copying fees except for copies of

law library materials.

(3)

Notarization required in an action by a person

represented in such action by an attorney furnished to the

person by an organization authorized to provide legal services

to indigents is exempted from notary public fees provided

under this schedule.

(4)

A civil action or proceeding may be accepted for

filing at the time of or prior to payment of the filing fee in the

amount prescribed by this rule. The clerk may not issue a

summons or otherwise proceed with the case until the filing fee

is paid or the court grants a filing fee waiver. The civil case or

proceeding will be dismissed without prejudice and without

notice if, within 30 days from the date of filing, the filing fee

has not been paid or a fee waiver has not been requested.

Further or additional court fees may be charged only as

specified in this rule.

ALASKA COURT RULES

(5)

The fee for performance of a marriage ceremony

shall be retained by the marriage commissioner as

compensation for that service. A judicial officer or employee

appointed as marriage commissioner shall deposit such fee in

accordance with Administrative Rule 5(b).

effective August 10, 2016; SCO 1909 effective June 21, 2017;

SCO 1918 effective January 1, 2018; by SCO 1921 March 21,

2018 and by SCO 1959 effective May 14, 2020; by SCO 1982

effective June 1, 2022; by SCO 2003 effective May 1, 2023;

and by SCO 2008 effective nunc pro tunc May 1, 2023)

(6)

The administrative director may, by administrative

bulletin, exempt particular categories of parties from any fees

specified in subsections (d) and (e). The administrative director

may also enter into special payment agreements for subsection

(d) and (e) fees with government agencies or other entities.

Note: In 1996, the legislature enacted AS 18.66.160(c),

which prohibits anyone from charging a fee for service of

process in a proceeding to obtain a domestic violence

protective order. According to § 76, ch. 64 SLA 1996, this

statute has the effect of amending Administrative rule 9(e)(6).

(7)

A convenience fee may be assessed for payments

made by credit or debit card. The administrative director may,

by administrative bulletin, determine the categories of charges

that may be paid by credit or debit card, the types of credit and

debit cards that can be accepted for payment, whether a

convenience fee should be assessed, and the amount of the

convenience fee considering the processing costs.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 423 effective September 1, 1980; by SCO 424 effective

July 1, 1980; by SCO 443 effective November 13, 1980; by

SCO 464 effective July 1, 1981; by SCO 472 effective June 1,

1981; by SCO 475 effective August 17, 1981; by SCO 482

effective September 1, 1981; by SCO 485 effective October 5,

1981; by SCO 490 effective January 4, 1982; by SCO 524

effective September 1, 1982; by SCO 525 effective September

1, 1982; by SCO 560 effective May 2, 1983; by SCO 648

effective July 1, 1985; by SCO 657 effective December 15,

1985; by SCO 692 effective July 1, 1986; by SCO 747

effective December 15, 1986; by SCO 749 effective December

15, 1986; by SCO 756 effective December 15, 1986; by SCO

779 effective March 15, 1987; by SCO 785 effective March

15, 1987; by SCO 843 effective June 24, 1987; by SCO 887

effective July 15, 1988; by SCO 888 effective July 15, 1988;

by SCO 940 effective January 15, 1989; by SCO 947 effective

October 17, 1988; by SCO 986 effective August 1, 1989; by

SCO 1001 effective January 15, 1990; by SCO 1002 effective

January 15, 1990; by SCO 1031 effective July 15, 1990; by

SCO 1056 effective July 15, 1991; by SCO 1059 effective July

15, 1991; by SCO 1111 effective nunc pro tunc July 27, 1992;

by SCO 1129 effective July 15, 1993; by SCO 1133 effective

July 15, 1993; by SCO 1140 effective July 1, 1993; by SCO

1153 effective July 15, 1994; by SCO 1164 effective July 15,

1994; by SCO 1201 effective July 15, 1995; by SCO 1214

effective July 15, 1995; by SCO 1261 effective September 26,

1996; by SCO 1268, 1269 and 1275 effective July 15, 1997; by

SCO 1279 effective July 31, 1997; by SCO 1292 effective

January 15, 1998; by SCO 1300 effective October 29, 1997; by

SCO 1416 effective November 1, 2000; by SCO 1515 effective

July 1, 2003; by SCO 1555 effective October 15, 2004; by

SCO 1558 effective nunc pro tunc to August 1, 2004; by SCO

1535 effective April 15, 2005; by SCO 1605 effective October

15, 2006; by SCO 1623 effective October 15, 2006; by SCO

1630 effective April 16, 2007; by SCO 1650 effective October

15, 2007; by SCO 1656 effective April 15, 2008; by SCO 1741

effective August 1, 2010; by SCO 1787 effective July 1, 2012;

by SCO 1793 effective nunc pro tunc September 4, 2012; by

SCO 1795 effective nunc pro tunc September 4, 2012; by SCO

1829 effective October 15, 2014; SCO 1861 effective August

1, 2015; by SCO 1867 effective August 15, 2015; SCO 1893

Note: Chapter 87 SLA 03 (HB 1) enacted AS 18.65.865(b),

which addresses fees for filing petitions for protective orders

under AS 18.65.850-860 for persons who are victims of

stalking not involving domestic violence. According to

Section 8(a) of the Act, the new AS 18.65.865 has the effect of

amending Administrative Rule 9 by providing that filing fees

may not be charged in any action seeking only the relief

provided in AS 18.65.850-860.

Note: Chapter 71 SLA 2012 (SB 86) added new sections to

AS 13.26 relating to the protection of vulnerable adults,

effective July 1, 2012. According to section 48(b) of the Act,

AS 13.26.209(h), enacted by section 10, has the effect of

amending Alaska Rule of Administration 9, by requiring that

filling fees may not be charged for a petition for an ex parte

protective order under AS 13.26.207, for an application for a

temporary order under AS 13.26.208, or for modification of a

protective order under AS 13.26.209(a). (In 2016, the

legislature renumbered AS 13.26.207 - .209 to AS 13.26.450 .460.)

Rule 9.1.

Form of Payment.

(a)

Bail. Bail for criminal offenses may be posted in

cash, through a surety as authorized by law, or in another form

of payment authorized by the court in the case.

(b)

Other Payments to the Court. Unless otherwise

ordered by the court in the case, other payments to the court,

including but not limited to fines, bail forfeiture amounts

authorized by supreme court order, appellate bonds, filing fees

and other court fees, may be paid by cash, certified check,

cashier’s check, money order, traveler’s check or personal

check.

(c)

Other Forms of Payment. The administrative

director may authorize other forms of payment in specific

court locations. In these locations, bail and other payments

may be paid in the forms authorized by the administrative

director and the forms listed in (a) or (b) above unless

otherwise ordered by the court.

(Adopted by SCO 1065 effective July 15, 1991; and by SCO

1959 effective May 14, 2020)

Rule 10.

Exemption from Payment of Fees—

Determination of Indigency.

(a) The determination of a person’s indigency for

purposes of exemption from payment of fees under Rule

ALASKA COURT RULES

9(f)(1) shall be made by the court in which the action is filed

as soon as practicable after the date the action is filed, but in no

event more than 60 days after that date.

(b) A person who requests an exemption of fees shall file

an indigency statement on a form prescribed by the

administrative director of courts, except that a person

represented by an attorney furnished by the Alaska Legal

Services Corporation, the Alaska Pro Bono Program, the

Alaska Network on Domestic Violence and Sexual Assault Pro

Bono Program, or the Cook Inlet Tribal Council need not file

such a form.

subparagraph (b) of this rule, or is represented by an attorney

furnished by the Alaska Legal Services Corporation, the

Alaska Pro Bono Program, the Alaska Network on Domestic

Violence and Sexual Assault Pro Bono Program, or the Cook

Inlet Tribal Council, the clerk or magistrate judge shall accept

the pleadings for filing without payment of the filing fee.

(d) If the court finds that the person is not indigent, it

shall order the person to pay the filing fee. The court may

continue the action until such payment is made. If payment is

not made within 30 days after notice of the order, the court

may dismiss the action.

(e) The provisions of this rule do not apply to an

exemption from payment of filing fees in litigation against the

state. In this paragraph, “litigation against the state” has the

meaning given in AS 09.19.100.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 888 effective July 15, 1988; by SCO 908 effective

January 15, 1989; by SCO 1237 effective July 15, 1996; by

SCO 1357 effective July 21, 1999; by SCO 1790 effective

October 15, 2012; by SCO 1829 effective October 15, 2014;

and SCO 2047 effective June 24, 2026)

Note to SCO 1237: Administrative Rule 10(e) was added

by ch. 79 § 16 SLA 1995. Section 1 of this order is adopted for

the sole reason that the legislature has mandated the

amendment.

Note: Section 3 of chapter 95 SLA 1998 amends the

definition of prisoner litigation against the state that appears in

AS 09.19.100(1). According to section 14 of the act, this

amendment has the effect of changing Administrative Rule

10(e) “by expanding the definition of ‘litigation against the

state’ so that it has the meaning given in AS 09.19.100 as

amended by sec. 3 of this Act.”

Rule 11.

Fees—Service of Civil Process.

(ii) For service of any warrant, attachment, notice of

levy, intent to levy or garnishment, execution or

other writ—each person on whom service is

made

45.00

(iii) For each hour in excess of two actually and

necessarily spent to obtain service under (i) or

(ii) above

30.00

(iv) If more than one document involving the same

case is given to the same individual at the same

time only one fee shall be charged

(2) Sales of Property Pursuant to Final Process:

For advertising and disposing of property by

sale, set-off, or otherwise, according to law,

pursuant to a writ of possession, partition,

execution, or any final process and for receiving

and paying over money on account of property

sold—on any sum not exceeding five hundred

dollars

Seven percent

And on any excess over five hundred dollars

and not exceeding ten thousand dollars

Four percent

And on any excess over ten thousand dollars

and not exceeding fifty thousand dollars

Two and one-half percent

And on any excess over fifty thousand dollars

One and one-quarter percent

provided, that when the officer disposes of property by

sale, set-off, or otherwise, according to law, but does not

receive and pay over money on account of such sale, the

officer shall receive one-half of the commission allowed

in this subdivision.

(3) Deeds:

For executing a deed prepared by a party or a

party’s attorney

10.00

(4) Copies:

For copies of writs or papers furnished at the request of

any party:

First page or fraction thereof

1.00

Each additional page or fraction thereof

.25

(5) Inventories:

(a) The following schedule establishes the maximum

amount recoverable from another party as costs for the services

designated.

(1) Service of Process:

(i) For service of any summons or subpoena—each

person on whom service is made

$45.00

For making inventory of unclaimed property for

each hour actually and necessarily spent

10.00

(6) Keeping Personal Property:

For keeping of personal property attached on mesne

process, such compensation as the court, on petition

setting forth the facts under oath, may allow.

ALASKA COURT RULES

(7) Mileage:

For mileage actually and necessarily traveled in

going to serve, and in returning from the place

of service, of any process described in

paragraph (1) above, whether or not service was

obtained, for the first 25 total miles or any

portion thereof

20.00

And for each mile in excess of 25 actually and

necessarily traveled

the rate

allowed for

state employees*

(A) When a person is entitled to counsel under AS

18.85.100(a), appointments shall be made first to the public

defender agency. If the agency files a motion to withdraw on

the grounds that it cannot represent the person because of a

conflict of interest, if the parties stipulate on the record that

the agency has a conflict of interest, or if the court on its own

motion finds an obvious conflict of interest, the court

accepting such motion or stipulation or making such finding

shall appoint the office of public advocacy to provide counsel.

(B) The court may appoint an attorney in a case in which

the office of public advocacy has been appointed only if:

(8) No fee shall be charged under this schedule for any service

rendered to the state or any agency or department thereof

(i) The office of public advocacy has shown that it is

unable to provide counsel either by staff or by contract; and

(9) Fee paid to the court under Rule 9(e)(10) for

issuing a writ of execution:

(ii) The office of public advocacy has provided the court

with the name or names of the attorneys who shall be

appointed in that particular case.

25.00

(b) All service of civil process and duties ancillary

thereto under the Rules of Civil Procedure and applicable

statutes shall be performed by private persons appointed under

Civil Rule 4(c)(1), (4)(c)(3) or 4(c)(4), or by persons

authorized by Civil Rule 45(c); provided, that a member of the

Alaska State Troopers or other peace officer may render

assistance to a process server as provided in Civil Rule 4(c)(3)

or serve any process when directed to do so by the

Commissioner of Public Safety. In this paragraph, “civil

process” includes any summons, subpoena, attachment, notice

of levy, intent to levy or garnishment, execution, or other writ

in a civil action, but does not include any process, civil or

criminal, served on behalf of the state for any department or

agency thereof.

* The allowable mileage rate for reimbursing state employees

for approved travel in privately-owned vehicles may be found

on the court website at:

http://www. courts.alaska.gov /faq.htm#mileage.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 526 effective October 1, 1982; by SCO 527 effective

October 1, 1982; by SCO 548 effective February 1, 1983; by

SCO 549 effective February 1, 1983; by SCO 588 effective

January 1, 1984; by SCO 592 effective July 1, 1984; by SCO

815 effective August 1, 1987; by SCO 1071 effective July 15,

1991; by SCO 1153 effective July 15, 1994; by SCO 1400

effective October 15, 2000; by SCO 1653 effective April 15,

2008; and by SCO 1867 effective August 15, 2015)

Rule 12.

Procedure for Counsel and Guardian Ad

Litem Appointments at Public Expense.

(a) Intent. The court shall appoint counsel or a guardian

ad litem only when the court specifically determines that the

appointment is clearly authorized by law or rule, and that the

person for whom the appointment is made is financially

eligible for an appointment at public expense.

(b) Appointments under AS 18.85.100 (a) (Public

Defender Agency).

(1) Appointment Procedure.

The office of public advocacy shall be responsible for

compensating any attorney appointed under this subparagraph.

July 1, 1984, by attorneys appointed by the court shall be

submitted to the director of the office of public advocacy,

under such procedures as the director may prescribe. The

director shall approve, modify or disapprove the claim.

(2) Determination of Indigency. Determination of

indigency or financial inability for appointments under

paragraph (b) of this rule must be made in accordance with the

provisions of Criminal Rule 39.

(3) Assessment of Costs. When counsel is appointed for

a child when the child’s parents or custodian are financially

able but refuse to employ counsel to assist the child, the court

may, when appropriate, assess as costs against the parents,

guardian or custodian the cost to the state of providing

counsel.

Public Advocacy).

(1) Appointment Procedure. When a person qualifies for

counsel or guardian ad litem services under AS 44.21.410, the

court shall appoint the office of public advocacy. The court in

its order appointing the office of public advocacy must state

the authority for the appointment. In the case of a

discretionary appointment, the court must give specific

reasons for the appointment. In the case of a guardian ad litem

appointment, the court shall limit the appointment to the

pendency of the proceedings affecting the child’s welfare,

shall outline the guardian ad litem’s responsibilities, and shall

limit the guardian’s authority to those matters related to the

guardian’s effective representation of the minor’s best

interests.

(2) Indigency Determination. For appointments of the

office of public advocacy under this rule, other than an

appointment required because of a conflict of interest with the

public defender agency, a person is indigent if the person’s

income does not exceed the maximum annual income level

ALASKA COURT RULES

established to determine eligibility for representation by the

Alaska Legal Services Corporation. A person whose income

exceeds the maximum amount for legal services

representation may be determined indigent only if a judge

makes a specific finding of indigency on the record, taking

into account the funds necessary for the person to maintain

employment, to provide shelter, and to clothe, feed and care

for the person and the person’s immediate family, the person’s

outstanding contractual indebtedness, the person’s ability to

afford representation based on the particular matter and the

complexity of the case, the costs of living and attorneys fees

in different regions of the state, and any liquid assets which

could be counted as income.

(3) Assessment of Costs. In an appointment under AS

25.24.310 for representation of a minor, the court shall enter

an order for costs, fees and disbursements in favor of the state.

If the appointment is made in a proceeding in which custody,

support or visitation is an issue, the court shall, if possible,

avoid assigning costs to only one party by ordering that costs

of the minor’s legal representative or guardian services be

paid from property belonging to both parents before a division

of property is made.

(d) Withdrawal from Unauthorized Appointment.

The public defender agency and the office of public advocacy

shall accept appointments only in those cases for which the

basis for the appointment is clearly authorized. If the agency

or office determines that the basis for an appointment is not

clearly authorized, the agency or office shall file with the

court a motion to withdraw from the appointment.

(e) Other Appointments at Public Expense.

(1) Constitutionally Required Appointments.

If the court determines that counsel, or a guardian ad

litem, or other representative should be appointed for an

indigent person, and further determines that the appointment

is not authorized by AS 18.85.100(a) or AS 44.21.410, but in

the opinion of the court is required by law or rule, the court

shall appoint an attorney who is a member of the Alaska Bar

Association to provide the required services. Other persons

may be appointed to provide required services to the extent

permissible by law.

(A) Appointments may be made in the following types

of cases without prior approval of the administrative director,

but only in cases in which the required services would not

otherwise be provided by a public agency:

(i) Attorneys for biological parents in adoption cases to

the extent required by the Indian Child Welfare Act (25 USC

1901 et seq.),

(ii) Attorneys for minor children and indigent parents or

custodians of minor children in minor guardianship cases

brought pursuant to AS 13.26.147(d),

(iii) Attorneys for respondents in protective proceedings

brought pursuant to AS 13.26 in which appointment of the

office of public advocacy is not mandated by statute,

(iv) Attorneys for minor children or incompetents who

are heirs or devisees of estates in cases in which the attorneys’

fees cannot be paid as a cost of administration from the

proceeds of the estate,

(v) Attorneys for indigent putative fathers in actions to

establish paternity in which the state of Alaska provides

representation for mothers,

(vi) Attorneys to represent indigent respondents in

involuntary alcohol commitments brought pursuant to AS

47.37,

(vii) Attorneys for indigent parents who are defending

against a claim that their consent to adoption is not required

under AS 25.23.050(a).

(B) In all other cases, the court shall inform the

administrative director of the specific reasons why an

appointment is required prior to making the appointment.

(2) Servicemembers Civil Relief Act. When the opposing

party is financially unable to pay for such representation, the

court shall appoint a member of the Alaska Bar Association to

represent an absent service person pursuant to the

Servicemembers Civil Relief Act (50 App. U.S.C. § 521).

Prior approval of the administrative director is not required.

(3) List of Private Attorneys.

(A) The presiding judge shall designate the area court

administrator and a clerk of court for each court location in

the district to keep and make available to the court in each

location lists of attorneys or other persons eligible to receive

court appointments under paragraph (e) of this rule.

(B) The attorney lists will first be compiled from names

of persons who have volunteered to accept these

appointments. If there are insufficient volunteers, the court

will make appointments on a rotation basis from lists of

eligible attorneys obtained from the Alaska Bar Association.

The court may, in departing from a strict rotation basis, take

into account the complexity of the case and the level of

experience required by counsel.

services will be compiled from names of qualified persons

who have indicated their willingness to provide the required

services.

(4) Appointment Orders. When the court appoints an

attorney or other person under paragraph (e) of this rule, the

clerk of the court from which the appointment was made shall

immediately send a copy of the appointment order to the

administrative director.

(5) Compensation.

(A) All claims for compensation must be submitted

monthly or at least quarterly on forms provided by the court.

The final claim for compensation must be submitted within 30

days following the disposition of a case. All claims must be

submitted to Fiscal Operations, Alaska Court System, 820

ALASKA COURT RULES

West 4th Avenue, Anchorage, AK, 99501. The administrative

director shall approve or disapprove the claim.

(B) Attorneys will be compensated at the rate of $130.00

per hour; provided, that total compensation for any case will

not exceed $1,500.00 without prior approval of the

administrative director. An attorney who is appointed to serve

as a guardian ad litem will be compensated at the attorney

rate.

provide services will receive compensation as described

below.

(i) A person appointed as a court visitor or guardian ad

litem will be compensated at the rate that the Office of

Public Advocacy would pay under contract for the same

services; and

(ii) A person appointed to provide other required

services will be compensated at a rate not to exceed

$25.00 per hour.

The total compensation for any case covered by this

subparagraph will not exceed $300.00 without prior approval

of the administrative director.

(D) The costs of necessary interpreter services will be

reimbursed at the rate that the court system would pay under

Administrative Bulletin 82 for the same quality services.

(E) Extraordinary expenses will be reimbursed only if

prior authority has been obtained from the administrative

director, upon recommendation by the assigned trial judge.

Extraordinary expenses exceeding $2,500.00 may be

authorized only in extremely complex cases. In this paragraph,

“extraordinary expenses” are limited to expenses for:

(i) Investigation;

(ii) Expert witnesses; and

(iii) Necessary travel and per diem, which may not

exceed the rate authorized for state employees.

(F) If necessary to prevent manifest injustice, the

administrative director may authorize payment of

compensation or expenses in excess of the amounts allowed

under this rule.

(6) Recovery of Costs. When counsel is appointed for a

person in a case described in subparagraph 12(e)(1), the court

shall order the person, or if the person is a child, the person’s

parents, guardian or custodian, to pay the costs incurred by the

court in providing representation. Before appointing counsel,

the court shall advise the person that the person will be

ordered to repay the state for the cost of appointed counsel

and shall advise the person of the maximum amount that the

person will be required to repay. The court shall order the

person to apply for permanent fund dividends every year in

which the person qualifies for a dividend until the cost is paid

in full. The clerk shall determine the cost of representation,

and shall mail to the person’s address of record a notice

informing the person that judgment will be entered against the

person for the actual cost of representation or for $500,

whichever is less. The person may oppose entry of the

judgment by filing a written opposition within 10 days after

the date shown in the clerk’s certificate of distribution on the

notice. The opposition shall specifically set out the grounds

for opposing entry of judgment. The clerk shall enter

judgment against the person for the amount shown in the

notice if the person does not oppose entry of the judgment

within the 10 days. If the person files a timely opposition, the

court may set the matter for a hearing and shall have authority

to enter the judgment. Criminal Rule 39(c)(1) and (c)(2) shall

apply to judgments entered under this section.

(f) Responsibilities of Appointed Counsel.

(1) An attorney appointed to represent an indigent

person must advise the court if the attorney learns of a change

in the person’s financial status that would make the person

financially ineligible for appointed counsel.

(2) An attorney appointed to represent an indigent

person must move to withdraw if the attorney reasonably

believes that the person has made a material misrepresentation

of the person’s financial status to the court. A material

misrepresentation is a misrepresentation of facts that would

make the person financially ineligible for appointed counsel.

The attorney is not required to disclose to the court the

existence or nature of the misrepresentation unless disclosure

is necessary to prevent the person from fraudulently securing

the services of appointed counsel.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 528 effective

September 1, 1982; by SCO 529 effective September 1, 1982;

by SCO 626 effective April 19, 1985; by SCO 652 effective

July 1, 1985; by SCO 676 effective April 25, 1986; by SCO

680 effective April 25, 1986; by SCO 689 effective April 24,

1986; by SCO 703 effective May 12, 1986; by SCO 889

effective July 15, 1988; by SCO 909 effective January 15,

1989; by SCO 1053 effective July 15, 1991; by SCO 1088

effective July 1, 1992; by SCO 1092 effective July 15, 1992;

by SCO 1103 effective July 9, 1992; by SCO 1145 effective

October 1, 1993; by SCO 1179 effective July 15, 1995; by

SCO 1584 effective October 15, 2005; by SCO 1649 effective

July 1, 2007; by SCO 1848 effective January 1, 2015; by SCO

1979 effective February 2, 2022; and by SCO 2010 effective

nunc pro tunc July 1, 2023)

Dissent to SCO 1088:

RABINOWITZ, Chief Justice, with whom COMPTON,

Justice, joins, dissenting:

I am not persuaded that either existing Criminal Rule 39, or

Appellate Rule 209, requires amendment. I think it can be

safely predicted that these amendments will have a chilling

effect on an indigent defendant’s obtaining the services of

appointed counsel as well as on an indigent defendant’s

decision whether or not to seek review or to appeal.

Note: AS 18.85.170(4) defines “indigent person” for

purposes of public defender appointments as “a person who, at

ALASKA COURT RULES

the time need is determined, does not have sufficient assets,

credit, or other means to provide for payment of an attorney

and all other necessary expenses of representation without

depriving the party or the party’s dependents of food,

clothing, or shelter and who has not disposed of any assets

since the commission of the offense with the intent or for the

purpose of establishing eligibility for assistance under this

chapter.”

Rule 14.

Jury Service Fees.

(a) Jurors who appear for service will be paid at the rate

established by the administrative director by administrative

bulletin.

(b) Jurors who drive more than 30 miles (one way) for

jury service will be reimbursed for mileage at the rate allowed

to state employees. If jurors drive together, only one mileage

reimbursement will be paid. Air and ferry transportation will

be arranged by the court.

trial day will receive lodging and meals at court system

expense. The reimbursement rate for lodging and meals will

be established by administrative bulletin.

(d) Because a juror who is employed by the State of

Alaska continues to be paid by the employer, the court will

not pay the juror for jury service. The juror is eligible to be

reimbursed for travel under subsections (b) and (c).

(e) A juror will not be paid or reimbursed for travel if

the juror mistakenly appears for jury service (1) because the

juror failed to call in as instructed, or (2) after having been

notified that the juror was excused or deferred.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 479 effective July 1, 1981; by SCO 801 effective August

1, 1987; by SCO 1153 effective July 15, 1994; rescinded and

readopted by SCO 1860 effective October 15, 2015)

Cross References

CROSS REFERENCE: Administrative Bulletins 66 (Jury Fees)

and 66.1 (Lodging and Meals for Jurors).

(2) Community Assignments. The community in which a

court is located will be assigned to that court. Other areas

within a 50-mile radius of that court will also be assigned to

that court except as follows:

(A) communities and areas located within 50 miles of

more than one court will be assigned to the court in the same

venue district;

(B) communities and areas located more than 50 miles

from any court will remain unassigned unless the presiding

judge assigns the community or area to a court; and

one court.

(3) Alternative Assignments. Prospective trial jurors will

be selected from all locations assigned to a court under

paragraph (c)(2) unless an alternative assignment is authorized

by the presiding judge. The presiding judge will forward any

alternative assignments to the administrative director by

October 1 each year.

(d) Term Lists, Summonses, and Questionnaires. For

each court, there is a term of service specified in subsection

(k), during which prospective jurors must be available to

serve. Using the local master list, the clerk will prepare a term

list that includes as many prospective jurors as are needed to

be available for the term. A summons will be sent to each

prospective juror on the term list along with instructions for

completing a questionnaire to determine if the prospective

juror is qualified to serve. The summons may be sent by

regular mail or email. Qualification questionnaires may be

completed online or returned to the court by mail.

(e) Juror Deferrals.

(1) 10-Month Limit. Pursuant to AS 09.20.035, jury

service may not be deferred for more than 10 months from the

date the original term of service was scheduled to begin. If a

juror requests a deferral beyond the 10-month limit, the

request will be considered a request for excusal under

paragraph (f)(1).

(a) Administration. The administrative director of the

courts is responsible for the management of the jury system

and shall prescribe policies and procedures for efficient and

effective jury management.

(2) Deferral as a Matter of Right. Before a person’s

term of service begins, the person may defer jury service once

without providing a reason if the person agrees to another

term of service beginning no later than 10 months from the

date the original term of service was scheduled to begin.

Courts may authorize additional deferrals as a matter of right

within the 10-month limit.

(b) Statewide Master Jury List. By November 30 of

each year, the administrative director will prepare a statewide

master list of prospective jurors in Alaska.

(3) No Deferral Allowed. Persons summoned to serve a

one-year term may not defer their service, but may request

short-term excusals under paragraph (f)(1).

Rule 15.

Jury Selection and Service.

(1) Creation of Local Lists. Using the statewide master

list, the administrative director will create a local master jury

list for each court. The local master jury list will contain the

names of all prospective jurors who live in the communities

and areas assigned to that court as provided below.

(4) Deferral after Term of Service Begins. After a

person’s term of service has begun, the person may request

that the remaining term of service be deferred or that the

person be temporarily excused under paragraph (f)(1). If the

remaining term of service is deferred, the juror may be

assigned to a new term within the 10-month limit, but only for

the period of time unserved in the original term.

ALASKA COURT RULES

(5) Partial Deferral for Shift Workers. If a person’s

work schedule makes the person unavailable to serve a portion

of every term, the jury clerk may defer that portion of service

to a new term. The person may not be required to serve longer

than the original term of service except that a person serving

on a jury must continue to serve until discharged by the trial

judge.

(6) Failure to Appear for Deferred Service. If a person

has deferred jury service until the last available term within

the 10-month limit and then fails to appear, the judicial officer

may excuse the person for good cause, excuse the person and

reassign the person to the next available term of service

outside the 10-month limit, or impose a sanction authorized

by law. A person who is reassigned to a new term of service

under this paragraph ordinarily will not be reassigned again

but may be excused.

(f) Juror Excusals.

(1) Temporary Excusals.

(A) Temporary Excusals by Judicial Officers for

Hardship.

A judicial officer may temporarily excuse a person from

jury service if it is shown that the person’s health, the health

or proper care of the person’s family, a physical or mental

disability, or other substantial hardship makes it necessary for

the person to be excused. Depending on the length of the

hardship, the excusal may be either:

(i) a short-term excusal during the term of service, or

(ii) a long-term excusal for one year from the first day of

the term of service for which the person was summoned.

(B) Temporary Excusals by Clerk.

(i) Excusal for Failure to Meet Statutory Qualifications.

If a person’s response to the qualification questionnaire

indicates that the person is not qualified for jury service under

AS 09.20.010 or 09.20.020, the clerk will excuse the person

from service after verifying the disqualification. If the reason

for disqualification is that the person is not of sound mind or

in possession of the person’s natural faculties, the person will

be excused only if the person has a court-appointed guardian

or if a licensed physician, psychologist, nurse practitioner, or

physician’s assistant verifies in writing that the person is

unable to serve as a juror for medical reasons. If a person is

excused because the person recently served on a jury, the

length of the excusal is specified in paragraph (3) below. All

other excusals under this provision will be for one year from

the first day of the term of service for which the person was

summoned.

(ii) Excusal of Judicial Officers (AS 09.20.030). Upon a

judicial officer’s request, the clerk will excuse the judicial

officer from jury service for one year from the first day of the

term of service for which the judicial officer was summoned.

(iii) Excusal for Hardship. A clerk may temporarily

excuse a person from jury service for hardship to the extent

authorized by administrative bulletin.

(2) Permanent Excusals.

Upon request, the clerk will permanently excuse a person

from all future jury service if the person:

(A) is over age 70, or

(B) is permanently unable to serve as a juror for medical

reasons, including physical or mental disability, if verified in

writing by a licensed physician, psychologist, nurse

practitioner, or physician’s assistant.

(3) Length of Excusal after Jury Service. If a person has

appeared for jury service in state or federal court in Alaska,

the person is not required to serve again as a juror for one year

after the end of the person’s term of service. In a court with a

local master jury list that includes over 50,000 people, the

person will be excused for two years unless the administrative

director determines that there are insufficient jurors on the

local master jury list to accommodate the number of trials at

the court location. If the jury service was in federal court, the

term of service will be the term of service of the summoning

state court rather than that of the federal court.

(4) Exclusions List. The administrative director will

maintain a list of deceased and permanently excused persons

to ensure that these persons are excluded from the statewide

master jury list.

(g) Notice of Juror Status. After determining whether

the person is qualified to serve and whether the person is

eligible to be deferred or excused, the court will send the

person a service reminder, deferral notice, or excusal notice.

(h) Selection of Prospective Trial Jurors.

(1) The clerk will eliminate from the term list the names

of persons who are not qualified or who have been deferred or

excused. All remaining persons must call in during the term as

directed.

(2) Each week, based on the number of expected trials,

the clerk will direct an appropriate number of prospective

jurors to appear for service. The clerk will assign these

prospective jurors to trial panels. A trial panel consists of

prospective jurors who will be sent to the courtroom for

possible inclusion on a trial jury.

(3) If a trial judge determines that the selection area

defined in subsection (c) will not provide a trial jury which is

a truly representative cross-section of the appropriate

community, the trial judge may designate alternate or

additional areas from which the trial panel will be selected.

(i) Trial Jury.

(1) A trial jury consists of those prospective jurors

selected from the trial panel to hear a trial.

ALASKA COURT RULES

(2) Unless otherwise stipulated by the parties and

approved by the trial judge, a trial jury shall consist of 12

persons for the superior court and six persons for the district

court and for inquests and presumptive death hearings.

(3) The clerk shall select from the trial panel a number

of names sufficient to comprise a trial jury and alternate jurors

if the court decides alternate jurors are needed. The clerk shall

select the names either by using a computer-generated random

list or another method of random selection.

(4) Prospective trial jurors shall be examined,

challenged, and sworn as provided in Civil Rule 47 or

Criminal Rule 24.

(j) Juror Privacy.

(1) Court Use Only. The following materials are for

internal court use only: the statewide master jury list, local

master jury lists, local term lists, and qualification

questionnaires.

(2) Limited to Parties. Trial questionnaires and trial

panel lists are confidential. These items, along with the dates

of birth of individuals on the trial panel list, will be provided

to the parties and counsel of record for use by the parties, their

attorneys, and agents of their attorneys only in connection

with jury selection in the case for which the questionnaires

and lists were prepared.

(3) No Disclosure. The parties, their attorneys, and

agents of their attorneys shall not disclose or use the trial

questionnaires, trial panel lists, or any compiled list of persons

selected to serve on a jury except as permitted by this rule.

(4) Selection Hearing Records. If jurors are questioned

in private, the electronic record and log notes related to that

questioning are confidential. Otherwise, the electronic record

and log notes from jury selection are public. Juror names

must never be recorded in the log notes. Instead, juror names

should only be recorded on the confidential form used to

document juror selection.

(5) Attendance Records. The court may issue a

certificate of attendance to a juror or the juror’s employer.

Any other record of juror attendance is confidential.

(k) Term of Service.

SIZE OF LOCAL

MASTER JURY LIST

TERM OF SERVICE

Under 2,000 people

1 calendar year

2,000 to 7,000 people

3 consecutive calendar months per jury

year unless interrupted by a deferral

7,000 to 99,999 people

1 calendar month per jury year unless

interrupted by a deferral

100,000 or more people

1 calendar week per jury year

(3) Maximum Length of Actual Service. No person will

be required to appear for jury service more than 30 days per

year, except that a person serving on a jury must continue to

serve until discharged by the trial judge. Calling in without

appearing does not count as a day of service.

(l) Definitions.

(1) Deferral of Jury Service – the postponement of jury

service to a later date as described in subsection (e).

(2) Jury Summons – a court order directing a prospective juror to be available to serve for a specific term at a court

location.

(3) Jury Year – the calendar year during which a master

jury list is in effect.

(4) Natural Faculties – normal abilities to reason, a term

used in AS 09.20.010.

(5) Permanent Excusals – an excusal for life for reasons

stated in paragraph (f)(2).

(6) Qualification Questionnaire – a set of questions used

to determine whether a prospective juror meets the statutory

qualifications for jury service.

(7) Temporary Excusal – an excusal for one year or less

for reasons stated in paragraph (f)(1).

(8) Term List – a group of prospective jurors selected

from the local master jury list who are summoned to serve for

a specific term at a court location.

(9) Term of Service – the period during which a person

must be available to serve as a juror. During that period, the

person may be required to call in or appear for service.

(1) Term of service is the period during which

prospective jurors must be available to serve as jurors. During

that period, the prospective jurors may be required to call in or

appear for service.

(10) Trial Jury – those persons selected from the trial

panel to serve as jurors.

(2) Except as otherwise provided by the administrative

director, the term of service for a court is based on the size of

that court's local master jury list as shown in the chart below.

Any change in a court’s term of service must be approved by

both the presiding judge and the administrative director. All

modified terms of service will be published in an

administrative bulletin.

(12) Trial Questionnaire – a document filled out by

members of a trial panel for purposes of jury selection.

(11) Trial Panel – that group of prospective jurors from

the term list who are sent to the courtroom for possible

inclusion on a trial jury (called “jury panel” in AS 09.20.080).

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 531 effective October 1, 1982; by SCO 890 effective

July 15, 1988; by SCO 969 effective July 15, 1989; by SCO

1204 effective July 15, 1995; by SCO 1405 effective October

ALASKA COURT RULES

15, 2000; by SCO 1556 effective October 15, 2004; by SCO

1622 effective October 15, 2006; by SCO 1665 effective April

15, 2008; by SCO 1829 effective October 15, 2014; rescinded

and readopted by SCO 1860 effective October 15, 2015; and

by SCO 1926 effective July 1, 2018)

Note: Chapter 104 SLA 04 (HB 353) exempts teachers

from jury service if they are teaching at a school that is

designated as failing to make adequate yearly progress under

P.L. 107-110. According to Section 2 of the Act, this has the

effect of changing Administrative Rule 15(k) by establishing

an additional cause for exemption from jury service. [In

October 2006, SCO 1622 altered the subsections so that

Administrative Rule 15(k), referred to in this Note, is now

Administrative Rule 15(l).]

court, or to which it is adjourned, it shall be deemed appointed

for or adjourned to the next day not a judicial holiday.

(b) Holidays Falling on Sunday or Saturday. If any

holiday designated in Rule 16(a)(2) through (13) falls upon a

Sunday, the Monday following is a holiday and if it falls on a

Saturday, the Friday preceding is a holiday.

limited holiday, all courts shall be open and function in their

normal and usual manner. A special or limited holiday is a

holiday applying only to a special class or classes of business,

or a special class or classes of persons, and not appointed to be

generally observed throughout the state by all classes of

business and all classes of persons.

Rule 16. Judicial Holidays—Transaction of Business.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 977 effective January 15, 1990; and by SCO 2036

effective April 15, 2025)

(a) Judicial Holidays. Subject to the provisions of AS

22.10.050 and AS 22.15.090, no court shall be open for the

transaction of business on any judicial holiday as defined in

this rule unless ordered by the presiding judge for good cause

shown.

Rule 17.

Judicial holidays are:

(1) Every Sunday;

(2) The first of January, known as New Year’s Day;

(3) The third Monday of January, known as Martin

Luther King, Jr.’s Birthday;

(4) The third Monday in February, known as President’s

Day;

(5) The last Monday of March, known as Seward’s Day;

(a) Sessions of the Supreme Court. Sessions of the

supreme court shall be held at such locations and times as may

be designated by the chief justice, after consultation with the

supreme court.

(b) Offices. The principal office of the supreme court

shall be at Anchorage, Alaska. The chief justice or an associate

justice may maintain an office at a place other than the

principal office as designated by order of the court or of the

chief justice.

with the clerk or a deputy in attendance shall be open during

business hours from 8:00 a.m. until 4:30 p.m. on all days

except judicial holidays and Saturdays.

(7) The 19th of June, known as Juneteenth;

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; and by SCO 1153

effective July 15, 1994)

(8) The fourth of July, known as Independence Day;

Rule 17.5.

(6) The last Monday in May, known as Memorial Day;

(9) The first Monday in September, known as Labor

Day;

(10) The 18th of October, known as Alaska Day;

(11) The 11th of November, known as Veterans Day;

(12) The fourth Thursday in November, known as

Thanksgiving Day;

(13) The 25th of December, known as Christmas Day;

(14) Every day designated by public proclamation by the

President of the United States or the Governor of the state as a

legal holiday.

If any day specified or provided for as a holiday in this

rule falls on a day appointed for the holding or sitting of a

Sessions and Offices of the Supreme Court.

Sessions and Offices of the Court of

Appeals.

(a) Sessions of the Court of Appeals. Sessions of the

court of appeals shall be held at such times as may be

designated by the chief judge, after consultation with the court

of appeals, and at locations designated by the chief judge after

consultation with the court of appeals and the chief justice.

(b) Office. The principal office of the court of appeals

shall be at Anchorage, Alaska. A court of appeals judge may

maintain an office at a place other than the principal office as

designated by order of the supreme court or of the chief justice.

with the clerk or a deputy in attendance shall be open during

business hours from 8:00 a.m. until 4:30 p.m. on all days

except judicial holidays and Saturdays.

ALASKA COURT RULES

(SCO 443 effective November 13, 1980; amended by SCO

1894 effective August 10, 2016)

Rule 18.

Superior and District Courts—Time and

Place of Sitting.

(a) Superior and District Courts—When Open for

Business. The superior and district courts shall be open for the

transaction of business during business hours from 8:00 a.m.

until 4:30 p.m. on all days except judicial holidays and

Saturdays; provided, however, that the courts may at any time

extend these hours as circumstances may require or as may be

ordered by the presiding judge. The presiding judge may

authorize the closure of an office for up to one hour per week

for staff meetings and training under a plan approved by the

administrative director. The clerk of court must give advance

notice of the closure by posting notices on the court’s bulletin

board, on the doors of the courthouse, and in the clerk’s office.

(b) Magistrate Judges—Time of Sitting—Office

Hours. Magistrate judges shall sit in the conduct of trials and

hearings as the business of their courts and the status of their

calendars require. Offices of full-time magistrate judges shall

be open to the public for the transaction of business during

business hours from 8:00 a.m. until 4:30 p.m. on all days

except judicial holidays and Saturdays. Offices of part-time

magistrate judges shall be open to the public for the transaction

of business as prescribed by the presiding judge.

Rule 19.

Number and Location of District

Court Judges and Magistrate

Judges.

(a) District Court Judges. The district court in each

judicial district shall have the number of judges as set forth

below:

First Judicial District – 2

Second Judicial District – 0

Third Judicial District – 14

Fourth Judicial District – 4

The number of district court judges may be changed from

time to time by the Supreme Court as circumstances require.

(b) Magistrate Judges. Each judicial district shall have

no more than the number of magistrate judges set forth below:

First Judicial District—13

Second Judicial District—18

Third Judicial District—23

Fourth Judicial District—16

In addition, magistrate judges shall be available at all

times:

The number and location of magistrate judges may be

changed from time to time by the supreme court as

circumstances require.

(1) to issue arrest warrants, search warrants, and

summonses in criminal cases;

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 594 effective May 4, 1984; by SCO 797 effective date

nunc pro tunc September 1, 1986; by SCO 955 effective

January 12, 1989; by SCO 1018 effective nunc pro tunc May

17, 1989; by SCO 1144 effective September 9, 1993; by SCO

1225 effective November 15, 1995; by SCO 1393 effective

May 9, 2000; by SCO 1516 effective July 1, 2003; by SCO

1551 effective July 1, 2004; by SCO 1572 effective June 1,

2005; by SCO 1715 effective July 1, 2009; by SCO 1737

effective September 15, 2010; SCO 1829 effective October 15,

2014; by SCO 1922 effective July 1, 2018; and by SCO 1945

effective July 1, 2019)

(2) to set bail;

(3) as may be necessary to conduct proceedings required

under Criminal Rule 5, District Court Criminal Rule 1, CINA

Rule 5 and Delinquency Rule 5; and

(4) to make emergency appointments of temporary

property custodians under AS 22.15.110(a)(3).

Weekend and holiday duty must be equitably shared

between magistrate judges and other judges except at court

locations at which committing magistrate judges have been

hired to perform weekend and holiday duty.

(c)

Courts Open During Noon Hour. All courts with

more than two employees will be open for business during the

noon hour (12:00 noon to 1:00 p.m.) unless otherwise

authorized by the administrative director.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 455 effective March 15, 1981; by SCO 885 effective July

15, 1988; by SCO 1207 effective July 15, 1995; by SCO 1223

effective nunc pro tunc to September 1, 1995; by SCO 1285

effective January 15, 1998; by SCO 1829 effective October 15,

2014; and by SCO 1976 effective September 7, 2021)

Cross References

CROSS REFERENCE: AS 22.15.020.

Rule 19.1 Qualifications of Magistrate Judges Who

Seek Appointment as District

Judges Under AS 22.15.160(a)(2).

Court

A magistrate judge is qualified for appointment to the

office of district court judge under AS 22.15.160(a)(2) if he or

she is a citizen of the United States and of the state, is at least

21 years of age, has been a resident of the state for at least five

years immediately preceding the appointment, has served for at

least seven years in the state as a magistrate judge in the

exempt service of the Alaska Court System, and is a graduate

ALASKA COURT RULES

of a law school accredited or approved by the Council of Legal

Education of the American Bar Association or the Association

of American Law Schools.

(Added by SCO 532 effective October 1, 1982; amended by

SCO 1829 effective October 15, 2014)

Rule 19.2.

Deputy Magistrates.

(a) Introduction. This rule governs the certification and

appointment of court system employees as deputy magistrates.

A person, other than a court system employee officially

classified as judge, justice, magistrate, or committing

magistrate, may not perform judicial duties unless that person

is appointed master under the Alaska Rules of Court, or is

otherwise given judicial duties by statute or court rule.

(b) Qualifications. A deputy magistrate must:

(1) be an Alaska Court System employee;

(2) be at least 21 years of age;

(3) be a United States citizen;

(4) be a resident of the State of Alaska for six months

immediately preceding the appointment; and

(5) have received training from a training judge or

another judicial officer designated by the presiding judge or by

the chief justice, prior to appointment as a deputy magistrate,

for each judicial duty which the appointee will be certified to

perform.

qualified court system employee as a deputy magistrate. The

appointment order must be in writing and specify the duties

which the deputy magistrate is authorized to perform. The

appointment order must also contain the training judge’s

certification that the person appointed has received training in

each of the judicial duties which the appointee is authorized to

perform, and that the appointee is competent to perform each

of these duties. Copies of the order must be sent to the

appointee, chief justice, human resources director, magistrate

services, training judge, area court administrator, and the

highest ranking local judicial officer.

(d) Duties. A deputy magistrate may be appointed to

perform only the following magistrate duties:

(1) acceptance of criminal complaints;

(2) issuance of summonses and arrest warrants;

(3) bail hearings;

(4) felony first appearances;

(5) misdemeanor and minor offense arraignments;

(6) acceptance of guilty or no contest pleas in

misdemeanor and minor offense cases;

(7) sentencings following pleas accepted by the deputy

magistrate;

(8) issuance of marriage licenses and performance of

marriages;

(9) issuance of ex parte and emergency domestic

violence protective orders pursuant to AS 18.66.110, and

issuance of ex parte and emergency stalking and sexual assault

protective orders pursuant to AS 18.65.855; and

(10) issuance of search warrants.

(e) Limitations on Deputy Magistrate Duty.

(1) A deputy magistrate may not perform the deputy

magistrate duties listed in subsection (d) unless all other

judicial officers are unavailable as defined by paragraph (e)(3),

or additional weekend or holiday duty is authorized pursuant to

paragraph (e)(2), or for supervised training purposes.

(2) The presiding judge may approve weekend or holiday

duty by deputy magistrates subject to review by the chief

justice.

(3) A judicial officer is unavailable for purposes of

paragraph (e)(1) only if the judicial officer is conducting

courtroom proceedings, is absent from the community on other

court business, is ill, or is on leave. In addition, a judicial

officer is unavailable for weekend or holiday duty if the

judicial officer is on leave either the day before or after the

weekend or holiday. A judicial officer is not unavailable for

weekend or holiday duty only because the judicial officer is

absent from the court building.

(4) A deputy magistrate who is not a clerk of court may

perform magistrate duties only if there is no deputy magistrate

at the court location who is a clerk of court or if the deputy

magistrate who is a clerk of court is performing other judicial

duties or is not at the court building.

(5) The limitations on performance of deputy magistrate

duties in (e)(1)–(4) do not apply to a deputy magistrate who is

performing deputy magistrate duties while being observed by a

training judge.

(f) Classification and Compensation.

(1) A clerk of court appointed deputy magistrate will be

classified two salary ranges above the classification which

would normally be assigned to the position. A clerk of court

appointed deputy magistrate is not entitled to upward

reclassification if the deputy magistrate duties have previously

been considered by the personnel office in the classification of

the position.

(2) Compensation for a deputy magistrate who is exempt

from the Fair Labor Standards Act will be $100.00 for each

holiday, Saturday, or Sunday of on-call duty.

ALASKA COURT RULES

(3) Deputy magistrates who are not exempt from the Fair

Labor Standards Act will be compensated for overtime

magistrate work during the regular work week as provided by

the Fair Labor Standards Act. Such deputy magistrates will be

compensated for holiday, Saturday or Sunday on-call duty in

the following manner:

(A) If a non-exempt deputy magistrate is required to

perform magistrate duties while on-call during holidays,

Saturdays, or Sundays, the deputy magistrate will be

compensated either in accordance with the provisions of the

Fair Labor Standards Act for those hours worked, or as

provided in paragraph (f)(2) of this rule, whichever is greater.

(B) If a non-exempt deputy magistrate is not required to

perform magistrate duties while on-call, the deputy magistrate

will be compensated as provided in paragraph (f)(2) of this

rule.

(4) A law clerk appointed deputy magistrate will receive

no additional compensation, other than the law clerk’s regular

salary, for the law clerk’s deputy magistrate functions,

notwithstanding any other provision in this rule.

(Adopted by SCO 600 effective September 1, 1984; amended

by SCO 885 effective July 15, 1988; by SCO 1258 effective

nunc pro tunc to July 1, 1996; by SCO 1529 effective

November 5, 2003; and by SCO 1722 effective January 1,

2010)

Rule 20.

Magistrate Judge Salaries.

Magistrate judge salaries shall be determined in

accordance with the personnel rules.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1153 effective July 15, 1994; by SCO 1223 effective

nunc pro tunc to September 1, 1995; and by SCO 1829

effective October 15, 2014)

Rule 21.

Conduct of Proceedings.

(a) Proceedings on the Record and in Open Court. So

far as practicable, all judicial business involving the trial of

causes and conferences with members of the Bar or litigants

shall be on the record and transacted in open court.

(b) Judicial Robes. All justices of the supreme court, all

judges of the court of appeals, all judges of the superior court,

all district court judges, and all magistrate judges, while

presiding in a public session of court, shall wear a suitable

black judicial robe.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; and by SCO 1829

effective October 15, 2014)

Rule 22.

Places for Holding Court in Time of War,

Insurrection, Pestilence, or Other Public

Danger.

When it appears necessary because of actual or threatened

war, insurrection, pestilence, or other public calamity, or

because of actual or threatened destruction of, or danger to the

building or the occupants of the building appointed for holding

court in any judicial district, the presiding judge of the district

may by order direct that the court be held or continued at any

other place or facility in the judicial district. The order shall be

filed with the clerk of the supreme court and a copy provided

to the administrative director. The order shall be published as

the presiding judge prescribes.

(Adopted by SCO 412 effective July 1, 1980)

Rule 23.

Appointment of Former Justices and

Judges to Pro Tempore Judicial Service.

(a) Appointment to Pro Tempore Judicial Service.

(1) Method of Appointment. Former judicial officers who

have been accepted for inclusion in the administrative

director’s pro tempore appointment list may be appointed to sit

pro tempore as a senior judge in any court of this state when

the judicial assignment is deemed necessary for the efficient

administration of justice and the former judicial officer

consents to the appointment. Pro tempore appointments shall

be made by the chief justice, or by another justice designated

by the chief justice, in consultation with the administrative

director and the presiding judge or chief judge of the affected

court.

(2) Scope or Term of Appointment. Pro tempore

appointments may be made for one or more specified cases, or

for a specified period of time, or a combination of both.

Appointments may be renewed. A pro tempore judge may

complete a trial, including sentencing, or an appeal in progress

at the conclusion of the judge’s term of appointment. Unless a

judge’s order of appointment specifies otherwise, the judge’s

pro tempore appointment to a case in a trial court terminates

upon expiration of the time for filing an appeal except the pro

tempore judge may preside over immediate post-judgment

proceedings such as deciding restitution in a criminal case or

ruling on attorney fees and costs in a civil case. Unless a

judge’s order of appointment specifies otherwise, the judge’s

pro tempore appointment to a case in an appellate court

terminates upon expiration of the time for filing a petition for

rehearing or, if a petition for rehearing is filed, upon entry of

the order or opinion that disposes of the petition.

(b) Eligibility to Apply for Inclusion in the

Administrative Director’s Pro Tempore Appointment List.

(1) Eligibility to Apply. Former justices of the supreme

court, former judges of the court of appeals and the superior

court, and former judges of the district court who were

appointed by the governor are eligible to apply for inclusion in

the administrative director’s pro tempore appointment list

unless the former justice or judge

(A) was rejected in a retention election,

(B) was removed from office by the supreme court

pursuant to disciplinary proceedings instituted by the

ALASKA COURT RULES

Commission on Judicial Conduct,

proceedings,

(D) resigned from office while

impeachment proceedings were pending,

disciplinary

(E) resigned or was removed from office because of

incapacity, or

(F) is no longer a resident of Alaska.

(2) Restoration of Eligibility. Judicial officers who

would be ineligible to apply for inclusion in the pro tempore

appointment list under subparagraphs (b)(1)(A) – (E) of this

rule become eligible for appointment if they are subsequently

nominated for judicial office by the Alaska Judicial Council

and appointed by the governor.

(1) The administrative director shall maintain a list of

judges who can be considered for appointment to pro tempore

judicial service. A former judge may be included in this list if

(A) the judge is eligible to apply for inclusion in the list

under subsection (b) of this rule,

(B) the judge applies for inclusion in the list and declares

his or her willingness to accept pro tempore appointments, and

pro tempore appointment list will be consistent with efficient

judicial administration and the Court System’s budgetary

constraints, and that the judge possesses the skills and

temperament required for satisfactorily performing pro

tempore judicial duties.

(2) Former judges who wish to be included in the pro

tempore appointment list shall apply to the administrative

director using the application form specified by the director.

This application form must require the judges to

(A) acknowledge that, if they are accepted for inclusion

in the pro tempore appointment list, they will be bound by all

provisions of the Code of Judicial Conduct that apply to senior

judges until they formally withdraw from the appointment list

as prescribed in paragraph (c)(4);

(B) certify that they have read the applicable provisions

of the Code of Judicial Conduct and that they are currently in

compliance with those provisions; and

tempore appointment list if they cease being residents of

Alaska.

(3) The administrative director and the chief justice shall

review a judge’s application for inclusion in the pro tempore

appointment list, applying the criteria specified in

subparagraph (c)(1)(C). The administrative director shall

promptly notify judges when their application for inclusion in

the pro tempore appointment list has been granted or denied.

Judges who are accepted for inclusion in the pro tempore

appointment list become senior judges for purposes of the

Code of Judicial Conduct.

(4) A former judge who has been accepted for inclusion

in the pro tempore appointment list may withdraw from the list

by notifying the administrative director in writing. If the

judge’s withdrawal will terminate one or more current pro

tempore judicial appointments, the administrative director shall

notify the presiding judges or chief judge of the affected

courts.

(5) The following procedures govern the re-evaluation of

judges on the pro tempore appointment list:

(A) Every two years, the administrative director and the

chief justice shall review the performance of all judges who

have served pro tempore during the preceding two years. This

biennial review shall include the results of any evaluation of

the pro tempore judge’s performance by the Alaska Judicial

Council. The biennial review shall also include formal

evaluations of the judge’s performance by each of the

presiding judges or chief judge of the courts where the judge

served pro tempore. At the conclusion of this biennial review,

the chief justice, in consultation with the administrative

director, shall determine whether the judge will remain on the

pro tempore appointment list.

(B) In addition to the biennial review required by

subparagraph (c)(5)(A), the administrative director and the

chief justice may, at any time, assess any judge’s continued

inclusion in the pro tempore appointment list if they receive

new information which raises a significant question as to

whether the inclusion of that judge in the appointment list

remains consistent with efficient judicial administration and

the Court System’s budgetary constraints, or whether that

judge possesses the skills and temperament required for

satisfactorily performing pro tempore judicial duties. At the

conclusion of this assessment, the chief justice, in consultation

with the administrative director, shall determine whether the

judge will remain on the pro tempore appointment list.

(d) Compensation. A former justice or judge is entitled

to receive compensation for pro tempore judicial service at the

rate of $650 per day for any day during which the justice or

judge served for four hours or more, and $325 per day for any

day during which the justice or judge served less than four

hours. The annual compensation for pro tempore service may

not exceed the difference between the former justice’s or

judge’s annual retirement pay and the current annual base

salary of a justice or judge of the court from which the justice

or judge retired. The supreme court may relax this limit when

necessary to cover an extended judicial vacancy or in other

extenuating circumstances. The former justice or judge is not

entitled to personal, annual, or sick leave benefits, or health

insurance coverage under the active employee plan, and

acceptance of a pro tempore appointment acts as a waiver of

any claim to these benefits. For an appointment of over 90

consecutive days, these leave benefits and eligibility for health

insurance coverage under the active employee plan (as

permitted under the statutes and regulations that govern

ALASKA COURT RULES

participation in that plan) may be granted at the discretion of

the administrative director with the concurrence of the chief

justice.

(e)

Additional Service Credit. A former justice or

judge who has not accrued the maximum service credit for

retirement benefits under AS 22.25.020 is entitled to receive

additional service credit for each day of pro tempore service

until the maximum is reached.

(f)

Private Arbitration and Mediation. If, after a

former judge has been accepted for inclusion in the pro

tempore appointment list, the judge acts as a private arbitrator

or mediator, the judge must comply with the following rules to

remain eligible for pro tempore appointment:

(1) The judge shall refrain from soliciting or

accepting employment as an arbitrator or mediator from a

lawyer or party who is currently appearing in a case in which

the judge is serving as a pro tempore judicial officer.

(2) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge has

previously served as an arbitrator or mediator, either in a

private capacity or as a settlement judge, in the same matter.

This disqualification may be waived under Canon 3F of the

Code of Judicial Conduct.

(3) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge is

currently serving or is scheduled to serve as an arbitrator or

mediator in a private capacity for a lawyer or party in the case.

This disqualification may be waived under Canon 3F of the

Code of Judicial Conduct.

(4) The judge shall disqualify himself or herself from

serving as a pro tempore judge in a case if the judge served as

an arbitrator or mediator in a private capacity for a lawyer in

that case or a party to that case within the two years prior to the

judge’s assignment to the case. This disqualification may be

waived under Canon 3F of the Code of Judicial Conduct.

(5)

The judge shall refrain from accepting

employment as an arbitrator or mediator from a lawyer or party

who, within the preceding six months, has appeared in any

case in which the judge was participating personally and

substantially as a judge at the same time.

effective January 1, 2016; by SCO 1874 effective April 27,

2016; by SCO 1917 effective December 1, 2017; by SCO 1932

effective July 11, 2018; by SCO 1952 effective July 24, 2019;

by SCO 2017 effective April 1, 2024; by SCO 2032 effective

November 11, 2024; and by SCO 2050 effective July 22, 2026)

Rule 24.

Assignment of Judicial Officers.

(a) Assignments Within Judicial Districts. Assignment

of a judicial officer from the court location of the judicial

officer’s residence to locations within the same judicial district

shall be made by the presiding judge of the judicial district or

by the presiding judge’s designee. In making such

assignments, due regard shall be had of the status of

accumulated calendars of the courts in the district to the end

that judicial officers are assigned to such courts as needed in

order to keep the calendars current.

(b) Temporary

Districts.

Assignments

Other

Judicial

(1) When the volume of judicial business in the superior

or district court in any judicial district warrants the temporary

assignment thereto of one or more judicial officers from

another judicial district, the presiding judge in the judicial

district requiring such temporary assignment shall so advise

the administrative director, giving details as to the reasons for

the assignment, the length of time and the location of the

temporary assignment.

(2) The administrative director shall thereupon determine

the availability of judicial officers in other judicial districts and

make such assignments as may be necessary.

(1) The chief justice may assign an individual justice of

the supreme court or a judge of the court of appeals, with the

consent of the justice or judge, to serve pro tempore as a judge

of the superior court or a district court in any judicial district of

the state under the same circumstances as the administrative

director may assign a judge under paragraph (b) of this rule.

(2) Death or Incapacity.

For purposes of these restrictions, a senior judge is not

“serving as a pro tempore judge” or “participating personally

and substantially as a judge” if the judge has been assigned to a

case solely for the purpose of serving as a settlement judge.

As used in this Rule, the term “settlement judge” means a

judicial officer who is assigned to a case solely for the purpose

of consulting with the parties and assisting them in trying to

resolve their dispute without a trial or other formal

adjudicative hearing.

(B) If all members of the supreme court die or are

incapacitated, the chief judge of the court of appeals becomes

the acting chief justice and may appoint up to four justices to

serve pro tempore to create a functioning supreme court of not

more than five members.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 597 effective

July 19, 1984; by SCO 857 effective July 15, 1988; by SCO

1153 effective July 15, 1994; by SCO 1262 effective February

27, 1997; by SCO 1324 effective July 15, 1998; by SCO 1358

effective July 15, 1999; by SCO 1629 effective December 31,

2006; by SCO 1736 effective July 1, 2010; by SCO 1869

act as chief justice within the meaning of subpart (B), the next

most senior member of the court of appeals becomes the chief

justice for purposes of that subpart. If no member of the court

of appeals is able to act as chief justice, the most senior

presiding judge who is also a superior court judge becomes the

acting chief justice for the purposes of subpart (B).

(A) If the chief justice dies, or is incapacitated, the most

senior member of the supreme court becomes acting chief

justice.

ALASKA COURT RULES

(d) Assignments of Active Judges for Pro Tempore

Appellate Service. The chief justice, or another justice whom

the chief justice designates, may assign an individual justice of

the supreme court or an individual judge of the superior or

district court to serve pro tempore as a judge of the court of

appeals. The chief justice, or another justice whom the chief

justice designates, may assign an individual judge of the court

of appeals, the superior court or the district court to serve pro

tempore as a justice of the supreme court.

(e) Assignments of Active Judges for Other Pro

Tempore Service. The chief justice, another justice whom the

chief justice designates, or the presiding judge upon entry of an

order of delegation by the chief justice, may assign an

individual judge of the district court to serve pro tempore as a

judge of the superior court. When a superior court judge hears

a matter that is pending in the district court, that judge sits as a

district court judge, and a specific assignment to the district

court is not required.

(f) Scope and Duration of Assignment.

(1) A temporary assignment of an individual justice or

judge under this rule shall be for specific cases or types of

cases or proceedings; for general caseloads in a specific

geographic location as necessary to ensure completion of a

travel calendar; and for general caseloads as necessary to

ensure continued judicial service during either the extended

absence of a sitting judge or a judicial vacancy.

(2) A temporary assignment may not exceed 180 days in

duration absent specific authorization by the chief justice;

however a judge who is assigned pro tem on a specific case

may continue to preside in that case beyond the expiration of

the temporary assignment order.

(3) A single temporary assignment of a judicial officer to

another judicial district may not exceed 90 days, unless the

judicial officer consents to the additional assignment.

Assignments in excess of 90 days or any assignment made

without the consent of the assigned judicial officer may be

made only by special order of the chief justice.

(g) Recommendations. The administrative director and

the presiding judge in each judicial district shall, after

consideration of the state of the superior and district court

dockets from time to time, submit joint recommendations to

the supreme court as to methods of improving the

administration of justice in such courts.

(h) Definitions. In this rule, “judicial officer” means a

superior court judge, district court judge, or magistrate judge.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 891 effective

July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO

1231 effective April 12, 1996; by SCO 1463 effective October

15, 2002; by SCO 1499 effective April 15, 2003; and by SCO

1829 effective October 15, 2014)

Rule 25.

Traveling Expenses of Judicial Officers and

Employees.

Each supreme court justice, court of appeals judge,

superior court judge, district court judge and magistrate judge,

and each employee of the court system is entitled to receive

travel expenses and per diem as provided by law for state

employees; provided, that the travel has been approved by the

appropriate administrative supervisor of the justice, judge,

magistrate judge or employee.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 1223 effective

nunc pro tunc to September 1, 1995; and by SCO 1829

effective October 15, 2014)

Rule 26.

Power of Court to Provide Proper

Facilities for Transaction of Business in

Court—Payment of Expenses.

If the state does not provide proper rooms in which to

hold the court and for the accommodations of the officers of

the court, together with attendants, furniture, fuel, lights, and

stationery, suitable and sufficient for the transaction of

business, the chief justice may direct the administrative

director of courts to provide them. The expenses thereof,

certified by the chief justice to be correct, shall be paid out of

the state treasury.

(Adopted by SCO 412 effective July 1, 1980)

Rule 26.1.

Court Facilities.

Notice to Executive and Legislative Branch Agencies. The

supreme court will provide a one-year notice prior to requiring

an executive or legislative branch agency to vacate a court

facility.

(Added by SCO 596 effective June 19, 1984)

Rule 26.2.

Court Security.

(a) Except as otherwise provided by this rule,

no person may possess a weapon on the premises of

any court facility, or in the portion of any other

building occupied by the court system, unless the

weapon is to be used as evidence in a court

proceeding. The term weapon includes firearms,

knives, and chemical agents such as mace and pepper

spray. This prohibition does not apply to:

(1) a peace officer;

(2) a private uniformed security guard

employed by a financial institution or private security

service who is transporting money or other valuables;

(3) a private security guard under contract with

the court system to provide security services within a

court facility who possesses a weapon authorized

under the contract;

(4) a judicial officer, who may possess on the

premises of any court facility, or in the portion of any

other building occupied by the court system: (a)

ALASKA COURT RULES

small knives or multi-tools (like Swiss Army-type or

Leatherman-type tools) provided that any knife blade

may not exceed 4 inches in length, except for kitchen

knives and utensils for purposes of food preparation

and service on court premises; (b) small chemical

agent canisters for personal safety purposes; and (c)

any other weapon upon receiving written

authorization from the administrative director.

Authorization to possess a weapon other than a

handgun under (c) of this rule, will be given only

upon a showing of good cause.

(5) court system employees, who may possess

on the premises of any court facility, or in the portion

of any other building occupied by the court system:

(a) small knives or multi-tools (like Swiss Army-type

or Leatherman-type tools) provided that any knife

blade may not exceed 4 inches in length, except for

kitchen knives and utensils for purposes of food

preparation and service on court premises; and (b)

small chemical agent canisters for personal safety

purposes; or

(6) court

system

facility

construction

contractors, who may possess on the premises of

court facilities knives and knife-like tools that are

necessary for their work.

For the purposes of this rule, a peace officer

includes officers of the Department of Corrections

who are qualified and authorized to carry a firearm in

the performance of their official duties as indicated

on their official Department of Corrections

identification card, which must be presented upon

entry into a court facility.

(b) The exemptions listed in (a)(1)-(3) and

(a)(5)-(6) apply only to persons acting within the

scope and authority of their employment. A peace

officer, private security guard, court system employee, or court system contractor who is participating in or attending a court proceeding outside the

scope of his or her employment, whether as a party,

witness, victim, or other interested person, is not

permitted to bring a weapon onto court premises.

requirements of this subsection and must notify and

receive written authorization from the administrative

director prior to bringing a handgun into a court

facility.

(1) Before a judicial officer may bring a

handgun into the premises of any court facility, or in

the portion of any other building occupied by the

court system, the judicial officer must provide to the

administrative director a certificate of successful

completion of a handgun course as described in AS

18.65.715. A valid Alaska Concealed Handgun

Permit issued by the Department of Public Safety

will satisfy the requirement of a certificate. The

certificate or Alaska Concealed Handgun Permit

must be obtained within five years prior to the date of

the judicial officer’s notification to the administrative

director that the officer intends to bring a handgun

onto court system premises. The administrative

director will issue a letter of approval to the judicial

officer unless there is good cause to withhold

approval. The administrative director may withdraw

approval to possess a handgun on court premises for

good cause. The administrative director will inform

the director of court security and the area court

administrator in the judicial district where the judicial

officer sits that the judicial officer has permission to

have a handgun, and require that this information be

kept confidential.

(2) The administrative director may advise the

supervisor of the Alaska State Trooper/Judicial

Services unit or the chief of the police department

that provides court security at each court location of

the names of the judicial officers who are approved to

possess handguns on court premises. The administrative director will request that this information be kept

confidential and disseminated only to those law

enforcement personnel who need to know that a

judicial officer may be armed.

(3) For each judicial officer who notifies and

receives authorization from the administrative

director to possess a handgun on court premises, the

court system will provide a handgun safe, which shall

be permanently secured in the judicial officer’s

chambers. The judicial officer must keep the handgun

and ammunition secure at all times while on court

premises: the handgun and ammunition must be

secured in the handgun safe or in the judicial officer’s

locked vehicle at all times when the judicial officer is

not carrying the handgun securely on his or her

person.

(4) In the event that law enforcement personnel

respond to a law enforcement or court security

incident on court premises and make contact with an

armed judicial officer, the judicial officer shall notify

the law enforcement officer as soon as safely

practicable that the judicial officer is armed; if

requested by the law enforcement officer, the judicial

officer shall surrender his or her handgun to the law

enforcement officer or comply with other lawful

directions given by the law enforcement officer.

(d) Weapons to be used as evidence in court

proceedings must be marked and prepared as directed

by the administrative director by administrative

bulletin. Each presiding judge may prescribe

procedures for courts within that judge's district

requiring prior notification to designated court

personnel before weapons to be used as evidence

may be brought onto court premises.

(Adopted by SCO 1321 effective April 14, 1998; amended by

SCO 1606 effective October 15, 2006; by SCO 1801 effective

March 15, 2013; by SCO 1992 effective October 5, 2022; by

ALASKA COURT RULES

SCO 1997 effective January 17, 2023; and by SCO 2021

effective September 16, 2026)

Cross References

CROSS REFERENCE: See Administrative Bulletin No. 9, section

IV(C), on exhibit procedure.

Rule 26.5.

Chief Judge of the Court of Appeals.

(a) The chief justice shall designate one judge of the

court of appeals to be the chief judge of that court. A judge

designated chief judge shall hold office as such for a term of

two years, or until he or she ceases to be a judge of the court of

appeals, whichever is shorter. A chief judge shall be eligible to

serve successive terms in that office.

(b) The chief judge, in addition to his or her regular

judicial duties, shall perform such other duties as the chief

justice and the court of appeals may direct.

duties, the judge of the court who has served as such for the

longest time, among those who are available, shall be acting

chief judge unless the chief justice orders otherwise.

(Adopted by SCO 446 effective September 1, 1980, nunc pro

tunc)

Rule 27.

Presiding Judge.

(a) The chief justice shall designate one judge from each

judicial district to be presiding judge of that district. A judge

designated as presiding judge shall hold office as such for a

term of one year and shall be eligible to serve successive terms

thereafter.

(b) In addition to regular judicial duties a presiding judge

shall, within his or her judicial district:

(1) Supervise the assignment of cases pending to the

judges;

(2) Supervise the administrative actions of judges and

court personnel;

(3) Expedite and keep current the business of the courts;

(4) Review and recommend budgets; and

(5) Review the operations of all trial courts to assure

adherence to statewide court objectives and policies.

(1) Assign judges and magistrate judges to locations

within their district of residence as necessary to maintain

balanced workloads or to expedite the business of those courts;

(2) Perform any other duties and exercise any other

powers as may be provided by law or by these rules.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 885 effective July 15, 1988; by SCO 1153 effective July

15, 1994; and by SCO 1829 effective October 15, 2014)

Rule 28.

Judicial Vacations and Judicial Leave.

(a) Vacation Leave. Each supreme court justice, court of

appeals judge, and superior court judge shall be entitled to an

annual vacation of not more than 30 working days. It shall be

taken at such time or times as may be prescribed by the chief

justice of the supreme court, the chief judge of the court of

appeals, or the presiding judge of the appropriate judicial

district.

(1) Accrual of Leave. Vacation time not taken in any

calendar year may be accumulated. However, subject to the

exception in paragraph (a)(2) of this rule, no more than 15

working days’ vacation time may be accumulated in any one

year, and no judge may carry over more than 30 working days’

unused vacation time in the aggregate. Annual vacation time

accrues as of January 1st of each year except for the year

during which a justice or judge is appointed or retires. During

the year of appointment, resignation, or retirement, annual

vacation leave accrues at the rate of 2.5 days per month of

service. Annual vacation time accrued but not taken at the time

of resignation, retirement, or death is forfeited.

(2) Extraordinary Hardship Exception. Subject to the

written approval of the administrative director, a justice or

judge may accumulate up to 30 working days’ vacation time in

any one year, and may carry over up to 60 working days’

unused vacation time in the aggregate, if the justice or judge

(A) establishes a case of extraordinary hardship that prevented

the justice or judge from taking at least 15 annual vacation

days in a particular year, and (B) presents a plan for using the

accumulated leave during the upcoming year to the

administrative director. The administrative director may

approve a case of extraordinary hardship for a particular justice

or judge no more often then once every three years.

(b) Sick Leave. Each supreme court justice, court of

appeals judge, and superior court judge shall be entitled to sick

leave with respect to any period of illness necessitating

absence from his or her judicial duties, which sick leave shall

not be charged against his or her vacation time. Parental leave

is counted as sick leave but is limited to 9 weeks absent

extenuating medical necessity. Parental leave includes

absences because of pregnancy and birth of a child or

placement of an adopted child, other than a stepchild. Parental

leave expires on the date one year after the birth or placement

of the child.

appeals judges, and judges from the superior and district courts

may be granted leave without pay to the same extent and upon

the same terms as other court system employees. Up to 5

working days in any calendar year may be granted at the

discretion of the chief justice, chief judge, or presiding judge

of the appropriate court. Leave without pay in excess of 5 days

must be approved by the administrative director upon

recommendation of the supervising judge or justice.

ALASKA COURT RULES

(d) District Court Judges and Magistrate Judges.

Each district court judge and magistrate judge shall be entitled

to personal leave in accordance with and limited by the

provisions of AS 39.20.200-39.20.330 and the personnel rules.

Such leave shall be taken at the time or times prescribed by the

presiding judge of the judicial district.

(e) Discretion of Chief Justice, Chief Judge or

Presiding Judge. In determining whether a justice or judge

shall take a vacation, and the length thereof, the chief justice of

the supreme court, the chief judge of the court of appeals, or

the presiding judge exercising authority under this rule shall be

mindful of the necessity of retention of sufficient judicial

manpower in the court or courts under his or her supervision to

permit at all times the prompt and effective disposition of the

business of such court or courts. Requests for judicial

vacations and judicial leave of one week or more must be

submitted for approval at least four months in advance.

(f) Administrative Leave. The chief justice of the

supreme court may assign one or more justices, judges, or

magistrate judges to attend conferences, seminars, or schools

to further legal education or professional qualifications. Such

assignment shall be made in consultation with the justice,

judge, or magistrate judge concerned and with the chief judge

of the court of appeals for judges of that court or with the

presiding judge of the appropriate judicial district for superior

or district court judges and magistrate judges. Travel expenses

and per diem may be provided. Administrative leave

authorized for such purpose shall not be counted as vacation

leave. Nothing in this rule shall prevent a justice, judge, or

magistrate judge not so assigned from attending conferences,

seminars, or schools for this purpose at his or her own expense

during his or her annual vacation. In addition, a justice, judge

or magistrate judge not so assigned during a calendar year may

receive administrative leave during that year not to exceed five

working days to attend conferences, seminars or schools when

authorized by the administrative director or the administrative

director’s designee. The administrative director may authorize

such administrative leave in excess of five working days upon

a delegation of authority from the chief justice. Administrative

leave may not be accrued.

(g) Leave of Absence.

(1) As used in this section, unless the context requires

otherwise, “judge” means any justice of the supreme court, or

judge of the court of appeals, the superior court or district

court.

(2) A judge who wishes to take a leave of absence shall

submit a written application to the supreme court, which shall

include a plan outlining the activities he or she will pursue.

(3) In authorizing leaves of absence, the supreme court

shall consider whether the activities outlined in the judge’s

plan are related to the administration of justice. Appropriate

activities include formal educational programs for professional

self-improvement and teaching at educational institutions. The

supreme court shall also consider the benefit the Alaska Court

System will derive from the leave of absence and the length of

time the judge has served. A leave of absence may be granted

only if the supreme court is satisfied that the administration of

justice in Alaska will not be adversely affected by granting the

leave.

(4) Upon approval of the judge’s application, the

supreme court shall issue an order granting leave of absence

without salary for a period of not more than one year. The

order shall state the maximum period of time for which the

leave is granted.

(5) Application for a leave of absence is considered a

waiver of salary by the applicant for the period of time the

judge is absent under the leave granted by the court.

(6) Annual vacation leave or personal leave shall not

accrue during a leave of absence.

(7) A leave of absence is an interruption in service for

retirement and supplemental benefits purposes. No payment

into the retirement or supplemental benefits funds shall be

made during such leave of absence, and retirement and

supplemental benefits shall not accrue.

(8) If a judge chooses to continue to participate in the

State of Alaska group health care and basic life insurance plans

during an approved leave of absence, the Alaska Court System

will continue to pay the same portion of the costs of the

following benefits for the judge and his or her dependents as

the Alaska Court System would pay if the judge were not on

leave of absence: comprehensive medical, dental, vision and

optical, audio, basic life insurance, and accidental death and

dismemberment insurance.

(9) A leave of absence does not affect the date at which a

judge is subject to approval or rejection in a retention election.

(10) At the termination of the leave of absence, unless he

or she sooner dies or resigns, a judge shall resume the duties of

his or her office and send written notice of the resumption to

the supreme court. The resumption and sending notice thereof

constitutes a termination of the leave whether or not the

maximum period of time granted has expired.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 443 effective November 13, 1980; by SCO 453 effective

November 13, 1980 nunc pro tunc; by SCO 555 effective April

4, 1983; by SCO 625 effective June 15, 1985; by SCO 698

effective April 24, 1986; by SCO 700 effective June 28, 1986;

by SCO 1534 effective October 15, 2005; by SCO 1616

effective October 15, 2006; by SCO 1642 effective October

15, 2007; SCO 1829 effective October 15, 2014; by SCO 1954

effective January 8, 2020; and by SCO 1956 effective June 17,

2020)

Rule 29.

Trial Court Clerks—Appointment and

Duties.

(a) Appointment. Clerks of court and deputy clerks of

court for the superior and district courts shall be employed and

appointed in accordance with the personnel rules.

ALASKA COURT RULES

(b) Powers and Duties. A clerk or deputy clerk of court

shall perform such duties as are or may be required by the

presiding judge, by the rules of the supreme court, and by law.

A clerk or deputy clerk of court shall issue all process and

notices required to be issued except as otherwise provided by

rule or statute and may:

(1) Administer oaths;

(2) Take and certify proofs or acknowledgements of

documents, affidavits, or depositions; and

(3) Exercise other powers as may be permitted by law or

by the rules of the supreme court.

(Adopted by SCO 412 effective July 1, 1980)

Rule 30.

Powers and Duties of Magistrate Judges in

Cases Beyond Their Jurisdiction.

(a) A magistrate judge may accept for filing a civil or

criminal case beyond a magistrate judge’s jurisdiction but

within the jurisdiction of a district court judge. Such cases will

be tried by a superior or district court judge on periodic visits

to the area.

(b) A magistrate judge shall immediately notify the

presiding judge in writing as soon as any case beyond

magistrate judge jurisdiction becomes at issue. Such

notification shall contain a brief description of the case,

whether jury or non-jury, and an estimate of the length of time

required for trial.

connected with a case, or during the trial, or after judgment, a

magistrate judge determines that he or she is for any reason

unqualified to proceed further, he or she shall, without

prejudicing the rights of the parties, postpone the proceedings

and proceed under (a) and (b) of this rule as if the case were

one beyond his or her jurisdiction.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1829 effective October 15, 2014)

Rule 31.

Additional Duties of Judicial Officers and

Employees.

(a) Judicial officers and employees shall, without

additional compensation, perform all functions and render all

services for executive departments and agencies of the state,

when required by law or prescribed by the administrative

director.

(b) A judge or magistrate judge may, with the approval

of the presiding judge of the district and the chief justice, serve

as a part-time United States Magistrate, when so designated by

a United States District Judge for District of Alaska. A judge

or magistrate judge may retain any compensation paid to him

or her by the United States for such services and shall submit

to the administrative director such reports concerning this

additional activity as may be required by the administrative

director. When acting in the capacity of a United States

Magistrate, the judge or magistrate judge shall be governed in

all respects by the United States law and instructions from

federal officials or agencies.

collaterally as provided in this rule, they shall be held

accountable by their superiors in the state judicial system for

the efficient performance of such collateral duties.

(d) Upon approval of the administrative director, a

magistrate judge may accept appointment as a passport agent

by the United States Department of State. The execution fee

collected by a magistrate judge or other court employee when

executing a passport application must be deposited in the court

revenue account.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 422 effective July 1, 1980; by SCO 566 effective May 3,

1983; by SCO 1153 effective July 15, 1994; and by SCO 1829

effective October 15, 2014)

Rule 33.

Magistrate Judge Training Judges.

(a) Appointment. The chief justice shall appoint one or

more judicial officers from each district to serve as training

judges for two-year terms.

(b) Assignment. Training judges may be assigned to

magistrate judges in any judicial district.

training, assistance, and mentorship to a magistrate judge. The

training judge also assists in the evaluation of a magistrate

judge’s performance.

(d) Duties. A training judge shall maintain contact with a

magistrate judge to whom the training judge has been assigned

as prescribed by the presiding judge, the presiding judge’s

designee, or the administrative director. The training judge

must gather information about the magistrate judge’s work

performance including, but not limited to, observing the

magistrate judge on the bench, listening to court proceedings,

reviewing case files in which the magistrate judge has

performed work, and communicating with others at the court

and in the community about the magistrate judge’s

performance. The training judge shall provide training and

assistance to the magistrate judge based upon the training

judge’s assessment of the magistrate judge’s needs or as

directed by the presiding judge, the presiding judge’s designee,

or the administrative director. The training judge shall provide

information to the presiding judge, the presiding judge’s

designee, and the administrative director for the purpose of

evaluating the magistrate judge’s performance.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1153 effective July 15, 1994; by SCO 1829 effective

October 15, 2014; and by SCO 2027 effective December 18,

2024)

Rule 34.

Bonding of All Justices, Judges, Magistrate

Judges, and Judicial Employees.

ALASKA COURT RULES

The administrative director shall ensure that the blanket

position bond covering all state employees also covers all

justices, judges, magistrate judges and all employees of the

state judicial system. Such bond shall protect the state as to the

honesty and faithful performance of duty of all court system

positions covered and shall extend coverage to protect the state

from loss by reason of the illegal act of any person not an

employee of the state judicial system.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1829 effective October 15, 2014)

Rule 35.

Electronic Recording Equipment—Official

Court Record—Responsibility for Record.

(a) Electronic recording equipment will be installed in all

courts for the purpose of recording all official court hearings.

Such electronic recordings will constitute the official court

record. It will be the responsibility of each judicial officer to

require that the electronic recording equipment in court be

operated only by a certified operator, or by an individual under

the direct supervision of a certified operator during training, in

such manner and under such conditions as to ensure the

production of a clear and completely understandable record of

all proceedings.*

(b) In this rule, the term “certified operator” means a

person who has successfully completed a training course in the

operation of electronic recording equipment in accordance

with standard procedures established by the administrative

director of courts.

recorded, the judicial officer shall be satisfied that the

electronic recording equipment is functioning properly. During

all proceedings the certified operator shall monitor the

electronic recording equipment in accordance with standards

established by the administrative director of courts and

immediately notify the judicial officer when it is uncertain that

the record is clear and completely understandable. Where

extraneous noises, interference, poor enunciation or other

factors create doubt that the electronic record is clear and

completely understandable, it will be the responsibility of the

judicial officer to cause the doubtful proceeding to be repeated.

(d) The electronic equipment operator shall be

responsible for maintaining detailed, accurate and thoroughly

legible log notes which correlate the tape position with

described courtroom events. The administrative director of

courts shall establish standard procedures for the form,

preparation and storage of log notes.

(e) The administrative director of courts shall establish

policies, procedures and standards to assure the complete and

accurate duplication of the electronic record and shall provide

for a uniform safe method of permanent preservation of those

original electronic records and log notes which are required to

be preserved by the records retention schedule adopted under

Administrative Rule 37.

(f) The administrative director may authorize the use of

video recording equipment to record any trial where the

recordation of such proceedings is feasible. Such video

recordings must be accomplished in accordance with

procedures established by the administrative director of courts.

The video record in conjunction with the electronic audio

recording will constitute the official court record.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 554 effective April 4, 1983; by SCO 587 effective June 1,

1984; and by SCO 601 effective June 1, 1984)

Cross References

CROSS REFERENCE: Administrative Bulletins 19 (Playback of

Trial Testimony); 20 (Confidential Tapes); 21 (Tape Numbering Policy);

22 (Log Notes); 23 (Tape Security)

*Editor’s Note: Supreme Court Order 601 effective nunc

pro tunc June 1, 1984, provides that those portions of

Administrative Rule 35 which require operation of electronic

recording equipment only by a certified operator as defined in

paragraph (b) of the rule are suspended until further order of

the court. All other portions of the rule, including the

responsibility of the judicial officer to require electronic

recording equipment operation in such manner and under such

conditions as to ensure the production of a clear and completely understandable record of all proceedings, remain in effect.

Rule 36.

Transcripts—Fees—Preparation.

(a) The administrative director shall prescribe standards

and procedures for the preparation of transcripts for appeal or

other official purposes. All transcripts filed with the Alaska

Court System shall be prepared according to these standards

and procedures. Each transcript prepared under this rule must

be certified and shall be certified only by the person who

prepared it.

(b) When a transcript is to be prepared by a person other

than a court employee, the court shall provide that person with

a copy of the electronic recording of the proceedings to be

transcribed, a copy of the log notes, and other information

necessary for preparation of the transcript. No fee shall be

collected by the court from the transcriber or the appellant for

providing this material.

transcript shall be solely responsible under this rule for

collection of the transcript fees.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 1150 effective October 28, 1993)

Cross References

CROSS REFERENCE: Administrative Bulletin 31 (Transcriber

Standards and Transcript Form) and Manual of Transcript Preparation (TF410).

Rule 37.

Records Retention.

(a) The administrative director may adopt a schedule for

the retention, destruction, and archiving of any records, papers,

or documents maintained by the Alaska Court System.

ALASKA COURT RULES

(b) Each presiding judge or area court administrator

shall, upon approval by the administrative director, destroy or

provide for the destruction of all pleadings, papers,

instruments, depositions, and transcripts filed in any action or

proceeding in the superior or district court if all of the

following conditions exist:

CROSS REFERENCE: Administrative Bulletins 25 (Records

Retention Schedule); 46 (Micrographics Quality Control Standards)

(1)

The action or proceeding is no longer

pending or on appeal in any court and all appeal periods have

elapsed;

(1) Public access to court records is governed by

Administrative Rules 37.5 through 37.8 and 40. These rules are

adopted pursuant to the inherent authority of the Alaska

Supreme Court and provide for access in a manner that:

(2)

The presiding judge or area court

administrator has certified that the destruction of the records is

permitted by the Records Retention Schedule;

(3)

There is maintained for the use of the public

an archived copy of each document required by the Records

Retention Schedule to be permanently retained and a process

for the public to view an archived copy;

(4)

The archived copy must be stored in such a

manner and place as will reasonably assure its preservation

indefinitely against loss, theft, defacement, or destruction;

(5)

At the time of the taking of the archived

copy, the person under whose supervision the same was taken

has attached to or incorporated in the archived copy a

certification that the copy is a correct copy of the original or of

a specified part hereof, as the case may be, the date or dates on

which it was taken and the fact that it was taken under that

person’s direction; and

(6)

The records have been reviewed under (d)

of this rule and have been determined to have no historical

value.

archival processes and procedures to be used under (b) of this

rule and the methods of destruction of records described in

(b)(1) through (6) of this rule.

(d) On or before January 15th of each year each judicial

officer shall, regarding the cases that were assigned to that

judicial officer and closed during the preceding calendar year,

provide the administrative director with a list identifying and

designating any original case documents or records contained

in those cases which have present or potential historical value.

The administrative director shall provide for the archiving and

safekeeping of all original case documents and records so

identified.

(e) A photographic reproduction of any of the records

described in this rule, the archival copy, or the negative or film

of which has been certified by the person in charge of such

reproduction as a correct copy of the original, shall be received

in evidence in all courts in like manner as the original.

(Adopted by SCO 412 effective July 1, 1980; amended by

SCO 586 effective April 4, 1984; and by SCO 1999 effective

February 6, 2023)

Cross References

Rule 37.5.

Access to Court Records.

(a) Scope and Purposes.

(A) maximizes accessibility to court records;

(B) supports the role of the judiciary;

(D) contributes to public safety;

(E) minimizes risk of injury to individuals;

(F) protects individual privacy rights and interests;

(G) protects proprietary business information;

(H) minimizes reluctance to use the courts to resolve

disputes;

(I) makes most effective use of court personnel;

(J) provides excellent customer service; and

(K) does not unduly burden the ongoing business of the

judiciary.

(2) These rules apply to all court records; however, court

personnel need not redact or restrict information that otherwise

was public in case records and administrative records created

before October 15, 2006..

(b) Who Has Access to Court Records.

(1) Every member of the public will have the same

access to court records under these rules, except as provided in

Administrative Rule 37.8(b)(4) and 37.8(c)(2).

(2) The following persons are not members of the public

and may have greater access in accordance with their functions

within the judicial system:

(A) court personnel for case processing purposes only;

(B) people or entities, private or governmental, who

assist the court in providing court services;

defined by another statute, rule, order, or policy; and

(D) the parties to a case or their lawyers regarding access

to records in their case.

ALASKA COURT RULES

(1) “Court record” means both case records and

administrative records, but does not include records that may

be in the court’s possession that do not relate to the conduct of

the court’s business.

(2) “Case record” means any document, information,

data, or other item created, collected, received, or maintained

by the court system in connection with a particular case.

(3) “Administrative record” means any document,

information, data, or other item created, collected, received, or

maintained by the court system pertaining to the administration

of the judicial branch of government and not associated with

any particular case.

(4) “Confidential” means access to the record is

restricted to:

(A) the parties to the case;

(B) counsel of record;

authorizing access; and

(D) court personnel for case processing purposes only.

(5) “Sealed” means access to the record is restricted to

the judge and persons authorized by written order of the court.

(6) “Remote access” means the ability of a person to

inspect and copy information in a court record in electronic

form through an electronic means.

(7) “In electronic form” means any information in a

court record in a form that is readable through an electronic

device.

(d) General Access Rule.

(1) Court records are accessible to the public, except as

provided in paragraph (e) below.

(2) This rule applies to all court records, regardless of the

manner of creation, method of collection, form of storage, or

the form in which the record is maintained.

or confidential pursuant to statute, court rule, case law, or court

order; and

(D) documents, information, data, or other items relating

to a petition filed by a minor under age 18 to bypass parental

notice or consent to an abortion under AS 18.16.030 or an

appeal of an order denying or dismissing a petition, all of

which remain sealed.

(2) Administrative Records. The following administrative

records are not accessible to the public:

(A) personal information, performance evaluations, and

disciplinary matters relating to any past or present employee of

the Alaska Court System or any other person who has applied

for employment with the Alaska Court System, and personnel

records that are confidential under Alaska Court System

Personnel Rules C1.07 and PX1.08;

(B) the work product of any attorney or law clerk

employed by or representing the Alaska Court System if the

work product is produced in the regular course of business or

representation of the Alaska Court System;

email addresses of judges and law clerks;

(D) documents or information that could compromise the

safety of judges, court staff, jurors, or the public, or jeopardize

the integrity of the court’s facilities or property;

(E) documents or information that could compromise the

security or integrity of any of the court’s information

technology systems or electronic recordkeeping systems,

including any information relating to any cybersecurity events

or prevention of cyber-attacks;

(F) records or information collected and notes, drafts, and

work product generated during the process of developing

policy relating to the court’s administration of justice and its

operations;

(e) Court Records Excluded from Public Access

(G) email messages that are created primarily for the

informal communication of information and that do not set

policy, establish guidelines or procedures, memorialize

transactions, or establish receipts; and

(1) Case Records. The following case records and caserelated documents are not accessible to the public:

(H) records that are confidential, privileged, or otherwise

protected by law, rule, or order from disclosure.

(A) memoranda, notes, or preliminary drafts prepared by

or under the direction of any judicial officer of the Alaska

Court System that relate to the adjudication, resolution, or

disposition of any past, present, or future case, controversy, or

legal issue;

(f) Obtaining Access to Public Court Records. Court

records that are accessible to the public shall be open to

inspection at all times during the regular office hours of the

courts. The administrative director shall establish written

guidelines to ensure that all members of the public upon

request will be given reasonable access and opportunity to

inspect such public records and to ensure the preservation and

safekeeping of such public records for such period of time as

they may be kept by the Alaska Court System.

(B) legal research and analysis prepared or circulated by

judges or law clerks regardless of whether it relates to a

particular case and written discussions relating to procedural,

administrative, or legal issues that are or may be before the

court;

(Adopted by SCO 503 effective February 1, 1982; amended by

SCO 943 effective January 15, 1989; by SCO 1016 effective

ALASKA COURT RULES

January 15, 1990; rescinded and readopted by SCO 1622

effective October 15, 2006; amended by SCO 1740 effective

nunc pro tunc to September 7, 2010; by SCO 1893 effective

August 10, 2016; and by SCO 1983 effective October 17,

2022)

Note: Chapter 64, SLA 2010 (SB 60), effective September 7, 2010, enacted changes relating to the Uniform Probate

Code. According to section 12(e) of the Act, AS 13.12.585, as

enacted by section 8 of the Act, has the effect of amending

Administrative Rule 37.5 by requiring that certain information

contained in court records relating to a petition under AS

13.12.530 or 13.12.535, enacted by section 8 of the Act, be

kept confidential and only released as indicated in AS

13.12.585.

Editor’s Note:

Although Probate Rule 20 was rescinded in

2016, records relating to a judicial bypass procedure to

authorize a minor to consent to an abortion remain sealed

under Administrative Rule 37.5(e)(1)(D).

Cross References

CROSS REFERENCE: Administrative Bulletin 12 (Guidelines for

Inspecting and Obtaining Copies of Public Records)

Rule 37.6.

Prohibiting

Records.

Access

Public

Case

(a) Limiting Access. Notwithstanding any other rule to

the contrary, the court may, by order, limit access to public

information in an open case file or a case file that has been

closed for less than 90 days, or an individual record in one of

those case files, only by (1) sealing or making confidential the

entire case file, or (2) sealing or making confidential individual

documents in or parts of the case file, which may include

individual filings, log notes, the audio recording of

proceedings in the case, the transcript of proceedings, or

portions thereof. A request to limit access may be made by any

person affected by the release of the information or on the

court’s own motion. The court may consider limiting access to

information in a public case file only if the case is open or if

the case file has been closed for less than 90 days; the court

shall not limit access to all or portions of a case file that has

been closed for 90 days or longer. For a case reopened 90 days

or more after closing, the court may, by order, limit access

only to public information that is filed or occurs after the date

the case reopened. A case is not considered open under this

subsection if the case was previously closed and later reopened

solely because a motion or request under this subsection was

filed.

(b) Standard. The court may limit public access as

described above if the court finds that the public interest in

disclosure is outweighed by a legitimate interest in

confidentiality, including but not limited to

(3) proprietary business information;

(4) the deliberative process; or

(5) public safety.

To make a finding that a legitimate interest in confidentiality

outweighs the public interest in disclosure under the standard

in this subsection, the court must identify a basis for limiting

access that is particular to the case being considered and that

distinguishes the confidentiality interests of the persons

affected by that case from the interests of persons affected by

disclosure in similar case types, being mindful of the general

public access provision in Administrative Rule 37.5(d)

access the court must use the least restrictive means that will

achieve the purposes of these public access rules and the

reasonable needs as set out as the basis for the request, without

unduly burdening the court.

(d) Procedure. Any request to limit access must be made

in writing to the court and served on all parties to the case

unless otherwise ordered. A request to limit access, the

response to such a request, and the order ruling on such a

request must be written in a manner that does not disclose nonpublic information, are public records, and shall not

themselves be sealed or made confidential.

(e) Public Index to Cases. This rule does not authorize a

court to order a change to any entry in the index to cases or the

public index of cases on the court system’s website, unless the

change is purely ministerial and is intended to correct a data

entry error to ensure the index to cases accurately reflects the

true filings and events as they actually occurred in the case.

(Adopted by SCO 1622 effective October 15, 2006; and by

SCO 1983 effective October 17, 2022)

The terms “confidential” and “sealed” are defined in

Administrative Rule 37.5(c).

Rule 37.7.

Obtaining Access to Non-Public Court

Records.

(a) Allowing Access to Non-Public Records. The

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.